General Terms and Conditions
1. Acceptance of the General Terms and Conditions
These Terms and Conditions shall prevail over any other terms, policy or rules of Uros. In case of discrepancy between language versions of these Terms and Conditions, the English version shall prevail.
3. Description and use of the Services and Goodspeed Device
Uros provides the User a cost-efficient Internet access on mobile networks in selected countries via the Goodspeed device (“Device”) using the Goodspeed Service. The Device may be bought from named operators, distributors, retailers, on-line retailers and ordered from the online store at www.uros.com. The device sales package includes a pre-selected set of destination countries (“Destinations“). Additional Destinations may be added from the Service at the users convenience. Added Destinations shall be tied together with User's activated device, meaning that the use of Destinations is possible only in such registered, activated, and unique Device. The list of available Destinations and related pricing may be viewed from the Service. The use of the Service in enabled Destinations is charged from the User according to the usage.
In order to use the Service and after having purchased the Device, the User shall register the Device and himself as “the User” by creating a user account as more accurately described in Section 4 below. The registration shall be done through the Service. The Service may be used via a laptop, a smartphone or a tablet. Public parts of the Service may be visited also without registration.
At the registration the User provides Uros with necessary credit card details which enable Uros to charge for the use of the Service as set forth in detail in Section 7 below. A monthly service fee for the use of the Service will be charged after Device activation in advance by Uros on a monthly basis.
The Service is available to any registered corporation (including any legal forms such as companies, foundations and associations) and all individuals at least 18 years old. Any use of the Service with incorrect or untruthful personal information shall be at User’s own risk. Uros may, in its sole discretion, refuse to accept the registration of any person or entity and change the criteria for the User’s competency at any time. The User is allowed to make orders (see Section 6 below) only after valid registration.
At registration and when creating the user account the User shall provide at least the following personal and other information: name, address, city, country, e-mail and a password, as well as a valid credit card number and other necessary details and information to enable Uros to invoice the use of the Service. Uros may at any time modify the list of compulsory information to be given by individuals and entities. The User is solely responsible for the information, without limitation, given at the registration or otherwise in the Service and the User hereby warrants and covenants that any information provided at the registration or otherwise as using the Service is correct, truthful and accurate. The User may and is obliged to update the personal or other given data as necessary.
A User account is for personal use only and the User shall be liable for safeguarding the user name and the password in order to prevent unauthorized use of the User account. The User shall always be liable for the information given and actions taken trough The User’s user account.
By registering into the Service the User permits Uros to collect, for the purpose of a person register maintained by Uros, any such information as is provided by the User of itself while registering into the Service or otherwise as using the Service. Further, the User permits Uros to transfer the gathered information to a third party as far as necessary for the use of the Service, including countries outside the EU or the EEA.
5. Termination of the Registration
The User may at any time terminate the registration with immediate effect. Termination of the registration shall cause all outstanding receivables to become due and justify their billing thereof. Further, Uros may at any time terminate the registration of the User in case the User is not complying with these Terms and Conditions. Such termination by Uros shall be effective immediately. In the event of termination the registration, the user account of the User will be deleted, however, Uros reserves the right to store the content in User’s account for a cooling off –period during which the registration may be reactivated by the User, excluding the situations of termination due to violation of these Terms and Conditions by the User. Failure to renew the credit card details and the charging permission shall lead to a termination of the User’s registration by Uros.
6. User’s rights
Through the Service the User may receive Internet access in a mobile network using enabled Destinations. Further the User is entitled to browse any and all content made available on the Service. The Service will be at the User’s use only for the paid period of time and only if and to the extent the User is registered. If the registration is terminated, the User may not use the already paid network access time nor will the already paid time be refunded or cancelled.
6.1. Grant of license
Uros hereby grants to the User a non-exclusive, non-transferable and limited license to use Uros’ intellectual property rights included or related to the Device, Service (“Intellectual Property Rights”) to the extent necessary for the User to be able to use the Device and the Service in accordance with these Terms and Conditions. All other use by the User of the Intellectual Property Rights is hereunder expressly excluded and prohibited. Any and all other rights not expressly granted hereunder are reserved by Uros.
User hereby expressly agrees not to, nor try to, nor let any third party, to (a) modify, adapt, alter, translate, or create derivative works from the Intellectual Property Rights; (b) divulge, distribute or dispose of to any third party the Intellectual Property Rights or any part thereof, (c) sublicense, lease, rent, loan, or otherwise transfer the Intellectual Property Rights to any third party; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code from the Intellectual Property Rights, or (e) use the SIM cards on any other device than the Device.
6.2. Missing, Stolen, or Damaged SIM cards
A registered User may have a missing, stolen, or damaged SIM card replaced against a processing charge to the extent the replacing is not a consequence of a misuse by the User. In cases of misuse, and subject to Uros not terminating the registration of the User, the User may be subject to a fee for replacing a SIM card. The missing, stolen, or damaged SIM card will be made void by Uros prior to providing replacement.
6.3. Ownership of SIM cards
Ownership of the SIM cards is not transferred to the User. The SIM cards are provided as a part of the Service and controlled by Uros and they may only be used in accepted and activated Devices, which are in working order. SIM cards may not be used in any other device than the Device and the use, or any attempt of use, in other devices shall be interpreted as misuse by the User and may lead to a termination of registration and compensation for damages.
Throughout the registration the User is required to provide Uros with accurate, truthful and complete information and to keep personal information accurate and up-to-date. The User shall be responsible for any and all actions and activities that occur on the User´s account and shall be responsible for safeguarding the confidentiality of the Service password and other information. The User shall immediately notify Uros in writing of any possible unauthorized use or of any security breach or other violation of which the User becomes aware of.
