Purchase agreement for ordering a Starlink kit and Internet services. For customers ordering a Starlink Kit, you authorize XymbolicPH with the following:—

• One-time Hardware Activation Fee. A one-time immediate hardware activation fee is due when the order is placed. The buyer will have to pay a one-time hardware activation fee upon purchase, which includes shipping and handling fees (prices vary depending on location). The service installation fee is not included. You can purchase the hardware kit from XymbolicPH with or without the monthly internet services.

• Monthly Internet Service Plans. For Starlink kit purchased from XymbolicPH with monthly internet service plans. A monthly recurring subscription fee for the Starlink Internet services starts on (i) the date you activate the Starlink Kit or (ii) days after XymbolicPH ships your Starlink Kit (the “Payment Due Date”) for a service lock-in period of one (1) year. You can purchase from XymbolicPH the monthly internet service subscription paid-in-full for one (1) year, or we will automatically charge you monthly with your approved payment method for the first month’s internet service subscription fee on the payment due date in a service lock-in period of one (1) year. The monthly Internet service subscription fee for the second month and all subsequent months thereafter will be due on the monthly anniversary of the payment due date.
  

• Additional Priority or Mobile Priority Data. If applicable, additional automatic charges per GB of data use, if you opt-in to purchasing additional Priority or Mobile Priority data after hitting your data limit under certain Service Plans. Your excess data usage per month will also be displayed on your next monthly invoice. Once you opt-in, you will be automatically billed for additional Priority or Mobile Priority data used until you opt-out, including in following billing cycles.

• Payment Method. You authorize XymbolicPH to charge an approved payment method, including cash, bank-to-bank payments, credit or debit cards (where available) for all charges made under the Agreement, including applicable taxes. Use of a credit or debit card is subject to the terms and conditions in your card member agreement, including fees that may be charged by the issuer. If there is a change to your bank or card account information, including expiration date, You authorize us to continue to charge your payment method following any update to your information.

• Shipping & Handling. Shipping and handling charges will apply and are non-refundable.

• Taxes, Fees, Surcharges. In addition to charges for the Services, the Starlink Kit, and any accessories you buy, we may collect or request reimbursement for taxes and other fees and surcharges required by law, including, without limitation, value added, goods and services, consumption, sales, use, gross receipts, excise, and access. You are also responsible for any additional government fees, rights of way charges, license or permit fees, and any other duties, charges or surcharges imposed on the sale or use of the Services or Starlink Kit.

• Bills, Payment Disputes & Suspended Services. Bills are provided to customers on a monthly basis via email or customer care services. Disputes on your Starlink Internet Service bill should be handled via your account manager of XymbolicPH. In the event of a billing dispute, you must timely pay all undisputed amounts. If the payment dispute is resolved against you, or if you simply fail to pay for Services on time, you must pay the amounts due or your Services will be suspended until the overdue amounts are paid.

• Software Updates and License Terms. Software copies and updates installed on the Starlink Kit are not sold, only licensed to you personally (on a non-exclusive, non-transferable, limited and revocable basis), for use as installed on the Starlink Kit and subject to Software License and Usage Terms, and restrictions that Starlink posts on the Starlink Customer Portal. XymbolicPH and Starlink reserves all intellectual property rights and other rights and interests in the Starlink Kit, the Services, and the software, and grants no license, except as expressly granted in this Agreement.

• Starlink Account. XymbolicPH reserves the right to own, manage, and use the account for the purchase or activation of Starlink monthly internet service plans. treated the account as confidential information that is not authorized to be shared with end users. XymbolicPH, as the entity responsible for managing the account, should have access and full authority. for transfer of account please see changes, cancellations, returns, transfers and termination section of this agreement.

• Kit Install Guidelines. You are responsible for the installation of the Starlink hardware kit in a location that has a clear field of view of the sky, per the Starlink Install Guide, unless installation services are acquired from XymbolicPH. You shall not modify the Starlink Kit in a manner (including cosmetic or paint changes) that contradicts the Install Guide or would otherwise alter the transmission characteristics of the equipment, including placing the antenna under a cover or radome, unless approved by XymbolicPH and Starlink. At XymbolicPH and Starlink’s sole discretion, if we determine that your installation or modification of a Starlink kit has resulted in material degradation of the service or equipment, the equipment's limited warranty may be voided. Should use of the services require any construction or alteration to your property, XymbolicPH is not obliged to reimburse any expenses or restore your property to the same physical state as prior to installation services. If you require a permanent roof or vehicle mount installation, you acknowledge the potential risks associated with this type of installation, including, without limitation, any warranty that applies to your roof, vehicle, or vessel for penetration of the membrane. If you cannot safely install the Starlink Kit, do not install it and seek XymbolicPH professional assistance.

