FMC GLOBALSAT INC. TERMS OF USE

1. Introduction

This Terms of Use agreement (“Agreement”) is a legal contract between FMC GlobalSat Inc. and its affiliates (collectively, “we”, “us”, “our”, “FMC”) and individuals or entities using our services (“Users”). This Agreement governs Users’ access to and use of ”our” websites, portals, mobile applications, connectivity services, and any other linked services (collectively, “Services”).

By using the Services, Users agree to be bound by the terms and conditions of this Agreement. If Users do not agree, they may not access or utilize the Services. The Services are not intended for children under 13 years old. Users must be at least 18 years old and able to form legally binding contracts to be eligible to use the Services.

We may modify this Agreement at any time, with or without notice. The “Last Updated” date indicates when the latest changes were made. By continuing to use the Services after modifications, Users agree to the updated terms. Users should review this Agreement periodically. Additionally, Users will be subject to any posted guidelines or policies when using specific services or features.

2. Use of The Services and App

2.1 The Services allow Users to, among other things, access the Internet; monitor, troubleshoot, and test network and service availability; view coverage maps and device information; learn about our products and services; and manage accounts. Certain features may be accessible through a user account, which provides information such as:

• Installed equipment and software

• Order status

• Billing information

• Technical reference library

• Online ordering tools

2.2 Users agree not to use the Services for any unlawful activities, including but not limited to:

• Harming persons or property

• Harassing others

• Violating laws, including those related to spam and computer access

• Engaging in fraud or misrepresentation

• Distributing malware or viruses

• Accessing unauthorized networks or computers

• Impersonating others or misrepresenting affiliations

• Transmitting harmful or illegal content

3. Use of Connectivity Services

3.1 Connectivity Services Use Limits and Network Management: FMC may manage network usage to ensure a great experience for all Users. This may involve prioritizing, restricting, or limiting certain applications. Network performance may vary based on device, atmospheric conditions, terrain, network capacity, and location. High bandwidth activities like VoIP, streaming, and file sharing may be limited or blocked during heavy usage.

3.2 Restrictions: Users agree not to resell or share Connectivity Services, share their IP address, or allow others to use their connection. Unauthorized sharing of services constitutes fraud or theft. Users are assigned an IP address each session, which may change. Connectivity Services are only available within the operating range of the FMC systems or roaming agreements.

3.3 Hardware Requirements: Users need a compatible device with Wi-Fi capability to use Connectivity Services. Users are responsible for any associated fees and for ensuring their device is compatible.

3.4 Fees: Use of Connectivity Services is subject to applicable fees as agreed upon by the vessel’s owners and FMC.

4. Accounts

Vessel owners and operators need to register for an account to access certain features. Account holders are responsible for their username, password, and security-related information. FMC may suspend or terminate accounts if registration information is found to be untrue, inaccurate, or incomplete.

5. Third Party Services

The Services may provide access to third-party services, websites, applications, and content. Users interact with third-party services at their own risk, and FMC is not responsible for any third-party content, goods, or services.

6. Privacy and Security

6.1 Privacy: Use of the Services is governed by our Privacy Policy, which is incorporated into this Agreement. Users agree to the terms of our Privacy Policy by using the Services. We may use information provided by Users as described in the Privacy Policy.

6.2 Security: While we take steps to protect information, we cannot ensure or warrant the security of any information transmitted to us. Users use the Services and provide information at their own risk.

7. Term and Termination

This Agreement commences upon first access to the Sites or use of the Services and remains effective until Users discontinue use. FMC may suspend or terminate access to the Services for breach of this Agreement, harmful usage, or at our discretion. We are not liable for any modification, suspension, or termination of the Services.

8. Fees

FMC may provide new plans, change or discontinue service plans, prices, terms from time to time. We will provide you with notice at least one month prior before materially adverse changes come into effect.

9. Disclaimers; Limitation of Liability

The Services are provided “as-is” and “as available.” FMC disclaim all warranties, including implied warranties of merchantability and fitness for a particular purpose. We are not liable for any damages arising from the use of or inability to use the Services. Our liability is limited to $50 or the amount paid in the last 12 months, whichever is greater.

10. Proprietary Rights

All intellectual property rights in the Services and content are owned by FMC or their licensors. Users do not obtain ownership of any materials through this Agreement.

11. Indemnity

Users agree to indemnify and hold FMC harmless from any claims arising out of their use of the Services, breach of this Agreement, or violation of another’s rights.

