Terms of use

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User” or “you”) and 1522665 BC Ltd., trading as Kite Mobile (“Kite”, “we", “us”, or “our”), a company registered under the laws of British Columbia, Canada located 520 -1515 Douglas Street, Victoria, BC, V8W 2G4, Canada. Kite and the User may each be referred to as a “Party” and collectively as the “Parties.”

These Terms govern your access to and use of our websites, including https://www.kitemobile.com (the “Site”), our mobile applications, including the "Kite" application (the “Kite App”), and all related connectivity products and services provided by us (collectively, the “Services”). By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Services.

We may post supplemental terms or documents on the Services from time to time, which are hereby expressly incorporated by reference. We reserve the right to modify these Terms at any time. We undertake to notify you of any proposed changes via email or an in-app notification at least thirty (30) days before they take effect. If you do not accept the modified Terms, you may terminate your use of the Services before the changes take effect. Your continued use of the Services after any modifications signifies your acceptance of the modified Terms.

The Services are not intended for use by individuals under the age of eighteen (18) years. If we learn that we have collected any information relating to an identified or identifiable natural person, as defined by applicable privacy or data protection laws (“Personal Information”) from an individual under eighteen (18) years without parental consent, we will take steps to delete such information as quickly as possible.

1. Services Description. Kite provides an internet connectivity solution enabling Users to access cellular data through embedded Subscriber Identity Module (eSIM) technology (which is a digital SIM that allows you to activate a cellular data plan from a carrier without having to use a physical SIM card, with Kite's connectivity services being enabled by an eSIM profile on the User's device) on mobile phones in Kite's network coverage area. The Services are designed to provide internet access solely through the Kite App.
   1. Free Data Plan. Kite provides Users with limited cellular internet connectivity at no charge. Phone calls and text messaging services are currently not supported. Users can stay connected to the internet through Kite's network coverage area, so long as the User is actively using the Kite App to connect. Connectivity may be limited or unavailable if the User is using another application. Users must maintain the Kite App to access cellular internet connectivity. The Services are optimized for standard internet usage and are not intended for data-intensive activities such as video streaming, large file downloads, online gaming, or high-bandwidth applications. Kite reserves the right to: (a) implement reasonable usage policies and technical limitations to ensure service quality and availability for all Users; and (b) enable or disable Services in any country based on product viability assessments, market conditions, regulatory requirements, or other business considerations without prior notice to Users. Kite makes no guarantee regarding the availability, performance, or compatibility of the Services with specific websites, applications, services, or devices.
   2. Service Availability. While we strive for continuous availability, the Services are provided on an "as is" and "as available" basis without guarantees of uninterrupted or error-free operation. Kite is dependent upon third-party mobile network operators, telecommunications infrastructure, and other external service providers over which the Company has no direct control. Users acknowledge that data connectivity services are supplied by third-party registered Mobile Virtual Network Enablers (MVNE), Mobile Network Operators (MNOs) and/or Mobile Virtual Network Operators (MVNOs) with whom Kite has established commercial arrangements. The availability, quality, and performance of the Services may be affected by factors including but not limited to network congestion, technical limitations, geographical constraints, and the operational status of such third-party networks. Users acknowledge that temporary service interruptions may occur and that such interruptions do not constitute a breach of these Terms. Kite shall not be liable for any service interruptions, network failures, reduced performance, or unavailability of Services caused by or resulting from: (a) third-party network operator failures or maintenance; (b) telecommunications infrastructure issues; (c) force majeure events; (d) governmental actions or regulations; or (e) any other circumstances beyond Kite’s reasonable control.
   3. Scheduled Maintenance. Kite reserves the right to temporarily suspend or restrict Services for scheduled maintenance, system upgrades, security improvements, or other operational requirements. Where reasonably practicable, Kite will provide advance notice of planned maintenance that may materially affect Services availability.
   4. Fair Use Policy. Kite enforces Fair Use for the Services to ensure optimal network performance and equitable access for all Users. “Fair Use” means the reasonable and proportionate usage of the Services by the User in accordance with the intended purpose of the Services, as determined by Kite. Fair Use is intended to prevent excessive, abusive, or fraudulent usage that may adversely affect the performance, availability, or integrity of the Services. To this end, once the User’s high-speed data allowance is reached, data transmission speeds may be throttled until the high-speed data allowance is reset.
   5. Modifications to Services. Kite reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, including but not limited to features, functionality, technical requirements, supported devices, or geographic availability. We will use reasonable efforts to provide advance notice of material changes that significantly impact Services functionality, but we are not obligated to do so. Your continued use of the Services after any modifications constitutes acceptance of such changes.
