Skyroam Shop

Terms of Service

Skyroam, Inc. Terms of Service

Last Updated: May 24, 2018

Thanks for using Skyroam!

These terms of service (“T&Cs,” “Agreement,”) cover your use and access to Skyroam’s wireless modem hotspot, products, accessories, services, and websites (“Products and Services” or “Equipment”). This is a contract between you and Skyroam, Inc., having its registered office at 180 Sansome Street 2nd Floor, San Francisco, CA 94104 USA ("Skyroam"). The terms "SKYROAM" refers to Skyroam, Inc. and its affiliates. By using the Products and Services, you’re agreeing to be bound by these T&Cs and Skyroam’s Privacy Policy. If you are using the Products and Services for an organization, you're agreeing to these T&Cs on behalf of that organization.

BEFORE YOU USE THE PRODUCTS AND SERVICES, PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS SET FORTH HEREUNDER. BY USING THE PRODUCTS AND SERVICES, YOU ARE BOUND BY AND HAVE BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN PLEASE DO NOT CONTINUE TO USE THE PRODUCTS AND SERVICES. SKYROAM RESERVES THE RIGHT TO REFUSE PRODUCTS AND SERVICES TO ANYONE FOR ANY REASON AT ANY TIME.

THIS AGREEMENT MAY ONLY BE SUPERSEDED BY A SEPARATE, SIGNED WRITTEN AGREEMENT WITH SKYROAM, INC. THAT EXPRESSLY REFERENCES AND SUPERSEDES THIS AGREEMENT (A “SUPERSEDING AGREEMENT”).

The following T&Cs are split up into the following sections:

  1. RENTAL TERMS
  2. PURCHASE TERMS
  1. RENTAL TERMS:

Section 1: Products & Services

In addition to the Products and Services, Skyroam also provides a quick start guide to travelers who plan to visit the United Kingdom, Europe, Asia, or other international destinations covered by Skyroam as listed on the Skyroam website:  skyroam.com/coverage.

SERVICE THROTTLE POLICY: In order to provide quality high-speed connectivity, speed may be reduced after a certain amount of data is reached in each 24-hour period (or 500MB/day). Activities like video streaming are not recommended as they consume a high volume of data and limit access to the network.

Section 2: Eligibility to Rent

While the Products and Services may be used by travelers of any age, Skyroam will only rent to adults who are at least 18 years of age. If you are not 18 years of age, you represent that you are at least the age of majority in your respective state or province of residence; or that you are the age of majority in your state or province of residence and you have given Skyroam your consent to allow your minor dependents to use the Products and Services. 

Section 3: Delivery

When you place an order to rent, Skyroam asks that you inspect all Equipment upon receipt and to verify that it is in good working order and condition. It is your responsibility to ensure that you are available to receive and that you accept the delivery of the Equipment. Skyroam will assume all risk of loss and damage from the delivery of the Equipment from the point of rental order to your designated rental address or Skyroam authorized vending machine.

Section 4: Use of Products & Services

You agree to exercise reasonable care in the use of all Products and Services, and to handle all Equipment in accordance with these T&Cs and provided quick start guide.

You further agree that you will NOT do any of the following:

(a) make repairs or modifications, or alter in any way, the Equipment (including but not limited to the swapping of a non-authorized Equipment battery);

(b) remove or alter any certification markers affixed to the Equipment;

(c) share the Equipment with any third party, or allow any such third party to use the Equipment, with the sole exception of a family member, companion, or friend on your trip (up to five devices);

(d) dispose of the Equipment;

(e) grant any interest in the Equipment to any third party; or

(f) use the Equipment for any illegal purpose, including in violation of your jurisdiction (including but not limited to copyright laws).

(g) use the Products and Services or its content:

(i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate Skyroam’s intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related Skyroam website, other websites, or the internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of the Services or any related Skyroam website, other websites, or the internet.

(h) use the Equipment to transmit worms or viruses or any code of a destructive nature.

Skyroam reserves the right to terminate your use of the Product and Services for violating any of these prohibited uses in this Section 4.

Section 5: Returns

(a) Shipping Instructions via provided pre-paid return label.

All rentals should be returned by a local mail service or other generally recognized courier service in accordance with the provided pre-paid return label and shipping instructions, and returned no later than seven (7) days following your last day of use (the “Rental End Date”). The Equipment shall be returned in good working order and condition. You assume all risk of loss and damage from the return of all Equipment to Skyroam’s designated address on the return label shipping instructions.

 

(b) If you go over your 7-day grace period.

If the rented Equipment is not received by the end of a 7-day grace period following the Rental End Date, you will be charged an additional $9.95/day for up to 13 days. After 13 days, you are assumed to have purchased all rented Equipment; Skyroam’s Purchase T&Cs (as listed on Skyroam’s website) will then apply for your future use of the Equipment.

 

If for any reason you are unable to return the Equipment (including but not limited to the Equipment being lost or stolen during the Rental Period), then you should contact the Skyroam team immediately at support@skyroam.com, so that you do not incur additional late charges. If the Equipment is returned to Skyroam after you have been charged the loss penalty, Skyroam will immediately offset the charge with the fee corresponding to the number of days your Equipment is overdue.

Section 6: Fees & Charges

(a) Rental Period. Your rental period is defined as the dates you book to rent the Products and Services. For vending machine rentals, your Rental Period may last from 3 to 31 days.

(b) Rental charges will be placed in one of two ways:  

(1) For rentals purchases online, your order may be made through the Shopfiy or SnipCart platform. You hereby agree and consent to the policies and procedures of Shopify Inc. (“Shopify”) or Snipcart Inc. (“Snipcart”), as further explained in Section 13 of this Agreement.

 (2) For authorized Skyroam vending machine rentals, your rental order will be placed using the vending machines owned and operated by ZoomSystems, Inc. (“ZoomSystems”). By purchasing from an authorized Skyroam vending machine, you hereby agree and consent to the policies and procedures of ZoomSystems as further explained in Section 13 of this Agreement.

