1. Introduction; Definitions; Acceptance of Terms

1.1 Introduction These Terms of Service (“TOS”) constitute the agreement between Roam Frii (“Roam Frii″) and the user of Roam Frii′s communications Services and any related products or Services. This agreement governs our Service, as defined below, and all Roam Frii applications and software. It also applies to all Numbers and Service plans on each Roam Frii account. Roam Frii is sometimes referred to as “the company,” “we,” “us,” or “our” and the user is sometimes referred to as “you,” “your,” or “user,” “client” or “customer”.

1.2 Definitions

  • “Terms” is defined as these TOS together with any Legal Notices applicable to the Services, all price schedules, and other supplemental documents that may supplement these TOS now or in the future.
  • “Service” is defined as Roam Frii’s products, software, services and web sites.
  • “Plan” and “Subscription” are defined as each Roam Frii Monthly Plan, Roam Frii Annual Plan, Roam Frii Top Up 4.95 subscription, Roam Frii Top Up 9.95 subscription
  • “Number” is defined as each telephone number(s) provided for your Roam Frii account.

1.3 Acceptance of Terms. You may not use the Service without first agreeing to the Terms. By using the Service you confirm your acceptance of, and agree to be bound by, the Terms. You may not use the Service if you are not of legal age to form a binding contract or are a person otherwise barred from using the Service under the jurisdiction under which you reside. Unless explicitly stated otherwise, this agreement will govern the use of any new features that augment or enhance the current Services, including but not limited to, the release of new Roam Frii software, applications, and services. In the case of any violation of this agreement, Roam Frii reserves the right to seek all remedies available by law and in equity.

  1. No Emergency Services; No 911 Service

Roam Frii does not provide access to 911 emergency services.

  • Disclaimer of 911 Liability Neither Roam Frii nor its officers or employees may be held liable for any claim,
    damage, or loss (including, without limitation, attorneys’ fees) by, or on behalf of, you or any third-party user of relating to the fact that Roam Frii does not provide access to 911 or emergency services.
  • Waiver of Claims You waive all claims or causes of action, whether in contract, warranty, tort (including negligence), or any other form of liability, arising from or relating to the fact that Roam Frii does not provide access to 911 emergency service.
  1. Money Back Guarantee – Annual Subscriptions Only

You are entitled to a refund if you cancel your account within 30 days from the Subscription Date. The Subscription Date is the date that the Service was ordered; not the first day you use the Service. Any refund will be net of any charges for international usage, directory assistance and any features or services not expressly included in your Subscription plan fee. We may not be able to refund all taxes you may have paid. Roam Frii will refund the Subscription (less any actual usage or extraneous amounts owed) if you provide notification to terminate your account within 30-days of your Subscription Date. We reserve the right to discontinue or revoke this 30-day refund guarantee at any time, with or without notice.

  1. Registration, Registration PIN, Security, Identification

4.1 Registration. When you provide Roam Frii with personal information, you agree to (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. You also agree Roam Frii may send you notifications to the email provided. If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, not current or incomplete, Roam Frii may, without notice, suspend or terminate your access to the Service and refuse to provide current or future use of our Service.

4.2 Registration PIN. Upon registering for Service, you will receive a registration PIN via SMS to a valid, active mobile phone used for registration purposes. You are responsible for maintaining the confidentiality of your PIN and account information. You are financially responsible for all activities that occur under your PIN or account identification. You shall notify Roam Frii immediately if you discover unauthorized use of your PIN or account or any other breach of security.

4.3 Security. Roam Frii reserves the right to take any action it deems necessary or reasonable to ensure the security of the Service and your account, including without limitation, terminating your account, changing your PIN, or requesting additional information to authorize transactions on your account. Notwithstanding the above, Roam Frii may rely on the authority of anyone accessing your account or using your PIN and under no circumstances will Roam Frii be held liable to you for any liabilities or damages resulting from or arising out of (1) any action or inaction of Roam Frii, (2) any compromise of the confidentiality of your account or PIN and (3) any unauthorized access to your account or use of your PIN. Maintaining the security of your personally identifying information is extremely important to us. We will take reasonable steps to ensure your personally identifying information remains confidential. However, we can not guarantee that our Service is impenetrable to all security breaches, and therefore Roam Frii makes no warranty, guarantee, or representation that our service will be completely protected from viruses, security threats or other vulnerabilities.

