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Terms of Service

LAST UPDATED: September 26, 2025

These Terms of Service (“Agreement”) govern your (“Customer,” “you”) access to and use of the services offered by Skye Telecom LLC (“Skyetel,” “we,” “us,” “our”), including all hardware, software, interfaces, APIs, and other systems by which Skyetel provides network, VoIP, messaging, telephony, and related services (collectively, the “Services”). By using or subscribing to the Services, you agree to be bound by this Agreement and Skyetel’s Acceptable Use Policy (incorporated herein by reference).

  1. Eligibility, Account Administration & Authorization
    1. Eligibility & Payment Method
    2. You may access and use the Services only if (a) you are able to form legally binding contracts, (b) your account is in good standing, and (c) you maintain a valid, authorized payment method on file.
    3. Administrator Role & Delegation
    4. When you open an account, you must designate one or more Administrators who may:
      The Administrator’s email is the primary channel for official correspondence. To reassign the Administrator, you must submit a request via that Administrator’s email or in writing on your company letterhead signed by an authorized officer.
      • Add or remove Services
      • Assign or reassign account permissions
      • Update billing information
      • Request porting of telephone numbers, including port-outs
    5. Port-Out Authorization & Security Safeguard
    6. As part of our commitment to safeguarding both our direct customers and their end users, Skyetel has instituted a port-out PIN requirement on all telephone numbers. Any request to port a number away from Skyetel will require the correct PIN before Skyetel will honor that request. This security measure aims to prevent unauthorized porting and protect against illicit access or theft of numbers.
  2. Service Changes, Modifications & Pricing
    1. Right to Modify Services or Terms
    2. Skyetel may, at its discretion, modify or discontinue features, service plans, or the Services themselves. We will make commercially reasonable efforts to provide at least thirty (30) days’ advance notice of material changes.
    3. Rate Adjustments & Notifications
    4. We may also adjust pricing (e.g., in response to regulatory or cost changes). You agree to pay the then-current rates for Services used. Rate changes will be communicated via your portal, email, or other reasonable means.
  3. Billing & Payment
    1. Prepaid & Usage-Based Billing
    2. Skyetel primarily operates on a prepaid model. You agree to maintain sufficient funds in your account; failure to do so may result in immediate suspension of Services. Recurring and non-recurring fees, usage charges, porting fees, activation fees, and government/regulatory pass-through fees (e.g., USF, e911 fees) are all non-refundable once charged.
    3. Automatic Top-Up
    4. When your balance falls below a configurable low-balance threshold (default: $100), we may automatically charge your credit card to restore your account to a set top-up amount.
    5. Late Payments & Collection Costs
    6. If payment is more than thirty (30) days overdue, a late fee of 1.5% per month (or the maximum lawful rate) may be assessed, plus any costs incurred in collection (including legal fees).
    7. Credit Balance Inactivity
    8. If your account shows no activity for 180 consecutive days, we reserve the right to forfeit unused credit balances.
  4. Availability & Service Level (SLA)
    1. Uptime Commitment
    2. Skyetel will use commercially reasonable efforts to maintain a 99.9% Monthly Uptime Percentage for the Services, excluding Scheduled Downtime, Peer Outages, and Emergency Downtime.
    3. Service Credits
    4. If we fail to meet the SLA, you may request service credits, which apply only to the affected services and must be claimed within 30 days. The maximum aggregate credit per month is 30 days’ worth of service.
    5. Exclusions & Limitations
    6. The SLA does not apply to: service disruptions outside our control, your equipment or third-party systems, international calling, and situations caused by your actions or negligence.
  5. Number Porting
    1. Authorization & Execution
    2. You authorize Skyetel and its agents to initiate porting requests on your behalf as reasonably necessary.
    3. Protection Against Unauthorized Porting
    4. In addition to the port-out PIN requirement in Section 1.3, all porting operations must adhere to relevant regulatory procedures. Skyetel will not approve a port-out without valid authorization and verification in accordance with industry rules.
    5. Limitation of Liability
    6. You release Skyetel from liability for delays, interruptions, or lost numbers if caused by third parties (e.g., carriers, regulators) or technical difficulties beyond our control.
  6. Use Restrictions & Compliance
    1. Permitted Uses & Legal Compliance
    2. You shall use the Services only in compliance with all applicable laws and regulations (e.g., relating to telemarketing, call recording, data protection).
    3. Prohibited Content & Activity
    4. You may not use Services to transmit illegal or regulated content (e.g., unsolicited spam, debt collection messages, financial scams, hate speech, gambling solicitations, controlled substance promotion). Violation of these restrictions may result in fines and/or immediate termination.
    5. Fraud & Security
    6. You are responsible for securing all credentials, devices, and network setup. Unauthorized, fraudulent, or prohibited use is a material breach. We reserve the right to block traffic or suspend service without notice to mitigate fraud.
  7. Emergency & E911 Services
    1. 911 Address & Activation
    2. E911 is disabled by default and must be activated by you with 30 days’ notice. You must provide a physical street address (not a PO Box).
    3. Limitations & Disclaimers
    4. We make no guarantee that 911 calls will be routed identically to traditional lines. Service outages, power failures, misrouting, or technical limitations may prevent or degrade 911 functionality.
    5. Indemnification & Liability
    6. You agree to indemnify Skyetel against claims or losses arising from your failure to properly enable or maintain E911 settings, misrouting of 911 calls, or inability to reach emergency services.
  8. Intellectual Property & Usage Restrictions
    • You shall not reverse engineer, disassemble, decompile, or otherwise attempt to derive source or underlying structure of the Services.
    • You may not sublicense, resell, assign, distribute, or transfer the Services except as expressly permitted under this Agreement.
    • All feedback or suggestions you provide become Skyetel’s sole property.
  9. Confidentiality

