Terms of Service
Proposed to Members on January 18, 2019. Effective from January 18, 2019. Accepted by 5361 members.
You have Not yet accepted this agreement
These dotmobile Terms of Service (this "Agreement") are entered into by Data On Tap Inc. ("DOT") and the entity executing this Agreement ("You"). This Agreement governs Your use of the dot Mobile services (the "Service").
BY COMPLETING THE REGISTRATION PROCESS, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THIS AGREEMENT AND ARE AUTHORIZED TO ACT ON BEHALF OF, AND BIND TO THIS AGREEMENT, THE OWNER OF THIS MEMBERSHIP PROFILE.
In consideration of the foregoing, the parties agree as follows:
"Member" refers to You an individual who have reviewed the terms of this Agreement, completed the registration process and are as excited as we are about enhanced and more affordable connectivity.
"Service" refers to current and future DOT services provided under the brand of dotmobiletm, through the DOT website or “Website” (dotmobile.ca or dotmobile.app), and the dot. app for iOS and Android. Including, but not limited to Connectivity Intelligence, Network Outage Alerts, Smart Device Marketplace, Phone Protection Tools, Repairs, Personalized Accessory Store and Wireless Connectivity Services (Talk, Text, Data).
Important: DOT is seeking to become a Full MVNO (Mobile Virtual Network Operator) operating under the Canadian Telecommunications Act and CRTC guidelines. Most up to date progress on our operations and description of currently available DOT services can be found on our website at dotmobile.app
Member Profile, Password, and Security.
To register for the Service, You must complete the registration process by providing DOT with a current e-mail address (username) and password. You will protect Your passwords and take full responsibility for Your own, and third party use of Your accounts. You are solely responsible for any and all activities that occur under Your Profile. You will change your password immediately upon learning of any unauthorized use of Your Profile or any other breach of security. DOT’s support staff may, from time to time, log in to the Service under Your customer password in order to maintain or improve service, including to provide You assistance with technical or billing issues.
Members will be able to subscribe to Connectivity Services on a 30 day or 360 day term. Full (non-refundable) amount plus applicable taxes will be charged to your Registered Payment Method prior to using the Service.
If your Registered Payment Method fails and you fail to prolong your Connectivity Service we will inform you through registered email and application notifications. We will keep your Connectivity Service in this state for 30 days in order to keep your phone number, voice messages and any settings and preferences safe. However if you need to safe keep your number for longer periods of time please use one of our more basic Connectivity subscriptions.
Data On Tap.
Any Member with an active subscription to Connectivity Service will be able to buy Data On Tap. The Member Rate will be clearly indicated at the time of purchasing the data.
Any data you buy is always refundable and rolls over.
When setting Members Rate we take into account Network Partner wholesale rates and any wholesale record exchange, billing, settlement and payment processing charges. Members rate is set to contribute to network quality scans and providing free access to dot Mobile App.
Other Service Fees.
DOT may offer it’s own or Third Party services. DOT will identify pay per use services (if any) and fees not included in the Connectivity Service subscription. All services and fees will be charged to Members account real time. Member can set a maximum amount they wish to spend for the Service within a 30 days period.
Subject to the terms and conditions of this Agreement, (a) DOT grants You a limited, revocable, non-exclusive, non-sublicensable license to install, copy and use the dot Mobile App solely as necessary for You to use the Service on Your Mobile Device; and (b) You may remotely access and manage your wireless service. You will not (and You will not allow any third party to) (i) copy, modify, adapt, translate or otherwise create derivative works of the Software or the Documentation; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software, except as expressly permitted by the law in effect in the jurisdiction in which You are located; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Software, the Documentation or the Service; (iv) remove any proprietary notices or labels on the Software or placed by the Service; (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software. You will comply with all applicable laws and regulations in Your use of and access to the Service.
Information Rights and Publicity.