(c) Damages or Lost Equipment.  Subject to Section 7 below, you are solely responsible for all loss or damage to the Equipment during the Rental Period. Any charges for damaged or lost Equipment will be billed directly to the credit card or Paypal account used at the time of rental. Charges can range from replacement parts up to the full value of Skyroam’s Equipment as listed on the Skyroam website. Damaged Equipment is defined as Equipment that is no longer fit for re-use, including cosmetic damage that significantly deteriorates the user experience (e.g. cracked screen).

Please note that Skyroam reserves the right to charge you for the full value of the Equipment or institute collection procedures against you in the event that you fail to return the Equipment as required by this Agreement or fail to pay any Service or damage charges or late fees that you incur. If it becomes necessary to institute collection procedures against you, you agree to pay the costs of collection, including without limitation reasonable attorneys’ fees. Any late fees that Skyroam collects will not waive any other right or remedy that may otherwise be available to you under this Agreement.

Section 7: Ownership of Equipment; Insurance

By renting, you agree and acknowledge you are renting Equipment for travel purposes only, and that you will acquire no rights in the Products and Services. You further agree that Skyroam will retain all ownership of the Equipment.

Insurance is available for purchase providing coverage for any damage, loss, or theft of the Equipment, after a $50 deductible.  In other words, the insurance limits the maximum you would be charged to $50 (in addition to the insurance cost of $19.95). Without insurance, you could be charged the full replacement cost of $99.50 for the Equipment. 

Section 8: Skyroam’s Satisfaction Guarantee 

Skyroam warrants that the Equipment will be delivered in good working order and condition, and that it will continue to operate properly during the term of the Rental Period.  

Section 9: Disclaimer of Warranties   

EXCEPT FOR THE SATISFACTION GUARANTEE SET FORTH IN SECTION 8 ABOVE, SKYROAM MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, ORAL OR WRITTEN, REGARDING THE EQUIPMENT OR THIS AGREEMENT. SKYROAM CANNOT WARRANT THE PRODUCTS AND SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT IT WILL OPERATE PROPERLY ON ALL WIRELESS NETWORKS, THAT IT WILL MEET ALL YOUR NEEDS, OR THAT ANY THAT YOU ACCESS WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET YOUR NEEDS. SKYROAM CANNOT BE RESPONSIBLE FOR THE LEGALITY, ADEQUACY, ACCURACY, QUALITY, OR OPERATION OF ANY THIRD PARTY PRODUCTS OR SERVICES. SKYROAM EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS, SERVICES, AND ANY THIRD PARTY PRODUCTS OR SERVICES ACCESSED THROUGH THE PRODUCTS AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY FOR THE USE OF THE EQUIPMENT AND FOR ANY RELIANCE ON ANY THIRD PARTY PRODUCTS OR SERVICES.

Skyroam will delete all personal information left on returned Equipment. YOU ASSUME THE SOLE RISK AND RESPONSIBILITY FOR ERASING PERSONAL INFORMATION PRIOR TO RETURNING EQUIPMENT RENTED PURSUANT TO THIS T&CS AS THE EQUIPMENT IS NOT INTENDED FOR ANY STORAGE OR USE, INCLUDING BUT NOT LIMITED TO STORING PERSONAL INFORMATION AND DATA.

Section 10: Consequential damages; Limitation of Liability    

TO THE EXTENT PERMITTED BY LAW, NEITHER SKYROAM NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES SHALL IN ANY EVENT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OR REPLACEMENT GOODS AND SERVICES, COVER, OR RELIANCE DAMAGES, OR ANY OTHER TANGIBLE LOSS ARISING OUT OFOR IN CONNECTION WITH THIS AGREEMENT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY, OR OTHERWISE, AND WHETHER OR NOT SKYROAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SKYROAM AGREES THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Skyroam’s total aggregate liability to you from all causes of action and under all theories of liability will be limited to and will not exceed the total amount of all fees paid by you under these T&Cs. This limitation will apply notwithstanding the failure of the essential purpose of any remedy hereunder.

Section 11: Indemnification

By agreeing to these T&Cs, you agree to indemnify, defend, and hold harmless Skyroam, its officers, directors, employees, independent contractors, affiliates, representatives, agents, and other customers against any and all claims, demands, losses, costs, or expense, including but not limited to reasonable attorneys’ fees, in any way connected with (a) a breach of these T&Cs;  (b) any dispute between you and any third party product, service, or site, which you engaged through the Products and Services; and (c) which arise or result from any unauthorized or illegal use or distribution of the Product and Services.

Section 12: Miscellaneous

Skyroam reserves the right to discontinue the Products and Services or terminate and/or amend these T&Cs from time to time at Skyroam’s sole discretion. Expiration or termination of this Agreement will not relieve you of any payment obligations hereunder. Sections 6-9, 12-16 shall survive any such expiration or termination. You may not assign or transfer any of your rights or obligations under this Agreement without Skyroam’s prior written consent. You agree that Skyroam may assign this Agreement without prior notice in the event of a merger, acquisition, or sale of all or part of Skyroam’s business. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized represen­tative of the waiving party. If any provision of this Agreement is held unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining provisions shall not be affected by such holding. The meaning of that provision will be construed to the extent feasible, to render the provision enforceable. If no feasible interpretation will save such provision, it is to be severed from the remainder of the terms of this Agreement, which are to remain in full force and effect. This Agreement contains the entire understanding of the parties with respect to the subject matter contained herein, and shall supersede all prior agreements and understandings, whether written or oral.

Section 13: Third Party Products and Services; User Content

By using the Products and Services, you may receive promotional messages regarding Products and Services Skyroam offers, as well as other third party products, services, and advertisements. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

Any user content you provide us will be at your discretion and with your consent. 

You understand that your user content may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card and payment information is always encrypted during transfer over networks. 

