Legal - Services Terms of Use

Revision Date February 19, 2015

PLEASE READ THESE SERVICES TERMS OF USE (THE “TERMS”) CAREFULLY. BY USING THE AERIS SITE OR ANY AERIS SERVICES PROVIDED BY AERIS COMMUNICATIONS, INC. (“AERIS”), YOU AGREE TO BE BOUND CONTRACTUALLY BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE AERIS SITE OR THE AERIS SERVICES. IF YOU HAVE A WIRELESS SERVICES AGREEMENT WITH US, THESE TERMS ARE INCORPORATED INTO THAT AGREEMENT. YOUR USE OF ANY NEW PRODUCTS AND SERVICES AND/OR CONTENT THAT YOU GET FROM AERIS WILL BE GOVERNED BY THESE TERMS UNLESS SPECIFIED OTHERWISE BY US OR IN A WRITTEN AGREEMENT BETWEEN YOU AND AERIS.

Parties and Definitions.
1. Parties. The words “Aeris”, “we”, “us” or “our” mean Aeris Communications, Inc., owner and operator of the Aeris Services. The words “you” or “your” mean the individual person or legal entity that has agreed to a Wireless Services Agreement or, if there is no Wireless Services Agreement, who has chosen to use the Aeris Services.
2. Definitions. The following defined terms are used in these Terms:
  1. Acceptable Use Policy means the rules governing use of the Aeris Services; the current version of the Acceptable Use Policy is available at the Aeris Site at http://www.aeris.com/legal/
  2. Account means any account established by or for you in order to allow you to purchase SIM Cards, to order and access any Aeris Services or to manage Devices.
  3. AerCloud means the Aeris web-based service for receiving, storing, processing and delivering data from your Devices.
  4. Aeris Services means the Web Services, Wireless Services, the AerCloud service and any other services that you receive from us under a Wireless Services Agreement or otherwise.
  5. Aeris Site means http://www.aeris.com, the store at http://neo.aeris.com, the Web Portal, any site hosting a Community Forum and any other website provided by Aeris to allow you to interact with Aeris and use the Aeris Services.
  6. APIs means the application programming interfaces that allow communication between your Application facilities and the Aeris Services.
  7. API Instructions means the instructions that may be made available to you for your use in developing your Applications and your facilities that will access and use any Aeris Services through APIs.
  8. API Keys means any keys given to or generated by you for access to your Account or for your use of Aeris Services.
  9. Application means any software or firmware program that you select that sends, receives or processes Application Data.
  10. Application Data means all data, SMS or voice traffic data (including data resulting from any processing of such data, SMS or voice traffic that you perform) that is exchanged between Devices and your Application facilities, including your AerCloud Account, using Aeris Services.
  11. Carrier Partners means the wireless telecommunications carriers whose networks are used to provide the Wireless Services.
  12. Community Forum means any online forum hosted or sponsored by Aeris where users of Aeris Services and others can ask and respond to questions, share information or make comments.
  13. Community Forum Policy means the policies governing participation in any Community Forum; the most current version of the Community Forum Policy is available at the Aeris Site at http://www.aeris.com/legal/.
  14. Confidential Information means all confidential or proprietary information of a business or technical nature exchanged between us, whether disclosed orally, visually or in writing, which has clearly been identified as confidential or which by its nature or the circumstances of its disclosure should reasonably be presumed to be intended to be proprietary and held in confidence, including, without limitation, product and service plans and information, marketing, sales and pricing data and plans, operational and financial information and any Customer Data to the extent that it contains any of the foregoing or any personally-identifiable data relating to Customer or its customers. As between you and Aeris, we both agree that the API Instructions and the Documentation are the Confidential Information of Aeris, and Your Data is your Confidential Information and that anything you post on any Community Forum will not be treated as Confidential Information.
  15. Device means any radio, telephone, wireless or other hardware or virtual device selected by you for use with the Aeris Services, including any SIM Card or device containing a SIM Card.
  16. Documentation means all of the information and materials available to you on the Web Portal about Aeris Services and the Requirements, including developer guides, getting started guides, user guides, quick reference guides, sample code and tools, software libraries, command line tools, API guides and API Instructions, support and troubleshooting guidelines and other technical and operations manuals and specifications for the operation of the Aeris Services, as may be updated by us from time to time.
