SIMPL IoTSIMPL IoT

ACCEPTABLE USE POLICY

 
 

Last Updated March 3, 2025

By using the Services (defined below), Customer (defined below), on its own behalf and on behalf of its End Users (defined below), agrees to this Acceptable Use Policy (this "AUP"), including any updated versions. Customer's use of the Services is subject to this AUP, as it may be revised from time to time. Continued use of the Services constitutes acceptance of any changes to this AUP.

  1. DEFINITIONS:

    1. "SIMPL" means AUS Information Systems LLC d/b/a SIMPL.

    2. "SIMPL Party" or "SIMPL Parties" means SIMPL's affiliates, officers, directors, employees, agents, and vendors (including but not limited to the underlying wireless carriers and any roaming wireless carrier or their vendors, dealers, parent companies, and agents).

    3. "Carrier Acceptable Use Policy" or "CAUP" means the policy(ies) of the underlying wireless carriers governing the appropriate use of the Services.

    4. "Circuit" means a modem and unique WAN IP address that establishes both a physical and logical connection between a modem and a carrier serving tower.

    5. "Customer" means the organization or entity that obtained or purchased the Services.

    6. "Customer Equipment" means all of Customer's Devices or equipment necessary to enable Customer to receive or use the Services that are not provided by SIMPL or an underlying wireless carrier.

    7. "Device" means a single unit of radio telephone equipment having a unique International Mobile Equipment Identity (IMEI) (including the associated SIM) for use in connection with its own Mobile Subscriber Integrated Services Digital Network Number that includes an operating system and other software, which is technically and operationally compatible with the underlying wireless carrier's network.

    8. "End User" means any person, partnership, corporation, limited liability company, firm, joint venture, joint-stock company, trust, or other entity, however organized, who ultimately uses or whom Customer ultimately intends to use or receive the benefit of the Services provided by Customer or provided by a third party on Customer's behalf.

    9. "Equipment" means the subscriber identity module ("SIM"), or comparable device, and any other equipment provided to Customer for use with the Services.

    10. "LBS End User" means any End User of the LB Services.

    11. "Location Based Services" or "LB Services" means location enabled or location aware software, products, or services that access or use Location Information from Devices and/or the underlying wireless carrier's network.

    12. "Location Information" means data that can be used to describe, determine, or identify the location of a Device (including, e.g., latitude/longitude data, cell site/selector data, Wi-Fi SSID, or device signal strength) regardless of the accuracy, type, or source.

    13. "Services" will mean the services provided by the underlying wireless carrier to transmit data between wireless devices, computer servers or other machines, or between wireless devices, with limited or no manual intervention or supervision whether on an Internet of things (IoT), fixed wireless access (FW or FWA), machine-to-machine (M2M),, or any other basis of transmission that has been approved and enabled by SIMPL and the underlying wireless carrier.

    14. "Underlying Agreement" means the agreement entered into between SIMPL and Customer which enables Customer's provision of the Services to End Users.

  2. TERMS AND CONDITIONS; USE RESTRICTIONS:

    1. Customer acknowledges and agrees that based on the Services purchased by Customer in the Underlying Agreement, one or more CAUPs may be applicable to the Services. Customer will at all times ensure that all Equipment and applications utilized in connection with the Services comply with this AUP and the requirements of each applicable CAUP. If Customer's use of the Services is determined to have violated any CAUP, the Services may be temporarily suspended or permanently terminated. CAUPs are subject to change without notice and any such changes will be incorporated into this AUP by this reference.

    2. Customer will only use the Services for authorized purposes pursuant to an approved service application such as M2M, business continuity, and managed network services, including failover, POTS line replacement, SD-WAN, and fixed wireless. Customer may not use the Services where voice service is the primary use. In no event will Customer use the Services for remote medical monitoring. The Services are for Customer's use only and Customer may not resell the Services to any other party or sublicense or distribute the Services to any other party without integration with other products and/or services without the prior written consent of SIMPL.