4.4 Identification. Roam Frii may request verification of identity from all users to confirm account information at any time and for any reason. Verification materials may include official government-issued identification, proof of credit card account, and a copy of your current cellular phone statement.

  1. Privacy

Personal information collected by Roam Frii will be treated in accordance with our Privacy Policy. Our Privacy Policy can be found at Roam Frii.com/privacy. If Roam Frii makes any changes to this policy, we will post the revised policy at that site. Roam Frii will restrict its use of personal information in accordance with the privacy policy in effect at the time the information was collected. If Roam Frii makes material changes to its privacy practices or material changes to how your information is treated, Roam Frii will notify you via e-mail. You will have a choice as to whether or not Roam Frii may use such information in a different manner. However, if your Service account has been closed, Roam Frii will not contact you, nor will your personal information be used in the new manner.

  1. Customer Support
  • Customer Support by E-Mail: Customer support is available via e-mail at support@Roam Frii.com or via the Support Forum at http://support.Roam Frii.com/home. Email messages are answered in the order in which they were received.
  • Standards of Conduct
    When using Roam Frii’s customer support, you agree to refrain from speaking or writing to our Customer Support staff in any manner that is unlawful, threatening, harassing, abusive, defamatory, slanderous, vulgar, obscene, indecent, lewd, racially or ethnically or otherwise offensive.
  1. Acceptable Use

You agree to use Roam Frii’s Service in a manner consistent with all applicable laws and regulations. You may not resell the Service in whole or in part to others. Additionally, you will not take any of the following actions with respect to our Service, related software, applications, or content, nor will you use our Service or related software or application to upload, post, e-mail, distribute, transmit, link, solicit, or otherwise make available any content or use our service in any manner that:

  • is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, racially or ethnically or otherwise offensive, or abusive
  • advocates or solicits violence, criminal conduct or the violation of any local, state, national, or international law or the rights of any third party;
  • infringes on another’s patent, trademark, trade secret, copyright, or other intellectual property or other rights;
  • is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;
  • specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
  • constitutes unsolicited or unauthorized advertising, including e-mail, voicemail, or faxes (“spamming”), or otherwise sending junk or bulk e-mail, voicemail or faxes;
  • interferes with others using the services;
  • contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, programs, or applications that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server, or communications systems or equipment;
  • contains a charity request, petitions for signatures, chain letters or letters relating to a pyramid scheme;
  • disrupts, inhibits or interferes any other user from enjoying the services or affiliated applications, contents, products and/or services;
  • uses any robot, spider, or other such programmatic or automatic devise, including but not limited to automated dial-in or inquiry devices, to obtain information from the service or otherwise monitor or copy any portion of the service, products and/or services;
  • creates a false identity for the purposes of misleading others;
  • prepares, compiles, uses, downloads, or otherwise copies any user information and/or usage information or any portion thereof, or transmit, provide otherwise distribute (whether or not for free or profit) such information to any third party;
  • uses any Roam Frii domain name as a pseudonymous return e-mail address;
  • contains any offer for unsolicited goods or services or any advertising or promotional materials;
  • provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to §219 of the Immigration and Nationality Act;
  • attempts to disable, bypass, modify, defeat, or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any content or the services;
  • reproduces, duplicates, copies, sells, trades, resells, or exploits any portion of the services or content, use of the services or access to the services;
  • systematically collects and uses any content including the use of any data mining, or similar data gathering and extraction methods;
  • uses, frames, or utilizes framing techniques to enclose any portion of the services (including the images found at the services or any text or the layout/design of any page or form contained on a page);
  • modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate our service. For purposes of these terms, “reverse engineering” shall include the examination or analysis of the service to determine the source code, structure, organization, internal design, algorithms or encryption devises of our service’s underlying technology;
  • creating a false Caller ID identity (“ID spoofing”) or forged email address or header, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the services;
  • using or employing methods and/or devices that are designed or likely to take advantage of, bypass, exploit or otherwise avoid any Fair Use policy;
  • using the service for call-in lines, call centers, conference calling, trunking (to a PBX or otherwise) or other high volume or multi-person calling purposes.
  1. Unlawful Use Prohibited; Monitoring; Providing Information to Authorities and Third Parties
  • Unlawful Use Prohibited. Roam Frii Service is for lawful, proper, and appropriate purposes only. You may not use Roam Frii Service for any illegal, fraudulent, improper, or inappropriate purposes. A non-exhaustive list of examples of illegal, fraudulent, improper or inappropriate uses are listed above in Section 7 (Acceptable Use).
  • Monitoring. Roam Frii may monitor the use of Service for violations of this agreement. Roam Frii may suspend or delete your account if we suspect a violation of this agreement, or if we think it necessary in order to protect our Service, or Roam Frii, its parent, affiliates, directors, officers, agents, and employees from harm.
  • Providing Information to Authorities and Third Parties. If we believe that you have used our Service for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that Roam Frii may have about your account, including but not limited to, types of service, lengths of service, IP address (es), e-mail address(es), and all other account information as follows:
    • in response to law enforcement or other governmental agency requests;
    • as required by law, regulation, rule, subpoena, search warrant, or court order;
    • as necessary to identify, contract, or bring legal action against someone who may be misusing the Service;
    • to protect Roam Frii’s rights and property.
  1. Termination or Suspension of Account

