EQO Mobile Terms of Service

IMPORTANT: CAREFULLY READ THESE TERMS OF SERVICE BEFORE USING ANY SERVICE.

These Terms of Service create a binding legal agreement between you and EQO Communications Inc. and its suppliers and its licensors (collectively "we", "our" or "us").

By using the Web Site, the EQO Mobile Service (the "Service"), using our software or other products, you signify your irrevocable acceptance of these Terms of Service. You also agree to ensure that anyone who uses the Web Site, the Service, our software or other products on your computer or mobile wireless device abides by the Terms of Service. We have the right to revise the Terms of Service at any time without providing notice to our users. Your continued use of the Web Site, the Service, our software or other products shall be deemed irrevocable acceptance of those revisions.

The Service provided to you under these Terms of Service is only for your personal and non-commercial use.

Description of Service

We will provide you a test version of a service that, with the use of our software, enables you to make and receive phone calls using your existing mobile service provider network and our network, send messages via the EQO network, and chat with contacts using your existing Instant Messaging services.

The Service is free to download, and you will be provided with EQO Credits to make calls or send messages to "non-online" EQO users. While using the Service you will use minutes from your existing mobile voice plan (local minutes), and data charges from your existing wireless data plan.

Your wireless mobile service provider, Internet service provider, telephony provider or other third parties may charge you for use of any of their services as it relates to the Service. We have no affiliation with, or responsibility for, any of those third parties. You will need to have entered into separate agreements with them for their services and products. You alone are responsible for all charges or fees charged by such third parties for your use of their services.

We are not responsible to provide or maintain any hardware required to connect to the Service.

Right to Terminate or Modify Terms of Service and the Service

These Terms of Service shall terminate at any time that we decide, in our sole discretion. We will advise you of the termination. This does not limit any of our other rights to terminate under the Terms of Service.

At any time, we may modify these Terms of Service upon notice to you by electronic mail, text message or by publishing the changes on our Web site.

You may terminate your use of the by simply ceasing to use the Service if we modify these Terms of Service.

Your continued use of the Service after notice of any change to the Terms of Service will mean that you agree to the amended Terms of Service.

At any time and without cost, charge or liability, we may terminate your use or right to use the Service for any reason, including, but not limited to, a failure to comply with these Terms of Service or a failure to comply with any terms or conditions of any other agreement between you and us.

At any time and without cost, charge or liability, we may modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you.

Registration & Personal Information

For our providing you the Service, you must provide and maintain true, accurate, current and complete information about you as prompted by the Service registration process (an "Account").

You must have an Account to use the Service.

Personal information you provide to us is governed by our Privacy Guidelines and applicable laws related to personal information. Your use of the Service indicates your acceptance of the terms of the Privacy Guidelines.

You are responsible for maintaining the confidentiality of your Account information and are responsible for all activities that occur in your Account. You will notify us immediately of any unauthorized use at info@eqo.com.

EQO Mobile Service Use

You agree that we may establish practices and procedures for any use of the Service. We may, for example, set a maximum number of times and the duration that you can access your Account or the Service in a given time period. We may modify these practices and procedures at any time, in our sole discretion, with or without notice.

All information received, sent, saved, collected or distributed through the Service, however transmitted, (the "Content") is the sole responsibility of the person from which such Content originated. This means that you, other EQO Mobile Service users, and the people who you contact or contact you, and not us, are entirely responsible for all Content that is received, sent, save, collect, distribute or otherwise make available via the Service.

We do not warrant that the functions contained in the Service provided by the Web Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, each user will select a User Name ("User Name") and a password ("Password"). You shall provide us with accurate, complete, and updated account information. Failure to do so shall constitute a breach of this Terms of Service, which may result in immediate termination of your account. You may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a User Name that we, in our sole discretion, deem inappropriate or offensive.

You shall notify us of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Password. You shall be responsible for maintaining the confidentiality of your Password.

Any fraudulent, abusive, or otherwise illegal activity is grounds for termination of your account and the Service, at our sole discretion, and you may be reported to appropriate law-enforcement agencies.

We may provide links to other sites that we feel are relevant and interesting to our users ("Link Sites"). We are not responsible for the content on the Link Sites and are not responsible for the accuracy of the information and intellectual property notices therein. Some of these Link Sites may provide you with opportunities to purchase products ("Products"). We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products.

We do not monitor or control the Content. For clarity, Content does not include technical information regarding usage, data traffic, call logs or other similar information that we may monitor.

We do not guarantee the use, accuracy, integrity or quality of any Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.

You will not use the Service to send, save, collect, distribute or transmit any Content that:

is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

may harm minors in any way;

may manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or the source of any Content;

you do not have a right to make available under any law or under contractual or fiduciary relationships;

is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation;

download, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or telephone handset equipment (mobile or otherwise);

interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of our networks connected to the Service; or

may violate or infringe any right of any third party.

Fees and Payments

We reserve the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges and we give you reasonable advance notice to cancel the Service.

If you elect not to pay any fees charged by us, we will have the right to cease providing the Service to you.

Communications

We reserve the right to contact you by email, phone, text message or regular mail for the purpose of informing you of changes or additions to the Terms of Service, the Service or other services offered by us. Our collection, use and disclosure of your personal information are governed by our Privacy Policy.

