SIM-ONLY SERVICE ADDENDUM
1 CONFIDENTIAL Sensitivity: Private SIM-ONLY SERVICE ADDENDUM This Addendum for SIM-Only Service (“ Addendum ”) is made part of and incorporated in the Agreement and entered into by and between IGEM COMMUNICATIONS LLC (DBA Globalgig), a Texas limited liability company, and its Affiliates, with a principal place of business at 1870 W. Bitters Road, Suite 103, San Antonio, Texas 78248 ( “ Globalgig ”) and the customer identified on the applicable Service Order, within Globalgig’s billing systems, or a s a User of a Globalgig Service (“ Customer ”) . Capitalized terms not defined herein shall have the meaning ascribed to them in the Agreement. By accessing or using Services, Customer agrees to be bound by this Addendum and the Agreement . 1. CUSTOMER EQUIPMENT RESPONSIBILITY . Customer acknowledges and agrees that Customer is responsible for providing, installing, and maintaining the wireless router (“ Customer Equipment ”) for use with the Service hereunder. Customer is solely responsible for the installation, configuration, security, operation, and maintenance of the Customer Equipment. Globalgig does not provide technical support for Customer Equipment except for basic connectivity verification to Globalg ig’s network. 2. COMPATIBILITY AND PERFORMANCE . Customer is responsible for ensuring that the Customer Equipment is compatible with Globalgig’s Service requirements, including but not limited to speed, frequency bands, and security protocols. Globalgig makes no guarantee that all Customer Equipment will function properly with the Service. Service quality, reliability, or performance issues resulting from Customer Equipment shall not be the responsibility of Globalgig. 3. SECURITY AND DATA PROTECTION . Customer is solely responsible for securing the Customer Equipment, including setting and maintaining strong passwords, enabling encryption, and updating firmware. Globalgig shall not be liable for unauthorized access, data breaches, or malware infections arising from the Customer Equipment. Customer agrees to indemnify, defend, and hold harmless Globalgig against Claims arising from Security Incidents caused by Customer Equipment. 4. SUPPORT AND TROUBLESHOOTING . Globalgig’s support obligations are limited to verifying the state and accurate provisioning of the data services on the SIM card. If Customer requests further assistance, Globalgig may, at its discretion, provide limited best-effort troubleshooting. Additional charges may apply. If Service issues are traced to Customer Equipment, Customer will remain responsible for any related fees. 5. LIMITATION OF LIABILITY . Notwithstanding anything to the contrary, Globalgig shall not be liable for any Claim, loss, damage, or expense arising from the use, misuse, or failure of Customer Equipment. Customer assumes full risk of using non-Globalgig-provided equipment with the Service. Globalgig shall not be liable for indirect, incidental, special, reliance, punitive, exemplary, or consequential damages, including loss of data or business, due to failures or incompatibilities of Customer Equipment. 6. CHANGES AND UPGRADES . Globalgig reserves the right to modify its network, service requirements, or equipment compatibility standards at any time. Customer is responsible for upgrading or replacing the Customer Equipment to ensure it meets all compatibility or security requirements. 7. SIM CARD . As part of provisioning the Service, Customer will be issued a SIM card or SIM cards. Customer must safeguard the installed SIM. The SIM card must not be moved from the original setup address without Globalgig’s permission. Changing the device’s physical location or removing, switching, or reconfiguring the SIM card provided by Globalgig may cause the Service not to function properly and will incur higher usage charges. Globalgig shall not be liable for any usage charges, Claim, loss of Service, or damages resulting from Customer moving the device to a different physical location, or removing, switching, or reconfiguring the SIM card provided by Globalgig. If Customer’s wireless device is used after the loss or theft but before notifying Globalgig of the loss, Customer remains responsible for the charges. 8. ORCHESTRA ™ AUTOBAR FEATURE . Globalgig’s SIM management platform, Orchestra™ , provides mitigation from uncontrolled, unanticipated wireless expenses through a feature that automatically suspends activity on a wireless SIM when specific criteria are met (“ Autobar ”). Orchestra ™ will automatically Autobar all SIMs on a rate plan when, cumulatively, the SIMs have incurred overage or out-of-bundle charges of $1,500 or more in a billing month. Overage charges are incurred when the cumulative usage on a rate plan, by all SIMs on the rate plan, exceeds the monthly data allowance for that rate plan. Out-of-bundle charges are incurred when a SIM is used in a country not included in their rate plan. Once the Autobar feature suspends a SIM(s), the SIM(s) will not be able to access the wireless network until the Autobar has been removed. Customer may choose to change or waive Autobar suspension by executing the Autobar Waiver form.