You may terminate your Roam Frii account at any time for any reason, upon notice. You must notify Roam Frii′s Customer Support of your desire to terminate your account by submitting a Roam Frii Support Tick http://support.Roam Frii.com/terminationrequest /new or email us at support@Roam Frii.com with the last 4 digits of the credit card on file with your account. There is no refund of pre-paid Subscription plans 30 days after Subscription Order Date. In addition to the terms contained herein, Roam Frii reserves the right to terminate an account or subscription at any time, with or without notice. Additionally, Roam Frii reserves the right to suspend or cancel your Roam Frii account and Service without notice upon rejection of any credit card charges.

  1. Billing, Charges, Refunds, and Pre-Authorization

Generally You are responsible for paying all charges for your account, including but not limited to, international calls, international SMS, overuse (beyond fair use) of the Service. Your account must have a positive credit balance at all times to remain in use. Subscriptions with a $0 balance may be terminated without notice.

Recurring Billing

Services plans are offered in Subscriptions of 30 days (recurring) or 1-year pre-paid plans (also recurring). 30 day Pre-paid plans are not refundable. 1-year pre paid plans are refundable within the first 30 days (less any incurred calling charges, SMS or other charges incurred by you).  Top Up plans are one-time charges and are NOT recurring. The initial subscription begins on the date that you purchase the services (“Subscription Order Date”). All Subscription plans renew automatically for successive terms of the same length without further action by or notice to you unless you notify Roam Frii of non-renewal at least two (2) days before the end of the then current term by submitting a Roam Frii Support Ticket at http://support.Roam Frii.com/terminationrequest /new or emailing us at support@Roam Frii.com. You will be billed at the time of purchase for additional services and notified by e-mail about the addition of services. Additional services will bill at the same recurring date as the main subscription account. Number extensions will be charged immediately upon activation for the pro-rated amount for the current month. They will then be charged the full monthly price on the primary line billing date.

International Calling and SMS Charges

International calls are charged at the rates displayed on our Rates Page at /calling-rates.html. Rates vary based on country and region. Please contact Customer Support before making any calls if you are uncertain about the rate you will be charged. SMS messages to numbers outside the U.S. and Canada are charged at $.10 per outbound message.

Pre-Paid Top Up Subscription Plans are Non-Refundable

The Top Up 4.95  and Top Up 9.95 Plans are payable in advance and are non-refundable. These Plans are not recurring. When your balance runs low or to $0, you will be required to add additional credits to your account in order to enjoy uninterrupted service.

Transfer Pre Paid airtime credits

Roam Frii provides you with the possibility to transfer pre-paid airtime value to other Roam Frii subscribers who wish to make overseas calls or calls to non-Roam Frii subscribers.