• Kit Install Authorizations. It is your responsibility to ensure compliance with all applicable building codes, zoning, ordinances, business district or association rules, covenants, conditions, restrictions, lease obligations, landlord/owner approvals, and requirements for the installation of the Starlink Kit, to pay any associated fees or other charges, and to obtain any permits and other authorizations necessary for the Services and the installation of the Starlink Kit.

• IN-MOTION USE PROHIBITED FOR UNDESIGNATED KITS, COUNTRIES AND USES. YOU ARE PROHIBITED FROM INSTALLING OR USING A KIT ON A MOVING VEHICLE OR VESSEL UNLESS STARLINK HAS DESIGNATED YOUR SPECIFIC KIT MODEL AND/OR MOUNT FOR IN-MOTION USE AND HAS OBTAINED ALL REQUIRED IN-MOTION APPROVALS IN THE COUNTRY OF USE. NOTWITHSTANDING THE FOREGOING, USE OR INSTALLATION OF A KIT ON AN AIRCRAFT OF ANY KIND IS PROHIBITED IN ALL CASES. SERVICES IN-MOTION ON AN AIRCRAFT, VEHICLE OR VESSEL (e.g., CARS, VANS, RVs, BOATS) VIA AN UNAUTHORIZED KIT OR COUNTRY IS PROHIBITED, WILL VOID THE LIMITED WARRANTY OF YOUR KIT, AND MAY BE GROUNDS FOR TERMINATION OF YOUR AGREEMENT WITH STARLINK PER OF THESE TERMS. 

• Kit Installation on Moving Vehicles. For kits and mounts designated for in-motion use, you agree and are responsible for taking proper precautions to ensure that the equipment mount is installed on a structurally sound, horizontal surface. You acknowledge that equipment falling into the road or off a vessel due to poor installation practices can cause serious accidents resulting in bodily injury. You shall not mount a Starlink Kit on any vehicle or vessel if it is not stable or if it cannot be properly secured as described in the Install Guide and used with the proper mount designed for in-motion use.

• Standard Service Plan. The Standard Service Plan (available on “Residential”) is designed for personal, family, or household use at a fixed land-based location. Service activation and associated billing cannot be paused under the Standard Plan. The Standard Service Plan includes an unlimited amount of “Standard” data. In times of network congestion and during peak usage hours, users may experience slower speeds and reduced performance which may result in degradation or unavailability of certain third-party services or applications, as described in the Fair Use Policy. Bandwidth intensive applications, such as streaming videos, gaming, or downloading large files are most likely to be impacted during peak usage hours. Customers with high bandwidth needs that experience Service degradation resulting from Starlink’s network management practices are able to upgrade to a Priority Service Plan. Supplemental customer support for business or government specific requests (e.g., modified invoicing or tax-exempt certifications) are only available under Starlink’s Priority Service Plan and may not be supported under Standard Service Plan subscriptions.

• Priority Service Plan. The Priority Service Plans (available on “Business”) are designed for high demand users, as well as businesses, governments and institutions at fixed land-based locations. Service use and associated billing cannot be paused under the Priority Service Plans. The Priority Service Plans assign a set amount of “Priority” data to customers each month, as described in the Fair Use Policy. Priority data is given network precedence over Standard and Mobile data, meaning users will experience faster and more consistent download and upload speeds. Unused Priority data does not rollover to the next month. If you have exhausted your Priority data in a given month, you are able to purchase additional Priority data or upgrade your Service Plan. Customers who exhaust and have not purchased additional Priority data will be allocated an unlimited amount of Standard data for the remainder of the month, which may result in slower speeds and reduced performance compared to customers with Priority data.

Mobile Service Plans.

• Regional or Global Coverage. Starlink Mobile Service Plans (available on “Roam”) allow you to access Services at any destination where Starlink provides active coverage and is designed for low demand, portable, land-based use, such as camping or nomadic living. The “Regional” Plan allows you to access Mobile Services at any land-based destination within the continent that you place your Order. The “Global” Plan allows you to access Mobile Services at any land-based destination where Starlink provides active coverage around the world. Mobile Service cannot be used on the ocean or in-motion without purchasing additional Mobile Priority Service data. If you use Mobile Services for more than two months in a country that is different than your shipping address, Starlink may require you to move your registered address to your new location.

• Mobile Data. The Mobile Service Plan includes an unlimited amount of “Mobile” data. Mobile data that is assigned to users is always deprioritized as compared to other Starlink Service Plans, resulting in degraded Service and slower speeds in congested areas and during peak hours, as described in the Fair Use Policy. Stated speeds and uninterrupted use of the Service are not guaranteed and are highly dependent on geographical areas. Mobile Service users with high bandwidth, in-motion or ocean needs are able to upgrade to a Mobile Priority Service Plan or opt into paying for Mobile Priority data per GB under their Mobile Service Plan.

