This Agreement represents the entire terms of agreement between Members and MobilityPass.com products and Services. By using the products and Services of MobilityPass.com, Members expressly agrees to be bound by the terms and conditions contained within this Agreement (and associated pricing and terms and conditions in the Members Area of our web site) and future amendments and additions to these as may be published from time to time. MobilityPass.com are provided under a trading license of OSH3 Technologies.

Member understands and acknowledges that they are entering into an agreement with MobilityPass.com.

"mobilityPass" provide a number of internet and communication services (including but not limited to SIM card and eSIM, 3G, 4G cellular data, GSM mobile phone, WiFi, VoIP, SMS, Geolocation, VPN, Encryption and internet office suite) together referred to herein as “Service” or “Services”, on a prepayment basis. "mobilityPass" provides Services subject to the terms and conditions as set out in this Agreement.

The Services are provided by "mobilityPass" to authorized persons or organizations only (referred to in this document as "Member"). Member is responsible for all use and payment of the Services whether by Member or any third party (whether authorized or unauthorized by Member). To be eligible to become a Member, Member must be at least 18 years of age (if a natural person) or authorized to enter into binding legal agreements (if on behalf of a legal entity.)

At any time upon request the customer must provide copy of it's ID documentation (passport, ID card,driving license or social security) and proof of address. In case of none compliance the account will be suspended without notice.

Member agrees to use the Service only for lawful purposes. Member warrants that Service shall not be used for transmitting or receiving any communication or material of any kind where such transmission, receipt or possession of such communication or material:

• A. would constitute a criminal offense giving rise to a civil liability, or otherwise violate any applicable local, state, national or international law or;

• B. encourage conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or;

• C. contravenes "mobilityPass"’s terms and conditions for prohibited use.

• "mobilityPass" reserves the right to terminate Member’s service immediately and without advance notice if "mobilityPass", in its sole discretion, believes that Member has violated the above conditions. In the event of such termination by "mobilityPass", Member shall be responsible for all relevant charges, including but not limited to unbilled charges, plus a disconnection fee which shall be deductable from Member’s account. 

• If "mobilityPass", at its sole discretion believes Member has violated the above conditions, "mobilityPass" may forward such information as "mobilityPass" deems necessary, including but not limited to Member personal information, to the appropriate authorities for investigation and possible prosecution. 

• Member shall not use the "mobilityPass" Service in a manner which violates any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol. Member shall not attempt to interfere in any way with "mobilityPass" networks or network security, or attempt to use the "mobilityPass" Service to gain unauthorized access to any other computer system.

• In the event Member utilises Service from a restricted country, Member does so at own risk, including the risk that such activity violates local laws in the country where Member does so. Member shall indemnify "mobilityPass" against any such use.

1. Member shall not use the "mobilityPass" Service for spam email. Spam includes, but is not limited to:

• A. bulk sending of unsolicited messages, or the sending of unsolicited e-mails 
• B. sending of junk mail,

• C. use of distribution lists that include people who have not given specific permission to be included in such distribution process,
• D. posting commercial ads to USENET newsgroups that do not permit it,
• E. posting articles containing binary encoded data to anon-binary newsgroups,
• F. excessive and repeated posting off-topic messages to newsgroups,
• G. excessive and repeated cross-posting,
• H. e-mail harassment of another Internet user or users, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive, and
• I. the e-mailing of age-inappropriate communications or content to anyone under the age of 18.

2. "mobilityPass" operates a spam monitoring and control system to reduce spam sent to and from Members. Member is advised that "mobilityPass" do not authorize the sending of spam. Member may only send e-mail to: single addressee’s or group consisting only of Member’s friends and family members or individuals with whom Member has an established professional relationship, or to a group for whom Member has the verified permission of each recipient to include them in a mailing list. Should Member cause e-mail that does not meet these criteria to be sent through "mobilityPass"'s servers, Member understands and agrees that such action constitutes a breach of "mobilityPass"'s conditions, which may result in Member's account being terminated, with or without notice, and/or legal action against Member for misuse of the services. 

3. Member agrees to use "mobilityPass" E-mail addresses containing the names of colleges, universities, celebrities, entertainment properties, businesses, or teams for personal use only and not for any commercial purpose.