2. Service Access Technical Requirements. All Services are exclusively available through the Kite App in conjunction with Kite’s eSIM technology. Both components are essential for service functionality. Users must: (a) download, install, and maintain the Kite App on an unlocked and eSIM-compatible device; and (b) successfully install and activate Kite’s eSIM profile on their device to access any Services. The Services cannot be accessed through any other means, including but not limited to web browsers, third-party applications, different mobile apps, or eSIM profiles from other providers.
   1. Device and System Compatibility. The Services require compatible hardware and software configurations. Current technical requirements include: (a) Apple iOS 14.0 or later or Google Android 10.0 or later; (b) eSIM-compatible smartphone or tablet with proper eSIM functionality and carrier unlocking; (c) device support for LTE/4G and 5G cellular bands used by Kite's network partners; and (d) sufficient device storage and processing capability to run the Kite App effectively. Users are solely responsible for verifying device compatibility before attempting service activation. Kite reserves the right to discontinue support for older operating system versions, devices, or hardware configurations at its sole discretion without notice.
   2. eSIM Installation, Activation, and Management. Users must successfully complete the eSIM installation and activation process through the Kite App's integrated provisioning system before accessing connectivity services. The eSIM activation process includes: (a) email verification and account creation; (b) device compatibility verification; (c) eSIM profile download and installation; and (d) network activation and connectivity testing. The eSIM profile must remain active, properly configured, and set as the active data connection on the device for continued service access. Users are responsible for maintaining proper eSIM functionality and may need to reconfigure settings if they modify their device's cellular configuration. If you experience eSIM installation or activation issues, contact our technical support team for assistance.
   3. App Updates and eSIM Management. Users must maintain the most current version of the Kite App and ensure their eSIM profile remains properly configured to continue accessing Services. Kite may require mandatory Kite App updates or eSIM profile updates to ensure service functionality, security, and compliance. Failure to update the Kite App or maintain proper eSIM configuration may result in service interruption or inability to access Services.
   4. Service Access Restrictions. Kite reserves the right to restrict or deny Kite App availability and eSIM provisioning based on various factors, including but not limited to: (a) Users who are residents of countries subject to sanctions by the United States of America, Canada, or United Nations regulations; (b) devices that do not support eSIM technology; (c) regulatory restrictions in specific jurisdictions; (d) technical compatibility limitations; or (e) other business, legal, or operational considerations as determined by Kite’s sole discretion.
   5. Distribution Channels. The Kite App is distributed through authorized application stores and platforms, including the Apple App Store and the Google Play Store. Your use of such third-party platforms is subject to their respective terms of service and privacy policies. Kite does not guarantee continuous availability through any specific distribution channel and reserves the right to modify distribution methods at its sole discretion.
   6. Service Limitations. Services are subject to both Kite App functionality and eSIM connectivity limitations. Kite is not responsible for service limitations arising from device compatibility issues, application store policies, or eSIM technical constraints beyond Kite’s control.
3. Account Registration and Account Security. To use the Services, you must complete the registration process within the Kite App by providing a valid email address. Upon submission of your email address, you will receive a verification email. You must follow the link in the verification email to authenticate your identity, activate your eSIM, and create your user account to access and manage our Services (your "Account"). This process is mandatory for account creation and access to the Services. By completing this step, you confirm that the email address provided is accurate and that you are authorized to use it. You agree not to use an email address that is false, temporary, or belongs to another individual without their express permission. You are responsible for maintaining the confidentiality of the verification email sent to your device and for all activity conducted under your registered identity. We reserve the right to suspend or terminate access if we suspect misuse, impersonation, or unauthorized access attempts. Failure to complete the verification process will result in the inability to access or use the Services.
4. User Obligations and Prohibited Activities. By using the Services, you represent and warrant that you will comply with all applicable laws and regulations and will not engage in any prohibited activities. You agree not to: (1) access the Services through automated means, bots, or scripts (except standard browser usage); (2) bypass, disable, or interfere with security features or access restrictions; (3) upload or transmit malicious code, viruses, or other harmful software; (4) reverse engineer, decompile, or modify the Services' software without authorization; (5) disrupt, interfere with, or place excessive burden on the Services or connected networks; (6) use the Services for unlawful purposes or violate any applicable laws; (7) engage in deceptive, fraudulent, or misleading conduct; (8) impersonate another user, person, or entity; (9) create fake or automated accounts; (10) use false, temporary, or unauthorized email addresses; (11) extract data to assemble compilations or databases without written consent; (12) remove copyright, trademark, or proprietary rights notices; (13) use information from the Services to harass, abuse, or harm others; (14) harvest user data for unsolicited communications; (15) use the Services to compete with Kite's business; (16) engage in revenue-generating activities not approved by Kite; (17) sell, transfer, or assign your Account without consent; (18) use third-party purchasing agents for transactions; (19) make statements or take actions that damage Kite's reputation; (20) misuse customer support channels or submit false reports; (21) frame or link to the Services without authorization; or (22) harass, intimidate, or threaten Kite staff or representatives. Any breach of these obligations may result in suspension or termination of your Services and Account.