12. General Provisions

12.1 Survival: Sections on Use of the Services, Privacy and Security, Disclaimers, Limitation of Liability, Proprietary Rights, Indemnity, and General Provisions survive termination of this Agreement.

12.2 Governing Law and Venue: This Agreement is governed by the laws of the State of Florida, with disputes resolved exclusively in Florida courts.

12.3 Assignment: We may assign our rights and obligations under this Agreement; Users may not without our consent.

12.4 Entire Agreement: This Agreement, including the Privacy Policy, constitutes the entire understanding between Users and FMC.

12.5 Waiver: Our failure to enforce any right or provision does not constitute a waiver.

12.6 Section Titles: Section titles are for convenience only and have no legal effect.

12.7 Contact Information: For comments, questions, or complaints, contact us at

email: wifiservices@fmcglobalsat.com

USA Toll Free: +1 800 383 7137

13. Product / Service Description

Wi-Fi Data packages with data allotments ranging from a few MB to multi-GB plans.

14. Currency

Euros or USD

15. Fulfillment Policies

15.1 Refund policy – To complete a refund, we require a receipt or proof of purchase. After reviewing the data usage of the account, and if you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within fifteen (15) days.

15.2 Delivery policy – Data is delivered immediately upon purchase.

15.3 Return policy – Not applicable.

15.4 Cancellation Policy – Purchased data cannot be canceled and/or returned; once the purchase is completed, the data allotted to the customer shall be used in accordance with the Terms of Use herein.

16. Legal or export restrictions applicable to your business

You shall comply with all applicable laws and regulations including but not limited to those relating to anti-corruption or anti-bribery e.g. the U.S. Foreign Corrupt Practices Act, as amended, the U.K. Bribery Act and legislation implementing the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.  You shall not give anything of value to another person in order to improperly obtain or retain business, influence a decision, or gain an advantage. Your Content is provided in accordance with and subject to the export control laws and regulations of the United States, including without limitation the Export Administration Regulations, International Traffic in Arms Regulations and applicable laws and regulations of other countries.  You shall comply with all export control laws and regulations applicable to Your use, transfer or export of the Site and Content.  You certify that You are not subject to sanctions or otherwise restricted from making or receiving U.S. exports.  FMC may suspend its performance under these Terms of Use if performance would violate sanctions or export restrictions imposed by any applicable government entity.

17. Privacy Policy

This policy applies to the Captive Portal (henceforth “the Site”) and all the services and products provided on internet by FMC and any of its affiliate (henceforth, the Company). The present document summarizes the type of personal information to be received and compiled by the Company when the services of the website are utilized. In accordance with the established General Data Protection Regulation (GDPR), all the personal data provided by the Site, will be incorporated in manual files and or computerized under the responsibility of the company, for the Administration of our clients, providers, subscribers, candidates etc. Additionally, the data will not be ceded to third parties. Thus, by registering as a user in the site, the owner of the data manifests, in explicit form, his consent for the treatment and the transfer, in its occasion, of his personal data for the purposes described. The use of cookies, log, links and other technologies is expected to store user preferences in order to improve the quality of our services, ensuring the technical functioning of the network, and develop new and better performance. If you disable or reject cookies, you may find that some functions and / or services of the site may not work properly.

The site does not exercise control over the sites displayed as search results, links or access from our directory. These other sites may place their own cookies or solicit personal information.

FMC GlobalSat Inc undertakes to comply with applicable mandatory regulation, in particular the article L.34-1 of Postal and Electronic Communications.

The company informs the Registered Users the possibility to exercise the rights of access, right to rectification, erasure and portability, and to restrict processing of your data, by writing to gdpr@fmcglobalsat.com, enclosing documentary proof of your identity. You are entitled to make a complaint to the Spanish Data Protection Agency (Agencia Española de Protección de Datos, AEPD). Said users are only authorized to use the PORTAL with prior acceptance and compliance with the conditions set out here and must leave the site otherwise.

We may edit this policy from time to time. Please check this policy regularly for any changes.

In the event that a material change occurs on the sourced network(s) provided by FMC, FMC may terminate this Agreement, either in whole or in part, upon providing Customer thirty (30) days written notice and shall offer a transition plan to either an FMC’s Affiliate or a third party provider.

18. Business address

3044 N Commerce Pkwy, Miramar, FL 33025

19. The terms of any promotions you are offering

No promotions currently being offered

20. The security of your website and customer payment information

Wistars domains are all HTTPS
Stripe payment page is HTTPS

21. Cards we accept