2 CONFIDENTIAL Sensitivity: Private 9. SERVICE AVAILABILITY; CHANGE NOTICE . Wireless devices use radio transmissions to operate. Customer acknowledges and agrees that the Service may experience degradation, limitation, and/or restriction during normal or failover use due to reasons outside of Globalgig’s reasonable control, inc luding, but not limited to, a device not in range of a transmission signal, decreased network speed and capacity, non-performance of a Customer device, terrain, a building’s construction material, foliage, weather, and other force majeure events. Furthermore, the availability, operability, speed and/or quality of Services, including, but not limited to, use in conjunction with 5G-capable equipment, devices, and/or wireless network, are not guaranteed. Customer understands that the frequency assignment of 5G service is made solely and exclusively by the underlying wireless network carrier, over which Globalgig possesses no control. Reduced signal strength and signal quality on a device may occur, and 5G-capable devices may automatically revert to 4G/LTE when assignment of 5G service is not made by the applicable underlying wireless network carrier. Customer agrees that Globalgig shall not be liable for any claim, loss, or damage resulting from the use or inability to use the Service hereunder. Subject to the terms of this Addendum, Service may be used as a failover or primary data network connection at Customer’s discretion. Globalgig may, on ce per annum during the Term and with sixty (60) days’ written notice, increase prices, charges, and expenses if such increase is due to currency exchange fluctuations, changes or impositions of taxes or other similar levies, or other circumstance outside the reasonable control of Globalgig (including changes in manufacturing, material, labor, or shipment costs). 10. CUSTOMER RESPONSIBILITIES . Customer acknowledges that some Services are metered services and the cost for the Service is based on usage and the location of the SIM card and/or SIM cards being used. Customer is solely responsible for the usage cost of the Service. Customer further acknowledges that replacement of unmetered service with metered service may result in a higher bill than would normally occur on an unmetered service. It is the Customer’s responsibility, not Globalgig’s, to determine the usage parameters for the Service and to monitor the amount of usage. 11. UNLIMITED USE . Certain Globalgig Services are offered as inclusive of data usage. These Services may be described as “Unlimited” or “inclusive of data usage”. Customer acknowledges that data services provided with these Services are limited to use with the intended Service and may not be used for any other purpose. 12. OUT-OF-BUNDLE RATES . Customer acknowledges that Services are sold for use on specific networks and in specific countries. Any use of the Service outside of the networks and countries explicitly included within Customer’s contracted Service will be charged at the posted out-of-bundle rate for that country. The current out-of-bundle rates can be provided upon request. 13. RIGHTS TO LIMIT, SUSPEND, OR TERMINATE . Globalgig may limit, suspend or terminate Service for any good cause, including, but not limited to: (1) if Customer: (a) breaches this Addendum; (b) resells Service as a stand-alone service and/or product without Globalgig’s written consent; (c) uses Service for any illegal purpose, including use that violates trade and economic sanctions and prohibitions promulgated by any governmental agency; or (d) installs, deploys, or uses any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit, or regenerate an RF signal without Globalgig permission; or (2) if Customer and/or any end-user of Customer device or Service: (a) engages in abusive messaging or calling; (b) modifies Customer device from its manufacturer's specifications; or (c) uses Service in a way that negatively affects Globalgig and/or underlying mobile network and/or other customers. Globalgig can also temporarily limit Service for any operational or governmental reason. 14. SECURITY . GLOBALGIG DOES NOT GUARANTEE SECURITY. Data encryption is available with some, but not all, Services. If Customer uses any Customer-provided device to access company email or other information, then Customer shall ensure such use complies with Customer’s internal IT and security procedures. 15. ACCEPTANCE OF THIS ADDENDUM . USE OF A SERVICE CONSTITUTES ACCEPTANCE OF THIS ADDENDUM BY CUSTOMER. BY ACCEPTING THIS ADDENDUM, CUSTOMER ACKNOWLEDGES AND AGREES TO RECEIVE AND PAY FOR THE SERVICES PROVIDED BY GLOBALGIG, INCLUDING ANY SUBSEQUENT SERVICE ORDERS, UNDER THIS ADDENDUM AND IN ACCORDANCE WITH THE AGREEMENT. THIS ADDENDUM IS MADE PART OF AND INCORPORATED IN THE AGREEMENT AND CONSTITUTES THE ENTIRE UNDERSTANDING BETWEEN GLOBALGIG AND CUSTOMER WITH RESPECT TO THE SUBJECT MATTER HEREIN. ALL SERVICES RELATED TO THE SUBJECT MATTER OF THIS ADDENDUM AND ACTIVE AS OF THE EFFECTIVE DATE SHALL BE GOVERNED EXCLUSIVELY BY THIS ADDENDUM AND THE AGREEMENT. [END OF DOCUMENT]