5. Termination and Suspension.
   1. Termination by User. You may terminate your use of the Services at any time by: (a) deleting the Kite App from your device; and (b) deactivating the Kite eSIM profile. Upon termination by you, your access to the Services will cease immediately, but these Terms will continue to apply to any prior use of the Services.
   2. Termination by Kite. We may suspend or terminate your access to the Services immediately without prior notice if: (a) you engage in activities that (i) violate applicable laws or regulations, (ii) pose an immediate threat to the security, integrity, or operation of our Services or networks, (iii) constitute fraud, impersonation, or other deceptive practices, (iv) involve unauthorized access to our systems or other users' accounts, or (v) constitute Service Abuse as defined in Section 6 that cannot be remediated; or (b) you materially breach these Terms and such breach is not capable of being cured.
   3. Termination by Kite with Notice. For non-material breaches or policy violations that are capable of being cured, we will: (a) provide you with written notice (via email to your registered email address) specifying the nature of the breach or violation; and (b) allow you seven (7) days from the date of notice to remedy the breach or violation. If you fail to cure the breach within the cure period, we may terminate your access to the Services.
   4. Suspension Procedures. Before terminating your account, we may first suspend your access to the Services. During suspension: (a) you will receive written notice of the suspension; (b) you will have the opportunity to address the issues that led to suspension; (c) suspension will be lifted upon satisfactory resolution of the underlying issues; and (d) suspension periods will not exceed thirty (30) days, after which your account may be terminated if issues remain unresolved.
   5. Appeal Process. If your account is suspended or terminated, you may appeal the decision by: (a) contacting us in writing within seven (7) days of the suspension or termination; and (b) providing any relevant information or evidence regarding the circumstances. We will review your appeal in good faith and respond within fifteen (15) days.
   6. Effect of Termination. Upon termination of your access to the Services: (a) your right to use the Services will cease immediately; (b) we may delete your Account; (c) sections of these Terms that by their nature should survive termination will remain in effect, including but not limited to intellectual property rights, limitation of liability, indemnification, and dispute resolution provisions.
   7. No Refunds. Since the Services are provided free of charge, no refunds are applicable upon termination.
6. Service Abuse. Our systems monitor data consumption to ensure it aligns with these Terms. If our systems detect that technical measures, such as firewalls, have been bypassed to consume data beyond what is permitted by these Terms (“Service Abuse”), your account will be automatically blocked. This measure protects our network integrity and ensures Fair Use for all users.
7. Advertising and Third-Party Content. Kite is supported by advertising revenue. By using our Services, you acknowledge and agree that we may display advertisements, promotional content, and marketing materials within the Services. These advertisements may appear in various formats and locations throughout the platform.
   1. Types of Advertising. Our advertising may include: (i) partner advertisements: sponsored content from our advertising partners with whom we have direct commercial relationships; and/or (ii) third-party network advertisements: sponsored content served through advertising networks or platforms where we may have no direct relationship with the individual advertisers (collectively, “Advertisers”). Our advertising may be delivered through various methods, including programmatic platforms, real-time bidding systems, location-based targeting (including geofencing), and behavioral targeting based on your Service usage and interests.
   2. Third-Party Advertiser Disclaimer. We do not endorse, warrant, or guarantee any products, services, or content advertised through our Services. Advertisements from Advertisers are provided solely for informational purposes. Any interactions, transactions, or relationships you establish with Advertisers are solely between you and such Advertisers. We are not responsible for: (a) the accuracy, completeness, or reliability of any Advertiser content; (b) any products, services, or content offered by Advertisers; (c) any transactions between you and Advertisers; or (d) any damages, losses, or disputes arising from your interactions with Advertisers.
   3. User Responsibility. Users acknowledge and agree that they are solely responsible for evaluating and verifying any Advertiser’s offerings before engaging in any transactions or providing any Personal Information.