    3. Customer may not use the Services or Equipment: (i) to continually or repeatedly dial telephone numbers associated with free conference calls, free chat lines, or other similar or related services that are used to increase the inter-carrier compensation billed to an underlying wireless carrier; (ii) to send unsolicited commercial messages, "spam," or otherwise abusive, fraudulent, harassing, or mass-automated communications; (iii) to access, alter, or interfere with the communications and/or information of other users, including but not limited to deploying or hosting malicious software or malware; (iv) to rearrange, tamper, or make an unauthorized connection with any network of an underlying wireless carrier; (vi) in any unethical or fraudulent scheme, or by or through any unethical or fraudulent means or devices, including with the intent to avoid payment of, in whole or in part, any charges for the Services and/or Equipment; (vii) to interfere unreasonably with the use of the Services by any third party; (viii) to convey information deemed to be obscene, salacious, or prurient or to convey information of a nature or in such a manner that renders such conveyance unlawful; (ix) to provide life-sustaining medical care for any individual, including without limitation, in health care and assisted living environments; (x) to harm, or attempt to harm, minors in any way; or (xi) in any way that violates any underlying wireless carrier's CAUP. Customer will not use the Services or Equipment in a manner that compromises network security or capacity, degrades network performance, hinders other customers' access to the network, or otherwise adversely impacts network service levels or legitimate data flows. Customer will not (X) install any amplifiers, enhancers, repeaters, or other devices that modify or otherwise affect the radio frequencies used to provide the Services, other than those provided by the underlying wireless carrier; (Y) use or alter, or attempt to use or alter, the Service for any non-data purpose, including but not limited to services which primarily offer voice communications, including voice over IP services; or (Z) sell, resell, lease, rent, or otherwise make the Services or Equipment available to government entities, unless otherwise specified in writing by SIMPL and the underlying wireless carrier.

    4. Customer will not, and will not allow any third party to: (i) use the Services for any purpose other than the purposes intended by SIMPL; (ii) decompile, disassemble, reverse engineer, or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming, or interoperability interfaces of the Services or Equipment; (iii) remove any product identification, copyright, or other notices; (iv) modify, incorporate into, or with other software create a derivative work of any part of the Services or Equipment; (v) modify or otherwise alter the operation of the Services or Equipment or program, reprogram, or tamper with the Services or Equipment in any manner; (vi) rent, lease, lend or provide commercial hosting services with the Services or Equipment; or (vii) insert any Equipment into devices bearing a mark of a different underlying wireless carrier or that are purchased from an underlying wireless carrier that have been packaged with such underlying wireless carrier's SIM.

    5. Customer will not relocate Equipment outside the specified site or use the Equipment or Services outside the Territory specified in writing in the Underlying Agreement without SIMPL's prior written consent. If Customer desires to relocate the Equipment outside of the specified site, Customer will provide no less than fifteen (15) days' prior written notice to SIMPL, which will identify the proposed location of the Equipment.

    6. Customer will not use any unapproved Customer Equipment or Customer Equipment that is defective, illegal, or does not meet the licensing or certification requirements required of the jurisdiction where such Customer Equipment is used.

    7. CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS NO PROPERTY OR OTHER RIGHTS IN ANY TELEPHONE NUMBER OR OTHER IDENTIFIER ASSIGNED TO CUSTOMER AND THAT SUCH NUMBER OR OTHER IDENTIFIER MAY BE CHANGED FROM TIME TO TIME.

    8. CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT WITH RESPECT TO THE SERVICES, IT HAS NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH THE UNDERLYING WIRELESS CARRIER OR SUCH CARRIER'S AFFILIATES OR CONTRACTORS AND CUSTOMER IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN SIMPL AND THE UNDERLYING WIRELESS CARRIER. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT, WITH RESPECT TO THE SERVICES, THE UNDERLYING WIRELESS CARRIER AND SUCH CARRIER'S AFFILIATES AND CONTRACTORS WILL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO CUSTOMER AND CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS OR DEMANDS THEREWITH.

