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  • Terms of Use

    1. ACCEPTANCE OF TERMS

    These Terms of Use (“Terms”) apply to the Kymeta Corporation (“Kymeta”) website, Kymetacorp.com, and its associated webpages (the “Website”) and your access to and use of the information, content and ancillary services; including, but not limited to, communications forums (“Forums”), technical support, and product information (together “Resources”) made available on or through the Website. Kymeta reserves the right to modify, suspend or terminate the Website or Resources from time to time at its sole discretion and without notice. Please read these Terms carefully before using the Website. By accessing or using the Website or Resources you accept and agree to be legally bound to these Terms, as may be amended or supplemented from time to time in Kymeta’s sole discretion, and you agree to all operating rules and/or policies of Kymeta. All such rules and policies, including without limitation, Kymeta’s Privacy Policy, are hereby incorporated into these Terms by this reference.

    If you do not agree to all of these terms, please do not ACCESS OR use the Website OR ANY OF THE RESOURCES.

    If you are using the Website or Resources on behalf of your employer, you represent to Kymeta that you are authorized to accept these Terms on your employer’s behalf. If you are using or otherwise participating in Kymeta Forums, you represent to Kymeta that you are at least 18 years of age.

    2. YOUR OBLIGATIONS

    In consideration of your use of the Website and/or Resources, you agree to be solely responsible for providing true, accurate, current, and complete information about you if prompted by the Website or Resources. Kymeta is not liable for any unauthorized use of the Website or Resources, including Forums. You acknowledge and agree that certain Resources may provide password-restricted access to information such as names and certain terms of your existing contracts to assist you in purchasing, maintaining and/or supporting your Kymeta products. By using the Website and registering for the Resources, you consent to Kymeta’s display of such information via the Resources and accept all risks of unauthorized access to such information. If you provide any information that is false, inaccurate, out of date, or incomplete, or Kymeta has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, Kymeta may suspend or terminate your account and/or refuse any and all current or future use of, or access to, the Resources (or any portion thereof).

    3. CONFIDENTIALITY OF KYMETA INFORMATION

    3.1 You acknowledge that you may obtain direct access via the Website and/or Resources to certain Kymeta business, technical, product, proprietary or trade secret information (“Confidential Information”). You must hold Confidential Information in strict confidence and may provide Confidential Information to only employees in your organization and only on a need-to-know basis. You may use the Confidential Information solely for the purpose of purchasing, maintaining, and supporting your Kymeta products. Between Kymeta and yourself, Kymeta is and will always remain the sole owner of Confidential Information. You agree, either as an individual or on behalf of your employer, to be bound by the provisions of this Section 3. Furthermore, if you are acting on behalf of your employer, your employer agrees to remain liable for your violations of this Section 3.

    3.2 You do not acquire any rights in or to Confidential Information, except the limited right to use the Confidential Information as described above.

    3.3 Any breach of the this Section 3 will result in irreparable harm to Kymeta for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Kymeta will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Kymeta seeks such an injunction.

    3.4 Upon termination of the Terms or Kymeta’s written request, you must cease use of any Confidential Information and return or destroy all Confidential Information.

    3.5 The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed, or knew, prior to your receipt from Kymeta, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed the Confidential Information without the use of the Confidential Information and without the participation of individuals who have had access to Confidential Information, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Kymeta adequate to afford Kymeta the opportunity to object to the disclosure.

    4. User CONDUCT

    4.1 You understand that all information, data, text, messages, or other materials (such as comments, ideas or suggestions for new or improved products, technologies, marketing/advertising campaigns or product names, data, articles, documents, discussion forum threads, blog entries, computer code, software sample code, source code, scripts, patches, bug fixes, binaries or executables), whether publicly posted or privately transmitted by a user (“User Content”), on the Website or Resources, that you access is done so at your sole risk and responsibility. This means that you, and not Kymeta, are entirely responsible for your use of User Content. Kymeta does not control the User Content posted via the Website or Resources and, as such, does not guarantee the accuracy, integrity, or quality of such User Content. Kymeta assumes no responsibility or liability over the sharing of or use of User Content among users.

    4.2 By submitting the User Content to the Website or Resources or to Kymeta for inclusion on the Website or Resources, you grant Kymeta and all other users of the Website and/or Resources a perpetual, unlimited, worldwide, non-exclusive, no-charge, royalty-free, irrevocable license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, distribute and use in any way (including commercial uses) the User Content (including in digital form). In granting the license above, you represent and warrant that you either own or have all the necessary intellectual property rights necessary to grant the license in and to the User Content uploaded. You agree to indemnify and hold Kymeta harmless from any third-party allegation of infringement based upon Kymeta’s use of the User Content or the presence of the User Content on the Website or Resources. Do not post, upload, submit or otherwise provide User Content to the Website or Resources that are protected by the intellectual property rights of others.

    4.3 Unless otherwise explicitly stated, herein, any User Content provided by you in connection with this Website shall be deemed to be provided on a non-proprietary and non-confidential basis. Kymeta shall have no obligation of any kind with respect to such User Content and shall be free to use or disseminate such User Content on an unrestricted basis for any purpose. 4.4 You acknowledge that you are responsible for the User Content that you submit, and you, not Kymeta, has full responsibility for the User Content, including its legality, reliability, appropriateness, originality and copyright including email messages, newsgroup postings, chat, and personal or business web pages.

    4.5 You agree not to use the Website or Resources in any way for spamming or to transmit chain letters, junk email or bulk communications. Furthermore, you agree not to transmit unsolicited or bulk communications to any Kymeta account holder or to any Kymetacorp.com email address (regardless of whether you use the Website to transmit any such communication). In the event of such spamming, Kymeta is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Kymeta reserves the right to block, filter or delete unsolicited email.