THIRD PARTY PRODUCTS AND SERVICES

Certain content, products and services available via the Products and Services may include materials from third parties. Third party links on Skyroam’s website may direct you to third party sites that are not affiliated with Skyroam. Skyroam does not warrant and will not have any liability or responsibility for any third party content, or for any other materials, websites, products, or services of such third parties. Skyroam is not liable for any harm or damages related to any other transactions made in connection with such third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send certain specific submissions (for example contest entries) or creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that Skyroam may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you have knowingly forwarded and consented to use by Skyroam. Skyroam is under no obligation (1) to maintain such comments in confidence; (2) to pay compensation for such comments; or (3) to respond to such comments. Skyroam monitor and remove content that Skyroam determines (in its sole discretion) that are unauthorized, unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these T&Cs.  You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Products and Services. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Skyroam or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Skyroam takes no responsibility and assumes no liability for any comments posted by you or any third party.

Section 14: Promotional Codes

Promotional codes must be used at time of rental order and cannot be exchanged for credit on previous rentals. The discount is applied to rental fees only, not extras such as insurance. If applicable, enter the discount code in the indicated text field of the checkout order page, and hit "Apply." The discount will be visible immediately in the order summary.

Section 15: Force Majeure

In the event Skyroam fails to perform any obligation pursuant to this Agreement due to an "act of God," or an act of any government, terrorism, riot, labor strikes, industrial disputes, war, accident, or any deficiency in materials or transportation or any other cause of any nature beyond Skyroam’s control, such failure shall not be deemed to be a breach of this Agreement, provided that Skyroam notifies you of the existence and nature of the reason for the nonperformance and delay, and Skyroam resumes performance immediately upon the conclusion of the relevant force majeure.

Section 16: Governing Law; Dispute Resolution and Arbitration

Let's Try To Sort Things Out First.

Skyroam wants to address your concerns without needing a formal legal case. Before filing a claim, you agree to try to resolve the dispute informally by contacting legal@skyroam.co. Skyroam will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Skyroam may bring a formal proceeding. 

 

Governing Law; Judicial forum for disputes.

These T&Cs are governed by California Law, without regard to conflicts of law principles. You and Skyroam agree that any judicial proceeding to resolve claims relating to these T&Cs will be brought in the federal or state courts of San Francisco County, California, subject to the mandatory arbitration provisions below. Both you and Skyroam consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn't affect those requirements or rights.

 

IF YOU'RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

Both Parties Agree To Arbitrate. You and Skyroam agree to resolve any claims relating to these T&Cs through final and binding arbitration before one arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this "Mandatory Arbitration Provisions" section, including its enforceability, revocability, or validity.

Arbitration Procedures. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the San Francisco Bay Area before one arbitrator with substantial experience arbitrating claims relating to commercial contracts. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.  Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction for injunctive relief without breach of this arbitration provision.

Exceptions to Agreement to Arbitrate. Either you or Skyroam may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Products and Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in San Francisco County, California to resolve your claim.

NO CLASS ACTIONS. You may only resolve disputes with Skyroam on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed. If this specific paragraph is held unenforceable, then the entirety of this "Mandatory Arbitration Provisions" section will be deemed void.

Section 17: Contact Information

Questions about these T&Cs should be sent to: legal@skyroam.co

LEGAL ADDRESS NOTICE:

Attn: Skyroam, Inc. LEGAL

180 Sansome Street, 2nd Floor

San Francisco, California 94104 USA

 

[PURCHASE TERMS SCREEN]

Last Updated: May 24, 2018

  1. PURCHASE TERMS:

Thanks for using Skyroam!

These terms of service (“T&Cs,” “Agreement,”) cover your use and access to Skyroam’s wireless modem hotspot, products, accessories, services, and websites (“Products and Services” or “Equipment”). This is a contract between you and Skyroam, Inc., having its registered office at 180 Sansome Street 2nd Floor, San Francisco, CA 94104 USA ("Skyroam"). By using the Products and Services, you're agreeing to be bound by these T&Cs and Skyroam’s Privacy Policy. If you're using Skyroam’s Products and Services for an organization, you're agreeing to these T&Cs on behalf of that organization.

BEFORE YOU USE THE PRODUCTS AND SERVICES, PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS SET FORTH HEREUNDER. BY USING THE PRODUCTS AND SERVICES, YOU ARE BOUND BY AND HAVE BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN PLEASE DO NOT CONTINUE TO USE THE PRODUCTS AND SERVICES. SKYROAM RESERVES THE RIGHT TO REFUSE PERODUCTS AND SERVICES TO ANYONE FOR ANY REASON AT ANY TIME. 

THIS AGREEMENT MAY ONLY BE SUPERSEDED BY A SEPARATE, SIGNED WRITTEN AGREEMENT WITH SKYROAM, INC. THAT EXPRESSLY REFERENCES AND SUPERSEDES THIS AGREEMENT (A “SUPERSEDING AGREEMENT”).

If you purchased your Product and Services from a reseller or partner who is authorized by Skyroam to sell such Equipment (“Authorized Partner”), these T&Cs will still apply as the Agreement between Skyroam and you for your applicable use. 

Section 1: Products & Services

In addition to the Products and Services, Skyroam also provides a quick start guide to travelers who plan to visit the United Kingdom, Europe, Asia, or other international destinations covered by Skyroam as listed on the Skyroam Site:  skyroam.com/coverage.

SERVICE THROTTLE POLICY: In order to provide quality high-speed connectivity, speed may be reduced after a certain amount of data is reached in each 24-hour period (or 500MB/day). Activities like video-streaming are not recommended as they consume a high volume of data and limit access to the network. Purchases of the Skyroam hotspot with Monthly Subscriptions will receive the 500 MB/day, for a total up to 15GB/month.

Section 2: Eligibility to Purchase

While the Products and Services may be used by travelers of any age, Skyroam will only allow purchases from adults who are at least 18 years of age. If you are not 18 years of age, you represent that you are at least the age of majority in your respective state or province of residence; or that you are the age of majority in your state or province of residence and you have given Skyroam your consent to allow your minor dependents to use the Products and Services. 