  17. End User means any third party to whom you provide any services using the Aeris Services.
  18. Intellectual Property means patents, patent applications, copyrights, trade secrets, trademarks and similar rights.
  19. Privacy Policy means the policies governing our collection and use of information; the most current version of the Privacy Policy is available at the Aeris Site at http://www.aeris.com/legal/
  20. Requirements means the guidelines available in the Documentation at the Web Portal setting out technical and behavioral requirements for your Devices and Applications that use Aeris Services.
  21. Service User means any individual or entity that, directly or indirectly through another user, accesses or uses your Account or Your Data or otherwise accesses or uses Aeris Services under your Account or using your API keys. The term “Service User” does not include individuals or entities when they are accessing or using Aeris Services under their own account, rather than through your Account.
  22. SIM Card means a subscriber identity module chip supplied or approved by us to enable Devices to access Wireless Services.
  23. Term means the period during which you are using Aeris Services under a Wireless Services Agreement or otherwise.
  24. Web Portal means the web-based portal at https://aerport.aeris.com or any other Aeris Site for interacting with us in connection with your use or potential use of Aeris Services, including such activities as establishing an Account, viewing Device activity and billing information, managing Devices, buying SIM Cards, signing up for Aeris Services, and for accessing Aeris Services and Documentation.
  25. Web Services mmeans the means (a) the API-based services for managing or monitoring Devices and activity or for routing Application Data and (b) the services available at the Aeris Site and through the Web Portal for managing your Account and Devices, accessing Documentation, participating in any Community Forum and accessing other Aeris Services.
  26. Wireless Services means the cellular and internet-based services, including, but not limited to, cellular connectivity services and AerCloud, provided by Aeris to enable the transmission of Application Data between your Application facilities and your or your End Users’ Devices.
  27. Wireless Services Agreement means any agreement between you and Aeris that governs your use of and payment for Aeris Services.
  28. Your Data means your Application Data and any other personally-identifiable information about you or your Devices (or about your End Users, Service Users or their Devices) associated with you or your Account and processed by Aeris Services or stored in any Aeris systems.
Modification of Terms. We may modify these Terms, any Wireless Services Agreement, any other terms of use for or policies applicable to use of Aeris Services, any price lists or any Requirements and may change, discontinue, or deprecate any aspect or functionality of the Aeris Services (including APIs or any service as a whole) at any time. If we change, discontinue or deprecate any APIs, we will use commercially reasonable efforts to continue supporting the previous version of any such API for 12 months unless doing so would pose a security or intellectual property issue, would be economically or technically burdensome, or if the change is needed to comply with the law or requests of governmental entities. We will use commercially reasonable efforts to limit the frequency of any changes materially affecting the operation of any Aeris Service. We will post notice of all changes made on the Aeris Site. Except for emergency changes required to protect any Aeris Service or any customers, all changes will take effect thirty (30) days from the date we post notice of the change on the Aeris site. Your continued use of the Aeris Site or any Aeris Services indicates your acceptance of such change. You should check the Aeris Site periodically for any changes.
Right to Use Services and Restrictions.
1. Right to Use Services. So long as you are in compliance with these Terms, your Wireless Services Agreement or any other agreement or terms of use applicable to the Aeris Services you are using and, as applicable, the Acceptable Use Policy and the Community Forum Policy, you are granted the limited, non-exclusive, revocable, non-transferable, non-sublicensable and worldwide right to use the Aeris Site, the Aeris Services and all Aeris Intellectual Property underlying the Aeris Site and the Aeris Services only for your own internal business purposes, which may include services that you provide to End Users using the Aeris Services. We reserve all rights not expressly granted to you in these Terms.
2. Means of Access.
  1. You agree not to access (or attempt to access) the Aeris Site or any Web Services by any means other than through the interfaces we provide, unless you have been specifically allowed to do so in a separate agreement signed by us.
  2. For any of the Web Services accessible only through use of APIs and/or API Keys, you agree that you will access the Web Services only using appropriate APIs and API Keys that are compliant with the API Instructions provided by Aeris and you will not access the Web Services through any other automated means, such as scripts or web crawlers.