   4. Changes to Advertising. We reserve the right to modify our advertising practices, including the types, frequency, and placement of advertisements, at any time without prior notice.
8. Privacy and Data Protection. Your Personal Information will be processed in accordance with our Privacy Policy, which is incorporated into these Terms by reference and forms an integral part of this agreement. By using the Services, you acknowledge that you have read and understood our Privacy Policy and consent to the collection, use, disclosure, and processing of your Personal Information as described therein. You warrant that all Personal Information provided to us is accurate, complete, and current.
9. Intellectual Property.
   1. Kite's Intellectual Property Rights. All intellectual property rights in and to the Services, including but not limited to the Kite App, eSIM technology, software, algorithms, user interfaces, designs, graphics, logos, trademarks, service marks, trade names, copyrights, patents, trade secrets, proprietary technology, and all related documentation and materials, remain the exclusive property of Kite or its licensors. No rights, title, or interest in any intellectual property are transferred to you through these Terms or your use of the Services.
   2. Limited License to Users. Subject to your compliance with these Terms, Kite grants you a limited, non-exclusive, non-transferable, revocable license to: (a) download, install, and use the Kite App on your personal device solely for accessing the Services; and (b) use the Services for their intended purpose as described in these Terms. This license does not permit you to sublicense, distribute, or make the Services available to third parties.
   3. User Restrictions. You may not, and may not permit others to: (a) reproduce, reverse-engineer, decompile, disassemble, modify, adapt, or create derivative works of any part of the Services; (b) distribute, sell, lease, rent, lend, or otherwise transfer the Services or any portion thereof; (c) remove, alter, or obscure any proprietary notices, labels, or marks on the Services; (d) use the Services to develop competing products or services; or (e) access the Services' source code or attempt to extract or derive the source code, except where expressly permitted by applicable law that cannot be waived by contract.
   4. User-Generated Content. If you submit, post, or transmit any content through the Services ("User Content"), you retain ownership of your intellectual property rights in such User Content. However, by submitting User Content, you grant Kite a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, and display such User Content solely for the purpose of providing and improving the Services.
   5. Feedback and Suggestions. Any feedback, suggestions, ideas, or other information you provide to Kite regarding the Services (“Feedback”) will be deemed non-confidential and non-proprietary. You hereby assign to Kite all rights in such Feedback and agree that Kite may use and implement such Feedback without restriction or obligation to you.
   6. Third-Party Intellectual Property. The Services may incorporate or provide access to third-party software, content, or services that are subject to separate intellectual property rights. Your use of such third-party materials is subject to the applicable third-party terms and conditions.
   7. DMCA Compliance. Kite respects the intellectual property rights of others and expects users to do the same. If you believe that your copyrighted work has been infringed through the Services, please provide written notice to our designated copyright agent at legal@kitemobile.com with the information required under the Digital Millennium Copyright Act (DMCA).
   8. Trademark Usage. “Kite,” “Kite Mobile,” and related logos and marks are trademarks of Kite. You may not use these trademarks without our prior written consent. All other trademarks, service marks, and logos used in the Services are the property of their respective owners.
10. Indemnification.
    1. User Indemnification. You agree to defend, indemnify, and hold harmless Kite, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your willful misconduct or gross negligence in connection with your use of the Services; (b) your breach of these Terms; (c) your violation of applicable laws or regulations while using the Services; (d) your infringement of any third party's intellectual property rights, privacy rights, or other proprietary rights; (e) any false, misleading, or defamatory statements you make about Kite, the Services, or other users; (f) your unauthorized use of another person's account, identity, or personal information; or (g) any third-party claims arising from content you submit, post, or transmit through the Services.
    2. Limitations on User Indemnification. Your indemnification obligations under Section 10.1 shall not apply to claims arising from: (a) Kite's own gross negligence, or willful misconduct; (b) Kite's breach of these Terms or violation of applicable laws; and (c) any matter for which Kite is required to indemnify you under Section 10.3.
    3. Kite Indemnification. Kite agrees to defend, indemnify, and hold you harmless from and against any third-party claims alleging that your authorized use of the Services as permitted under these Terms infringes any valid patent, copyright, or trademark, provided that you promptly notify Kite in writing of any such claim, grant Kite sole control of the defense and settlement of such claim, and provide reasonable cooperation in the defense of such claim.
    4. Indemnification Procedures. The party seeking indemnification must provide written notice of any claim within fifteen (15) days of becoming aware of it, reasonably cooperate with the indemnifying party in the defense of the claim, and allow the indemnifying party to control the defense and settlement, provided that no settlement admitting fault or liability on behalf of the indemnified party may be made without the indemnified party's written consent.