Section 3: Delivery

When you place an order to purchase, Skyroam asks that you inspect all Equipment upon receipt and to verify that it is in good working order and condition. It is your responsibility to ensure that you are available to receive and that you accept the delivery of the Equipment. Skyroam will assume all risk of loss and damage from the delivery of the Equipment from the point of sale to your designated address.

Section 4: Use of Equipment

You agree to use all Equipment in accordance with these T&Cs and provided quick start guide. You further agree that you will NOT do any of the following:

(a) make repairs or modifications, or alter in any way, the Equipment (including but not limited to the swapping of a non-authorized Equipment battery);

(b) remove or alter any certification markers affixed to the Equipment;

(c) share the Equipment with any third party, or allow any such third party to use the Equipment, with the sole exception of a family member, companion, or friend on your trip (up to five devices);

(d) grant any interest in the Equipment to any third party; or

(e) use the Equipment for any illegal purpose, including in violation of your jurisdiction (including but not limited to copyright laws).

(f) use the Products and Services or its content:

(i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate Skyroam’s intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related Skyroam website, other websites, or the internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of the Services or any related Skyroam website, other websites, or the internet.

(g) use the Equipment to transmit worms or viruses or any code of a destructive nature.

Skyroam reserves the right to terminate your use of the Product and Services for violating any of these prohibited uses in this Section 4.

Section 5: Returns

If you would like to return your order within 30 days of your delivery date, your Equipment must be unused and in the same condition that you received it. It must also be in the original packaging. Once Skyroam receives your returned Equipment, you'll receive confirmation from the Skyroam customer support team and your refund will be processed through your original method of payment within three (3) business days. To ask any questions about return instructions please kindly reach out to the Skyroam customer support team at support@skyroam.com.  You will be responsible for return shipping costs and must include trackable shipping service.

Section 6: Fees & Charges

Purchase Charges. The use of purchased Equipment is assessed using 24 hour day passes (“Daypasses”) for up to five devices, commencing as of the rental start date when you click start and confirm on your Skyroam hotspot screen.

Monthly Subscriptions available ONLY for Purchased Skyroam hotspots (“Subscription”): Subscriptions for purchased Skyroam hotspots will be allotted the 24-hour 500MB/day (for a total up to 15GB/Month) in accordance with the above mentioned Service Throttle Policy. A “Month” is defined as a 30-day billing cycle. The Subscription fee will replace any Daypass fees and will be charged on a 30 day billing cycle basis to your Payment Method (paypal, credit card, etc.) on the calendar day corresponding to the commencement of the paying portion of your Subscription. Note, if the initial Subscription payment falls on a non-recurring date (29th, 30th 31st), Skyroam may adjust the billing cycle to the 1st of the month.

Unless you cancel your Subscription two days before your Monthly billing date (“Subscription Cancellation”), you authorize Skyroam to charge the subsequent Month's Subscription fee to your Payment Method. The Subscription will continue on a Month-to-Month basis until terminated, in accordance with the cancellation terms within this Section 6. Daypasses and Subscriptions may be purchased at our designated store: a.Skyroam.com, our Skyroam Consumer Portal.

Current fees for Daypasses, Subscriptions, and other Products and Services are posted on our Site and may be amended without prior notice. If you have a remaining balance of two Daypasses or less, those remaining Daypasses will expire after 12 months of inactivity. If you have a balance of Daypasses in your account and you do not use that balance of Daypasses in that account for 12 continuous months, two Daypasses will expire from your account at that time and again every 12 months. Using a least one Daypass resets the twelve (12) month cycle of inactivity. If after twelve months of non-use there is only a balance of one Daypass, then one Daypass will expire. If no balance remains, no Daypasses will expire.  Please note that Skyroam does not apply any credit for a partial billing date; all partial days will be treated as full days for billing purposes.

To place any purchase order on our Equipment, you may purchase on our online store, as hosted by Shopify Inc. (“Shopify”) or Snipcart Inc. (“Snipcart”). Skyroam requires a credit card or PayPal account for all applicable charges. The credit card or PayPal account details will be kept on file in the event that other Service Charges need to be placed. Purchases may also be made, including but not limited to, on Amazon.com, Lazada.com, eBay and other marketplaces, which will be governed by the respective T&Cs of each marketplace.

(b) Service Charges. Usage charges must be pre-paid according to the current airtime and data rate schedule for Daypasses and Subscriptions, as posted on Skyroam’s website. In some cases, charges from enterprises may be post-paid if agreed in a signed writing in advance by both Skyroam and the enterprise.

(c) Cancellation. You can cancel your account, Subscription, or use of Daypasses anytime you want, there is no cancellation fee. If your Equipment has already been dispatched, then Skyroam will not be able to refund relevant shipping charges. If you already have received the Equipment and wish to cancel, you will need to return it to Skyroam immediately. Upon cancellation of your account, you will forfeit all Daypasses in the account. No refund for unused Daypasses is allowed.

Monthly Subscription Cancellation. In order to not incur any subsequent Monthly fees, you must cancel your Monthly Subscription account within two (2) business days before your next month’s billing cycle.

 

(d) Duty / Tax Charges / VAT. Depending on the country of where your purchase transaction is taking place, you may be subject to Duty / Tax / VAT Charges in which case you will be responsible for these charges.

Section 7: Ownership of Equipment

By purchasing the Equipment or Skyroam hotspot, you will obtain property rights as to the specific Equipment for your personal use and not for re-sale or distribution.

Section 8: Skyroam’s Warranty

One (1) Year Warranty. Skyroam will exchange or repair any units or parts that are defective within one-year of when you purchased your Equipment. Please contact support@skyroam.com so Skyroam may assess any Product or Equipment issues to help resolve. It is your obligation to notify Skyroam immediately in the event that you experience any problem with your Equipment. In case the law in the locale in which the Skyroam hotspot was purchased by an authorized Skyroam dealer required a warranty longer than one year, the warranty shall equal the minimum required by law.