While using the Service the User shall always conduct in good manner and observe and comply with any applicable laws, regulations and third party rights.
8. Restrictions of Use
The User shall not rent, lease, distribute or otherwise transfer any of the rights received under these Terms and Conditions to a third party. Further, the User hereby agrees not to take any action or use the Service in any way as a consequence of which:
- a) the information, data or content submitted on or through the Service is misleading, untruthful, unlawful, inaccurate or false; or which
- b) infringes Uros’s or any third party’s immaterial property right of any kind or violates any law or rule of an authority; or
- c) causes or may cause software viruses or similar damage to the proper function of the Service or any software, hardware or system; or to take
- d) any other action that is not in compliance with the use of the Device and the Service as set forth in these Terms and Conditions.
The User undertakes not to alter, modify, disassemble, reverse engineer or decompile anything included in the Device or the Service, or create derivative works based on the Device or the Service.
9. Breach of these Terms and Conditions
In the event of a breach by the User of these Terms and Conditions or any other unlawful or violating act, Uros is entitled at its sole discretion to terminate the User’s registration and any right to use the Service either temporarily or permanently and to take any other measure necessary to end the violating use. The User shall be liable for any and all damages, direct or indirect, caused to Uros or any third party as a result of the User’s violating use of the Service or by breach of these Terms and Conditions.
10. Responsibility for User or third party provided data, content and information
Uros shall not take any responsibility for the content, data and/or information provided by the User or by any third party on or through the Service. Further Uros does not warrant that any such content, data or information is true, correct or serves any certain purpose. If the User discovers that any content, data and/or information is against these Terms and Conditions, otherwise violating, or against law, the User shall immediately inform Uros of any such observation.
11. Third Party Sites and Services
When using the Service, the User may visit or use third party websites or services. Any access by the User to any third party website or service shall be at the User’s sole liability and risk and the User acknowledges that Uros has no control over or liability for any third party site or service nor possible damage, direct or indirect, so caused to the User or any third party.
Some of the third party services offered through the Service may be subject to additional terms and conditions or licenses specified by Uros or by a third party. The User hereby acknowledges and agrees to apply them as and if applicable. The use of such third party services as subject to additional terms and conditions or licenses are incorporated into these Terms and Conditions by this reference.
12. Access and Changes to the Service, Notifications
Despite Uros’ actions and best efforts there may be interruptions in the Service, working order of the Device e.g. due to operators’ actions or networks, maintenance carried out or general malfunction in the network or system or force majeure such as weather conditions. Therefore Uros does not guarantee that the User will always have nor that the User is entitled to an undisturbed access to the Service or the Device work flawlessly. Further, Uros makes no warranties or guarantees of any kind and is not responsible for the continuous and undisturbed availability of the Device, and the Service, any technical systems, or for errors in data transfer.
Uros has sole discretion in changing the content and the form of the Service, including but not limited to the prices of the Service. Minor changes will not necessarily be informed to the Users, however, major changes will be informed to all Users with [thirty (30) days] prior written notice (via e-mail or SMS). In case of major changes, the User shall be entitled to terminate its registration without receiving any refunds.
The User agrees that when the User is registered to the Service Uros may send notices to the User via e-mail or SMS as the use of the Service may require.
13. Warranty and Limitation of Liability
The Service and any content of them is provided “as is” and “as available” and Uros gives no warranties that the Service will be available at any particular time or location, defect or error free, nor that the content, data, and information available on or through the Service is free of viruses and/or other possible harmful components.
Under no circumstances shall Uros be liable under these Terms and Conditions to the User or any other person for any direct, indirect, special, incidental or consequential damages of any kind for any reason.
The User agrees to hold harmless, indemnify and defend Uros from and against any third party losses, damages, fines, expenses, attorneys fees and costs (“Liabilities”) arising out of or resulting from (i) the User’s breach of these Terms and Conditions or any third party rights and/or (ii) any other Liabilities and damages resulting from the User’s acts under these Terms and Conditions, including but not limited to, any violation of Uros’s Intellectual Property Rights or any other rights.
The User shall notify Uros promptly in writing if it becomes aware of a claim or a threatened claim related to the use of the Service or the Device by a third party and Uros may, but is not obliged to, take control over the defense. In such case, the User shall provide all information and assistance necessary to Uros.
15. Intellectual Property Rights
The User acknowledges that any and all Intellectual Property Rights included in the Device, the Service shall be owned by and remain vested in Uros, the original owners and/or licensors of such Intellectual Property Rights and nothing in these Terms and Conditions shall be interpreted as to an assignment or transfer of ownership or any other right of any Intellectual Property Rights hereunder to the User.
User undertakes not to interfere with or diminish, whether by act or omission, Uros’, original owners and/or licensors' right, title and/or interest in the Intellectual Property Rights and the User hereby undertakes to indemnify Uros and keep Uros fully and effectively indemnified against all damages, costs and expenses incurred by Uros as a result of any breach by User of this Section 17.
16. Severability and validity of the Terms and Conditions
If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be reformed by Uros to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances or of the remaining provisions hereof under all circumstances.
Such terms of these Terms and Conditions, which by their nature are meant to survive the termination or expiration of the registration of the User, shall survive the expiration or termination or registration, for whatsoever reason.
These Terms and Conditions shall not diminish the rights the User may be entitled to in accordance with the imperative law of the User’s country of residence.
17. Governing Law and Arbitration
The agreement by the User and Uros set forth by these Terms and Conditions shall be governed by and construed in accordance with the laws of Finland disregarding the choice of law rules.
Any dispute arising out of or relating to these Terms and Conditions shall be settled by the district court of Oulu, Finland.