Through the Roam Frii App, you will be able to purchase Top Up Plans for transfer, in such denominations and amounts as are displayed in the user interface (from time to time), for transfer to other Roam Frii subscribers. There may also be maximum thresholds for the aggregate value that you may transfer at any given point in time. All values available for Top Up are stated VAT inclusive (if applicable) and inclusive of any Roam Frii service charges.

The value that you purchase for Top Up will be debited the credit card that you have connected to your Roam Frii Account. You are responsible for all transactions performed by use of your Roam Frii Account. By completing the Top Up as set forth in the App, you authorize us to transfer the value as ordered by you, to the mobile telephone number (the “MSISDN”) that you have identified. Roam Frii will upon receipt of your order for Top Up make a reservation corresponding to the cost of the value and the transfer service to your credit card, and will upon successful completion of the Top Up, debit such cost to your credit card.

Once the Mobile Top Up has been successfully completed, which will be notified to you, the value transferred cannot be refunded or removed from the receiving Roam Frii subscriber. Please note that Roam Frii does not assume any liability should you send Top Up to the wrong Roam Frii subscriber.

Non-completed Transactions

Should a Mobile Top Up transaction not be successfully completed, Roam Frii will notify you.

Should it come to your knowledge that a Top Up initiated by you, the cost for which has been charged to your credit card, has not reached the Roam Frii subscriber identified by you, you shall notify Roam Frii within reasonable time and provide Roam Frii with underlying documentation evidencing the cost which was debited your credit card, and identifying the Roam Frii subscriber to which you transferred calling credits to. Roam Frii reserves the right to charge you any costs which Roam Frii may have for crediting value to your credit card, if Top Up has not been successfully completed and such failure has been caused by you.

No Refunds for Charges Pre-Authorized Against Your Credit or Debit Card

All Subscription Plans are recurring. Charges to your credit card or debt card immediately following the expiration of the prior pre-paid period will occur without further authorization from you. You must notify Customer Support of your desire to terminate prior to the end of the pre-paid period via e-mail at support@Roam Frii.com in order to terminate your account and cease further recurring charges.

No Refunds for Plan Changes

Roam Frii does not offer refunds for any services ordered but changed at any point within the current billing cycle. Should you decide to downgrade to a lower-cost plan, Roam Frii will not refund the difference in cost between the two Subscriptions. It is your sole responsibility to contact Roam Frii before the start of the next billing cycle to change or modify any services, subscriptions, or accounts.

No Refunds for Non-Use

Roam Frii does not offer refunds for any Services ordered but not used. It is your sole responsibility to contact Customer Support to cancel any Services, Subscriptions, or accounts via e-mail at support@Roam Frii.com.

No Refunds for Interruption of Roam Frii Service

Roam Frii does not offer any refunds for any interruption of Roam Frii Service, including international calling services.

US Domestic Calling Charges

Roam Frii Service provides unlimited free calling to other Roam Frii Numbers. Calls made under a Roam Frii Monthly or Annual Plan to United States and Canada local or toll free numbers outside the Roam Frii network are limited to 500 minutes per month. In order to prevent misuse of the Service beyond its intended and customary use (e.g., trunking or re-sale of the Service), calls in excess of 500 minutes per month will be charged at $.01 per minute in overage fees, calculated in 60-second increments.

Number Changes

You are allowed to request a change to your phone Number once per six-month period at no cost, after which time, Number change requests are subject to a $29 fee. Accounts with Number extensions will be allowed one Number change for all accounts per six-month period. Number change requests after the main account or one of its extensions has been changed in a six-month period will be subject to a $29 fee.

Overage Charges

Overage charges, international calls or forwards that incur charges or international SMS messages will be billed against the credit in your account. Charges will be made as they are incurred by your while using the Service.

Pre-Authorization Charges

All Subscription Plans are recurring. Charges to your credit card or debt card immediately following the expiration of the prior pre-paid period will occur without further authorization from you. You must notify Customer Support of your desire to terminate prior to the end of the pre-paid period via e-mail at support@Roam Frii.com in order to terminate your account and cease further recurring charges.