4. Member agrees not to transfer E-mail addresses for gain or otherwise. Transfer of such E-mail address will result in termination of contract with end user.

1. Member agrees to be bound by the terms and conditions of this Agreement, as well as any applicable terms, conditions, rules, regulations and policies of any network (including but not limited to third party networks), bulletin boards, newsgroups, web sites or internet service provider(s) accessed or utilized by Member during use of the Service. Breach of this condition shall be grounds for "mobilityPass" (at its sole discretion) to suspend or terminate Member’s use of Service. Member acknowledges that "mobilityPass" has the right, with or without notice, to suspend or terminate Members account upon the first or subsequent occurrence of any of the following:

• A. Using the Service in a way which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law);
• B. Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail messages ("spamming"), "bulk" being defined as sending the same or substantially similar messages to more than 25 email users in a single day. Such ground for suspension or termination being separate from and in addition to fees which will result from such activity;
• C. Using the Service in an attempt to break security, or so as to actually break security of any computer or computer network (including the Service itself), or to access an account, message, or file which does not belong to Member;
• D. Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or postings, or using any other method to disguise the sender’s identity or location;
• E. Excessively using the Service in such a way as to limit the bandwidth available to others, or the use of ping, e-mail check, excessive IRC logging, or any automated program with the sole intent of creating a continuous connection;
• F. Posting commercial messages to a Usenet group where the posting is not approved by the specific Usenet group in its charter;
• G. Using the Service to operate server programs, including, but not limited to mail servers, IRC servers, game servers, ftp servers, web servers, or streaming audio/video servers.
• H. Using the Service to promote or solicit competing Internet services;
• I. Using the Service for unauthorized relays through any third party systems without the express permission of the operator of such system;
• J. Attempting, in any way, to interfere with or deny service to any user or any host on the Internet, or to monitor data or traffic on any network or system without the express authorization of the owner of the system or network;
• K. Using the Service for mail-bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional;
• L. Using the Service to add or attempt to add addresses to any mailing list (Member’s or a third party’s) without the explicit positive consent of the addressee(s);
• M. Using the Service to forward or post "chain letters" (multiple forwarding) of any type, or to post the same or similar messages to one or more Usenet or other news groups, forums, or email mailing lists in an excessive manner ("excessive" being defined as posting the same or substantially similar messages to ten or more groups in a single day);
• N. Attempting to cancel, supersede, or otherwise interfere with e-mail or postings other than Member ‘s own;
• O. Engaging in harassment, whether through language, frequency, or size of messages;
• P. Using the Service to engage in attacks on computer systems, including overburdening (or attempting to overburden) a recipient computer system by sending a high volume of spurious data which effectively impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks, or by means of viruses or software designed to create a virus or to do harm to any person or network;
• Q. Doing in any of the foregoing by using the services of another provider, but channeling such activities through the Service; or, furnishing false data on Member sign-up form, contract, or online application, (including providing fraudulent credit card or other payment information) or failing to provide the full name and a physical address for all persons using the Service through Member account upon request by "mobilityPass".
• 2 No credit will be given for a period of suspension. In the event of termination of Member’s use of the Service under this section, "mobilityPass" may at its sole discretion retain any or all amounts Member have paid for use of the Service as liquidated damages.
• 3 "mobilityPass" may investigate suspected violations of these terms and conditions. During the investigation, "mobilityPass" may suspend or terminate Members account. If, as a result of any such investigation, "mobilityPass" believes that any criminal activity has occurred, "mobilityPass" reserves the right to refer the matter to, and to cooperate with, appropriate law enforcement authorities.
• 4 Member agrees to waive any claims against "mobilityPass", and to hold "mobilityPass" harmless and indemnify "mobilityPass" with respect to any claims related to any action which "mobilityPass" takes as part of such an investigation or as a result of its determination that a violation of these terms and policies has occurred.
• 5 Member shall at all times provide "mobilityPass" with accurate information. Member shall immediately notify "mobilityPass" of any security breach in or unauthorized use of Service. Member shall not interfere in any way with another Member's use of, or "mobilityPass"'s provision of the Service. Member shall not resell, rent, lease, grant a security interest in, or make commercial use of the "mobilityPass" Services without the express written consent of "mobilityPass".