    4.6 You agree not to use any Kymeta domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service; and you may not pretend to be someone else or spoof their identity when using the Website or Resources.

    4.7 You agree not to use the Website or Resources for any unlawful activities not otherwise covered above. Additionally, you agree NOT to use the Website or Resources to:

    • (a) impersonate any person or entity, including, but not limited to, a Kymeta official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    • (b) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information or User Content transmitted through the Website or Resources or develop hidden pages or images (those not linked to Kymetacorp.com from another accessible page);
    • (c) upload, post or otherwise transmit any User Content that you do not have a right to transmit to the public under any law or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • (d) upload, post or otherwise transmit any material that contains software viruses, worms, Trojan horses or other malicious, illegal or unlawful code, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • (e) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Website or Resources are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
    • (f) post, publish, or distribute any radical, defamatory, harassing, violent, obscene, infringing, pornographic (including child pornography), or other unlawful material or information;
    • (g) intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law; or
    • (h) collect or store personal data about other users.

    4.8 Kymeta reserves the right, in its sole discretion, for any reason, and without warning or notice, to edit or remove User Content or your access to the Website or Resources. Violation of the restrictions set forth in this Section or otherwise herein (“Restrictions”) may also result in the termination or suspension of your account and/or access to the Website or the Resources (including passwords). These Restrictions apply to all User Content provided to or through the Website or Resources and all use of the Website or any Resources.

    5. INDEMNITY

    You agree to indemnify and hold Kymeta, and its subsidiaries, affiliates, officers, agents, co-branders, alliance members, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your User Content, your use of the Website or Resources, including any use by your employees, your connection to the Website or Resources, your violation of the Terms, or your violation of any rights of another.

    6. NOTICES; MODIFICATION AND TERMINATION

    Kymeta may provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Website or Resources. Kymeta will not be liable to you or any third-party for any termination, modification, or suspension of the Website or Resources.

    7. ADVERTISEMENTS AND PROMOTIONS

    Kymeta may run advertisements and promotions from third parties on the Website or Resources. Kymeta makes no warranty or representation as to the content or accuracy of any such advertisement or promotion or regarding any products or services of such advertiser. Any correspondence or business dealings with, or participation in promotions of, advertisers other than Kymeta found on or through the Website or Resources, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Kymeta is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Kymeta advertisers on the Website.

    8. LINKS

    8.1 The Website or Resources may provide, or third parties may provide, links to other internet sites or resources. Kymeta makes no warranty or representation as to the content or accuracy of any such external sites or regarding any products, information or services found on such sites. Because Kymeta has no control over such sites and resources, you acknowledge and agree that Kymeta is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Kymeta will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, goods or services available on or through any such site or resource.

    8.2 This Website may be linked to other websites which are not under the control of and are not maintained by Kymeta. Kymeta is not responsible for any third-party content of those sites. Kymeta is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Kymeta of those sites.

    9. INTELLECTUAL PROPERTY RIGHTS

    9.1 The Website, Resources, and any software (including any downloads available at the Website or otherwise provided by Kymeta) may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Any third-party content contained in third-party advertisements or information presented to you through the Website or advertisers is protected by copyrights, trademarks, service marks, patents, publicity rights, or other proprietary rights and laws. Except as expressly authorized by Kymeta or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Website or the software, in whole or in part.

    9.2 Kymeta is committed to respecting others’ intellectual property rights, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on our Website, please contact our copyright agent as described in our copyright policy.

    9.3 All content (except for the User Content) provided on this Website is provided by or to Kymeta by its respective manufacturers, authors, developers and vendors (the “Third Party Providers”) and is the copyrighted work of Kymeta and/or the Third Party Providers. Except as stated herein, none of the content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Kymeta or the Third Party Provider. No part of the Website or Resources, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Kymeta. You also may not, without Kymeta’s prior express written permission, “mirror” any content contained on this Website, the Resources, or on any other server.

    9.4 Except for the license to the User Content pursuant to Section 4.2 (above), nothing in these Terms or on the Website or Resources shall be construed as conferring any license under any of Kymeta’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.

    10. DISCLAIMER OF WARRANTIES

    THE WEBSITE, RESOURCES INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS”, “WITH ALL FAULTS”. KYMETA DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NONINFRINGEMENT. KYMETA MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THE WEBSITE. KYMETA MAY MAKE AVAILABLE ON THE WEBSITE CONTENT AVAILABLE FOR DOWNLOADING WHICH HAS BEEN SUBMITTED BY THIRD-PARTY USERS OF THE WEBSITE. ANY QUESTIONS REGARDING THE CONTENT SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH CONTENT. IN NO EVENT WILL KYMETA OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OR INFORMATION FROM THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KYMETA OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS. KYMETA’S EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.

    11. LIMITATION OF LIABILITY

    11.1 TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, KYMETA SHALL NOT, IN ANY INSTANCE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF KYMETA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO USE THE WEBSITE OR RESOURCES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, SOFTWARE, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR RESOURCES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR RESOURCES; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR RESOURCES, INCLUDING CONTENT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE FROM THE WEBSITE.

    11.2 YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND/OR RESOURCES AND WILL NOT MAKE A CLAIM AGAINST KYMETA FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE CONTENT.