    Both parties shall treat as confidential any non-public information disclosed under this Agreement (including rates, usage data, technical information). Disclosure may only occur (a) with consent, or (b) pursuant to legal process, in which case prompt notice must be given to the other party to seek protective measures.

  10. Dispute Resolution & Governing Law
    1. Arbitration
    2. Except for injunctive relief relating to IP rights, disputes will be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association, held in or near Boca Raton, Florida. The arbitrator shall apply Florida law (excluding conflict-of-law rules).
    3. Waiver of Jury Trial
    4. The parties waive the right to a jury trial in favor of arbitration.
    5. Attorney’s Fees
    6. The prevailing party in arbitration or litigation enforcing an award may be awarded reasonable attorneys’ fees and costs.
  11. Limitation of Liability, Warranty & Indemnification
    1. Limitation of Liability
    2. EXCEPT FOR SKYETEL’S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, SKYETEL WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (including lost profits, lost business, or data loss), even if advised of the possibility thereof.
    3. Skyetel’s total liability under this Agreement for all claims shall not exceed the total amount paid by you in the six (6) months preceding the event giving rise to the claim.
    4. Warranty Disclaimer
    5. Except as expressly stated herein, the Services, software, and equipment are provided “AS IS” without warranties of any kind (express or implied), including merchantability, fitness for a particular purpose, accuracy, non-infringement, or title.
    6. Indemnification
    7. You agree to defend, indemnify, and hold harmless Skyetel and its affiliates, officers, employees, and agents from any loss, liability, damages, or costs (including reasonable attorneys’ fees) arising from:
      • Your breach of this Agreement
      • Your use of the Services
      • Claims of infringement or regulatory violations based on your actions
  12. Termination & Survival
    1. Termination for Convenience
    2. Either party may terminate this Agreement by providing thirty (30) days’ written notice.
    3. Suspension & Termination for Cause
    4. Skyetel may suspend or terminate service immediately (without notice) upon breach, fraud, illegal activity, or violation of this Agreement, including the Acceptable Use Policy.
    5. Effect of Termination
    6. Upon termination:
      • All outstanding charges become immediately due
      • Your telephone numbers will be reclaimed
      • Confidentiality, indemnification, limitation of liability, warranties, and other sections that logically survive termination will remain in force.
  13. Miscellaneous
    • Entire Agreement: This Agreement, together with your Service Order and any attachments, constitutes the entire agreement between the parties and supersedes all prior agreements.
    • Severability: If any provision is held invalid, the remainder remains enforceable.
    • Waiver: Failure to enforce a right is not a waiver of that right.
    • Notices & Updates: You are responsible for maintaining current contact information and regularly reviewing posted terms.