Mobile Priority Service Plans.

• Global Land, Ocean, In-Motion Coverage. Starlink Mobile Priority Service Plans (available on “Maritime”, “Mobility”, and “Roam”) allow you to access Services at any destination around the world where Starlink provides active coverage. It is designed for high bandwidth or in-motion users who want global land plus ocean access, such as shippers and sailors. If you use Mobile Priority Services for more than two months in a country that is different than your shipping address, Starlink may require you to move your registered address to your new location.

• Mobile Priority Data. The Mobile Priority Service Plans assign a set amount of “Mobile Priority” data to customers each month. Mobile Priority data is given network precedence over Standard and Mobile data, meaning users will experience faster and more consistent download and upload speeds, as described in the Fair Use Policy. Stated speeds and uninterrupted use of the Service are not guaranteed and are highly dependent on geographical areas. Unused Mobile Priority data does not rollover to the next month. After a user’s Mobile Priority data is exhausted each month, behavior of the Service will depend on where Starlink is being used:

• Limitations on Mobility Services. Supplemental customer support for enterprise, institutional or government specific requests (e.g., modified invoicing or tax-exempt certifications) is only available under Starlink’s Mobile Priority Service Plans and not the Mobile Service Plans. XymbolicPH and Starlink does not guarantee when or where Starlink Mobile or Mobile Priority Services will be available. Such Services are dependent on many factors, including obtaining or maintaining the necessary regulatory approvals which are subject to change.

• Changes by Starlink. XymbolicPH may change or discontinue Service Plans, prices, these Terms, Kit versions, and the Starlink Specifications from time to time in accordance to Starlink usage Terms and Services. XymbolicPH will provide you with notice at least one month prior before materially adverse changes come into effect. XymbolicPH will provide you with an email notice summarizing the changes and your right to cancel this Agreement. Subject to your options and condition by continuing to use the Services you agree to any changes.

• Service Cancellation for Monthly Internet Services. Customers who have purchased their Starlink Kits from XymbolicPH may have the option to request to stop the recurring monthly internet service payment, cancel services, and withdraw from their current subscription if the one-time hardware activation and Monthly Internet Service Subscription Fee are paid-in-full for one (1) year at any time or after the completion of the monthly internet service lock-in period for one (1) year from the day of purchase of the Starlink Kit from XymbolicPH, in good standing, and there is no payment due or network capacity under the requested Service Plan. applicable only to all kits purchased together, activated with the monthly Internet subscription fee. To avoid being billed for the following month, you must immediately request from XymbolicPH to cancel services prior to your last invoice statement being generated from the service lock-in period for one (1) year.

• Transferring Services and Kits. Customers who have purchased their Starlink Kits from XymbolicPH may have the option to request a transfer of account or assign your services to another responsible party if the one-time hardware activation and Monthly Internet Service Subscription Fee are paid-in-full for one (1) year at any time, or after the completion of the monthly internet service lock-in period for one (1) year from the day of purchase of the Starlink Kit from XymbolicPH, in good standing, and there is no payment due or network capacity under the requested Service Plan.

• Termination by Starlink. Starlink thru XymbolicPH may, at any time, without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Services for: (a) a violation of these Terms, including the Starlink Acceptable Use Policy; (b) a request and/or order from law enforcement, a judicial body, or other government agency; (c) unexpected technical or security issues or problems, including but not limited to a material malfunction of the Starlink network, software or hardware; (d) a failure to obtain or maintain the necessary governmental authorizations required to bring Services; (e) your participation in fraudulent or illegal activities; (f) your withdrawal of consent to allow Starlink to use your personal data to comply with applicable laws as described in the Starlink Privacy Policy; (g) your failure to pay any fees owed for Services if you have not cured such non-payment within 10-day period of receiving a request to cure from Starlink; or (h) its convenience after proper notice.