    11.3 YOU AGREE TO HOLD KYMETA HARMLESS FROM, AND YOU COVENANT NOT TO SUE KYMETA FOR, ANY CLAIMS BASED ON USING THE WEBSITE, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

    12. GENERAL INFORMATION

    12.1 The Terms constitute the entire agreement between you and Kymeta and govern your use of the Website and Resources, superseding any prior agreements between You and Kymeta (including, but not limited to, any prior versions of the Terms). You also may be subject to additional terms and conditions that may apply when you use other Kymeta services, third-party content, or third-party software. You may not assign or otherwise transfer the Terms nor any right granted hereunder.

    12.2 These Terms shall be governed by the State of Washington without regard to its choice of laws rules. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You and Kymeta agree to submit to the personal and exclusive jurisdiction of the state courts located within King county.

    12.3 Kymeta controls and operates this Website from its headquarters in the United States of America and makes no representation that this content is appropriate or available for use in other locations. If You use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.

    12.4 You acknowledge and agree that content is subject to the U.S. Export Administration Laws and Regulations. Diversion of such content contrary to U.S. law is prohibited. You agree that none of the content, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

    12.5 This Website could include inaccuracies or typographical errors. Kymeta and the Third-Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. Changes are periodically made to the Website. Kymeta may amend these Terms at any time by posting the amended terms on this site.

    12.6 The failure of Kymeta to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Resources or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.

    12.7 These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting, or additional, communications.

  • Copyright

    Copyright ©2016-2025 Kymeta Corporation 12277 134th Ct NE, Suite 100, Redmond, WA 98052. The content of this website is subject to change without notice.

    Dates on this website are provided as estimates only and may be changed at any time.

    Trademarks

    ©2025 Kymeta Corporation. All Rights Reserved. KYMETA, GOSHAWK, HAWK, OSPREY, PEREGRINE, and CONNECTED BY KYMETA are trademarks of Kymeta Corporation, with registrations or pending applications in the U.S. and/or other countries. All other trademarks are the property of their respective owners.

  • Privacy Policy

    EFFECTIVE DATE: JULY 20, 2017

    Kymeta Corporation (“we,” “us,” “our”) values the trust you place in us when you use www.kymetacorp.com (“Website”), when you purchase our satellite terminal equipment, or when you use our satellite connectivity services (“Services”). This privacy policy (“Privacy Policy”) describes our collection, use, disclosure, retention, and protection of your information. This Privacy Policy applies to our Website or Services, regardless of how you access or use them, including through mobile devices.

    BY USING OUR WEBSITE AND SERVICES, YOU ARE ACCEPTING THE TERMS OF THIS PRIVACY POLICY AND OUR TERMS OF USE, AND YOU ARE CONSENTING TO OUR COLLECTION, USE, DISCLOSURE, RETENTION, AND PROTECTION OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.

    If you do not agree with the terms of this Privacy Policy, please do not use our Website or Services. We may make changes to this Privacy Policy from time to time. We will post any changes to our Privacy Policy. Your continued use of our Website or Services following the posting of any changes will mean you accept those changes.

    This Privacy Policy does not apply to third-party websites and mobile applications that may link to the Website or Services or be linked to on the Services. We are not responsible for the actions or privacy practices of third-party websites and applications; please consult those websites and applications directly to understand their privacy practices.

    INFORMATION WE COLLECT ABOUT YOU

    We collect, process, and retain information from you and any devices you may use when you use or interact with our Website or Services, and in other ways described below.

    Information You Give Us: We receive and store information you enter on our Services or give us in any other way, including your name, mailing address, phone number, email address, company affiliation, areas of interest, and questions or comments you submit via our online forms.

    Information We Automatically Collect: Our Website uses “cookies,” tagging and other tracking technologies to monitor traffic, improve the Website, and make it easier to use and more relevant. This information includes computer and connection information such as statistics on your page views, traffic to and from our Website, referral URL, ad data, your IP address, and device identifiers. This information also may include your browsing history, transaction history, and your web log information.

    When you use our Services, we may collect information about the satellite terminal, such as the amount of information being transmitted through the device and its IP address.

    Location Information: When you use our Services or our satellite terminal equipment, we receive information about the location of the satellite antenna or terminal(s) you own or are authorized to access. This location information is necessary to provide connectivity service. In certain instances we may be able to infer your location from the location of the satellite terminal, such as when you drive a passenger vehicle equipped with a satellite terminal.

    Information From Social Media: When you interact with us on a social media platform, we may collect the personal information that you make available to us on that platform, including your account ID or username and other information included in your posts.

    Information From Other Sources: We may supplement the personal information we collect with information from third parties or collected offline, such as information collected in person or collected over the phone and add it to your account information. We also may collect information about you from credit reporting agencies, for example, to determine your creditworthiness, credit score, and credit usage.

    HOW WE USE YOUR INFORMATION

    We use your information to help us personalize and continually improve your experience on the Services, including fulfilling requests for information, analyzing and compiling trends and statistics, and communicating with you. For information about how to manage your information and the choices you have, see how to limit the use of your information below.

    We also may use your information to:

    • Provide, maintain, optimize, and improve our Services, products, and operations for internal or other business purposes;
    • Fulfill your requests for information;
    • Provide, produce, and ship the products that you order or the services you request;
    • Provide customer support;
    • Track and evaluate the use of the Services;
    • Communicate with you about your account, transactions with us, or changes to our policies or terms;
    • Send you information about features and enhancements on or to our products and Services;
    • Send you newsletters or other materials;
    • Send you offers or other communications about our products and services, such as special or promotional events, including services, products, or events for which we collaborate or co-offer with a third party;
    • Detect, investigate, and prevent activities that may violate our policies or be fraudulent or illegal; and
    • Perform statistical, demographic, and marketing analyses of users of the Services and their usage patterns.

    To facilitate these uses, we may combine information or portions of the information we collect into a single record. Additionally, information collected from a particular browser or device may be used with another computer or device that is linked to the browser or device on which such information was collected.

