Terms Of Services

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS AND SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, company, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Repeated use in any manner not this manner is a violation of the terms of service and will be subject to service disruption, loss of warranties, possible termination of services and associated penalties. No refunds are provided for any violation of terms of service.

SECTION 5a – Connectivity Solution Terms & Conditions

These Connectivity Solution Terms & Conditions (the “Connectivity Terms”) are incorporated into and form a part of the 10T Solutions (“10T”) Customer Agreement that governs your use of 10T Solutions’ solutions (the “Agreement”). Certain terms are defined in section 2. Other terms are defined in the Agreement.

Connectivity Services Subscriptions.

By placing an order for connectivity services, you are starting a Subscription and agreeing to pay the applicable Subscription Fees.

Subscription Term. Unless otherwise specified in the Order or at the time of Activation, the Initial Subscription Term is one month, and the Subscription Renewal Term is one month.

Usage. You will be responsible for all data, voice and texts sent to or from your Devices. You are responsible for any overages resulting from fraudulent or unauthorized usage of the Connectivity Services that originates from or is caused by your Devices (or any device connected to your Devices).

No Resale Permitted. You may, subject to the terms of the Agreement, use the Connectivity Services as a component of a value-added Application that you sell to your customers under your own branding and for your own account. You may not resell the Connectivity Services on a stand-alone basis.

SLAs and Support. No service level agreement or service level commitments apply to the Connectivity Services. Any support we provide to you is provided on an “as is” basis.

Fees. You will be responsible for Subscription Fees in accordance with the terms of the Agreement. In addition to the Subscription Fee, Usage Fees and other Fees may also apply to your use of the Connectivity Services, such as activation and deactivation Fees, suspension Fees, overage Fees and roaming Fees. The applicable Fees will be specified at the time you place an Order.

Billing Disputes. If you believe the Fees we have charged you for the Connectivity Services are incorrect, you must notify us in writing and give reasons within 15 days of the date the Fees are charged to you. If you do not notify us in this period, you waive any right to later claim that the Fees charged to you were incorrect.

Suspension. Connectivity Service may be temporarily suspended or permanently terminated without notice if the acceptable use policy or the network rules of 10T or a Carrier is violated, if a Device is causing disturbance to a Telecommunications Network, or if services are suspended by or at the request of a Carrier or other State, Local or Federal authorities. You waive any claims against 10T and the applicable Carriers for such suspension or termination.

Termination. You must stop using the Connectivity Services immediately if the applicable Subscription is terminated or if the Agreement is terminated. You acknowledge that once a Subscription has been deactivated that it may not be possible to reactivate.

SIM Cards

Inspection. You should promptly inspect each SIM card delivery to confirm that the correct quantity of SIM cards has been received and that there is no visible damage. You must notify us in writing of any quantity discrepancies or visible damage within eight business days of delivery, failing which you will be deemed to have received the correct quantity of undamaged SIM cards.

Warranty. SIM cards may fail due to use, environmental effects and aging. The replacement of SIM cards, and all related costs, are your responsibility. However, if a SIM card fails due to a fabrication error within 30 days of delivery, we will deliver a new SIM card to you free of charge (applicable shipping charges will apply).

Devices

Approvals and Compliance. It is your responsibility to ensure that the Devices comply with all applicable legal and regulatory requirements and telecommunications industry standards, and for obtaining any required approvals and certifications for the geographical markets in which they will be used, including but not limited to GCF (Europe), RED (Europe), PTCRB (US) and FCC (US). You are not permitted to connect Devices that are not approved by local authorities and applicable Carriers for connection to the Telecommunications Networks.

Disconnection. You shall immediately disconnect any Devices that create disturbances to any Telecommunications Network.

Updates. Device software may need to be updated from time-to-time to maintain compatibility with the Connectivity Services. Connectivity Services may be disrupted if Device software is not updated in a timely manner.

Applications

Applications. The Connectivity Services may be used only for Connectivity and IoT Applications. Any application must be compatible with the efficient operation of the Telecommunications Networks and not interfere with the services of other users of the Telecommunications Networks, result in inefficient or excessive use of the Telecommunications Networks, or be inconsistent with the applicable Carriers’ policies and practices.