"mobilityPass" assumes no responsibility for the deletion, failure, degradation, storage, or timely delivery of messages, or data. Without limiting the foregoing sentence, "mobilityPass" may, from time to time and without notice, set limit(s) on the number of messages a member may send, store, or receive through the Service, and "mobilityPass" retains the right to delete any E-mails above or below such limit(s) as well as to deactivate any account which is over such limit(s) without any liability whatsoever, and Member hereby releases "mobilityPass" from any such liability. Any notice provided by "mobilityPass" to Members in connection with such limit(s) shall not create any obligation to provide future notification regarding any change(s) to such limit(s).

1. The Service and any firmware or software used to provide the Service or provided to Member in conjunction with providing the Service, or embedded in any device, and all Services, information, documents and materials on "mobilityPass" website(s) are the property of "mobilityPass" and protected by trademark, copyright or other intellectual property laws and international treaty provisions. 

2. All web sites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of "mobilityPass" are and shall remain the exclusive property of "mobilityPass" and nothing in this Agreement shall grant Member the right to license to use such marks. Member acknowledges that no license is given by "mobilityPass" to use the firmware or software used to provide the Service or provided to Member in conjunction with providing the Service, or embedded in any device, other than a nontransferable, revocable license to use such firmware or software (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement.

3. Any device(s) provided to Member are exclusively for use in connection with the Service. If Member decides to use the Service through an interface device not provided by "mobilityPass", which "mobilityPass" reserves the right to prohibit in particular cases or generally, Member warrants and represents that Member possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and Member will indemnify and hold harmless "mobilityPass" against any and all liability arising out of Member use of such interface device with the Service.

4. All intellectual property such as Trademark, logos, slogans, trade dress, code and software design and graphic symbols on packaging, products, electronic communication or services are the properties of its respective owner, the use requires express written permission from the owner. Use of confusingly similar or disparaging terms is a violation of our intellectual property rights. ©2000 - 2020, MobilityPass, All Rights Reserved - All other trademarks mentioned in this document, website or document are the property of their respective owners.

1. Account funds are available for use for a period of one years from the date of the last recharge into Member’s account. At the end of this one year period, if there are still funds remaining, and no recharge have been made the funds will expire.

2. Where Member elects to place their account into “sleep mode” this does not affect the expiry period of credit. In sleep mode at the end of the one year period if there are still funds remaining, the funds will expire.

1. You can reactivate your account at any time by adding funds to your account balance a  one time charge fee of 12.50 Euros will apply to restore your account from hold to current, the reactivation period will be between 24 to 48 hours.

Classic Membership is available for a period of one years from the date of activation. At the end of this one year period it will be renew automatically for a period of one year unless the Member inform us with one month notice to cancel it.

Premium Membership: No refund of Premium Membership will be made if cancelation period occur before its termination

1. Member shall notify "mobilityPass" immediately (or in any event within 48 hours), in writing by submitting  a ticket from Members secure “Members Area”, if the Service is used by an unauthorized person or fraudulently used. Included in any such notification Member must provide account number and a detailed description of the circumstances of the unauthorized or fraudulent use of Service. 

2. Failure to notify in accordance with clause 10.1 above may result in the termination of Member Service and additional charges to Member. Member is at all times liable for all use of the Service, including use by unauthorized third parties. 

1. Auto-Maintain is not available for Classic Members and is deactivated by default. From the “Members Area” on the "mobilityPass" web site, Member can elect what limit to set the auto-maintain at (i.e. €50 or €100 etc). Once the account balance reaches 50% of the auto-maintain limit, as set by Member, the account shall automatically be topped up by the auto-maintain balance. As example, if Member selected €50 as the auto-maintain limit, once the account reaches €25.00, Member’s credit card will be charged €50 and the account balance will be €75.

1. Due to the manner in which it is technically possible to provide and select the international internet access points and network providers for "mobilityPass" at this time, Member acknowledges and understands that there is a possibility of network congestion and/or reduced speed in some countries. Member acknowledges and understands that for the dial up service there may be a possibility that some telephone numbers for local service providers will produce a busy signal or will take longer to answer.

2. Member acknowledges and understands that if there is a service outage for any reason and/or inability to connect to a local access point, such outage will prevent all Service. 