    HOW WE SHARE YOUR INFORMATION WITH OTHERS

    We share your personal information with third parties as described below. In addition, we may share information that does not specifically and personally identify you, such as aggregate information, device identifiers or other unique identifiers to third parties. For information about how to manage your information and the choices you have, see how to limit the use of your information below.

    Third-Party Service Providers: We engage third-party service providers to perform functions on our behalf such as: hosting, to provide broadband connectivity, content management, marketing, analytics, customer service, and fraud protection. These third parties may have access to your personal information when needed to perform their functions.

    Merger, Sale or Change of Control: We may change our ownership or corporate organization while providing the Services. We may transfer to another entity or its affiliates or service providers some or all information about you in connection with, or during negotiations of, any merger, acquisition, sale of assets or any line of business, change in ownership control, or financing transaction. Under such circumstances, we will request the acquiring party to follow the practices described in this Privacy Policy with respect to previously collected information. Nevertheless, we cannot promise that an acquiring party or the merged entity will have the same privacy practices or treat your information the same as described in this Privacy Policy.

    Law Enforcement Obligations: We may also use or disclose your personal information if required to do so by law or on the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or our Services; (b) protect and defend our rights or property, the Services or our users; or (c) act to protect the personal safety of us, users of the Services or the public.

    HOW TO ACCESS AND MODIFY YOUR INFORMATION

    If you would like to request access, modification, correction, or deletion of personal information that you have provided to us or that you believe we may have collected about you, please contact us at support@kymetacorp.com. We may not be able to delete your personal information without also deleting your user account. You will not be permitted to examine the personal information of any other person or entity. In order to verify your identity, you may be required to provide us with personal information prior to accessing any records containing information about you. We may not accommodate a request to change or delete personal information if we believe doing so would violate any law or legal requirement, or cause the information to be incorrect.

    We will honor any legal right that you have to access, modify or erase your personal information. To request access and to find out whether any fees may apply, if permitted by applicable state, federal, or national law (outside of the United States), please contact support@kymetacorp.com.

    HOW TO LIMIT THE USE OF YOUR INFORMATION

    In many instances, you have choices about the information you provide and how we use your information. These choices, and any related consequences, are described in detail below.

    Marketing Emails: When you create an account through our Services or sign up for certain communications, you are required to provide us with an accurate e-mail address through which we may contact you. Such registration or requests through our Services or apps constitutes your express acknowledgment that we may use your e-mail address to communicate with you about product offerings from us, our selected vendors, and partners. While you cannot opt-out of receiving notifications and other communications regarding your account or your transactions, you can opt-out of receiving promotional and other marketing emails from us by using the “unsubscribe” feature in our marketing e-mails.

    COOKIES, AND TRACKING TECHNOLOGY, AND INTEREST-BASED ADVERTISING

    Like many websites, our Website uses tracking technologies such as cookies, web beacons and similar technologies to record your preferences. We may also use these technologies to monitor traffic, improve the Website, and make it easier to use and more relevant. Most web browsers automatically accept cookies but, if you prefer, you can usually modify your browser setting to disable or reject cookies. If you delete your cookies or if you set your browser to decline cookies, some features of the Services may not work or may not work as designed. Note that if you choose to remove cookies, you may remove opt-out cookies that affect your advertising preferences.

    Some content or applications on the Website or Services may be served by unaffiliated third parties. These third parties may use these technologies to collect information about you when you use the Website or Services. They may collect information about your online activities over time and across different websites and other online services. They may also use persistent identifiers to track your Internet usage across other websites in their networks beyond the Website or Services. They may use this information to provide you with interest-based advertising or other targeted content. While we do not knowingly provide these entities with information that personally identifies you such third parties may, with sufficient data from other sources, be able to personally identify you, unknown to us. We do not control these third parties’ tracking technologies or how they may be used. We are not responsible for the content or privacy practices on any website not operated by us to which our Website or Services link or that link to our Website or Services.

    Your browser or device may include “Do Not Track” functionality. Our information collection and disclosure practices, and the choices that we provide to visitors, will continue to operate as described in this Privacy Policy, whether a Do Not Track signal is received.

    We use Google Analytics, a web analytics service provided by Google, Inc., on our Website. Google Analytics uses cookies or other tracking technologies to help us analyze how users interact with and use the Website, compile reports on the Website’s activity, and provide other services related to Website activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a return visitor, and any referring website. The Website does not use Google Analytics to gather information that personally identifies you. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s Privacy Policy. To learn more about Google’s partner services and to learn how to opt out of tracking of analytics by Google click here.

    Many of the third party advertisers that place tracking tools on our Website are members of programs that offer you additional choices regarding the collection and use of your information. You can learn more about the options available to limit these third parties’ collection and use of your information by visiting the websites for the Network Advertising Initiative and the Digital Advertising Alliance. Please note that using the opt-out mechanisms offered on these sites does not mean that you will not receive advertising at all, nor will it prevent the receipt of interest-based advertising from third parties that do not participate in these programs. It will, however, exclude you from interest-based advertising conducted through participating networks, as provided by their policies and choice mechanisms.

    HOW WE SECURE YOUR INFORMATION

    We take reasonable security measures to help protect the personal information collected through our Services. Please understand, however, that while we try our best to safeguard your personal information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.

    You can help protect the privacy of your own information by using encryption and other techniques to prevent unauthorized interception of your personal information. You are responsible for the security of your information that you transmit to us or view, download, or otherwise access when using unencrypted, public or otherwise unsecured networks.