Section 9: Disclaimer of Warranties   

EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 8 ABOVE, SKYROAM MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, ORAL OR WRITTEN, REGARDING THE EQUIPMENT OR THIS AGREEMENT. SKYROAM CANNOT WARRANT ITS PRODUCTS AND SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT IT WILL OPERATE PROPERLY ON ALL WIRELESS NETWORKS, THAT IT WILL MEET ALL OF YOUR NEEDS, OR THAT ANY THAT YOU ACCESS WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET YOUR NEEDS. SKYROAM CANNOT BE RESPONSIBLE FOR THE LEGALITY, ADEQUACY, ACCURACY, QUALITY, OR OPERATION OF ANY THIRD PARTY PRODUCTS OR SERVICES. SKYROAM EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE PRODCUTS AND SERVICES, AND ANY THIRD PARTY PRODUCTS OR SERVICES ACCESSED THROUGH ITS PRODUCTS AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY FOR THE USE OF THE EQUIPMENT AND FOR ANY RELIANCE ON ANY THIRD PARTY PRODUCTS OR SERVICES.

While Skyroam will delete all personal information left on returned Equipment. YOU ASSUME THE SOLE RISK AND RESPONSIBILITY FOR ERASING PERSONAL INFORMATION PRIOR TO RETURNING EQUIPMENT RENTED PURSUANT TO THIS T&CS AS THE EQUIPMENT IS NOT INTENDED FOR ANY STORAGE OR USE, INCLUDING BUT NOT LIMITED TO STORING PERSONAL INFORMATION AND DATA.

Section 10: Consequential Damages; Limitation of Liability    

TO THE EXTENT PERMITTED BY LAW, NEITHER SKYROAM NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES SHALL IN ANY EVENT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OR REPLACEMENT GOODS AND SERVICES, COVER, OR RELIANCE DAMAGES, OR ANY OTHER TANGIBLE LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY, OR OTHERWISE, AND WHETHER OR NOT SKYROAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SKYROAM AGREES THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Skyroam’s total aggregate liability to you from all causes of action and under all theories of liability will be limited to and will not exceed the total amount of all fees paid by you under these T&Cs. This limitation will apply notwithstanding the failure of the essential purpose of any remedy hereunder.

Section 11: Indemnification

By agreeing to these T&Cs, you agree to indemnify, defend, and hold harmless Skyroam, its officers, directors, employees, independent contractors, affiliates, representatives, agents, and other customers against any and all claims, demands, losses, costs, or expense, including but not limited to reasonable attorneys’ fees, in any way connected with (a) a breach of these T&Cs;  (b) any dispute between you and any third party product, service, or site, which you engaged through the Products and Services; and (c) which arise or result from any unauthorized or illegal use or distribution of the Product and Services.

Section 12: Miscellaneous

Skyroam reserves the right to discontinue the Products and Services or terminate and/or amend these T&Cs from time to time at Skyroam’s sole discretion. Expiration or termination of this Agreement will not relieve you of any payment obligations hereunder. Sections 6-9, 12-16 shall survive any such expiration or termination. You may not assign or transfer any of your rights or obligations under this Agreement without Skyroam’s prior written consent. You agree that Skyroam may assign this Agreement without prior notice in the event of a merger, acquisition, or sale of all or part of Skyroam’s business. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized represen­tative of the waiving party. If any provision of this Agreement is held unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining provisions shall not be affected by such holding. The meaning of that provision will be construed to the extent feasible, to render the provision enforceable. If no feasible interpretation will save such provision, it is to be severed from the remainder of the terms of this Agreement, which are to remain in full force and effect. This Agreement contains the entire understanding of the parties with respect to the subject matter contained herein, and shall supersede all prior agreements and understandings, whether written or oral.

Section 13: Third Party Products and Services; User Content

By using the Products and Services, you may receive promotional messages regarding Products and Services Skyroam offers, as well as other third party products, services, and advertisements. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

Any user content you provide us will be at your discretion and with your consent. 

You understand that your user content may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card and payment information is always encrypted during transfer over networks. 

THIRD PARTY PRODUCTS AND SERVICES

Certain content, products and services available via the Products and Services may include materials from third parties. Third party links on Skyroam’s website may direct you to third party sites that are not affiliated with Skyroam. Skyroam does not warrant and will not have any liability or responsibility for any third party content, or for any other materials, websites, products, or services of such third parties. Skyroam is not liable for any harm or damages related to any other transactions in connection with such third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send certain specific submissions (for example contest entries) or you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that Skyroam may edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you knowingly forwarded and consented to use by Skyroam. In addition, you agree that Skyroam may use your name and logo (whether or not you have made it available through the Products and Services) for the purpose of identifying you as an existing or past customer of Skyroam both on the Products and Services and in marketing, advertising and promotional materials. 

 Skyroam is under no obligation (1) to maintain such comments in confidence; (2) to pay compensation for such comments; or (3) to respond to such comments. Skyroam may monitor and remove content that Skyroam determines (in its sole discretion) to be unauthorized, unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these T&Cs.  You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Products and Services. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Skyroam or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Skyroam takes no responsibility and assumes no liability for any comments posted by you or any third party.

Section 14: Promotional Codes

Promotional codes must be used at time of purchase and cannot be exchanged for credit on previous purchases. The discount for purchases is applied to Daypasses or Subscriptions only. If applicable, enter the discount code in the indicated text field of the checkout order page, and hit "Apply". The discount will be visible immediately in the order summary. Promotional codes expire within 30 days of issue, unless otherwise specified in writing.

Section 15: Force Majeure

In the event Skyroam fails to perform any obligation pursuant to this Agreement due to an "act of God," or an act of any government, terrorism, riot, labor strikes, industrial disputes, war, accident, or any deficiency in materials or transportation or any other cause of any nature beyond Skyroam’s control, such failure shall not be deemed to be a breach of this Agreement, provided that Skyroam notifies you of the existence and nature of the reason for the nonperformance and delay, and Skyroam resumes performance immediately upon the conclusion of the relevant force majeure.

Section 16: Governing Law; Dispute Resolution and Arbitration

Let's Try To Sort Things Out First.

