Terms Of Service

Version: March 20, 2019

Introduction

These Terms of Service apply to the Value Added Services subject to your Value Added Services package.

Your use of the Website is governed by the Website Terms of Use [ROKiT Website Terms of Use] and Acceptable Use policy [ROKiT Website Acceptable Use Policy]. Please read the Website Terms of Use and Acceptable Use policy carefully.

In order to use the Value Added Services you will need to use ROK Launch Control, a mobile app that allows easy access to Value Added Services. Use of ROK Launch Control is subject to the ROK Launch Control Terms of Use [ROK Launch Control Terms of Use] and the ROK Launch Control EULA [ROK Launch Control EULA].

In these Terms of Service the following words will have the following meanings unless the context otherwise requires:

Account: means your account with us for the Value Added Services;

Added Value Service Provider: means any third party that provides any of the Value Added Services;

Affiliates: means ROKiT's ultimate holding company, ROKiT's subsidiaries and the subsidiaries of ROKiT's ultimate holding company;

Authorised Device: means a Device that has been purchased from us;

Content: means any content or materials available to customers via the Value Added Services including but not limited to any text, graphics, audio, visual (including still visual images) and audio-visual material, software, applications, data, database content or other multimedia content, information and material, including the metadata relating to the above;

Device: means a mobile phone, SIM, data card, data modem, tablet or other computing or data equipment;

Value Added Services: means the services set out on the Website from time to time which are available via one or more Value Added Services package;

ROKiT,we,us and our: means ROK Services Limited (Company No. 11473520), a company registered in England and Wales whose registered office is at ROK House, Kingswood Business Park, Holyhead Road, Albrighton, Staffordshire, United Kingdom, WV7 3AU;

Website: means our website at https://rokitphones.com/; and you, your: means an individual who uses the Value Added Services. Please read these Terms of Service carefully.

BY USING THE Value Added Services YOU WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE DO NOT USE THE Value Added Services.

We may make changes to these Terms of Service from time to time and will post updated Terms of Service incorporating the changes to the Website. Your continued use of the Value Added Services after the date on which the updated Terms of Service are posted to the Website will constitute your acceptance of the changes. Please check the Website regularly to ensure that you are aware of changes to the Terms of Service.

YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD OR, THAT IF YOU ARE UNDER 18 YOU HAVE BEEN GIVEN PERMISSION BY A PARENT OR GUARDIAN TO USE THE Value Added Services AND YOUR PARENT OR GUARDIAN AGREES TO THESE TERMS OF SERVICE.

Value Added Services

The Value Added Services received by you will depend on which Value Added Services package you select or is included with your Authorised Device purchase. The Value Added Services are provided for use exclusively with Authorised Devices by individuals. We cannot guarantee that an Authorised Device that has not been provided by us or an Authorised Device that has been modified by you, will be able to access and use all or any parts of the Value Added Services. If you alter or modify your Authorised Device in a way not authorised or recommended by the manufacturer, you may lose functionality, and you may be required to purchase a new Authorised Device in order to restore the Value Added Services.

The Value Added Services are provided by the Added Value Service Providers.

We may at any time change, amend, withdraw, replace, update or add to any of the Value Added Services or any of the Added Value Service Providers at our sole discretion. We will post updated Terms of Service incorporating the changes to the Website and we will use reasonable efforts to keep you up to date with any change, amendment, update or addition to, or withdrawal or replacement of, any of the Value Added Services or any of the Added Value Service Providers.

We are not responsible for providing any of the Value Added Services to you. We will have no liability to you for any claim relating to any Value Added Services or the provision or failure to provide any Value Added Services.

You will only receive those Value Added Services that are included in the Value Added Services package that you select or that is included with your Authorised Device purchase. As at the current date the full list of Value Added Services comprises of:

Value Added Services

ROKiT Talk Unlimited Wifi Calling. Terms and conditions apply – see [ROKiT Talk TERMS AND CONDITIONS, ROKiT Talk PRIVACY POLICYand ROKiT Talk EULA]

Added Value Service Provider

NetworkIP, LLC trading as Elite Telecom.

ROK Life Service

Breakdown/Recovery/Homestart. Terms and conditions apply – see [LINK]

Added Value Service Provider

Acasta European Insurance Company Limited

ROK Life Service

Personal Accident Insurance. Terms and conditions apply – see [LINK]

Added Value Service Provider

Antares Managing Agency Limited

ROK Life Service

ROKFLiX 3D. Terms and conditions apply – see [ROKFLIX 3D TERMS OF USE]

Charges

The charges for the Value Added Services are set out on the Website. We may change any or all of the charges from time to time, provided that the new charges are posted on the Website at least 30 days before coming into effect.