    OTHER IMPORTANT INFORMATION

    Users Under Eighteen: Our Services are intended for users ages 18 and older only. Accordingly, we will not knowingly collect or use any personal information from children that we know to be under the age of 18. If we become aware of personal information in our database that was collected from a child under 18, we will delete such information.

    Users Outside of the United States: As we are a company with offices and partners around the world, your personal information may be processed outside the country where you are located. When you submit personal information to us you agree to the information being processed in other countries, including for example outside the European Economic Area (“EEA”). Countries that we transfer your information to may not have data protection laws similar to those of where you are located.

    Your California Privacy Rights: If you are a California resident, California law permits you to request i) certain information regarding the disclosure of your personal information by us and our related companies to third parties for those third parties’ direct marketing purposes and ii) to opt-out of such disclosures by us. To make such a request, please send your request by email to support@kymetacorp.com

    QUESTIONS OR REPORT A PROBLEM

    For questions about our Privacy Policy, to make choices about receiving promotional communications, and to update your personal information, you can contact us by email, telephone or postal mail:

    Kymeta Corporation

    Attn: Legal Department re: Privacy Policy

    12277 134th Court NE, Suite 100

    Redmond, WA 98052

    Email: support@kymetacorp.com

    Telephone: (855) 525-6638 or (855) 525-KALO

  • Patents

    NOTICE

    Notice to User: This list associates products and applications, publications, and/or patents (“properties”) and is posted on the Internet to provide notice to the public in compliance with the virtual patent marking provisions of 35 U.S.C. § 287(a). This list may be unavailable from time to time without notice as part of maintenance or unintended outage. This list might not be all inclusive and other products not listed here may be associated with one or more properties in the United States or elsewhere. Absence of any property from this list does not prevent enforcing any and all legal rights associated with the property.

    PRODUCTS

    Kymeta™ u8 Antenna: Hawk™, Goshawk™, Osprey™, Peregrine™

    U.S. Patent Numbers. 7,538,946; 8,040,586; 8,830,556; 9,385,435; 9,450,310; 9,887,455; 9,887,456; 9,893,435; 9,905,921; 9,768,516; 9,786,986; 10,224,620; 10,062,968; 10,090,599; 10,320,084; 10,367,269; 10,418,703; 10,461,416; 10,411,344; 10,566,697; 10,587,042; 10,686,636; 10,884,094; 10,886,635; 10,903,572; 10,965,027; 10,978,800; 10,700,429; 10,985,457; 10,673,147; 10,892,553; 11,016,746; 11,018,912; 11,067,964; 11,133,584; 11,165,160; 11,217,890; 11,284,354; 11,322,843; 11,397,571; 11,489,258; 11,528,170; 11,545,747; 11,569,584; 11,757,197; 11,705,634; 11,710,887; 11,742,583; 11,818,606; 11,844,025; 11,909,091; 12,027,785; 12,040,922; 12,063,527; 11,848,503; 11,637,370; 12,107,348; 12,349,005

    Other patents pending.

    Kymeta™ u8 Terminals: Hawk™, Goshawk™, Osprey™, Peregrine™

    U.S. Patent Numbers. 7,538,946; 8,040,586; 8,830,556; 9,385,435; 9,450,310; 9,887,455; 9,887,456; 9,893,435; 9,905,921; 9,768,516; 9,786,986; 10,224,620; 10,062,968; 10,090,599; 10,320,084; 10,367,269; 10,418,703; 10,461,416; 10,411,344; 10,566,697; 10,587,042; 10,686,636; 10,884,094; 10,886,635; 10,903,572; 10,965,027; 10,978,800; 10,700,429; 10,985,457; 10,673,147; 10,892,553; 11,016,746; 11,018,912; 11,067,964; 11,133,584; 11,165,160; 11,217,890; 11,284,354; 11,322,843; 11,397,571; 11,489,258; 11,528,170; 11,545,747; 11,569,584; 11,757,197; 11,705,634; 11,710,887; 11,742,583; 11,818,606; 11,844,025; 11,909,091; 12,027,785; 12,040,922; 12,063,527; 11,848,503; 11,637,370; 12,107,348; 12,349,005

    Other patents pending.

    Kymeta™ u7 Antenna

    U.S. Patent Numbers. 7,538,946; 8,040,586; 8,830,556; 9,385,435; 9,450,310; 9,887,455; 9,887,456; 9,893,435; 9,905,921; 9,768,516; 10,224,620; 10,062,968; 10,090,599; 10,320,084; D843,356; D923,612; 10,367,269; 10,418,703; 10,461,416; 10,411,344; 10,587,042; 10,686,636; 10,811,784; 10,886,635; 10,978,800; 10,700,429; 10,985,457; 11,018,912; 11,133,584; 11,165,160; 11,322,843; 11,528,170

    Other patents pending.

    Kymeta™ u7 Terminal

    U.S. Patent Numbers. 7,538,946; 8,040,586; 8,830,556; 9,385,435; 9,450,310; 9,887,455; 9,887,456; 9,893,435; 9,905,921; 9,768,516; 10,224,620; 10,062,968; 10,090,599; 10,320,084; D843,356; D923,612; 10,367,269; 10,418,703; 10,461,416; 10,411,344; 10,587,042; 10,686,636; 10,811,784; 10,886,635; 10,978,800; 10,700,429; 10,985,457; 11,018,912; 11,133,584; 11,165,160; 11,322,843; 11,528,170

    mTenna™ PLUS

    U.S. Patent Numbers. 10,128,931

    Other patents pending.

    Metamaterials IP Company LLC is a licensor of certain Kymeta technologies related to metamaterial antennas made for use in certain satellite communications applications and related components and subsystems in those applications.