1. The following provisions and options apply to personal accounts only. 

• A. Classic Membership for "mobilityPass" account is free. 
• B. Upgrade to Premium Membership application must be accepted by "mobilityPass"
• C. In order to activate the Premium Membership account, Member must add a minimum start-up balance as indicated on the "Global Roaming Members Area"
• D. The amount chosen at signup is the Member’s starting balance and also fixes Member’s maximum usage and top-up limit. Member can increase this limit, add funds/recharge to Member account at any time in the “Members Area”.
• E. "mobilityPass" month-to-month service plans: Term is month-to-month and is automatically renewed unless cancelled.
• F. "mobilityPass" yearly service plans: Term is year-to-year and is automatically renewed unless cancelled.

15.1 "mobilityPass" Refunds Terms & Conditions

15.2. "mobilityPass" offers a 15 day money back guarantee, applicable to individual user accounts. In order to be eligible for the money back guarantee:

• 15.2.1 Member  must cancel service within 15 days from the order confirmation. Accounts exceeding the 15 days are not eligible for refund.
• 15.2.2 Member must not have connected or utilised the Product or Service
• 15.2.3 Products must be returned as received within the 15 days following reception and in perfect condition in its original packaging. Shipping fee will not be refunded.
• 15.2.4 Please note that refunds shall not be made for sums under EUR 5.00.
• 15.2.5 Yearly service plans: Minimum 12 month service agreement required. Early termination fee of up to 200EUR/USD per subscription applies. Member may terminate service without paying any applicable early termination fee if within the first 15 days after plan commencement, as long as no connection to the Service has been made.

1. The following provisions apply to the termination of accounts:

• A. "mobilityPass" account cancellation must be sent from the “Member Area” through a “Support ticket” posted to our billing department.
• B. In the event of Member electing to terminate service in accordance with the provisions herein, Member is responsible for all Service charges incurred prior to termination and closure.
• C. In the event of termination of Service, no prepaid credit positive balance shall be refundable by "mobilityPass".
• D. Month-to-month flat rate service plans: Member may terminate service at any time without paying any early termination fee. Even if Member cancels the Service, Member must pay all Service and usage charges incurred prior to cancellation. Members who terminate before the end of their billing cycle will be charged for the entire month without proration. Applicable taxes, assessments, roaming and other fees and charges are additional.
• E. Yearly flat rate service plans: If Member select a rate plan with a fixed term longer than 1 month, then this Agreement will continue for the full number of months selected ("Term"). If Member cancels Service before the term ends, Member may be subject to a $200 cancellation fee per number.

17.1. Member must notify "mobilityPass" in writing within 14 days from the incidence or the order, if Member disputes any "mobilityPass" charges or usage on any statement (including electronic statement posted in the Members Area), or such dispute will be deemed waived.

17.2. Failure to notify shall result in the waiver by Member of any claim relating to any such disputed charge or usage. Charges shall be calculated solely based on invoicing and usage (CDR) records maintained by "mobilityPass" for purposes of billing. No other measurements or statistics of any kind shall be accepted or have any effect under this Agreement. In case of non-payment (i.e. negative account balance) "mobilityPass" will forward Member invoices to our debt collector and any additional charges in recovering such debts shall be added to Member invoices including any collection costs and attorney fees.

17.3. Billing disputes should be notified by using a secure ticket from the “Members Area” and sent  the Accounting Department

17.4. In case the customer threaten Global Roaming to spam the network with insulting, rude or negative comments in order to obtain resolution of his request, any claim will be immediately waived or suspended until the situation come back to a reasonable resolution process. Global Roaming reserve the right to poursuit and claim damage for such behavior as a blackmail or other irresponsable acts.

17.5. If, at the time a billing dispute is in progress to be solved in favor of the customer and we observe the existence of tendentious or fake comments from this customer on the network, the resolution will be immediately suspended until comments are corrected to reflect reals fact and solution provided.