Billing Disputes

If you wish to dispute any Roam Frii charge on your account, you must notify us within 14 days after you receive your statement from your bank or credit card issuer. If you do not dispute the charges within 14 days, you waive any right to contest the charges. Contact us via e-mail at support@Roam Frii.com.

Fraudulent Charges

If you believe your financial information is being stolen, fraudulently used, or otherwise being used in an unauthorized or unwanted manner you must contact Roam Frii immediately via email at support@Roam Frii.com. When you notify Roam Frii of suspected fraudulent use, you will be asked to provide the credit card number in question and verification of your billing address. Until you notify us, you will be liable for all use of our Service using information stolen from you and any stolen, fraudulent, or unauthorized use of our Service.

  1. Service

Connection Requirement

Roam Frii service requires a high-speed broadband connection, a wireless Internet access point, or cellular 2G, 3G or 4G data for use, which we do not provide. Events beyond our control may affect or service, such as power outages, fluctuations in the Internet, your underlying ISP, broadband service, cellular data provider, maintenance, or acts of God. We will act in good faith to minimize disruptions to your use of and access to our Service.

No 0+ or Operator Assisted Calling; No x11 Calling. Roam Frii Service does not support 0+ or operator assisted calling, including, without limitation, collect calls, third party billing calls, 900, or calling card calls. Roam Frii service does not support 911, 311, 511, and other x11 services in any service area.

No Transfer of Service

You are the sole account holder for the Service for all purposes and are solely responsible for all charges incurred on the account, regardless of changes to the account, including billing information. You may not resell or transfer any features of your Roam Frii service without prior written approval from Roam Frii. Attempted assignments of Service or accounts through changes in account and billing information will not relieve you of liability and responsibility for use of the Service or additional features, or for charges on the account unless we actively failed to facilitate the assignment as evidenced in our records. Attempted assignments of accounts without our written consent through changes you make in your account and billing information will not relieve you of liability and responsibility in the account. You may choose to authorize others to access your account by contacting Customer Support at support@Roam Frii.com.

No Resale of Roam Frii Services

Your right to use Roam Frii’s services and extra features is personal to you. You hereby agree to not resell the use of Roam Frii’s Services.
Management Via the your mobile phone. Roam Frii will provide you with an account portal on your mobile phone where you can manage your service, view calls, receive support, and manage your basic account information. It will be your responsibility to manage all configuration requirements. Logging into the website requires a common, and current Internet browser (e.g. Mozilla Firefox, Safari, Google Chrome, or Internet Explorer) with cookies enabled. Anyone for whom you give access to your management website, through your login information, shall be authorized by you to make any and all changes to your Service, account Subscription and Number.

  1. Number Ownership

Generally Roam Frii transfers (ports) telephone numbers in accordance with applicable FFC regulations and industry standards. Specific information is required for a port request. You may be required to provide such information in order for Roam Frii to complete your port request.

Inbound Porting Policy

You must keep your previous service active in order to port your number to Roam Frii. You must check to see if your number can be ported into Roam Frii’s Service. You can do this by contacting Customer Support via e-mail at support@Roam Frii.com. A port request provides Roam Frii the authorization to determine if your telephone number can be ported into our Service. Some numbers cannot be ported and, therefore, are not be available with Roam Frii Service.

Outbound Porting Policy

You must provide notice and confirmation to Roam Frii if you wish to cancel your Service. Upon confirmation, Roam Frii will no longer bill you for your Subscription. You will be continued to be billed if you port your number but do not cancel your service with Roam Frii.
Your Roam Frii Subscription must be active in order for you to port your Number to a new provider. Roam Frii cannot guarantee that your Roam Frii Number will be available for porting after cancellation of your Subscription. You should not close your account until you receive confirmation from us that your Number has been successfully ported. Porting numbers for sale is prohibited. If you port a Number or Numbers for the purpose of resale, you will be charged a $39.00 fee for the cost of the Number, your account will be deleted, and you will be blacklisted from our Service in the future. Porting Numbers during a Trial Account period is strictly prohibited. If you attempt to port a Roam Frii Trial Account Number out of our Service during a trial period, your account will be deleted and you will be blacklisted from our Service in the future.