Skyroam wants to address your concerns without needing a formal legal case. Before filing a claim, you agree to try to resolve the dispute informally by contacting legal@skyroam.co. Skyroam will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Skyroam may bring a formal proceeding. 

 

Governing Law; Judicial forum for disputes.

These T&Cs are governed by California Law, without regard to conflicts of law principles. You and Skyroam agree that any judicial proceeding to resolve claims relating to these T&Cs will be brought in the federal or state courts of San Francisco County, California, subject to the mandatory arbitration provisions below. Both you and Skyroam consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn't affect those requirements or rights.

 

IF YOU'RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

Both Parties Agree To Arbitrate. You and Skyroam agree to resolve any claims relating to these T&Cs through final and binding arbitration before one arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this "Mandatory Arbitration Provisions" section, including its enforceability, revocability, or validity.

Arbitration Procedures. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the San Francisco Bay Area before one arbitrator with substantial experience arbitrating claims relating to commercial contracts. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.  Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction for injunctive relief without breach of this arbitration provision.

Exceptions to Agreement to Arbitrate. Either you or Skyroam may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Products and Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in San Francisco County, California to resolve your claim.

NO CLASS ACTIONS. You may only resolve disputes with Skyroam on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed. If this specific paragraph is held unenforceable, then the entirety of this "Mandatory Arbitration Provisions" section will be deemed void.

Section 17: Contact Information

Questions about these T&Cs should be sent to: legal@skyroam.co

LEGAL ADDRESS NOTICE:

Attn: Skyroam, Inc. LEGAL

180 Sansome Street, 2nd Floor

San Francisco, California 94104 USA

2. PRIVACY POLICY

PRIVACY POLICY

We Care About Your Privacy

Skyroam attaches great importance to protecting your personal data. We always inform you about personal data that we collect during your visit to our websites and while using our Products and Services, how your data it is used, what choices you have, and how you can influence the process. This Privacy Policy provides answers to the most important questions.  

Updates to this Privacy Policy account for data protection legal changes and a goal in mind to make things more transparent and clear, with regards to what data we collect, how we process your data, and how we obtain your consent.

We also have added some definitions for terms that are not commonly used and a simple of table contents to make your privacy with Skyroam easier to understand.

This Privacy Policy was written in English (US) and may be translated to other languages solely for the convenience of our Site Visitors. In all cases and specifically if a potential conflict between versions arises, the English version of this Privacy Policy controls.

Table of Contents:

(1) Applicability of this Privacy Policy

 “Skyroam,” collectively refers to entities associated with any of our three global offices: Skryoam, GmbH, Skyroam, Inc., and Skyroam Technology Co., Ltd. and its affiliates are the entities that act as the data controller of your information, as explained in more detail in this section and the “Identifying the Data Controller and Processor” section below.

Skyroam is committed to respecting and preserving your privacy. This privacy policy and agreement ("Privacy Policy") covers how Skyroam collects, uses, and treats personal information that you may provide through our website located at Skyroam.com, shop.skyroam.com, a.Skyroam.com and other affiliated Skyroam.com websites, as updated from time to time (the "Site"). If you are an EU customer, you can learn more about information we collect by visiting our data collection and processing information page, which gives you full control over and access to your Skyroam data. By using the Skyroam Products and Services, you’re agreeing to be bound by Skyroam’s Terms of Service (“T&Cs”) and this Privacy Policy. The terms "you" and "your" refer to any visitor at our Site ("Site Visitors"), as well as to any visitors who engage in transactions over the Site (if Skyroam includes such features on the Site) (each a "Site Customer"). Any undefined terms not in this Policy will use the same definitions as defined in the Skyroam, Inc. T&Cs. To the extent the Terms of Service conflict with the terms of this Privacy Policy, the terms of this Privacy Policy will control.

This Privacy Policy applies (i) to anonymous information you provide to us while using or visiting our Site and Services, and (ii) to Personally Identifiable Information that you choose to provide to us via the Site, or that you provide to us as part of the process of registering online as a Site Customer.

(2) Information we collect and Receive

Skyroam will not share personally identifiable information you provide via the Site with any third party, other than as expressly disclosed in this policy. "Personally Identifiable Information" means information that identifies you, such as your name, mailing address, or email address. Skyroam collects information from you at different points as a Customer on our Site, and uses this information for registration, emergency, processing requests and transactions, informational Notices, anonymous aggregate information, IP addresses, cookies, computer configuration.  

For customers in the EU under GDPR regulations, learn more about what data we collect by visiting the Data Collection & Processing page.

Registration Information:

As a Site Visitor or a Site Customer, you may provide Personally Identifiable Information to us, in connection with requests for information, or for other reasons.

We may collect Personally Identifiable Information voluntarily provided by you when you contact us, sign up for our newsletter, create a user account, download materials, participate in promotional activities, or provide such information through other electronic means. Personally Identifiable Information we collect may include information such as your name, email address, physical address, and telephone number. We are committed to security and implement a variety of security measures to maintain the safety of your Personally Identifiable Information.

We may also collect certain non-Personally Identifiable Information, such as your computer’s IP address, browser information, cookie information, domain name, your geographic location, pages viewed and the number of times viewed. We may also collect information about your use of the website using third party tools such Google Analytics, but only for the purpose of improving our website, user experience, and our services. You may also voluntarily provide us with other non-Personally Identifiable Information, such as your affiliated company. Unless otherwise required by law, all non-Personally Identifiable Information is not used to personally identify you and is only used by us to improve the content and functionality of our Site.

Emergency Information:

 As a Site Customer, you may provide personal information, emergency contact information, and information to us, in connection with requests for information or for other reasons. This information is requested to help you, and designated emergency personnel, in the event of an emergency, and to configure and personalize your Skyroam device and/or experience.

Processing Requests and Transactions:

When you make a request of us via our Site, Skyroam will use any Personally Identifiable Information that you provide in connection with that request for the purposes of processing and responding to that request. In each instance where you make a request under our Site, Skyroam will use the information you provide to us solely for the purpose of fulfilling your request.