1. Payment terms shall be implemented in accordance with the following provisions:

• A. "mobilityPass" only accepts payments by credit card, Paypal or Ukash for individual users or bank transfer for corporate accounts, after credit approval.
• B. Member must provide a valid credit card at sign up which shall be charged for Services in accordance with the terms and conditions herein. Member shall maintain a valid credit card on file with "mobilityPass" at all times. If a valid credit card is not on file "mobilityPass" shall place the account on hold, until Member provides the details of a valid credit card.
• C. Within the first 15 days of each month the invoice is issued for the past month.
• D. Member can elect at any time to modify their account balance and/or change automaintain settings from the Member’s “Members Area” on the web site. 
• E. Member agrees to pay all applicable usage under this Agreement, including any applicable taxes or charges imposed by any government or regulatory entity.
• F. Members use of the Service authorizes "mobilityPass" to charge the credit card account number on file with "mobilityPass", including any updated information passed to "mobilityPass" if the card expires or is replaced, for "mobilityPass" charges that accrue during the billing cycle. This authorization will remain valid until 30 days after "mobilityPass" receives Member written notice terminating "mobilityPass" authority to charge Member’s credit card. 
• G. "mobilityPass" may terminate Member’s Service at any time, if, in its sole discretion, any charge to Member credit card on file with "mobilityPass" is declined or reversed (charged back) or in case of any other non-payment of account charges. Termination of Service for declined card, reversed charges or non-payment leaves Member fully liable to "mobilityPass" for all charges accrued before termination and for charges incurred by "mobilityPass" owing to Member non-payment, such as (but not limited to) collection costs and attorney's fees.

"mobilityPass" take every effort to maintain rates for Services at the most competitive rates possible. In the global market these rates are however subject to change without prior notice. "mobilityPass" advise Member’s to periodically check the web site where all rates for Services are displayed. "mobilityPass" are under no obligation to provide any advance notice of changes in these rates. "mobilityPass" cannot guarantee the reliability or the accuracy of the information contained within its pages.

1. The debit of Member’s account is processed by Paypal and will appear under the name "MobilityPass" or "OSH3 Technologies" on Member Payment statements.

2. At any time Member can elect to put their account in "sleeping mode". In this mode the account cannot be used however no charges apply until Member elects to reactivate the account by email, telephone or adding funds.

1. If payment for Services provided by "mobilityPass" is returned (charged-back) for any reason, we reserve the right to pursue any and all legal remedies to collect the amount owed by Member, to suspend or terminate Member access to the service and Member’s account, and to terminate all obligations of "mobilityPass" under this Agreement.

2. Online secure payment: we accept payment from Credit Card and PAYPAL, where Member can pay with credit card or Paypal account.

3. Member will not receive hard-copy documentation under this Agreement.

4. Charges and Rates:

• A. All information published on the Website has either been made available or provided by suppliers and manufacturers or obtained from the public domain. "mobilityPass" has every intention of providing accurate and up to date information but cannot guarantee the reliability or the accuracy of the information contained within its pages.
• B. All call costs for Services are as per the rates displayed on our web site as may be changed from time to time.

5. Member acknowledges and understands that service outages due to suspension of Member account as a result of billing issues will prevent all Services.

6. "mobilityPass" retain the right to charge to Member’s account for regulatory fees or taxes that may result of  changes in laws and regulations.

1. Member shall be liable for the products upon delivery to the address as stated in the order. Products will only be delivered to the address as stated in the order. Products will not be left at the address without a signature.

2. "mobilityPass" shall not be liable for products lost in transit unless Member has notified "mobilityPass" immediately upon becoming aware (in a reasonably timely manner) that the products have not been delivered. If the products arrive in a damaged condition, Member is responsible for informing "mobilityPass" immediately upon delivery. Member shall be obliged to provide all necessary consignment notes and carrier details. Member shall notify "mobilityPass" immediately upon becoming aware of any wrongly supplied products.

3. The nature of products advertised by "mobilityPass", is such that they are regularly updated by the manufacturers. On occasion the specification of the products may vary from the information provided on the website. For the avoidance of doubt the description of the products on the website is only to provide an indication of functionality and use. Full technical specifications may be obtained from the manufacturers directly.

4. Where Member has purchased a product via our website, Member may cancel the purchase and return any product to us un-used and unopened (in original packaging) within 15 days of receipt of the goods by Member. The return of the product shall be at Member’s cost. Prior to returning any product please notify us in advance. When "mobilityPass" receive the product, we will refund to Member the cost of the product and any airtime credit that Member elected for the card at time of purchase.