    9. All restrictions on the use of the Services applicable to Customer will apply to Customer's End Users. Customer represents to SIMPL that Customer has technical, organizational, legal, or other safeguards, measures, and controls in place to enforce the terms of this AUP with respect to each End User. Customer will be fully responsible to SIMPL for each End User's failure to comply with the terms of this AUP. Customer or its End User's failure to comply with the terms of this AUP or any applicable AUP may cause Customer's transmissions to fail, be blocked or misrouted, use a wireless service not intended by Customer, and/or be subject to additional charges beyond those set forth in Customer's Underlying Agreement. If the Underlying Agreement is terminated due to Customer's failure to comply with the terms of this AUP or any applicable AUP, Customer may be charged additional fees, penalties, or charges as defined in the Underlying Agreement ("Termination Fees"). Customer hereby agrees to pay such Termination Fees. Customer will have sole liability for the Equipment, the Customer Equipment, or Customer's failure to maintain or meet requirements applicable to the Equipment and/or Customer Equipment. Any Customer Equipment and Equipment Customer uses in connection with the Services will be at Customer's sole risk. Under no circumstances will SIMPL or any underlying wireless carrier be responsible for or obligated to make any changes to its Equipment, operations, network or systems to accommodate Customer or any End User. Customer will comply with all laws, rules, and regulations applicable to Customer and Customer's use of the Equipment and Services.

  3. LOCATION BASED SERVICES:

    1. If the Services include LB Services, then this Section 3 will apply to the LB Services.

    2. Customer will obtain affirmative, opt-in consent from LBS End Users as appropriate to access, use, copy, store, collect or disclose Location Information. Customer will not access, use, copy, store or disclose any Location Information until the appropriate consent has been obtained.

    3. Customer shall ensure that each LBS End User is provided with clear, conspicuous, and comprehensive notice about how Location Information will be accessed, used, copied, stored, collected or disclosed by Customer and/or third parties (as applicable) in Customer's privacy policy and ensure that such notice is presented to LBS End Users for acceptance prior to use of the LB Services and readily available and easily accessible by LBS End Users. Depending upon the type of service and the means by which the notices can be presented to the LBS End User, the notices shall be displayed on a device, a website or a formal written paper contract or other mechanism as appropriate.

    4. As appropriate, Customer will ensure that each LBS End User may deny, revoke, or withdraw consent, through readily available means and/or mechanisms at any time. If consent is denied, revoked, or withdrawn, Customer may not access or collect LBS End User's Location Information or perform any other actions for which the LBS End User's consent has been denied, revoked, or withdrawn.

    5. Customer may only use Location Information for the sole purpose of providing LB Services as intended by the LBS End User and shall only access, use, disclose and maintain Location Information as long as notice, consent and all other requirements have been satisfied and maintained. Location Information shall not be accessed, used, stored or disclosed for any other purpose without the explicit prior consent of the LBS End User. Customer shall delete Location Information when it is no longer needed and provide a readily available means for LBS End Users to delete Location Information.

    6. Customer must implement security measures and safeguards that protect LBS End User privacy and safety, including the nature, type and sensitivity of the LB Service it may be necessary to encrypt Location Information during transmission and provide periodic reminders to LBS End Users to remind them about the nature of LB Services.

    7. Customer must maintain records of any notice, consent and revocation for as long as the LB Services are in use, plus an additional five (5) years. SIMPL may, by itself or on behalf of the underlying wireless carriers, request this information at anytime and it shall be provided to SIMPL within seven (7) business days of request.

    8. Customer shall make no representation of accuracy, completeness, or timeliness of Location Information or the location capabilities of any product or service.

    9. Customer shall design, develop, build, operate, and maintain all LB Services to sufficiently mitigate security threats including, but not limited to: (a) fraudulent, improper or unauthorized access, use or disclosure (b) unauthorized changes, (c) disruptions or denial of service, (d) escalation of user privilege, and (e) degradations of the services of any underlying wireless carrier.

    10. The LB Services shall not: (a) perform any functions or link to any content or use any robot, spider, site search, or other retrieval application or device to scrape, retrieve, or index services or to collect, disseminate, use, store or disclose information about an LBS End User for any unauthorized purpose; (b) obfuscate, alter, remove, disable, override, or otherwise interfere with any Verizon Wireless alerts, or warnings, display panels, consent panels, and the like, including, but not limited to, those that are intended to notify the LBS End User that the LBS End User's Location Information is being collected, transmitted, maintained, processed, or used, or intended to be accessed; (c) be designed, developed, marketed, distributed, offered, or otherwise made available for automatic or autonomous control of vehicles, aircraft, or other mechanical devices or emergency or life-saving purposes; or (d) be designed, developed, marketed, distributed, offered, or otherwise made available for the purpose of harassing, abusing, stalking, threatening, or otherwise violating the legal rights (such as the rights of privacy and publicity) of others, or any other illegal or unethical purpose.