Prohibited Applications. You may not use or permit anyone else to use the Connectivity Services without prior authorization for or in connection with: (a) remote monitoring to provide life-sustaining medical care for any individual; (b) mobile personal emergency response services, or any product that provides emergency calling to 911 or equivalent emergency telephone numbers; (c) medical devices (i.e. “Devices” as defined in the U.S. Food, Drug and Cosmetic Act; “Medical Devices” as defined in European Union Medical Devices Directive (Directive93/42/EEC), the Active Implantable Medical Devices Directive (Directive 90/385/EEC), or the EU In Vitro Diagnostic Medical Devices Directive (Directive 98/79/0C), or any devices regulated by the local equivalents of such legislation in other territories, or by any successor legislation); (d) the monitoring of third parties without their permission; (e) any life or safety critical systems, in hazardous environments, or any other environments requiring fail-safe performance, including without limitation in the operation of nuclear facilities, aircraft navigation, air traffic control systems, life-saving or life-sustaining systems; or in any other application, where a failure or malfunction of the service may result in personal injury, death or severe damage to property or the environment; or (f) any primarily non-data purpose, including but not limited to services which primarily offer voice communications (i.e.. where voice is sold, or available, as a stand-alone offering).

Network Requirements and Limitations

Availability. Connectivity Services are subject to availability. You acknowledge that Connectivity Services may be refused, interrupted, curtailed or limited because of atmospheric, terrain, or other natural or artificial conditions and may be interrupted or curtailed due to usage concentrations, modifications, upgrades, relocation and repairs of the Telecommunications Networks. Neither we nor the Carriers shall be responsible for such interruptions of the Connectivity Service or the inability to use the Connectivity Services.

Security. You acknowledge that neither we nor the Carriers can guarantee the security of transmissions and will not be liable for any lack of security relating to the use of the Connectivity Services.

Coverage. The Connectivity Services are available only within the geographies served by 10T and the applicable Carriers and are subject to the agreements and relationships between 10T and the Carriers. Geographies may change from time-to-time for various reasons, including due to changes in technologies, legal and regulatory requirements, and the expiration or termination of agreements with Carriers. You waive all existing and future rights and claims against us and the Carriers related to the unavailability of Connectivity Services in a particular geography.

Use of Carriers. We may utilize the Telecommunications Networks of multiple Carriers to provide the Connectivity Services. The Telecommunications Networks utilized and available for use may change from time-to-time and vary from region-to-region for various reasons. Carriers may also from time-to-time suspend services. To reduce the risk of disruptions to the Connectivity Services caused by the foregoing events, We recommend that you utilize Devices that support and are configured to access the Telecommunications Networks of multiple Carriers in each relevant geography, and multiple bands/frequencies. You waive all existing and future rights and claims against us and the applicable Carriers related to, or the result of, the unavailability of the Telecommunications Network of a Carrier.

Prohibited Uses. You may not use the Connectivity Services without prior authorization for communication to Telecommunications Networks that are used for any premium and special rate services, toll-free numbers, special caller assistance services or other similar services.

Additional Connectivity Subscriptions

The following additional terms and conditions apply to all subscriptions for Connectivity Services that otherwise use a 10T branded SIM, or an eUICC SIM card.

Technical Requirements. Connectivity Services are provided to you on the condition that you comply with the following technical requirements for Devices. The requirements are specified to assure best possible functionality for your solution and to minimize the risk of disturbances to the Telecommunications Networks. The requirements are based on, but not restricted to, GSMA “Code of conduct principles for Machine-to- Machine communications” as amended from time to time.

a. You shall ensure that the Device does not run any visited network (V-PLMN) steering mechanism nor any IMSI management or steering mechanism, and does not generate any compatibility issue nor interference with the programs installed on SIM cards.

b. You shall ensure that the Devices are fully compliant with all relevant global standards of GSM/UMTS communications, e.g. ETSI and 3GPP. The Devices must comply with the relevant standards from ETSI and 3GPP for remote Over-The-Air (OTA) SIM management, Card Application Toolkit (CAT) and Card Application Toolkit Transport Protocol (CAT_TP) and this functionality must always be enabled and active in every Device.

c. You shall ensure that the Device does not include functionality resulting in time synchronized behavior causing mass load of the Telecommunications Networks. Such functionality includes, but is not restricted to, (a) time synchronized GPRS attach or PDP context, (b) time synchronized SMS traffic, (c) time synchronized restarts or termination of the customer terminal, and (d) time synchronized location update (LU) signaling. You shall ensure that such functionality, and all other mass events, will be randomly scheduled or with exponential increase of the timing between events and retry events with a jitter component.

d. You shall ensure that the Device is handling potential mobile network error codes in accordance with relevant 3GPP standards.

e. You shall not hard code specific networks and/or network codes in the Device or application.

f. The specific traffic and signaling behavior of the Device must be discussed and agreed in advance with us.

g. You shall ensure appropriate testing (including all future releases) of the Devices to comply with the requirements stated above as well as correct communication (voice, SMS, GPRS, CSD and USSD as applicable) functionality between the remote Device and your systems.