    Last revised October 2025

  • Kymeta Data Service Plan Terms

    This Kymeta Data Service Plan Addendum (“Data Services Addendum”) applies to the promotion, marketing, and sale of Data Services issued under the Kymeta Master Agreement (“Agreement”). To the extent that the terms of this Data Services Addendum conflict with any other term of the Agreement, the terms of this Data Services Addendum will control solely with respect to the Data Services. Capitalized terms used but not defined in this Data Services Addendum have the meanings given to them in the Agreement.

    1. ADDITIONAL DEFINITIONS.

    1. 1 “Access Credentials” means any username, identification number, password, license or security key, security token, PIN or other security code, method, technology, or device used, alone or in combination, to verify an individual’s identity and authorization to access and use the Data Services.

    1.2 “Authorized Users” means End User’s employees or contractors who have been issued Access Credentials by End User.

    1.3 “Data Service Plans” means the particular rates, terms, and conditions, more fully described in the Price Book, under which Kymeta makes the Data Services available to End Users.

    1.4 “Data Service Plan Guidelines” means those guidelines or specifications for the Data Service Plans more fully described in the Price Book.

    1.5 “Data Services Term” means the Initial Term taken together with any Renewal Terms, as those terms are defined in Section 5.3.

    1.6 “Early termination fees” or “ETF” shall be equivalent to the subscription fees for the remaining unpaid then-current Data Services Term and any other ETF specified in the Price Book.

    1.7 “Harmful Code” means any software, hardware, or other technology, device, or means, including any virus, worm, malware, or other malicious computer code, the purpose or effect of which is to: (a) permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any (i) computer, software, firmware, hardware, system, or network; or (ii) any application or function of any of the foregoing or the security, integrity, confidentiality, or use of any data processed thereby; or (b) prevent End Users or any Authorized User from accessing or using the Data Services or Kymeta systems as intended by this Data Services Addendum.

    2. SCOPE.

    Kymeta offers a number of Data Service Plans for Data Services for use with its Products. Kymeta also offers additional applications and tools that are designed to allow End Users to manage their use of their Data Services and to offer certain ancillary applications, analytics, documentation, and services to End Users. This Data Services Addendum governs End User’s use of the Kymeta Data Services, Distributor’s resale of Kymeta’s Data Services.

    3. DISTRIBUTOR SALES.

    This Section pertains to Distributor sales of the Data Services only. In addition to Distributor’s Responsibilities set forth in the Agreement, Distributor, as Kymeta’s authorized reseller, will perform the following functions associated with the resale, activation, marketing, support, and management of Kymeta’s Data Services to Distributor’s Customers. Distributor does not have any right to promote, market, or sell any Data Services that Kymeta has not included in any applicable Quote, Price Book or which Distributor has not purchased pursuant to an applicable Purchase Order. This Data Services Addendum does not grant Distributor the right to access or use Data Services on its own behalf.

    3.1 End User Agreement. Distributor will cause each End User to accept the Kymeta End User License Agreement (“EULA”) located at http://www.kymetacorp.com/legal/tab-3/, as may be updated by Kymeta from time to time (“EULA Requirements”), prior to obtaining Data Services from Distributor. If Kymeta updates the EULA Requirements, then Distributor will cause each End User to accept the new EULA Requirements at or before renewal of their subscription.

    3.2 Order Process. Reserved.

    3.3 Billing Services; Overages. Distributor is solely responsible for all aspects of End User billing processes, including without limitation, invoicing and billing of End Users for Data Services fees; collecting and processing payments; calculating, collecting, and remitting applicable state and local taxes; and processing refunds and credits. Distributor will be the merchant of record on all transactions related to sales of the Data Services. If End Users’ usage during anyone-month billing cycle exceeds the allotted amount of data usage in the Data Service Plan, Kymeta will charge Distributor the applicable overage fees, as set forth in the Price Book, at the end of the month.

    3.4 Usage Reports. Kymeta will provide to Distributor a monthly statement that includes, where available and applicable, data usage, data overages, account activations, account deactivations, fees, and taxes. Distributor will have 15 days after receipt of the monthly report to dispute any charges.

    3.5 Maintenance and Support. Distributor will provide knowledgeable assistance and support to Customers and potential Customers regarding the Products remotely via telephone, during Distributor’s regular business hours. Throughout the Term, Distributor will: (a) ensure that an adequate number of trained, capable, and qualified technical personnel with sufficient knowledge of the Data Services are available during regular business hours to assist End Users; and (b) respond to End Users regarding the general operation and use of the Data Services, including: (i) providing general information and configuration support; (ii) collecting relevant technical problem identification information; (iii) performing base problem determination and resolution; and (iv) providing basic support on the standard protocols and features. Distributor will be reasonably available to Kymeta to consult with Kymeta regarding any technical support issues. Upon Kymeta’s written request, Distributor will install and/or assist End Users to install any periodic Updates, upgrades, or improvements to the Data Services made available by Kymeta as part of a support. Distributor will promptly notify Kymeta of any complaint or adverse claim about the Data Services or its use of which Distributor becomes aware.

    3.6 Customer Notices. Distributor will promptly forward to each End User any notice it receives from Kymeta regarding the Data Services that may affect that End User, including notices of a service interruption or suspension.

    3.7 Request to Change Data Service Plans. Subject to the applicable Data Service Plan Guidelines, at any time during the Term, Distributor may notify Kymeta in writing of its intention to modify its then-current Data Service Plan(s).