To the extent permitted by applicable law, You will indemnify, hold harmless and defend DOT and its wholly owned subsidiaries, at Your expense, from any and all third-party claims, actions, proceedings, and suits brought against DOT or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys' fees and other litigation expenses) incurred by DOT or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Your breach of any term or condition of this Agreement, (ii) Your use of the Service, (iii) Your violations of applicable laws, rules or regulations in connection with the Service, (iv) any representations and warranties made by You concerning any aspect of the Service or Software to any Third Party; (v) any claims made by or on behalf of any Third Party pertaining directly or indirectly to Your use of the Service, the Software; (vi) violations of Your obligations of privacy to any Third Party; and (vii) any claims with respect to acts or omissions of any Third Party in connection with the Service, the Software. DOT will provide You with written notice of any claim, suit or action from which You must indemnify DOT. You will cooperate as fully as reasonably required in the defense of any claim. DOT reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
DISCLAIMER OF WARRANTIES.
To the fullest extent permitted by applicable law, except as expressly provided for in this agreement, dot makes no other warranty of any kind, whether express, implied, statutory or otherwise, including without limitation warranties of merchantability, fitness for a particular use and non-infringement.
LIMITATION OF LIABILITY.
To the extent permitted by applicable law, dot will not be liable for your lost revenues or indirect, special, incidental, consequential, exemplary, or punitive damages, even if dot or its subsidiaries and affiliates have been advised of, knew or should have known that such damages were possible and even if direct damages do not satisfy a remedy. DOT’s and its wholly owned subsidiaries' total cumulative liability to you or any other party for any loss or damages resulting from claims, demands, or actions arising out of or relating to this agreement will not exceed $500 (CAD).
Proprietary Rights Notice.
The Service, which includes the Software and all Intellectual Property Rights therein are, and will remain, the property of DOT. All rights in and to the Software not expressly granted to You in this Agreement are reserved and retained by DOT and its licensors without restriction, including, DOT’s right to sole ownership of the Software and Documentation. Without limiting the generality of the foregoing, You agree not to (and not to allow any third party to): (a) sublicense, distribute, or use the Service or Software outside of the scope of the license granted in this Agreement; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Software or otherwise attempt to discover any source code or trade secrets related to the Service; (c) rent, lease, sell, assign or otherwise transfer rights in or to the Software or the Service; (d) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software; (e) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of DOT; (f) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with DOT (or its wholly owned subsidiaries) other than in the name of DOT (or its wholly owned subsidiaries, as the case may be); (g) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service; or (h) seek, in a proceeding filed during the term of this Agreement or for one year after such term, an injunction of any portion of the Service based on patent infringement.
Term and Termination.
Modifications to Terms of Service and Other Policies.
DOT may modify these terms or any additional terms that apply to the Service to, for example, reflect changes to the law or changes to the Service. You should look at the terms regularly. DOT will post notice of modifications to these terms at www.dotmobile.app/terms. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted. If You do not agree to the modified terms for the Service, You should discontinue Your use of dot Mobile Service. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of DOT, (ii) You accept updated terms online, or (iii) You continue to use the Service after DOT has posted updates to the Agreement or to any policy governing the Service.
Miscellaneous, Applicable Law and Venue.
DOT will be excused from performance in this Agreement to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between You and DOT concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. This Agreement will be governed by and construed under the laws of Canada.
DOT is committed to eliminating barriers and improving accessibility for persons with disabilities in a manner that respects dignity, independence, integration and equal opportunity.
DOT recognizes the diverse needs of all our Members and the public that may be affected by the goods and services that we provide and will respond by striving to provide Services that are accessible to all.
DOT is committed to support following Connectivity Services for people in need of them: Text with 9-1-1 (T9-1-1), Real Time Text (RTT) and TTY
Reasonable efforts will be made to ensure that:
- Persons with disabilities are provided equal opportunity to obtain, use and benefit from the Company goods and services.
- Goods and services are provided in a manner that respects the dignity and independence of persons with disabilities.
- The goods and services provided to persons with disabilities are integrated with the provision to users of the same goods and services unless an alternate measure is necessary to allow a person with a disability to fully benefit. The alternate measure may be temporary or permanent.
- Communications with a person with a disability are conducted in a manner that takes the person’s disability into account.
- Persons with disabilities may use assistive devices, service animals and support persons as is necessary to access the Company goods and services unless superseded by other legislation.
More information on accessibility: https://www.wirelessaccessibility.ca.