Non-Compliance. We may change the Fees with immediate effect or suspend whole or parts of the Connectivity Services if: (a) we reasonably believes you have failed to comply with the requirements specified in Section 6.1 above, (b) the Devices and technical setup are not fully compliant with the 3GPP standards and GSMA rules and practices, (c) the Devices and technical setup (modem mode of operation) are not allowing proper operation of the “smart steering” feature of the SIM and on-SIM applet requiring SIM toolkit interactions, or (d) you, your Devices or your use of the Connectivity Services violates applicable laws or regulations, or is non-compliant with a Carrier’s rules and practices.

Exceptions Applicable to Certain SIMs. The programs on certain SIM cards are inactive and thus the prohibition of steering noted in Section 6.1(a) and the required compliance with OTA, CAT and CAT_TP in Section 6.1(b) do not apply. Notwithstanding the foregoing, if your future solution would require activation and use of these programs, your Devices must comply with the foregoing requirements.

SIM software. The SIM software is the Confidential Information of 10T. Customer shall not modify, decompile, reverse engineer, translate or create derivative works of the SIM software or use the SIM software except in connection with the use of the associated Connectivity Services. We may from time-to- time remotely install updates or make configuration changes to the SIM software to address technical requirements or improve security. Such updates may result in a temporary suspension of the Connectivity Services. If you are incorporating the Connectivity Services into an IoT Application that you are providing to your customers, you represent that you have obtained all required consents for such updates and changes.

Mandatory Carrier Terms

Carrier Terms. YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT (A) YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH ANY CARRIER; (B) YOU ARE NOT A THIRD- PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN US AND ANY CARRIER; (C) NO CARRIER SHALL HAVE ANY LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS OR DEMANDS THEREFOR; (D) DATA TRANSMISSIONS AND MESSAGES MAY BE DELAYED, DELETED OR NOT DELIVERED; (E) 911 OR SIMILAR EMERGENCY CALLS MAY NOT BE COMPLETED; AND (F) CARRIERS CANNOT GUARANTEE THE SECURITY OF WIRELESS TRANSMISSIONS AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE CONNECTIVITY SERVICES.

Availability. YOU ACKNOWLEDGE THAT CONNECTIVITY SERVICES ARE MADE AVAILABLE ONLY WITHIN THE OPERATING RANGE OF THE TELECOMMUNICATIONS NETWORKS. SERVICE MAY BE TEMPORARILY REFUSED, INTERRUPTED, OR LIMITED BECAUSE OF: (A) FACILITIES LIMITATIONS;

(B) TRANSMISSION LIMITATIONS CAUSED BY ATMOSPHERIC, TERRAIN, OTHER NATURAL OR ARTIFICIAL CONDITIONS ADVERSELY AFFECTING TRANSMISSION, WEAK BATTERIES, SYSTEM OVERCAPACITY, MOVEMENT OUTSIDE A SERVICE AREA OR GAPS IN COVERAGE IN A SERVICE AREA AND OTHER CAUSES REASONABLY OUTSIDE OF THE CONTROL OF THE APPLICABLE CARRIERS SUCH AS, BUT NOT LIMITED TO, INTENTIONAL OR NEGLIGENT ACTS OF THIRD PARTIES THAT DAMAGE OR IMPAIR THE NETWORK OR DISRUPT SERVICE; OR (C) EQUIPMENT MODIFICATIONS, UPGRADES, RELOCATIONS, REPAIRS, AND OTHER SIMILAR ACTIVITIES NECESSARY FOR THE PROPER OR IMPROVED OPERATION OF SERVICE.

As-Is. CARRIERS MAKE THEIR NETWORKS AVAILABLE AS-IS AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE AVAILABILITY OR QUALITY OF ROAMING SERVICE PROVIDED BY THEIR CARRIER PARTNERS, AND WILL NOT BE LIABLE IN ANY CAPACITY FOR ANY ERRORS, OUTAGES, OR FAILURES OF CARRIER PARTNER NETWORKS.