Title

All rights, title, interest, ownership, and intellectual property rights in and to all content on any of our websites, and the Service are, and will remain, ours. The software provided by us to use the Service is governed by the EQO Mobile End User License Agreement. The Service is protected by the laws of Canada and other countries, and by international treaties. We make no claim to the right, title or interest in and to the Content provided by you or accessed through the Service.

You acknowledge that any ideas, suggestions, concepts, processes or techniques which you provide to us related to the Service, our company or its business ("Feedback") shall become our property without any compensation or other consideration payable to you by us, and you do so of your own free will and volition. We may or may not, in our sole discretion, use or incorporate the Feedback in whatever form or derivative we may decide into the Service (or future versions or derivatives), our business or other products. You hereby assign all rights to us in any Feedback and, as applicable, waive any moral rights.

We own any test results, data information and other output generated by your use of the Service during the term of these Terms of Service.

Trademark

"EQO" and the EQO logo (the "EQO Marks") are trademarks of EQO Communications Inc. All rights in them are reserved to EQO Communications Inc.

Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK.

WE EXPRESSLY DISCLAIM, AND YOU HEREBY WAIVE, ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERUPTED, TIMELY, SECURE, VIRUS FREE OR ERROR FREE, OR THAT ANY ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED.

ANY CONTENT SENT, TRANSMITTED OR OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM, MOBILE TELEPHONE, MOBILE WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM US, OUR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT ARE WE BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER OR FOR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF THESE TERMS OF USE OF THE SERVICE, THE USE OR INABILITY TO USE THE SERVICE, THE MODIFICATION, SUSPENSION OR DISCONTINUATION OF THE SERVICE, YOUR ACCOUNT INFORMATION, ANY CONTENT SENT, RECEIVED, STORED OR DISTRIBUTED VIA THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US RELATED TO THE SERVICE SHALL BE CANCELLATION OF THE SERVICE. IF A COURT AWARDS ANY DAMAGES DESPITE THE FOREGOING LIMITATIONS OF LIABILITY IN THIS TERMS OF SERVICE, SUCH DAMAGES FOR ANY AND ALL CLAIMS UNDER THIS TERMS OF SERVICE SHALL NOT IN THEIR AGGREGATE, IN ANY CIRCUMSTANCE, EXCEED THE AMOUNT YOU PAID FOR THE SERVICE.

THE LIMITATIONS OF LIABILITY IN THIS SECTION 5 SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM, OR A FUNDAMENTAL BREACH.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS AND AFFILIATES, FROM AND AGAINST ANY CLAIMS, LOSSES, DAMAGES, FINES AND EXPENSES (INCLUDING ATTORNEY’S FEES AND COSTS) ARISING OUT OF OR RELATING TO ANY CLAIMS THAT YOU HAVE USED THE SERVICE IN VIOLATION OF ANOTHER PARTY’S RIGHTS, IN VIOLATION OF ANY LAW, IN VIOLATIONS OF ANY TERMS OF THESE TERMS OF SERVICE, OR ANY OTHER CLAIM RELATED TO YOUR USE OF THE SERVICE.

Termination

We may terminate your Member Account and access to the Service for any reason or for no reason, including but not limited to, your failure to comply with the Terms of Service or our Privacy Policy, a request by you to terminate your Account, discontinuance or material modification to the Service, unexpected technical issues or problems, extended periods of inactivity, requests by law enforcement or other government agencies, or your failure to comply with any term of any agreement between you and us. Upon termination, we will eliminate access to the Service, delete your account information, and information stored within your Service Account, as permitted or required by law.

Member Age Restriction

The Service is not intended for, and may not be used by, persons under the age of consent. By agreeing to the Terms of Service, you hereby represent to us that you are at least of the age of consent, in your jurisdiction.

Miscellaneous

The Service is personal to you, and may not be assigned in part or in whole.

These Terms of Service have been made in and shall be construed and enforced in accordance with the laws of the jurisdiction of the Province of British Columbia, Canada, and you irrevocably consent to submit to the jurisdiction of the courts of the Province of British Columbia for any claim, proceeding or action under the Terms of Service.

The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

You agree that these Terms of Service are specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages.

These Terms of Service shall constitute the complete and exclusive agreement between you and us, and govern your use of the Service.

This Terms of Service is the entire agreement between us related to the License. This Terms of Service replaces and supersedes any other agreement, representation or discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or not the parties act under an unsigned "electronic" agreement or rely on such an unsigned agreement.

If any provision of this Terms of Service is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from the Terms of Service and the other provisions shall remain in full force and effect.

We may assign this Terms of Service to any third party in our sole discretion.

This Terms of Service binds you, your heirs, legal representatives, executors and permitted assigns.

The sections of "Title", "Disclaimer of Warranties", Limitation of Liability", "Indemnity" and "Miscellaneous" will survive any actual or purported termination or expiry of these Terms of Service and continue in full force and effect.

You represent and warrant that you are authorized and permitted under all laws applicable to you: to the use the Service, to enter into these Terms of Service and comply with its terms, to meet your obligations hereunder and comply with all laws, regulations or policies that apply to the Service, including, without limitation, any and all import and export control regulations and laws.

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If you have any questions or concerns regarding this agreement, please contact us at info@eqo.com