  3. We may limit the number of times you can visit or log into the Aeris Site or Web Services within a certain period of time. Abuse, fraudulent activity, disruptive activity, or excessively frequent requests to the Web Services may result in the temporary or permanent suspension of your access to Web Services or your Account or to any API or API Key.
  4. We have the right to assign and control any identification number (IMSI, MSISDN, MIN or similar) assigned to a SIM Card or a Device by us or a Carrier Partner to allow a SIM Card or Device to use Wireless Services. You understand that, subject to any regulations about portability of numbers, you have no property right in any of these numbers and that they may be changed from time to time.
3. Suspension or Termination. We may suspend, reduce or terminate the Aeris Services to you or to particular Devices associated with you or your End Users or suspend access to your Account in certain circumstances if your Devices, Applications or use of the Aeris Site or Aeris Services are causing or could cause disruption or congestion or could damage us, our other customers or Carrier Partners. We may take these steps for reasons such as your failure to comply with the Requirements or otherwise, in cases of suspected fraud, in cases of aberrant Device behavior causing issues on the network, in cases where your use of Aeris Services is resulting in congestion or reduction of availability of resources for other customers, if we reasonably believe your Account has or is at risk of a security breach, or if you or your End Users are in violation of the Acceptable Use Policy, the Community Forum Policy, these Terms or any Wireless Services Agreement or other terms of use applicable to your use of Aeris Services, including payment terms. We will use reasonable efforts to notify you promptly of any suspension or termination and the reason for taking such action, and to restore service if and when the issue has been satisfactorily resolved. We will have no liability to you, any Service User, any End User or any other third party for any actions reasonably taken by us under this section.
4. Maintenance. We or our Carrier Partners may make temporary changes to the Aeris Site or Aeris Services required by an emergency, as well as take actions deemed reasonably necessary to protect or optimize our or their networks or services. Some of these actions may interrupt or prevent legitimate communications and usage, including, for example, use of message filtering/blocking software to prevent SPAM or viruses, limitations on throughput, scheduled maintenance and the like. We will provide as much advance notice as reasonably possible of any planned or emergency maintenance windows by email or by posting on the Web Portal.
5. Additional Restrictions. You agree that you will not do any of the following without our prior written consent:
  1. resell, copy or otherwise use the Aeris Services for your personal gain except as may be necessary for your internal business purposes or for you to provide services to your End Users;
  2. modify or make derivative works based on the Aeris Site, the SIM Cards, any Aeris Services, the Documentation or APIs or reverse engineer any of the software or content used in any of the foregoing, except for software tools identified as open source or for which permission to modify is explicitly granted;
  3. share or otherwise distribute any non-public information about the operation of the Aeris network or any Aeris Services to any third parties, other than with your End Users;
  4. bypass or circumvent measures Aeris may use to prevent, interfere or limit access to the Aeris Site or Web Portal;
  5. use the Web Services or any other means to access the accounts of any other users or to intercept, collect or store personal information about other users or their customers, other than as may be necessary for you to provide support to your End Users;
  6. take or permit any actions that you reasonably ought to know may overload or crash the Web Services or any Aeris server or network;
  7. benchmark any of the Aeris Services, perform penetration testing, or engage in any other activity to probe our systems or to collect or share information about the performance of the Aeris Services;
  8. engage in excessively high volume data transfers or bandwidth use, including without limitation by hosting a webserver, internet relay, chat server or any other server, via any use of the Web Services;
  9. “frame” or “mirror” the Aeris Site, its services or content on any other server or Internet-enabled device;
  10. take any action to modify, avoid or override any Aeris or Carrier Partner lists or algorithms for blocking or preferring any operator network;
  11. participate in any Community Forum in violation of the Community Forum Policy; or
  12. use the Aeris Services to violate the Acceptable Use Policy.
6. Links. You may create links to the Web Services for access only by your authorized Service Users or End Users. You understand that we do not review or control any third party websites that link to or from any Aeris Site or the Web Portal, we are not responsible for their content, and we do not represent that their content is accurate or appropriate. Your use of any third party site is on your own initiative and at your own risk, and may be subject to the other sites’ terms of use and privacy policies.