11. Limitation of Liability. Subject to the exceptions set forth in Section 11.1 below, Kite's liability is limited to the foreseeable, personal and existing damage resulting from our liability for our own intent, gross negligence or the non-performance of a principal obligation of this contract. To the extent permitted by applicable law, we are not liable for indirect, incidental, punitive, or consequential damages resulting from failure and/or malfunction of the Services.
    1. Exceptions to Liability Limitations. Nothing in these Terms shall limit or exclude Kite's liability for (a) death or personal injury caused by Kite's negligence or that of its employees, agents, or subcontractors; (b) fraud or fraudulent misrepresentation by Kite; (c) gross negligence or willful misconduct by Kite; (d) consumer rights that cannot be excluded or limited under applicable consumer protection legislation; (e) statutory rights that cannot be waived under mandatory provisions of applicable law; or (f) any other liability that cannot be excluded or limited under applicable law.
    2. Service Interruption Limitations. We are not liable for damage resulting from service interruptions, network failures, reduced performance, or unavailability of Services caused by or resulting from: (i) third-party network operator failures or maintenance; (ii) telecommunications infrastructure issues; (iii) force majeure events; (iv) governmental actions or regulations; (v) natural disasters; or (vi) any other circumstances beyond Kite's reasonable control.
    3. Monetary Cap. To the extent permitted by law and subject to the exceptions in Section 11.1, Kite's total aggregate liability for all claims arising out of or relating to these Terms or the Services shall not exceed CAD $100.
12. Consumer Protection and Statutory Rights. Kite acknowledges that you may have rights under applicable consumer protection legislation that cannot be excluded, restricted, or modified by these Terms. Where such consumer protection laws apply, those laws will take precedence over any conflicting provisions in these Terms. To the extent that any provision of these Terms is inconsistent with a consumer protection law that cannot be excluded, that provision will not apply to the extent of the inconsistency. Nothing in these Terms is intended to exclude, restrict, or modify any consumer rights that cannot be excluded, restricted, or modified under applicable law. Where we are permitted to limit our liability for breach of a consumer guarantee or other consumer protection law, our liability is limited to, at our option, CAD $100, resupplying the services, or paying the cost of having the services resupplied. If you believe that we have breached any consumer protection law or that any provision of these Terms is unfair or unconscionable, you may have the right to seek remedies through consumer protection agencies, ombudsman services, or courts in your jurisdiction. We encourage you to contact us first to attempt to resolve any concerns, but this does not limit your rights to pursue other remedies available under applicable law.
13. Governing Law and Dispute Resolution. These Terms, and all claims related to it, or the performance by both Parties under it, shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein, except any principles regarding conflicts of law rules. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. You hereby irrevocably attorn and submit to the exclusive jurisdiction of the courts of British Columbia, and any competent Courts of Appeal therefrom with respect to all disputes arising out of or in connection with these Terms or in respect of any legal relationship associated with or derived from these Terms and expressly and irrevocably waive any defense of personal and/or subject matter jurisdiction in those courts and any claims on the grounds of inconvenient forum. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST KITE ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
14. Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect. If the severed provision is essential to the performance of these Terms, the Parties agree to negotiate in good faith to replace the invalid provision with a valid provision that achieves the same commercial purpose.
15. Equitable Relief. You agree that a material breach of these Terms by you would cause irreparable injury to Kite for which there may be no adequate remedy at law. Kite shall have the right to apply to any court of competent jurisdiction for injunctive relief and specific performance, without prejudice to any remedies available to it at law or in equity.
16. No Waiver. No term or condition of these Terms will be deemed waived, and no breach excused, unless such waiver or consent is in writing and signed by Kite. The failure of Kite to enforce at any time any of the provisions of these Terms, or the failure to require at any time performance by you of any of the provisions of these Terms, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of Kite to enforce each and every such provision thereafter. Any waiver of any provision of these Terms will be effective only in the specific instance and for the specific purpose for which given. No single or partial exercise of any right, remedy, power, or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
17. Headings. The headings in these Terms are for convenience only and do not affect the meaning or interpretation of any provision.
18. Entire Agreement. These Terms, together with our Privacy Policy and any other policies or agreements expressly incorporated by reference, constitute the entire agreement between you and Kite regarding the Services and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral, relating to the subject matter hereof. No modification of these Terms shall be effective unless made in writing and signed by both parties, except as otherwise provided herein regarding Kite's right to modify these Terms.