Cellular End User Terms of Service
End User has no contractual relationship with Underlying Carrier and End User is not a third-party beneficiary of any agreement between KORE or a Reseller Agent and Underlying Carrier. End User understands and agrees that Underlying Carrier or KORE and Reseller Agents shall have no legal, equitable or other liability of any kind to the End User.
Subject to FCC Number portability rules, End User has no property or other rights in any Number assigned to it and End User understands that any such Number can be changed from time to time.
End User acknowledges that the Service may be temporarily refused, interrupted, curtailed or limited because of atmospheric, terrain, or other natural or artificial conditions and may be temporarily interrupted or curtailed due to usage concentrations, modifications, upgrades, relocation and repairs of transmission Network. End User agrees that Underlying Carrier or KORE or Reseller Agent shall not be responsible for such interruptions of the Service or the inability to use the Service within or outside the Territory. End User understands that such wireless service carrier cannot guarantee the security of wireless transmissions and will not be liable for any lack of security relating to the use of the Service.
End User expressly understands and agrees that the liability and obligations of KORE or a Reseller Agent to End User under the End User agreement for Services may be strictly controlled and limited by Underlying Carrier’s tariff, if any, and the laws, rules and regulations of the Federal Communications Commission and other United States or foreign governmental authorities which from time to time have jurisdiction. In any event, regardless of the form of action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, End User’s exclusive remedy and the total liability of Underlying Carrier, KORE, a Reseller Agent and/or any supplier of services to KORE arising in any way in connection with the End User agreement, for any cause whatsoever, including but not limited to any failure or disruption of service provided, shall be limited to payment by KORE of damages in an amount equal to the amount charged to End User for the Service provided under this End User agreement. In no event shall KORE, the Reseller Agent and/or Underlying Carrier be liable for any cost, delay, failure or disruption of the Service, lost profits, or incidental, special, punitive or consequential damages.
In no event shall KORE, the Reseller Agent and/or Underlying Carrier be liable for the failure or incompatibility of Equipment utilized by End User in connection with the Service. End User shall use Equipment at its own risk.
End User shall indemnify, defend and hold KORE, the Reseller Agent, Underlying Carrier and the officers, employees and agents of each of them harmless from and against all claims, causes of action, losses, expenses, liability or damages (including reasonable attorneys’ fees and costs), and including without limitation for any personal injury or death, arising in any way directly or indirectly in connection with the End User agreement; the provision or use of the Service; or the use, failure to use or inability to use the Number. This provision shall survive the termination of the End User agreement.
End User acknowledges that the End User agreement is assignable by KORE or the Reseller Agent.
Service may be temporarily suspended or permanently terminated without notice in the event that KORE’s agreement with Underlying Carrier is terminated or in the event the End User violates the Acceptable Use Policy or other Network rules and policies. End User waives any and all claims against the underlying wireless service carrier, including any roaming carrier, for such suspension or termination.