7. Security. You agree that you have certain security obligations with respect to accessing Aeris Services and, if applicable, your Account and that we will not be liable for any loss or damage from your failure to comply with these obligations. In particular, you agree that you will:
  1. limit access to your Account and the Web Services to your authorized personnel;
  2. establish account logins and API Keys for your personnel in accordance with our policies including, if required, providing the legal full name, valid email address, and any other information requested for each person for whom a login is created;
  3. not grant access to the Web Services to your End Users without the prior written consent of Aeris and, if access is granted, require your End Users to establish their own access credentials and to agree to these Terms;
  4. safeguard all usernames and passwords, API Keys and other Account access credentials for your personnel who have access to the Web Services;
  5. be responsible for all activities that occur using your usernames, passwords or API Keys or using your Devices; and
  6. notify us immediately if you believe that the security of your Devices or Account access credentials has been compromised and cooperate in the correction of Device security issues or resetting of any such access credentials.
Data Privacy, Specific Obligations and Compliance with Laws..
1. Data Privacy. We use commercially reasonable efforts to provide the Aeris Services and process and store Your Data following industry standard security practices and in compliance with the Privacy Policy as modified from time to time. Each of us will be responsible for complying with any applicable laws or regulations concerning data privacy and security applicable with respect to any data we hold or process. Neither of us will have any liability for any failure of the other party to meet these obligations.
2. Specific Obligations. We will not be required to comply with any specific obligations with respect to Your Data, such as Payment Card Industry (PCI) or similar data security standards or any laws concerning “protected health information” (PHI) as defined in 45 CFR 10.103 or any similar law or regulation in any jurisdiction, unless you and Aeris have entered into a Wireless Services Agreement or other agreement under which we have explicitly agreed to such obligations.
3. Compliance with Laws. We each agree to comply with all applicable local, state, national and foreign laws, rules, and regulations in connection with our provision, access and/or use of Aeris Services. You are responsible for properly handling and processing notices sent to you (or any of your affiliates or End Users) by any person claiming that Your Data violates such person’s rights, including notices pursuant to the Digital Millennium Copyright Act.
Ownership of Data and Intellectual Property.
1. Ownership of Data. You own all of Your Data and have sole responsibility for storing and backing up Your Data. We may use Your Data (other than personally-identifiable data) to operate and enhance the Aeris Services and otherwise as described in the Privacy Policy. We own all other data that we generate or collect by operating the Aeris Services, including, without limitation, service delivery records and signal strength data.
2. Ownership of Intellectual Property. We own all of the Intellectual Property rights relating to the Aeris Site, the Documentation and the Aeris Services. You have no right or license in any of our Intellectual Property, whether copyright, patent, trade secret, trademark or otherwise, other than the limited right to use the Aeris Site, Documentation and Aeris Services as stated in these Terms and to use any software embedded on any SIM Cards for its ordinary function. Except for the rights granted to Your Data, we have no interest in or right to use any of Your Data or any other Intellectual Property rights. “Aeris”, “AerCloud”, the Aeris logo and any other trademarks identified on any Aeris Site or Aeris marketing materials as belonging to us can only be used with our written permission. Any other trademarks that we use are the registered and unregistered trademarks of their respective holders.
3. Ownership of Confidential Information. We agree that, except as expressly provided above, we each own our own Confidential Information.
Confidentiality.
1. Duty to Protect and Restriction on Disclosure or Use. We each agree to use at least a reasonable degree of care to protect any Confidential Information of the other party in our possession and to use that Confidential Information only for purposes related to your use of or our provision of Aeris Services. We agree not to disclose the other party’s Confidential Information without the disclosing party’s consent, other than to our employees or consultants who need to know and who are bound by appropriate confidentiality obligations.
2. Term of Obligations. We will each adhere to these obligations of confidentiality for three (3) years after any particular Confidential Information of the other party is disclosed to us.
3. Exclusions. These obligations will not apply to any Confidential Information of a disclosing party that was (i) rightfully in a receiving party’s possession before being disclosed by the disclosing party, or that became publicly known after disclosure not due to any action of the receiving party; (ii) that was given to the receiving party by someone reasonably understood to have the right to disclose it; (iii) that was developed independently by the receiving party without access to the Confidential Information; or (iv) that the receiving party is required to disclose by court order or otherwise, provided that the receiving party promptly notifies the disclosing party of the requirement.
Limitation of Liability.