  1. Cellular Charges

Roam Frii’s Service includes the ability to place telephone calls via your cellular network at the user’s choice. You agree and understand that by using Roam Frii’s Service that you will be billed by your cellular provider for calls placed over a cellular connection. Roam Frii is not responsible or liable for any charges incurred or minutes used for calls place using a cellular connection. You agree not to hold Roam Frii liable for any cellular charges, fees, or taxes incurred with your cellular provider. Calls placed outside of the United States or Canada must be made over a wireless Internet connection (“wifi”) to avoid international cellular charges. All calls placed using cellular or 2G/3G/4G data connections will be billed by your cellular provider. You agree not to hold Roam Frii liable for any international cellular charges, fees, or taxes incurred with your cellular provider.

  1. Warranty Disclaimer

The Services provided hereunder are provided “as is” and Roam Frii makes no warranties, express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose and any similar warranty, whether said warranty arises under provisions of any law of the United States or any state thereof or any country. Roam Frii makes no representation or warranties that the Services are free of rightful claims of any third party for infringement of proprietary rights. The entire risk associated with the use of Services shall be borne solely by you. Roam Frii makes no warranty on up-time, mean-time between failures, quality of service, and/or quality of voice or FAX communications. Roam Frii makes no warranty that the services will meet your requirements, or that the Services will be uninterrupted, timely, secure, error free or that any defects in the Services will be corrected. Roam Frii is not responsible for messages or information lost or misdirected due to interruptions or fluctuations in the Services or the Internet in general. Roam Frii is not responsible for the content or functionality of any third party network used in connection with the Services. Roam Frii does not warrant the accuracy or reliability of the results obtained through use of the Services or data or information downloaded or otherwise obtained or acquired through the use of the Services. You understand and agree that any data or information downloaded or otherwise obtained or acquired through use of the Services are at your sole risk and discretion and Roam Frii will not be liable or responsible for any damage to you or your property. No advice or information, whether oral or written, obtained by you from Roam Frii, its employees, partners, affiliates or through or from the Services shall create any warranty not expressly stated in these terms and conditions. Although every effort is made to ensure that voicemails and fax transmissions are secure, Roam Frii makes no guarantees of security.

Some jurisdictions do not permit the disclaimer of certain implied warranties, so certain of the foregoing disclaimers may not apply to you.

  1. Limitation of Liability

Roam Frii’s total liability to you from all action and under all theories of liability will be limited to and will not exceed the amount paid to Roam Frii by you for the software. Roam Frii shall not be liable to you or any third party for incidental, indirect, or consequential damages whether arising under contract, warranty, or tort (which includes negligence or strict liability) or any other theory of liability.

Limit On Total Liability

Roam Frii’s total liability under this agreement will not exceed the service charges for the affected time period. Roam Frii will not be responsible for third party fees or charges, including but not limited to, banking fees, overdraft fees, cellular phone charges, and/or similar charges.

  1. Indemnification

You agree to indemnify and hold harmless Roam Frii, its CEO, board, officers, employees, shareholders, and agents from and against any and all liabilities, expenses (including attorney’s fees) and damages resulting from including any violation of this agreement by you or any third-party using your account; any negligent acts, omissions or misconduct by you; any breach of this TOS by you; any claim of libel, defamation, violation of rights of privacy or publicity; any loss of service by other customers; any infringement of intellectual property or other rights of any third parties; or any violation of any laws or regulations prohibiting transmission of unsolicited e-mails.

  1. Force Majeure

Roam Frii shall not be held responsible for events beyond our control that may affect or disrupt Service, such as power outages, fluctuations in the Internet, your underlying ISP, broadband service, cellular data provider, maintenance, or acts of God. We will act in good faith to minimize disruptions to your use of and access to our Service. You may be notified of any planned maintenance that will disrupt your service.

  1. Legal Considerations

No Third Party Beneficiaries

If you are not a party to this agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This agreement does not create any third party beneficiary rights.

Survival

The provisions of this agreement that by their sense and context are intended to survive the termination or expiration of this agreement shall survive.

Severability

If any part of this agreement is legally declared invalid or unenforceable, all other parts of this agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.