Prohibited Conduct. You may not, and may not permit anyone else to (a) directly or indirectly identify a Carrier by name in any marketing materials or other communications, unless required to do so by applicable law; (b) use any Carrier’s trade names, logos, trademarks, service marks or other indicia of origin (“Third Party Marks”) without the prior specific written consent of the Carrier (for clarity, a Carrier’s consent to allow 10T to use Third Party Marks may not be considered consent for you to use such Third-Party Marks unless you are specifically authorized in writing by the Carrier); (c) make any comparative marketing claims regarding products or services sold by the Carrier, nor target any sales or marketing efforts towards any customer they know is a customer of a Carrier; (d) represent yourself as the federal or state certified licensee for operation of any wireless communications service; (e) represent yourself as being an agent, partner, franchisee or joint venturer of a Carrier; (f) attempt or assist another to access, alter or interfere with the communications and/or information of other subscribers; (g) rearrange, tamper or make an unauthorized connection with any Telecommunications Network; (h) use or assist others in the use of any unethical or fraudulent scheme, or by or through any other unethical or fraudulent means or devices whatsoever, with intent to avoid payment of, in whole or in part, any charges for service; (i) use any Connectivity Services in such a manner so as to interfere unreasonably with the use of the services by one or more subscribers; (j) use the Connectivity Services to convey information deemed to be obscene, salacious or prurient, or to convey information of a nature or in such a manner that renders such conveyance unlawful; or (k) use the Connectivity Services without permission on a stolen or lost device.

Definitions

“Connectivity Services” means (a) our provision of cellular, satellite or other wireless connectivity Services to you, and (b) any other Services we provide to you to support your use of such Services.

“Device” means the device that utilizes the Connectivity Services and in which the SIM resides, whether the device is provided by 10T or a third party.

“IoT Application” means an Internet of Things (IoT) or machine-to-machine (M2M) application whereby a Device communicates data to or from a server or another device on a regular or event-driven basis without any requirement for human intervention. For clarity, IoT Applications exclude applications such as cellular phones, tablets and laptops.

“SIM” means a subscriber identity module, whether it is removable from, or embedded in, the Device, or implemented in the Device software.

“Telecommunications Networks” means the telecommunications networks that are used for the delivery of the Connectivity Services, whether operated by 10T or by Carriers.

Certain other terms used in these Connectivity Terms are defined elsewhere in the Agreement.

SECTION 5b – Acceptable Use Policy

10T Solutions, Inc. (“10T”) is at all times committed to complying with the laws and regulations governing use of the Internet, e-mail transmission, and text messaging, and preserving for all of its Customers the ability to use the 10T & Partner networks and the Internet without interference or harassment from other users. The 10T Acceptable Use Policy (“AUP”) is designed to help achieve these goals.

By using IP Service(s), as defined below, Customer(s) agrees to comply with this AUP and to remain responsible for its users. 10T reserves the right to change or modify the terms of the AUP at any time. Customer’s use of the IP Service(s) after changes to the AUP are posted shall constitute acceptance of any changes or additional terms.

Scope of the AUP

The AUP applies to the 10T services that provide (or include) access to the Internet, including hosting services (software applications and hardware), or are provided over the Internet or wireless data networks (collectively “IP Services”).

Prohibited Activities

General Prohibitions: 10T prohibits use of the IP Services in any way that is unlawful, harmful to, or interferes with use of 10T & Partner networks or systems, or the network of any other provider; interferes with the use or enjoyment of services received by others; infringes intellectual property rights; results in the publication of threatening or offensive material; or constitutes Spam/Email/Usenet abuse, a security risk, or a violation of privacy. In addition, 10T & Partner networks and provided solutions are prohibited from use, in entirety or in part, in critical, national defense applications and in medical monitoring, including critical life support applications, without the prior written approval of 10T.

Unlawful Activities: IP Services shall not be used in connection with any criminal, civil, or administrative violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule.

Violation of Intellectual Property Rights: IP Service(s) shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute, or store any content/material, or to engage in any activity that infringes, misappropriates, or otherwise violates the intellectual property rights or privacy or publicity rights of 10T or any individual, group, or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights, or other intellectual property right now known or later recognized by statute, judicial decision or regulation.

Threatening Material or Content: IP Services shall not be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name), that harasses, or threatens the health or safety of others. In addition, for those IP Services that utilize 10T & Partner provided web hosting, 10T reserves the right to decline to provide such services if the content is determined by 10T & Partners to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent or promoting the use of violence, or otherwise harmful to others.

Inappropriate Interaction with Minors: 10T & Partners comply with all applicable laws pertaining to the protection of minors, including, when appropriate, reporting cases of child exploitation to the National Center for Missing and Exploited Children. For more information about online safety, visit www.ncmec.org.

Child Pornography: IP Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute, or store child pornography. Suspected violations of this prohibition may be reported to 10T at the following e-mail address: legal@10tsolutions.com. 10T will report any discovered violation of this prohibition to the National Center for Missing and Exploited Children and take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from its servers.