Informational Notices, Newsletters and Bulletins:

Periodically, Skyroam may choose to send newsletters, bulletins, marketing materials, or other information to you, and will use Personally Identifiable Information to send such communications. If Skyroam chooses to undertake such communications, you will have the ability to opt-out of receiving these communications as provided in the opt out links and information below, located in in Your Rights, Consent, and Opt out.

Anonymous, Aggregate Information:

"Aggregate Information" is information that does not identify you, and may include statistical information that may range from statistical information and analyses concerning the number of transactions through our Site or services, and the pages on our Site that users visit most frequently. Skyroam uses Aggregate Information to analyze the effectiveness of our Site, to improve our services and our Site, and for other similar purposes. In addition, from time to time, Skyroam may undertake or commission statistical and other summary analyses of (i) the general behavior and characteristics of our Site Visitors, (ii) the effect of our programs on, and the behavior of our Site Visitors, and (iii) the general characteristics of visitors at our Site and participants in our services. Skyroam may share these analyses and Aggregate Information with third parties. Rest assured, though, that Aggregate Information provided to third parties will not allow anyone to identify you, or determine anything personal about you.

IP Addresses:

Skyroam may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your PC), your computer's name, the type and version of your web browser, referrer addresses and other generally accepted log information. Skyroam may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Site is being used and improving the overall Site Customer or Site Visitor experience.

Cookies and our Cookie Policy:

A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your browser from a website's computers and stored on your computer's hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon a future visit. Skyroam may include cookies on our Site and use them to recognize you when you return to our Site. You may set your browser so that it does not accept cookies. Cookies must be enabled on your web browser, however, if you wish to access certain personalized features of our Services.

Computer Configuration 

In order to determine whether your computer is supported by our system, Skyroam may collect certain anonymous information. This information includes, but may not be limited to, your operating system and browser, as well as the presence of any software that our Site may require to operate with your computer, or other third party software on your computer. This information is kept strictly confidential and is not shared with third parties, except as provided for in this Privacy Policy.

Extent of Information Collected 

Skyroam does not collect any more Personally Identifiable Information than reasonably necessary to operate the Site, including its Products, and Services, and to respond to your requests. Click here to learn more about the data we collect and how we process your data (Link to Data Collection and Processing Notice).

(3) How we Use your Information

We will not share Personally Identifiable Information you provide via the Website with any third party, other than as expressly disclosed in this policy. We may use your Personally Identifiable Information to:

Personalize your experience (your information helps us to better respond to your individual needs);

Improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you);

Improve customer service (your information helps us to more effectively respond to your customer service requests, inquiries and support needs);

Create and use email lists to send periodic emails to provide you with new product information, technical updates and information about support services;

Perform marketing surveys to better understand the needs of prospective clients and partners.

(4) Data Retention and Deletion

Skyroam will retain content and information submitted by Site Customers in accordance with a Site Customer’s instructions, including any applicable terms in the Site Customer purchase agreement and Site Customer’s use of Services functionality, and as required by applicable law. The deletion of Site Customer data and other use of the Products and Services by Site Customer may result in the deletion and/or de-identification of certain associated Site Visitor information. For more detail, please review the Help Center or contact Customer Service. Skyroam may retain other Site Visitor information pertaining to you for as long as necessary for the purposes described in this Privacy Policy. This may include keeping your Site Visitor information after you have deactivated your account for the period of time needed for Skyroam to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes and enforce our agreements.

(5) How we Share and Disclose Information

Skryoam Does Not Disclose Information to Unaffiliated Third Parties;

Limited Exceptions: Skyroam uses and discloses Personally Identifiable Information as detailed in the Data Retention and Deletion Section, above. Skyroam will not otherwise disclose your Personally Identifiable Information to unaffiliated third parties without your expressed consent, except in the following limited circumstances: Site Vendors, Imminent Harm, Legal, Transfer of Site, and Security.

Site Vendors

Skyroam may employ other companies to perform functions on our behalf, such as (i) maintaining the Site, (ii) maintaining the server farm or farms that allow us to host your data, (iii) collecting information, (iv) responding to and sending electronic mail, or (vi) other functions necessary to our business. Skyroam may need to share your Personally Identifiable Information with these companies (collectively, "Site Vendors"). Skyroam will provide Site Vendors with only that information necessary to perform their functions, and Skyroam will not allow such Site Vendor to use your Personally Identifiable Information for any other purpose.

Imminent Harm

Skyroam may reveal your Personally Identifiable Information to attorneys, private investigator organizations or law enforcement agencies if Skyroam believes (a) that you are in risk of harm from another, or (b) that you are harming or interfering (or will imminently harm or interfere) with others or violating (either intentionally or unintentionally) our Terms of Service or otherwise violating legal rights. Please note, however, that by specifying this exception from our privacy and data protection practices, Skyroam assumes no duty to monitor safety concerns on your behalf.

 

Legal 

 

Skyroam will reveal your Personally Identifiable Information, to the extent we reasonably believe we are required to do so by law, or in the unlikely event we become involved in a dispute with you, and such information is necessary to support or defend our position. In addition, if we receive legal process calling for the disclosure of your Personally Identifiable Information we will attempt to notify you via the email address you supplied during registration within a reasonable amount of time before we respond to the request, unless such notification is not permitted.

Transfer of Site

 

Skyroam shall be entitled to transfer to a third party information it collects, including any Personally Identifiable Information, in connection with a sale or transfer of all or substantially all of the assets of the business entity responsible for the information under this Policy, provided the acquiring third party has agreed to safeguard your Personally Identifiable Information with protections that in all material respects are the same as or more protective than those set out in this Privacy Policy. You will be informed with electronic notice regarding such Transfer of Site and your information in the event such sale or transfer takes giving you an opportunity to review your options and opt out at that time.

 

Security

 

Skyroam has put in place security systems designed to prevent unauthorized access to or disclosure of information you provide to us, and Skyroam takes commercially reasonable steps to secure and safeguard this information, commensurate with the size and the demographics of Skyroam.