No Waiver of Rights

Roam Frii’s failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of the right or provision. Roam Frii reserves all of its rights at law and equity to proceed against anyone who uses its services, software, or applications illegally or improperly.

Entire Agreement

This agreement, including any future modifications to its terms, and the rates for services found on our website constitute the entire agreement between you and Roam Frii. It also supersedes all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

  1. Dispute Resolution and Arbitration

Adjudication

You agree that any disputes between you and Roam Frii shall be adjudicated in the state and federal courts of the State of New York, U.S.A. Venue for all claims and disputes between you and Roam Frii shall be New York, State of New York. You hereby consent to venue and personal jurisdiction in such courts with respect to such claims or disputes and irrevocably waive any right that such party may have to assert that such forum is not convenient or that any such court lacks jurisdiction.

Adjudication Fees and Costs

You are responsible for all costs that you incur in trial, including, but not limited to, attorneys or expert witness fees. If the trial is decided in Roam Frii’s favor, you shall pay for all reasonable attorneys’ fees and trial costs for Roam Frii. If the party elects to appeal an award, the prevailing party in the appeal shall be entitled to recover all reasonable attorneys’ fees incurred in that appeal. Notwithstanding anything to the contrary in this adjudication agreement provision, Roam Frii shall pay all fees and costs required by law.

Arbitration

Arbitrator and Arbitral Rules

Notwithstanding the adjudication requirement above, for any dispute involving $10,000 or less, the party requesting relief may choose to resolve the dispute through binding, non-appearance-based arbitration (i.e., arbitration conducted online, through written filings, and/or via teleconference). Such arbitration shall be conducted by the American Arbitration Association (“AAA”). The AAA can be contacted by telephone at (800) 778-7879, by email at websitemail@adr.org, or by mail at 1633 Broadway, 10th Floor, New York, New York 10019. The arbitration shall be governed by the AAA’s Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”), as modified by this agreement. The AAA rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879.

Arbitration Fees and Costs

You are responsible for all costs that you incur in arbitration, including, but not limited to, attorneys or expert witness fees. If the arbitration is decided in Roam Frii’s favor, you shall pay for all reasonable attorneys’ fees and trial costs for Roam Frii. If the party elects to appeal an award, the prevailing party in the appeal shall be entitled to recover all reasonable attorneys’ fees incurred in that appeal. Notwithstanding anything to the contrary in this adjudication agreement provision, Roam Frii shall pay all fees and costs required by law.

Waiver of Jury Trial

You and Roam Frii agree that, by entering into this adjudication agreement, that you and Roam Frii are waiving the right to a trial by jury for amounts less than $10,000.

Statute of Limitations

You must contact us within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute (except for billing disputes which are subject to section (10)(k) of the agreement), or you waive the right to pursue a claim based upon such event, facts, or dispute.

  1. Changes to this Agreement

We reserve the right to change the terms and conditions of this agreement at any time. By subscribing to Roam Frii’s Service, you agree that we may provide to you by use of electronic communications required notices, agreements, and other information concerning Roam Frii, including changes to this agreement. We may give you notice of a change by posting the change on the website, on your account webpage, or by other permitted communication. Such notice will be considered given and effective on the date posted. These changes will become binding on you on the date they are posted and we are not required to give you further notice in order for you to continue using Roam Frii’s service. By continuing to use the service after revisions are in effect, you accept and agree to all revisions. If you do not agree to the changes, you must terminate your service immediately. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of Roam Frii’s services. If you continue to use Roam Frii’s services, we will consider this your acceptance of any changes. We reserve the right to update these Terms of Service at any time. The most recent version of this document will always be found at/terms-of-service

Roam Frii is a proprietary App that adds a second line to your mobile phones, tablets and computers. For individuals, it’s an easy way to keep work calls and texts separate from personal ones. For travellers or those who need to call abroad, Roam Frii is really inexpensive alternative to traditional international billing rates from the big mobile providers. For everyone, Roam Frii is easy to set up, manage and use, with affordable monthly plans that won’t hold you back. No contracts to sign. No hardware to buy. No set-up or cancellation fees.

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