Spam/Email/Usenet Abuse: Violation of the CAN-SPAM Act of 2003, or any other applicable law regulating e-mail services, constitutes a violation of this AUP.

Spam/E-mail or Usenet abuse is prohibited using IP Services. Examples of Spam/E-mail or Usenet abuse include but are not limited to the following activities:

sending multiple unsolicited electronic mail messages or “mail-bombing” – to one or more recipients;

sending unsolicited commercial e-mail, or unsolicited electronic messages directed primarily at the advertising or promotion of products or services;

sending unsolicited electronic messages with petitions for signatures or requests for charitable donations, or sending any chain mail related materials;

sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;

sending electronic messages, files, or other transmissions that exceed contracted-for capacity, or that create the potential for disruption of the 10T & Partner networks or of the networks with which 10T & Partners interconnect, by virtue of quantity, size, or otherwise;

using another site’s mail server to relay mail without the express permission of that site;

using another computer, without authorization, to send multiple email messages or to retransmit email messages for the purpose of misleading recipients as to the origin or to conduct any of the activities prohibited by this AUP;

using IP addresses that the Customer does not have a right to use;

collecting the responses from unsolicited electronic messages;

maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;

sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party’s quiet enjoyment of the IP Services or the Internet (e.g., through language, frequency, size or otherwise);

using distribution lists containing addresses that include those who have opted out;

sending electronic messages that do not accurately identify the sender, the sender’s return address, the e-mail address of origin, or other information contained in the subject line or header;

falsifying packet header, sender, or user information, whether in whole or in part, to mask the identity of the sender, originator, or point of origin;

using redirect links in unsolicited commercial e-mail to advertise a website or service;

posting a message to more than ten (10) online forums or newsgroups, that could reasonably be expected to generate complaints;

intercepting, redirecting, or otherwise interfering or attempting to interfere with email intended for third parties;

knowingly deleting any author attributions, legal notices, or proprietary designations or labels in a file that the user mails or sends;

using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, including, but not limited to, the facilitation of the means to spam.

Security Violations

Customers are responsible for ensuring and maintaining security of their systems and the machines that connect to and use IP Service(s), including implementation of necessary patches and operating system updates.

IP Services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of 10T & Partner’s (or another party’s) server, network, network access and control devices, personal computer, software, data, or other system; or to attempt to do any of the foregoing. Examples of system or network security violations include, but are not limited to:

unauthorized monitoring, scanning, or probing of network or system, or any other action aimed at the unauthorized interception of data or harvesting of email addresses;

hacking, attacking, gaining access to, breaching, circumventing, or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software, or data without express authorization of the owner of the system or network;

impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.);

using any program, file, script, command, or transmission of any message or content of any kind designed to interfere with a terminal session, the access to or use of the Internet, or any other means of communication;

distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);

knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits, or any other similar software or programs that may damage the operation of another’s computer, network system, or other property, or be used to engage in modem or system hijacking;

engaging in the transmission of pirated software;

with respect to dial-up accounts, using any software or device designed to defeat system time-out limits or to allow Customer’s account to stay logged on while Customer is not actively using the IP Services, or using such account for the purpose of operating a server of any type;

using manual or automated means to avoid any use limitations placed on the IP Services;

providing guidance, information, or assistance with respect to causing damage or security breach to 10T & Partner network or systems, or to the network of any other IP Service provider;

failure to take reasonable security precautions to help prevent violation(s) of this AUP.

Customer Responsibilities

Customers remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed, or transmitted using the IP Services. 10T & Partners have no responsibility for any material created on the 10T & Partner network or accessible using IP Services, including content provided on third-party websites linked to the 10T & Partner network. Such third-party website links are provided as Internet navigation tools for informational purposes only, and do not constitute in any way an endorsement by 10T & Partners of the content(s) of such sites.

Customers are responsible for taking prompt corrective action(s) to remedy a violation of AUP and to help prevent similar future violations.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any 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. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality 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 Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Our Services should not be used for video streaming, audio streaming, cryptocurrency mining and other prohibited uses. Repeated use in this manner is a violation of the terms of service and will be subject to service disruption, loss of warranties, possible termination of services and associated penalties. In case of usage incurred above the Data Plan chosen on our shop, we reserve the exclusive right to proactively bill customer credit cards at the rate of $9.95 per GB for overages. Unpaid charges for excessive use will result in immediate termination of service and possible legal action. No refunds are provided for any violation of terms of service. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall 10T Solutions, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless 10T Solutions, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at help@10tsolutions.com.