For any feedback or concerns please contact our privacy officer at firstname.lastname@example.org.
Our private by design promise means that You are not required to provide any personal information to become a Member other than your email address. You may choose to join or sign in using a supported social media account, which will also provide us with your profile picture so we can personalize your experience.
We will however ask you for delivery address if we are delivering something to you. Billing address or postal code if we need to verify Your payment card. Location if you are trying to use services like Connectivity Intelligence to see the best network in the area you are moving to. Our application will ask for permission and explain how it is connected to the Service You as a Member are receiving.
Our website uses and Google reCaptcha and Google Analytics, services which transmits Website traffic data to Google servers. Google Analytics does not identify individual users or associate your IP address with any other data held at Google. We use reports provided by Google Analytics to help us understand website traffic, visitors and Website usage. More information on this https://policies.google.com/technologies/partner-sites.
DOT will not store Your credit card details (the banks and payment processors do that). We never access the content of Your communications and browsing or provide it to any third parties unless required by law.
DOT will securely store and process, anonymized data that our Members generate while using the Service to power our applications and the Service itself.
All the data generated by using the Service belongs solely to DOT and its Members and will not be sold for profit, unless individual Members are specifically willing to allow the use or monetization of their data.
If You choose to participate in a program that uses or monetizes the data you generate through use of the Service, DOT will explicitly state how it will be used and what share, if any, of the
“dot Mobile App” refers to iOS and Android applications for your phone that allow use of the Service and control of Your Member Profile.
“Connectivity Services” refers to any of DOT’s paid connectivity subscriptions which are available on a 30 or 365 day basis. This includes wireless voice, messaging, and data services, as well as other value added services. A complete list of services is available on the DOT website and inside the dot Mobile App
““Gig”, “Gigabyte” and “GB” refers to data purchased in 1000MB (megabyte) increments.
“Member’s Rate” refers to a single rate available for all Members. “Data on Tap” refers to buying data at the “Members Rate” in preset increments for use with the Service. ‘Partner Network’ refers to a wireless, Wi-Fi, or in-flight network that DOT provides elements of the Service to it’s Members.
“Mobile Device” refers to any device that is using the Service, the dot Mobile App, or is signed into a Member Profile on the DOT website. Many of our services depend on knowing a lot about the Mobile Device you are using. Where and when possible, we will perform device make and model detection to provide relevant information for you. Your device history will be available on your Profile in the dot Mobile App (once available).
“Personal and Fair Use” refers to using the Connectivity Services for personal use (including while working, running business) that allows all of our Members to enjoy the Service without interruption and are not used for further re-sell or providing other services.
“Multiple Devices” - refers to using multiple devices associated to one Member Profile using the Services included and purchased with that Profile. To be able to use up to 5 devices Members will have to enable Multiple Device add-on on their Member Profile.
"Registered Payment Method" refers to a payment card (credit or select debit cards) linked to your Member’s Profile. You do not need a registered payment to use free mobile services. For credit card payments we will employ reasonable means to authorize the payment and security check and will not store credit card details (banks store those).
“dot.bot” is our most thoughtful agent, our Artificial Intelligence assistant available online and through the dot Mobile App. dot Bot is an integral part of our Service.
“Notifications” we want to involve you in the building process of DOT. That’s why it is very important to stay in touch. If during the registration process you have selected to receive email communication you will receive periodic email informing about the news about the Service, Wireless and smartphones in general. If you do not want to receive any email from us. You can manage your preferences and notification settings in your profile. Dot. Mobile App notifications are controlled by Member when installing the application from Google Play store or apple store.
“Add-ons”, “plug-ins” and “third party services” refers to Services sold by Dot. Mobile , but delivered by other companies. Certain Services like repair can be provided by third parties.
“Accessories” refers to mobile phone accessories purchased through dot. Mobile App store.
"DOT Software" means the DOT server-side software and any upgrades, which enables DOT Services.
The words "include" and "including" mean "including but not limited to.
If you have questions about the Service or these terms, you can contact us by sending us an email or contacting us by regular post:
Data On Tap Inc.
PO BOX 66 TORONTO C