1. Excluded Damages and Losses. Neither party will have any liability for any indirect, special, consequential or punitive damages or for any loss of data, profit, business or other economic advantage arising out of a Wireless Services Agreement or your use of any Aeris Services, even if that party was aware of the possibility of such damage or loss.
2. Liability Cap. For any non-excluded damages, the liability of one party to the other for any losses in any twelve (12) month period will not exceed the greater of (i) $5,000 or (ii) the total fees that you paid us for the relevant Aeris Services in twelve (12) months prior to the date on which any liability arose.
3. No Limitation for Certain Breaches. The foregoing exclusion and liability cap will not apply to any liability arising out of the breach by a party of any of its obligations concerning data privacy or confidentiality or any violation by you, your Service Users or your End Users of the Acceptable Use Policy or Community Forum Policy.
4. No Liability for Coverage Availability. You understand that the availability of signal from given carriers in any given area depends on a combination of Device capabilities and facilities, the actions of Carrier Partners and their roaming partners and the availability of roaming service on commercially reasonable terms. We and our Carrier Partners may modify the carriers on whom roaming is permitted, which may result in loss of coverage for certain countries or geographic areas, and may implement algorithms preferring certain carriers, which may affect coverage. Aeris Services may also be limited or interrupted by such factors as buildings, weather, topography, usage by other parties or maintenance activities by us or Carrier Partners. Neither we nor the Carrier Partners will have any liability to you, any End User or other third parties for any such limitation or interruption of Aeris Services.
5. No Liability for Interception of Application Data. Neither we nor Carrier Partners can guarantee the privacy or security of any transmission using Wireless Services. The possibility exists that third parties may be able to intercept Application Data without the knowledge or permission of you, Aeris or any Carrier Partner, and that you bear primary responsibility for encrypting Your Data. You agree that we and the Carrier Partners will not be liable to you, any End User or other third party for interception or unauthorized use of any Application Data.
6. This Limitation is Fundamental to the Economic Relationship. The foregoing limitation of liability of each party is essential to our economic relationship, and the prices and other terms on which Aeris Services would be available would be different without it.
Obligations to Third Parties.
1. Obligations Applicable to Service Users and End Users. You will be responsible for ensuring that your Service Users and End Users comply with these Terms, any other terms of use applicable to the Aeris Services, the Requirements, the Acceptable Use Policy and the Community Forum Policy.
2. No Obligations of Aeris to End Users. You agree that we have no contractual relationship with or any obligations to your End Users for operation of any services you provide that rely on or incorporate any Aeris Service or for the privacy of any data of your End Users. You will have the sole responsibility to provide first line support to your End Users and for liability arising out of any use or failure of the services that you provide, even if this failure is due to a failure of the Aeris Services. You will not make any promises or representations to any End Users inconsistent with these Terms, any Wireless Services Agreement or any other terms of use applicable to the Aeris Services you use.
3. No Liability of Carrier Partners. You agree that the Carrier Partners have no contractual relationship with or any obligations to you or any of your End Users, and that you and your End Users will have no claim under any legal theory against any Carrier Partner for any use of or failure of the Aeris Services or any damage, including death or personal injury, arising out of such use or failure. In addition, you understand that the geographic areas in which coverage is available may change as described in Section 7.d, and that Carrier Partners will have no liability to you or any End Users for any such change. We will provide our customers with as much notice as possible by posting notice at the Aeris Site of any change that is reasonably expected to materially reduce the availability of or materially increase the cost of Aeris Services in any region.
Support and Disclaimer of Warranties. Unless otherwise provided in any Wireless Services Agreement or other terms of use or agreement with Aeris, the Aeris Services are provided “as is”, and Aeris disclaims all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement or quiet enjoyment as well as any warranties arising out of course of dealing or usage of trade.
Governing Law, Jurisdiction and Venue; Injunctive Relief. Unless a Wireless Services Agreement specifies otherwise, these Terms and your use of the Aeris Services will be governed by the internal laws of the State of California, U.S.A. without regard to its conflicts of laws or choice of law rules. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The state and federal courts in Santa Clara County, California, USA will be the exclusive jurisdiction and venue for all legal proceedings under these Terms, except that either of us may seek injunctive relief in any court of competent jurisdiction to prevent or limit any damage that could be irreparable, including damage arising out of a breach of confidentiality or data privacy obligations or a violation of the Acceptable Use Policy.