    3.8 Discontinuation of Data Service Plans. Kymeta reserves the right to discontinue a Data Service Plan offering at any time by providing written notice to Distributor at least ninety (90) days prior to discontinuation. For any End User already activated under such Data Service Plan prior to the date of discontinuation, Kymeta will continue to support such End User for the remainder of the then-current Term but any further extension of such Data Service Plan beyond the current applicable Term will not be available.

    4. LIMITATIONS.

    4.1 Prohibited Use of the Subscription Services. Distributor or any End User will not, and will not permit any person to access or use the Data Services except as expressly permitted by this Data Services Addendum and the EULA. For purposes of clarity and without limiting the generality of the foregoing, Distributor or any End User will not enable any person to, and will not itself, do any of the following, except as expressly permitted by Kymeta: (a) make the Data Services available on or in connection with any time-sharing, service bureau, software-as-a-service, cloud, or other technology or service; (b) bypass or breach any security device or protection used by the Data Services or access or use the Data Services other than by an Authorized User through the use of such Authorized User’s own then-valid Access Credentials; (c) input, upload, transmit, or otherwise provide to or through the Data Services, any information or materials that are unlawful or injurious, or contain, transmit, or activate any Harmful Code; (d) damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the Data Services or Kymeta’s provision of services to any third party, in whole or in part; (e) do any “mirroring” or “framing” of any part of the Data Services, or create internet links to the Data Services that include log-in information, user names, passwords, and/or secure cookies; or (f) otherwise access or use the Data Services or Kymeta Materials beyond the authorized scope.

    4.2 Corrective Action and Notice. If Distributor or End User becomes aware of any actual or threatened activity prohibited by Section 5.1 (Prohibited Uses of the Subscription Services), Distributor or End User will promptly notify Kymeta of any such actual or threatened activity.

    4.3 Suspension or Termination of Subscription Services. Distributor and each End User acknowledges that Kymeta may, directly or indirectly, suspend, terminate, or otherwise deny any End User’s access to or use of all or any part of the Data Services, without incurring any resulting obligation or liability, if: (a) Kymeta receives a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires Kymeta to do so; (b) Kymeta believes, in its sole discretion, that: (i) any End User has failed to comply with any material term of the Agreement or EULA, or accessed or used the Data Services beyond the scope of the rights granted or for a purpose not authorized under the Agreement or EULA, or in any manner that does not comply with any instruction or requirement of the Specifications; (ii) Distributor or End User is, has been, or is likely to be involved in any fraudulent, misleading, or unlawful activities relating to or in connection with any of the Data Services; or (iii) this Data Services Addendum expires or is terminated; or (c) Distributor has caused a material breach of the Agreement and has not cured such breach as provided therein, including defaulting on any payment obligations. This Section 4.3 does not limit any of Kymeta’s other rights or remedies, whether at law, in equity, or under this Data Services Addendum. Distributor reselling to End Users agrees to indemnify and hold Kymeta harmless from any claim brought against Kymeta by End User for such suspension or termination.

    4.4 Throttling. Distributor and End User acknowledges that Kymeta may throttle down any End User’s usage of data if such End User exceeds the data provided under the subscribed Data Service Plan. Distributor reselling to End Users agrees to indemnify and hold Kymeta harmless from any claim brought against Kymeta by End User for such throttling.

    5. TERM; TERMINATION.

    5.1 Term. This Data Services Addendum is effective as of the Effective Date and will continue for the Term of the Agreement, unless earlier terminated by either party as provided in the Agreement.

    5.2 Effect of Termination; Transition.

    (a) Kymeta will use commercially reasonable efforts to provide affected End Users with advance notice of termination of this Data Services Addendum. In the event of any termination by Kymeta pursuant to Section 8.2 of the Agreement, Distributor will cooperate with Kymeta to develop a transition plan and facilitate the orderly and seamless transition and migration of End User subscriptions directly to Kymeta or another Kymeta reseller.

    (b) Kymeta may continue to provide the Data Services to End Users for 30 days following the termination date or expiration date and authorize Distributor to continue to perform under this Data Services Addendum, subject to End User’s providing sufficient assurances and financial guarantees to ensure payment.

    5.3 Data Services Term; Early Termination Fees. Except for certain promotional/demo plans or as otherwise may be agreed to in writing, all Data Services Plans are for a twelve (12) month period (“Initial Term”). At the expiration of the Initial Term, the Data Services Plan (unless as otherwise provided in an applicable Purchase Order) will renew only by mutual agreement of the Parties (each renewal a “Renewal Term”).

    In the event that Distributor or any End User decides to terminate the Data Services Plan before the end of the Data Services Term, Distributor or End User must provide a Service deactivation request to Kymeta Support at support@kymetacorp.com no less than thirty (30) days in advance and pay the applicable ETFs.

    6. SERVICE LEVEL COMMITMENTS

    6.1 Service Availability. Kymeta will guarantee a ninety-eight percent (98%) (“Availability Guarantee”) for all Data Services under the Agreement during any calendar month that the Data Services are provided. The Data Services will be considered “Available” at all times that there is an active connection between the terminal and the network capable of bi-directional data transmission, except that the following occurrences will not be considered when determining if the Data Services are unavailable or calculating the time Data Services were unavailable: (i) any act, failure to act, or omission on the part of the End User, any third-party contractor or vendor, or any failure of the End User’s applications, equipment, other services or providers, or facilities; (ii) any scheduled maintenance (provided Kymeta provides no less than twenty-four (24) hours’ notice for scheduled maintenance); (iii) any event or outage lasting less than three hundred (300) seconds in duration, except in the event of significant and repetitive instances of such outages (i.e. four (4) or more related event or outages within a rolling sixty (60) day period (“Chronic Service Condition”)); (iv) any Force Majeure event; (v) issues associated with new installations (within 5 days of install or interoperability testing); (vi) any period when End Users deny Kymeta or its agents access to the End User premises (including IT systems as may be necessary) where affected terminals are located; (vii) interruptions associated with failures of equipment, software, or End User’s underlying network connection not provided by Kymeta, including any local access provider; (viii) outages of non-network service offerings, including Kymeta Access platforms; (ix) any delay or downtime attributed to End User not responding to Kymeta’s request for assistance in investigation; or (x) after investigation, any occurrence that is found to be caused by any party other than Kymeta.