5. Shipping Options: Economy Shipping: Air mail do not include Track and Trace - Standard Shipping: Air mail with Track & Trace - Express courier shipping: Track & Trace included with 100% on-time delivery guarantee.

6. Shipping delay for Economy and Standart Air Mail Shipping are estimated ETA and in no case they can be taken for granted or justify a refund or cancelation request. Only the Express Courier Shipping guarantee the delivery time up to the entrance to the customs clearance process if any.

1 Some SIM cards are only compatible with specific mobile phone handsets. The responsibility shall remain with the Member to check the compatibility of the SIM card with specific handsets. In addition the Service will work only with unlocked phones.

2 Unlocked phones is the term used to describe mobile phones that are not tied to a particular service provider in order to be used. Many cell phones are tied to a single cellular provider at their introduction, but are later unlocked for use on multiple networks. Unlocked phones can be used on the network of any compatible provider with the insertion of a compatible SIM card. Some phones that are locked can be unlocked using computers or special phone codes, though this can invalidate warranties.

1. The dual number SIM card has the advantage of free incoming phone calls in a number of specified countries. In order to maintain this facility. "mobilityPass" reserves the right to monitor usage, and to apply call charges in the case of overuse or abuse of the free incoming calls facility. 

2. Incoming call charges shown for dual number SIM are based on the caller dialing Member UK (+44) number. If the caller dials Member US (+1) number an additional charge per minute will be incurred.

1. The voice SIM card and SIM card phone number has a Validity Period of 12 months from the date of purchase. If a period of 3 months elapses without usage, the SIM card will be deactivated and the phone number lost. "mobilityPass" urge Members who wish to maintain their phone numbers to make at least one call  within each 3 month period.

2. Member can request to reactivate their SIM card at anytime as long as Member’s account balance is positive with a valid credit card registered on file. The minimum account balance for the reactivation is: 50 Euro / US$ otherwise an activation fee of 14.90 Euro / US$ will be applied for the reactivation of Member SIM card and phone number. Please be advised in the event of deactivation, for reasons sometimes outside of our control, "mobilityPass" cannot guarantee that the same phone number can be provided.

Corporate accounts have a sub-account for each mobile worker, under one billing, each sub account is managed separately, authentication, authorization and setup, all billing of the sub-account are made to the master corporate account. Billing can be customized upon request. The Corporate master account is responsible for each of is sub-account. Corporate account are subject to the same rules as a individual account unless specified otherwise.

1. Limitation of Liability

"mobilityPass" makes every effort to provide a high level of availability in the provision of its Service, however, "mobilityPass" shall not be liable for any delay or failure to provide the Service, including the ability to connect to any access point or network (or establish any form of communication), at any time or from time to time, or any suspension, interruption, low speed, or degradation of Service that is caused by any of the following:

Global Roaming SIM Card mobile services provide you access to its tier one mobile carrier partners around the world as "it is". Once authenticated with the carrier the quality of service are the one provided by the carrier at that time and location and rely on your own phone settings and activity. Either, the carrier or Global Roaming cannot be held responsable about your usage or the quality of the service provided.

• A. Act or omission of an underlying carrier, service provider, vendor or other third party;
• B. Equipment, network or facility failure;
• C. Equipment, network or facility upgrade or modification;
• D. Force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
• E. Equipment, network or facility shortage;
• F. Equipment or facility relocation;
• G. Service, equipment, network or facility failure caused by the loss of power to Member; or
• H. Any other cause that is beyond "mobilityPass"’s control, including without limitation the failure of an incoming or outgoing communications, the inability of communications to be connected or completed , including any international access points, or degradation of connection , transmission or voice quality.
• I. "mobilityPass" procures roaming network services from various network providers. "mobilityPass" specifically cannot control the reliability or quality of the networks which provide such services. Member agrees that, should the Service be used to send or receive data or voice communications, "mobilityPass" is not acting as a data or telecommunications carrier or telephone company, and further that there is no representation made by "mobilityPass" as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely at the risk of Member, and that "mobilityPass" has no liability of any sort for the failure or lack of quality of such use of the Service.