English Language. All communications and notices between us must be in the English language. Any translation of the Wireless Services Agreement, these Terms, any other policies, terms of use, or other Documentation into a language other than English is made for your convenience, and in the event of any conflict between a translation and our original English language version, the English language version will control.
Notices. Notices to you may be given as specifically allowed in these Terms. Any other notice to you will be sent to the email address associated with your Account or by regular mail to the physical address associated with your Account. Any notice to us must be sent to Aeris Communications, Inc. to the attention of the Legal Department and should be sent by fax to 408-557-1925 or by overnight courier or registered or certified mail to 2350 Mission College Blvd., Suite 600, Santa Clara, CA 95054-1574.
Dispute Resolution. Except for any injunctive relief one of us may seek as permitted above, we agree that, in the event of a dispute relating to the breach, enforcement or interpretation of these Terms, the Wireless Services Agreement or other terms of use applicable to any Aeris Services you use, an officer of Aeris and you or, if you are an entity, one or your responsible representatives will first work in good faith to negotiate and resolve such dispute. If we are not able to resolve the dispute within twenty (20) business days, then we agree to submit the dispute to binding arbitration as follows. The proceeding will take place in San Francisco, California before three arbitrators and will be administered by JAMS, Inc. pursuant to its Comprehensive Arbitration Rules and Procedures. Within ten (10) business days after JAMS issues notice of the commencement of arbitration, each of us will select, from an approved list, one person to act as arbitrator, and the two so selected will select a third arbitrator within an additional ten (10) business days of the commencement of the arbitration. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator within the allotted time, the third arbitrator will be appointed by JAMS in accordance with its rules. We will maintain the confidential nature of the arbitration process, including any resulting award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a judicial challenge to an award or its enforcement or unless otherwise required by law or judicial decision. The arbitrators will award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
Justifiable Excuse. We will not be liable to you or any End User for any delay or failure to perform any obligation on account of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, acts of God, acts of civil or military authority, strikes, fires, riots, wars, embargoes, internet disruptions, hacker attacks or communications failures, provided that we use commercially reasonable efforts to minimize the impact of the force majeure event.
Relationship of the Parties. The relationship between you and us is that of independent contractors, and neither your use of the Aeris Services nor these Terms, any Wireless Services Agreement or other terms of use is intended, or will be construed, to create a partnership, joint venture, or employer-employee relationship or give either party the right to bind the other.
U.S. Government Rights. The Aeris Services are provided to the U.S. Government as “commercial items,” “commercial computer software,” “commercial computer software documentation,” and “technical data” with the same rights and restrictions generally applicable to private parties. If you are using any Aeris Services on behalf of the U.S. Government and these Terms or the terms of any Wireless Services Agreement or other terms of use fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, you will immediately discontinue your use of such Aeris Services. The terms “commercial item” “commercial computer software,” “commercial computer software documentation,” and “technical data” are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement.
Export and Sanctions Laws. You agree not to export any products, services or technical data received from us to any country for which an export license or governmental approval is necessary without first obtaining the license or approval. You represent to us that that you are not located in, organized under the laws of, or controlled by a person or entity located in any country subject to a U.S. or E.U. trade embargo, you do not violate any applicable sanction or embargo laws and regulations, including trade and economic sanctions maintained by the United State Treasury Department’s Office of Foreign Assets Control, you are not listed on, or owned or controlled by any entity or person on, the U.S. Department of Treasury list of Specially Designated Nationals or any similar list in place in any jurisdiction where you conduct business (collectively, “Restricted Persons”), and you will not provide services using the Aeris Services to Restricted Persons.
Entire Agreement. These Terms, together with the Acceptable Use Policy, the Privacy Policy, the Community Forum Policy and, if applicable, the Wireless Services Agreement and other terms of use applicable to the Aeris Services that you use, are the entire agreement between us regarding their subject matter and supersede any prior or contemporaneous understandings or oral or written agreements. None of the foregoing may be modified or amended, including by any purchase order, invoice or other document submitted by you or us, except (a) as provided above for changes by us, and (b) by a written document signed by both of us. If there is any conflict between these Terms on the one hand and a Wireless Services Agreement or the terms of use applicable to a specific Aeris Service, then the Wireless Services Agreement or terms of use applicable to that specific Aeris Service will govern.