    6.2 Unavailable Time Calculation. The time Data Services are unavailable will be the actual length of time between the first report of the unavailable nature of the Data Services and the time Service is restored. Kymeta notifies Reseller or End User that the issue is resolved following resolution.

    7. SUPPORT

    7.1 Trouble Tickets. If there is an experienced Service Outage or other Service Degradation, including but not limited to, total throughput speeds or latency, Reseller is responsible for Tier 1 and Tier 2 support, and if diagnosed as a Service Outage or Degradation on the network, Reseller must open a Kymeta “Trouble Ticket” (unique trouble tracking number assigned to a reported issue) with the Kymeta Network Operations Center (“NOC”) by calling +1.855.525.6638 or emailing support@kymetacorp.com. The Kymeta NOC is available 24x7.

    7.2 Mean Time to Respond/Repair. Kymeta commits to an average time for initial response and resolution based on the following table of priorities. The times in the table below are calculated as an average of all response and repair times for Trouble Tickets in the preceding calendar month.


    Priority 1: Service Outage – meaning any unscheduled period where Data Services are interrupted and not usable
    Initial Response: 2 hours
    Resolution: 8 hours

    Priority 2: Service Degradation – meaning any unscheduled period where Data Services are available but do not perform as described herein or in an applicable service order (i.e. not meeting the CIR specified with any Data Service Plan)
    •Priority 2 issues are only applicable for Committed Information Rate (“CIR”) Data Service Plans with guaranteed bandwidth and performance measures.
    Initial Response: 4 hours
    Resolution: 12 hours

    Priority 3: an inquiry requesting standard troubleshooting support or questions regarding the Service
    Initial Response: 24 hours
    Resolution: 36 hours

    7.3 Chronic Service Conditions. When either Party identifies what they believe is a Chronic Service Condition (as defined above), they shall provide notice to the other Party. Upon notification, Kymeta will:

    (a) Immediately perform a detailed investigation of the reported issues;

    (b) After the core issue is identified during investigation, develop and provide a plan for mitigating such issues going forward; and

    (c) If the issue returns within sixty (60) days of Kymeta providing the mitigation plan, Reseller shall have the option to terminate any affected Data Service Plans without incurring an ETF.

    7.4 No Fault Found. If Kymeta responds to a Trouble Ticket and reasonably determines that the cause of the issue is (i) not due to the Data Services or (ii) is due to the Reseller’s or End User’s equipment or other responsibilities (including that of Reseller’s or End User’s third-party suppliers), Kymeta shall be entitled to invoice for the support provided at Kymeta’s then prevailing rates.

    7.5 Network Updates. Kymeta reserves the right to upgrade, reconfigure or make any changes to the network from time to time, such changes will not degrade network performance, this may include software updates, options files, etc. Except in the case of emergency, Kymeta will provide thirty (30) days for Resellers and End Users to validate and implement any such changes on their equipment as necessary.

    8. SERVICE CREDITS

    8.1 Service Credit Structure. Credits under this Section are based on monthly billing intervals for monthly recurring charges (“MRC(s)”) and apply to the Data Service Plans for which the Service Credit is issued. “Service Credit” means any amount credited against the following months invoice, issued by Kymeta in response to a Credit Request (as defined below) resulting from a Service Outage or Service Degradation. Service Credits accumulate only for the period of time that exceeds the Availability Guarantee under this Agreement. Service Credits are measured by a one to one (1:1) ratio of downtime (or degradation time) exceeding the Availability Guarantee to the applicable MRC (for example, if there is a Service Outage that exceeds the Availability Guarantee by 1 hour, Kymeta will provide a Service Credit equal to the amount of 1 hour worth of Service).

    8.2 Eligibility. In order to be eligible for a Service Credit, Reseller must first open a Trouble Ticket with the Kymeta NOC reporting the Service Outage or Service Degradation. After the Trouble Ticket is resolved, Resellermust e-mail Kymeta support at support@Kymetacorp.com within thirty (30) days requesting the applicable Service Credit (“Credit Request”). The Credit Request should include “Request to Billing” in the subject line, the corresponding Trouble Ticket number, and a short explanation of the Service Credit requested. Kymeta will evaluate the reported issue, the Service Credit request, and notify the Reseller of Kymeta’s determination of any applicable Service Credit. Service Credit requests made on past-due accounts will not be processed until the past-due amount is fully paid or resolved. Kymeta Broadband or other similar Maximum Information Rate (“MIR”) (i.e. Non-CIR) Data Service Plans offered by Kymeta are not eligible to receive Service Credits on Priority 2 or Priority 3 issues.

    8.3 Sole and Exclusive Remedy. This Section 8 (Service Credits) is the sole and exclusive remedy for Service Outages or Service Degradations described in this Exhibit. In no event will the cumulative total Service Credit for any Service Outages, Service Degradations, or any other Trouble Tickets opened during any calendar month exceed fifty percent (50%) of the impacted months MRC(s). Additionally, all Service Credits during a Data Services Term shall not exceed thirty percent (30%) of the total MRC(s) for all Data Services provided during such Data Services Term.

    September 2025 | 700-00351-000 rev 01

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