  4. DISCLAIMER OF WARRANTY:

    1. Customer acknowledges and agrees that the Services are provided via a public network routed over the underlying wireless carrier's connection to the internet and that the Services, as provided to Customer by SIMPL are not PCI-DSS compliant. CUSTOMER ACCEPTS FULL RESPONSIBILITY FOR COMPLIANCE WITH ANY APPLICABLE PCI-DSS GUIDELINES WITH RESPECT TO THE SERVICES AND AGREES THAT NEITHER SIMPL NOR THE UNDERLYING WIRELESS CARRIERS CAN GUARANTEE THE SECURITY OF WIRELESS TRANSMISSIONS OVER THE SERVICES AND WILL NOT BE LIABLE FOR ANY LOSSES RELATING TO THE USE OF THE SERVICES. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE USE OF ANY INFORMATION AVAILABLE THROUGH THE SERVICES IS AT CUSTOMER'S OWN RISK AND RESPONSIBILITY

    2. NEITHER SIMPL NOR THE SIMPL PARTIES MAKE ANY WARRANTY OR REPRESENTATION WHATSOEVER, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, COMPATIBILITY OF THE EQUIPMENT OR SERVICES WITH ANY OTHER CUSTOMER MATERIAL, CUSTOMER PRODUCT, OR CUSTOMER SERVICE, FITNESS FOR USE, QUALITY, PERFORMANCE, SECURITY, OR NON-INFRINGEMENT OF THE SERVICES OR EQUIPMENT, INCLUDING, WITHOUT LIMITATION, ANY GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE, TRANSMIT ANY DATA IN AN UNCORRUPTED, COMPLETE, OR UNINTERRUPTED FORM, OR THAT ANY ERRORS OR MISTAKES WILL BE CORRECTED. ALL SERVICES AND EQUIPMENT ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS.

    3. CUSTOMER ACKNOWLEDGES THAT THE SERVICES MAY BE TEMPORARILY REFUSED, INTERRUPTED, CURTAILED, OR LIMITED BECAUSE OF ATMOSPHERIC, TERRAIN, OR OTHER NATURAL OR ARTIFICIAL CONDITIONS, INCLUDING NETWORK OUTAGES, AND MAY BE TEMPORARILY INTERRUPTED OR CURTAILED DUE TO USAGE CONCENTRATIONS, MODIFICATIONS, UPGRADES, RELOCATION, AND REPAIRS OF TRANSMISSION NETWORKS.

  5. LIMITATION OF LIABILITY; INDEMNIFICATION; RELEASES:

    1. SOLELY WITH RESPECT TO THE SERVICES OR EQUIPMENT, IN NO EVENT WILL ANY SIMPL PARTY BE LIABLE TO CUSTOMER, CUSTOMER'S END USERS, OR ANY THIRD PARTY UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS OR LOSS OF DATA.

    2. SOLELY WITH RESPECT TO THE SERVICES OR EQUIPMENT, NO SIMPL PARTY WILL BE LIABLE: (A) FOR ANY DAMAGES ASSOCIATED WITH THE SUSPENSION, TERMINATION, INTERRUPTION, REDUCTION, OR LOSS OF USE OF THE SERVICES; (B) IF CHANGES IN THE SERVICES OR IN THE APPLICABLE NETWORK, SYSTEMS, OPERATIONS, EQUIPMENT, POLICIES, OR PROCEDURES RENDER ANY CUSTOMER EQUIPMENT (INCLUDING ANY SOFTWARE SUPPORTING THE CUSTOMER EQUIPMENT) OBSOLETE OR OUTDATED; (C) FOR ANY CAUSES OF ACTION, LOSSES, OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS (INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY ACTS OF GOD, STRIKES, FIRE, GOVERNMENT ACTIONS, EMERGENCIES, AND OTHER CAUSES BEYOND AN SIMPL PARTY'S REASONABLE CONTROL), ACCESS OR LACK OF ACCESS, ERRORS, OR DEFECTS IN THE SERVICES, FAILURES OR DEFECTS IN THE NETWORK OR SYSTEMS, OR USE OF EQUIPMENT; (D) FOR ANY INJURY TO PERSONS OR PROPERTY, LOSSES (INCLUDING ANY LOSS OF BUSINESS), DAMAGES, CLAIMS, OR DEMANDS OF ANY KIND OR NATURE; (E) FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE SERVICES; OR (F) FOR ANY DAMAGES ARISING OUT OF THE USE OR ATTEMPTED USE OF, OR THE INABILITY TO ACCESS, LIFE SUPPORT OR MONITORING SYSTEMS OR DEVICES, LOCATION SERVICES, 911 OR E911, OR OTHER EMERGENCY NUMBERS OR SERVICES.