In the event of a security breach, Skyroam will promptly notify you of any unauthorized access to your Site Customer information or Personally Identifiable information. Skyroam has incident management policies and procedures in place to handle such an event.

 

(6) Age Limitations

To the extent prohibited by applicable law, Skyroam does not allow use of our Services and Websites by anyone younger than 16 years old. If you learn that anyone younger than 16 has unlawfully provided us with personal data, please contact us and we will takes steps to delete such information at DPO@skyroam.com

 

Privacy Protection for Children and Teens

Our Site is not directed at children, and Skyroam will not accept or request Personally Identifiable Information from individuals Skyroam knows to be under 13. In accordance with the Children's Online Privacy Protection Act ("COPPA"), if Skyroam learns that a child under 13 has provided Personally Identifiable Information, Skyroam will either (i) delete this information from our databases, in accordance with our deletion policy, or (ii) obtain verifiable parental consent, in accordance with COPPA.

 

(7) Changes to the Skyroam Privacy Policy

Notification of Changes

From time to time, Skyroam may change this Privacy Policy. If Skyroam makes any changes regarding disclosure of Personally Identifiable Information to third parties, Skyroam will attempt to contact you prior to the date the modified policy is scheduled to take effect. Skyroam will post notice of the new Policy from the privacy link on our Site. With respect to Site Visitors, your use of our Site following any such change constitutes your agreement to follow and be bound by the Privacy Policy, as changed. With respect to Site Customers, no such material changes will take effect unless and until you have provided us with your explicit consent to such changes, in accordance with The Applicability of this Privacy Policy, as described above.

 

(8) International Data Transfers and Contractual Terms

In order to provide you with Skyroam Products and Services, information that you provide when you register your Skyroam hotspot and use our Service is sent to our Skyroam data centers in Hong Kong and stored securely. For EU Site Customers that use Skyroam Products and Services, you understand that transfer of this basic data is necessary to provide you with service and allow for us to service your Skyroam account.  Information we collect may include your name, email, telephone number, billing and shipping address, and other depersonalized browsing information. We also collect and store data about the amount of data consumed, the date and time Daypasses are used, and the country you are in during the use of a Daypass.  Our systems may record information about the type of virtual SIM card that is running on your Skyroam hotspot as well. 

Skyroam, its authorized partners, or affiliates will not store or transmit any personal data to third parties without your direct consent or agreement.  Skyroam only collects the minimum amount of data necessary to provide you with account servicing and functionality of our Products and Services. 

 (9) Data Protection Officers

Skyroam has three DPOs, one for each business region in USA, EU, and Asia.  If you are a Site Customer or supervisory authority with questions about your data, privacy or our Privacy Policy and Terms of Service, you may email DPO@skyroam.com, and your inquiry will reach our team of Data Protection Officers. 

(10) Identifying the Controller and Processor

Skyroam serves as the joint controller and processor for your customer data.  When you purchase your hotspot from any of our authorized partners, Skyroam may need to process your data if we provide ancillary services such as customer service through a direct business relationship with that partner.  Whenever you purchase or obtain services or products from Skyroam directly, Skyroam will serve as the controller for that data, meaning that Skyroam will serve to store, protect and make decisions surrounding the use of your data.  Whenever you purchase, buy rent or use Skyroam hotspot devices, Skyroam will be the controller of that data.

 (11) Your Rights, Consent, and Opt Out

Consent by Site Visitors

By accessing and using the Skyroam Site as a Site Visitor, you are acknowledging that you have read and understood this Privacy Policy and agree to be legally bound by it and any such notifications and opt ins as provided to you throughout the Site. If you do not agree with the terms of this Privacy Policy or such notifications, please refrain from using the Site.

Consent by Site Customers

If Skyroam decides to include features on the Site that allow online transactions, Site Customers submit contact information, and other information, to us via the Site. When you register as a Site Customer via the Site, you will be prompted to click an "I Accept" button linked to this Policy. Clicking "I accept" confirms your agreement to be bound by this Privacy Policy.

To allow appropriate control over Personally Identifiable Information, please fill out our form to get immediate access to the information you have provided to us via the Site, and/or to change or update discretionary information that you have previously submitted. Link to Skyroam’s GDPRCompliance Landing Page.

 

Changing or Removing Information; Opting Out

Discretionary Account Information

If Skyroam chooses to send to you bulletins, updates, or other unsolicited communications that are marketing-related materials, Skyroam will provide you with the ability to decline - or "opt-out of" - receiving such communications. Instructions for opting-out will be provided if and when Skyroam determines to send you such a communication.

 

Opt Out

Finally, in accordance with an Opt-Out, if you also request a deletion with your Opt-Out, Skyroam will remove your name and all other Personally Identifiable Information from our databases compiled from the Site. You may request account deletion or share your privacy preferences with us through your account portal or by filling out this request form. Please understand, however that, if you request deletion of your information, you will be unable to utilize associated features of the Site and any associated services with your previous Site Customer information. You may not remove de-identified or Aggregate Information from our databases. For more information about Deletion, please refer to the Data Retention and Deletion section in this Privacy Policy.

 

 (12) Contacting Skyroam regarding EU GDPR or Data Privacy Questions

For questions about GDPR, please email DPO@skyroam.com or visit our GDPR information page. Please feel free to contact Skyroam if you have any questions about this Privacy Policy or Skyroam’s practices, or if you are seeking to exercise any of your statutory rights.  You may contact us at legal@skyroam.com or at our mailing address below:

For Customers in the US and Canada:

Skyroam, Inc. LEGAL 
180 Sansom Street, 2nd Floor 
San Francisco, CA 94101 USA  

or

For Customers outside the US and Canada:

Skyroam GmBH 
Neue Schönhauser Str. 3-5
10178 Berlin, Germany

 

Last Updated: May 10, 2018

COPYRIGHT AND LEGAL NOTICE.

Copyright ©2018 Skyroam, Inc. All Rights Reserved.