2. The liability of "mobilityPass" for damages (of whatever nature including but not limited to: contract, tort (including negligence) or strict liability) shall in no event exceed the level of positive prepaid credit funds in the Members account on the date at which time as such breach is alleged by Member.

3. In the event that certain states and jurisdictions do not allow for the exclusion of certain warranties or forms of liability, some of the exclusions set forth in this Agreement may not apply. In such event "mobilityPass"’s maximum liability for any type of damages (whether in contract, tort strict liability or other) with respect to the Service (including but not limited to any third party network provider) shall be limited to the level of positive prepaid credit funds in the Member’s account on the date at which time as such breach is alleged by Member.

4. Consequential Damages

In no event shall "mobilityPass", its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to Member in connection with this Agreement or the Service be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use the Service, including inability to be able to connect to the Service. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not "mobilityPass" was informed of the likelihood of any particular type of damages.

5. Indemnification

Member agrees to defend, indemnify, and hold harmless "mobilityPass", its officers, directors, employees, affiliates, associates, agents, partners and any other service provider who on behalf of "mobilityPass" furnishes services to Member in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Member or any third party or user of Member's Service, relating to this Agreement, the Services, including emergency calls or communications, . This paragraph shall survive termination of this Agreement.

6. No Warranties on Service

"mobilityPass" makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the products or Services for a particular purpose. The Service is provided on an “as is” and “as available” basis. "mobilityPass" does not warrant that the Service will be without Service failure, delay, interruption, error, degradation of voice quality or loss of content, data or information. Neither "mobilityPass" nor its officers, directors, employees, affiliates or agents or any other service provider or vendor who furnishes services or products to Member in connection with this Agreement or the Service will be liable for unauthorized access to "mobilityPass" or Member's transmission facilities or premises equipment or for unauthorized access to, or alteration, theft or destruction of, Member's data files, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of "mobilityPass" or its service provider's or vendors' negligence. Statements and descriptions concerning the Service or Device, if any, by "mobilityPass" or "mobilityPass"'s agents or installers are informational and are not given as a warranty of any kind.

7. The Service and any software provided to Member by "mobilityPass" are provided on an "as is, as available" basis; "mobilityPass" does not warrant that the service or any such software will be error-free and/or uninterrupted, that defects will be corrected, or that content, information, software or other material accessible through the service will be free of viruses, "worms", "trojan horses", or other harmful components. "mobilityPass" does not guarantee that Members will be able to access or use the Service at all times. "mobilityPass" may change, suspend, or discontinue any (or all) aspects of the Service at any time.

8. "mobilityPass" does not guarantee the security or back-up of any of Member data which may be stored on a remote computer by means of the Service. Member’s are solely responsible for backing up any such data.

9. No Warranties, or Limited Warranties, for products and devices

If Member has purchased a product or device  from "mobilityPass" and the device included a limited warranty at the time of purchase, Member must refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties. If Member's product or device did not include a limited warranty from "mobilityPass" at the time of purchase, Member agrees that it accepts its product / device "as is" and that Member is not entitled to a replacement or refund in the event of any defect.

10 No Third Party Beneficiaries

No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

1. Information available through access to the Service may include controversial, sexually explicit, or other material that may be offensive to Member or other users. "mobilityPass" has no responsibility for or control over such material, and Member takes sole responsibility for using any available screening software or other methods of limiting access to any material Member, or others may find objectionable.

2. Member is liable for any and all liability that may arise out of the content transmitted by or received by Member using the Service. Member shall ensure that use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. "mobilityPass" reserves the right to terminate or suspend affected Services, and/or remove Member or users' content from the Services, if "mobilityPass" determines that such use or content does not conform with the requirements set forth in this Agreement or interferes with "mobilityPass"'s ability to provide Services to Member or others or receives notice from anyone that Member or users use or content may violate any laws or regulations. "mobilityPass"'s actions or inaction under this Section shall not constitute review or approval of Member or Users' use or Content. Member will indemnify and hold "mobilityPass" against any and all liability arising from the content transmitted by Member  using the Services. 

29. Privacy

 

30. Changes to Terms and Conditions

 

31. Member Service

 

32. Company Information

 

33. Promotions

 

34. Governing Law

 

35. Assignment