    3. CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT THE LIABILITY AND OBLIGATIONS OF SIMPL TO CUSTOMER UNDER THIS AUP MAY BE STRICTLY CONTROLLED AND LIMITED BY AN UNDERLYING WIRELESS CARRIER'S TARIFF, IF ANY, AND THE LAWS, RULES, AND REGULATIONS OF THE FEDERAL COMMUNICATIONS COMMISSION AND OTHER UNITED STATES OR FOREIGN GOVERNMENTAL AUTHORITIES WHICH FROM TIME TO TIME HAVE JURISDICTION. SOLELY WITH RESPECT TO THE SERVICES OR EQUIPMENT, SIMPL AND CUSTOMER AGREE THAT IF SIMPL OR, TO THE EXTENT REQUIRED BY APPLICABLE LAW, ANY UNDERLYING WIRELESS CARRIER SHOULD BE FOUND LIABLE FOR LOSS OR DAMAGE DUE TO OR RESULTING FROM: FAILURE BY SIMPL TO PERFORM ANY OF THE OBLIGATIONS HEREIN, ANY FAILURE OR DISRUPTION OF THE EQUIPMENT OR SERVICES, OR FAILURE TO PROVIDE THE SERVICES, SIMPL'S LIABILITY FOR DAMAGES AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO SIX

    4. (6) MONTHS OF CUSTOMER'S PAYMENTS TO SIMPL FOR THE SERVICES. THE PROVISIONS OF THIS SECTION WILL APPLY TO ANY LOSSES OR DAMAGES THAT MAY OCCUR, REGARDLESS OF THEIR CAUSE, ORIGIN, OR FORM OF ACTION, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE OF SIMPL OR ANY SIMPL PARTY, STRICT LIABILITY IN TORT OR OTHERWISE, OR ANY OTHER THEORY OF LIABILITY.

    5. With respect to the Services and Equipment, Customer agrees to indemnify, defend, and hold SIMPL and any underlying wireless carrier harmless from any claims, actions, liabilities, losses, damages (including personal injury, death, and property damage), and other expenses, including reasonable attorneys' fees and costs arising out of or relating to any End User's breach of this AUP and Customer's use, failure to use, or inability to use the Services and/or Equipment. In addition, Customer, on its own behalf and on behalf of its End Users, releases SIMPL and the SIMPL Parties for all damages arising out of or relating to Customer or its End User's breach of this AUP. This Section 5 will survive any termination of this AUP.

  6. LOSS AND DAMAGE OF EQUIPMENT:

    1. Upon Customer's acceptance of the Equipment, Customer assumes all risk of loss, damage, theft, or destruction of all devices or items of Equipment and from any causes due to misuse, fault or negligence of Customer. Upon the occurrence of any loss, theft, destruction, or damage beyond repair of such Equipment, Customer will pay the stipulated loss value. In the event of partial loss or damage to any device or item of Equipment due to misuse, fault, or negligence of Customer, Customer will be solely responsible for any loss or expense of any repairs or replacements necessary to promptly return such device or Equipment to its former condition. Customer will be solely responsible for any loss or expense of any repairs, maintenance, upkeep, or replacements necessary for any Customer Equipment.

  7. ASSIGNMENT:

    1. Customer acknowledges that this AUP is assignable by SIMPL or any underlying wireless carrier without prior consent from Customer.

  8. WAIVER:

    1. SIMPL's failure to enforce any provision of this AUP will not be construed as a waiver or limitation of SIMPL's right to subsequently enforce and compel strict compliance with every provision of this AUP. A waiver or consent given on one occasion is effective only in that instance and will not be construed as a bar to or waiver of any other right on any other occasion.