Disputed charges If you think that there has been an error in any charge to your Account, you must notify us promptly after the charge appears on your Account. You can contact us using the methods indicated on our Website.

Third party charges We are not liable for any charges for products or services provided by third parties through or for use on Authorised Devices, including without limitation for third party Apps and services provided by third party Apps you download to your Authorised Device. You must contact the third party directly for any unauthorized or disputed charges.

Payment Terms You will be billed for the Value Added Services package you select at the end of the free initial period. Payments are automatically collected from the payment method provided by you at the end of each Value Added Services period after the end of the free initial period. Each Value Added Services period is 30 days.

Account suspension for declined payments or credit card chargebacks If we have attempted to charge your registered payment method for a valid charge and the credit/debit card company withholds such payment, we reserve the right to suspend your access to the Value Added Services until payment is received or terminate your Value Added Services and deactivate your Account at our sole discretion. For a credit card chargeback, if the chargeback is not resolved and reversed, we will terminate your Value Added Services and your Account will be deactivated and we will assess you a termination charge equal to the balance in your Account, which is not refundable. If your Account is reactivated subsequently, you may be charged a fee for each chargeback.

Refunds and returns Monthly charges are non-refundable.

Lost or stolen Device If your Authorised Device is lost or stolen, you are responsible for charges incurred for Value Added Services until you notify us of the loss or theft through any of the means indicated on our Website. Upon receiving notice that your Authorised Device is lost or stolen, we will suspend access to the Value Added Services.

Acceptable uses You agree not to use the Value Added Services or your Authorised Device in any way (including but not limited to by posting, publishing or distributing material) that is illegal, fraudulent, threatening, obscene, indecent or abusive as we determine in our sole discretion including but not limited to, to harass, defame or slander any individual or entity. You may not use the Value Added Services in a manner that interferes with another customer's use of the Value Added Services or the underlying infrastructure of the wireless network. You are legally and financially responsible for all data activity to and from your Authorised Device, regardless of who initiates the activity.

Unsolicited messages If you intentionally send spam from your Authorised Device, we may terminate the Value Added Services without further notice.

Suspension or termination We reserve the right to issue a warning and to suspend or terminate your use of the Value Added Services and access to the Website at any time if we determine in our sole discretion that you have violated any of the Terms of Service or any of our rules or policies or for any other reason.

Internet content Some content you attempt to access on your Authorised Device may not be stored or processed because of memory limitations. You agree that we are not liable for the deletion of or failure to store content, and, in compliance with the Terms of Service, you should store photographs and other information permanently by using other means. Downloaded or created content on your Authorised Device may expire or be deleted unless you otherwise arrange for its retention and/or preservation. You are responsible for the content you access on your Authorised Device. Some content available on the Internet may be unsuitable for minors, and you should take care when sharing your Authorised Device with minors.

Use of Apps Not all Apps will work on all Authorised Devices, and some Apps may not be available in all areas. Use of certain Apps may require the disclosure of personal information subject to the policies of the companies that offer such Apps.

Location-based services Location-based services use and provide information based on the location of your Authorised Device. When you turn on your Authorised Device, it automatically communicates with the wireless network and relays its current location unless you have turned off location functionality on your Authorised Device. The accuracy of

location-based services may be affected by circumstances beyond our control, including atmospheric, geographic or topographic conditions. We do not warrant or guarantee that location-based services will be available at any specific time or geographic location, or that they will be provided without interruption. By using our location-based services, you consent to have us or our business partners (including but not limited to Added Value Service Providers) electronically collect, monitor and track your physical location and the location of your Authorised Device. We collect and disclose your location information only to provide you with the location-based services you have requested, or in emergency situations as prescribed by law. If you allow others to use your Authorised Device, you are responsible for informing these others that their location information may be collected or disclosed. We will not provide your location information to third parties without your consent other than as prescribed by law.

Safety and security We are not responsible for the content or security of voicemail, messages or contact lists you create.

Use your Authorised Device in a safe manner that does not create a risk to your safety or the safety of others around you. While driving, always use a hands-free device and never use your Authorised Device to send text messages. Always use your Authorised Device in accordance with all applicable laws and regulations.

Use of your customer information When you agree to the Terms of Service, you also agree to the terms of our Privacy Policy available on the Website. Our Privacy Policy includes important information on what data we collect about you, how we use this data and with whom we share that data. We may make changes to our Privacy Policy from time to time and will post the updated Privacy Policy incorporating the changes to the Website. Your continued use of the Value Added Services after the date on which the updated Privacy Policy is posted to the Website will constitute your acceptance of the changes. Please check our Website regularly to ensure that you are aware of changes to our Privacy Policy.

Dispute resolution We and you each agree to contact each other first with any disputes. You must contact us with any dispute by the means indicated on our Website. Please provide a description of the problem, all relevant documents/information and the proposed resolution. We will contact you at the last address that you have provided us or on your Authorised Device. We each agree to negotiate in good faith to resolve any dispute.

Limitation of liability We and you agree to limit claims for damages or other monetary relief against each other to direct and actual damages unless prohibited by law. You agree that to the fullest extent permitted by law, we, our Affiliates and our business partners (including but not limited Added Value Service Providers) are not liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of the Website, Authorised Devices or the whole or any part of the Value Added Services or under any legal theory, including misrepresentation, breach of contract, product liability or any other theory. We assume no risk or responsibility for your use of any Content. We are not liable for (1) any act or omission of any other company furnishing any part of the Value Added Services (including without limitation the Added Value Service Providers) or any equipment (including without limitation the Authorised Devices) provided in connection with the Value Added Services; (2) errors or omissions of our business partners (including but not limited to Added Value Service Providers); (3) any damages that result from any product or service provided by or manufactured by third parties; or (4) any unauthorized or disputed charges for the Value Added Services that appeared more than 30 days earlier on your Account statement which you did not promptly dispute in accordance with the Terms of Service. You also agree we are not liable for missed voicemails or deletion of contacts from your address book, content, or lost messages from your voicemail system.

Warranties THE WEBSITE AND THE Value Added Services ARE MADE AVAILABLE “AS IS” AND ON AN “AS AVAILABLE” BASIS AND ROKiT MAKES NO AND HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW ALL WARRANTIES, EXPRESS OR IMPLIED (COLLECTIVELY, “WARRANTIES”) WITH RESPECT TO THE WEBSITE AND THE Value Added Services, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUALITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. ROKiT MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE Value Added Services (OR ANY PART THEREOF) OR WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND ROKiT DISCLAIMS ANY LIABILITY RELATING THERETO. ROKiT MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE Value Added Services OR WEBSITE WILL BE ACCURATE, TIMELY, RELIABLE, UNINTERRUPTED, OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, ROKiT MAY MODIFY, SUSPEND, OR DISCONTINUE ANY PART OR ALL OF THE Value Added Services OR THE WEBSITE OR YOUR USE OF EITHER OR BOTH. IN SUCH EVENT, ROKiT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY. YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT, OR OTHER OBJECTIONABLE CONTENT WHEN USING THE Value Added Services. ROKiT WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT. SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE Value Added Services MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT ROKiT ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS, OR SERVICES. CERTAIN STATE LAWS DO NOT ALLOW DISCLAIMERS OF OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification You agree to indemnify and hold harmless us, our Affiliates, business partners (including but not limited to Added Value Service Providers) and our and their respective officers, agents, partners and employees, from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including any costs, expenses or attorneys' fees on account thereof) resulting from your use of the Website by you or your use of the Authorised Device or the Value Added Services or their use by any other person, whether based in contract or tort (including strict liability) and regardless of the form of action.

Effect of These Terms of Service These Terms of Service and the documents referred to in these Terms of Service set out the agreement between you and us relating to the terms under which Value Added Services are offered and provided to you and supersede all oral or written communications, agreements and understandings between you and us with respect to the Value Added Services. If any part of the Terms of Service is declared invalid or unenforceable, all other parts of the Terms of Service are still valid and enforceable. No provision of the Terms of Service provides any person or entity other than you, us and our Affiliates and business partners (including but not limited to Added Value Service Providers) with any remedy, claim, liability, reimbursement, or cause of action, or creates any other third-party beneficiary rights. If there is any inconsistency between these Terms of Service and your Value Added Services package then your Value Added Services package shall prevail.

Governing Law; Jurisdiction These Terms of Service are governed by, and will be construed under, the laws of England. All disputes arising out of or related to your use of the Value Added Services or the Website shall be subject to the exclusive jurisdiction of courts of England and you agree to submit to the personal jurisdiction and venue of such courts.

Contact Us If you have any questions about these Terms of Use, contact us at uksupport@rokit.com.

Notices You may notify us by electronic means via the Website. Notices will be considered effective after we receive them. Any notice we send you will be sent to your last known residence or electronic address as shown on our records, or via text message to your Authorised Device.

Assignment You may not assign your rights or delegate any of your duties under the Terms of Service without our prior written consent, and any attempted assignment or delegation without such consent is void. We may assign all or part of the Terms of Service or your debts to us without notice.

Trademarks and licenses The ROKiT name and logo are registered trademarks of ROKiT or its Affiliates.