• Return kits for replacement.  You may return to XymbolicPH an undamaged, untampered, and unmodified Starlink Kit and any accessories within 7 days from the date of  purchase for a full replacement for any reason, including the inability to receive services due to field-of-view issues or if the hardware is verified to be defective. for XymbolicPH Sales Return, Warranty Terms, RMA Conditions & Policies. please visit #rmaxymbolicph 

• Limited Warranty. The Starlink Kit and Services are subject to the following Limited Warranty

• DISCLAIMERS. EXCEPT AS SET FORTH IN SECTION 7.1 (LIMITED WARRANTY), STARLINK PROVIDES THE STARLINK KIT AND SERVICES “AS IS,” WITHOUT ANY EXPRESS WARRANTY, CONDITION OR REPRESENTATION. STARLINK DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

• LIMITATIONS OF LIABILITY. STARLINK WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE, INDIRECT DAMAGES, LOSS OF GOODWILL OR BUSINESS PROFITS, LOST REVENUE, WORK STOPPAGE, LOSS OR CORRUPTION OF DATA, COMPUTER FAILURE, DATA SECURITY BREACH, MALFUNCTION OR ANY LOSSES OR DAMAGES RESULTING FROM THE KIT INSTALLATION, REPAIR, REMOVAL, OR OTHER ASSOCIATED SERVICES. STARLINK’S LIABILITY UNDER THESE TERMS FOR ANY INDIVIDUAL CLAIM OR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO STARLINK UNDER THESE TERMS OVER THE SIX MONTHS PRECEDING THE CLAIM GIVING RISE TO THE LIABILITY. THE LIMITATIONS SET FORTH IN THIS SECTION WILL APPLY TO ANY CLAIMS OR DAMAGES ARISING OUT OF OR RELATED TO THE AGREEMENT, SERVICES OR STARLINK KIT, INCLUDING ANY EXEMPLARY OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER STARLINK WAS INFORMED OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND REGARDLESS OF WHETHER CLAIMS ARE ASSERTED BASED ON CONTRACT, STATUTE, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHER LEGAL OR EQUITABLE CLAIM OR THEORY PROVIDED, EXCEPT IF AND TO THE EXTENT THAT ANY LIMITATION VIOLATES APPLICABLE MANDATORY LAW THAT THE PARTIES CANNOT DEROGATE FROM BY WAY OF CONTRACT.

• ASSUMPTION OF RISK. YOU AGREE THAT YOUR USE OF THE SERVICES AND THE STARLINK KIT, AND SUCH USE BY ANYONE USING YOUR ACCOUNT, IS AT YOUR SOLE RISK. SERVICES ARE NOT SUITED OR INTENDED AS A MISSION-CRITICAL OR SAFETY-OF-LIFE SERVICE.

• General. Customer agrees to comply with all laws and regulations applicable or related to the performance of obligations under this Agreement.

• Privacy. XymbolicPH processes personal information as described in its XymbolicPH Privacy Policy, as amended from time to time.

• Acceptable Use Policy. You agree not to use, or permit others to use, the Services in ways that (a) violate any applicable law or applicable regulation, (b) violate the Starlink Acceptable Use Policy, or other policies available, (c) infringe the rights of others, or (d) interfere with the users, Services, or Starlink Kit of the Starlink network or other networks. You are responsible for complying with the terms for any third-party services (e.g., video streaming or gaming apps) that you subscribe to using Starlink Services.

• International Trade Laws. You must comply with all applicable International Trade Controls in the context of this Agreement, including applicable export control, economic sanctions, customs/import, anti-money laundering, and anti-corruption laws and regulations. You acknowledge that you are only authorized to access Services at the location identified on your Order or otherwise authorized by Starlink, and you will not divert the Starlink Kit or Services to any other locations, or to users or for uses that are prohibited under International Trade Controls.

• Modifications to Starlink Products & Export Controls. Starlink Kits and Services are commercial communication products. Off-the-shelf, Starlink can provide communication capabilities to a variety of end-users, such as consumers, schools, businesses and other commercial entities, hospitals, humanitarian organizations, non-governmental and governmental organizations in support of critical infrastructure and other services, including during times of crisis. However, Starlink is not designed or intended for use with or in offensive or defensive weaponry or other comparable end-uses. Custom modifications of the Starlink Kits or Services for military end-uses or military end-users may transform the items into products controlled under U.S. export control laws, specifically the International Traffic in Arms Regulations (ITAR) (22 C.F.R. §§ 120-130) or the Export Administration Regulations (EAR) (15 C.F.R. §§ 730-774) requiring authorizations from the United States government for the export, support, or use outside the United States. Starlink aftersales support to customers is limited exclusively to standard commercial service support. At its sole discretion, Starlink may refuse to provide technical support to any modified Starlink products and is grounds for termination of this Agreement.

• Security Measures. You acknowledge that Starlink administers and enforces cybersecurity policies and procedures to identify and respond to incidents involving Starlink data, mitigate the effects of any such incidents, document their outcomes, and notify appropriate stakeholders (including authorities and affected data subjects, as appropriate).

• You agree to compensate and hold harmless XymbolicPH and Starlink against all claims, liability, damages, costs, and expenses, including but not limited to reasonable attorneys’ fees, arising out of or related to these Terms, any and all uses of your account, and your use of the Services. This includes, without limitation: (a) responsibility for all such consequences resulting from actions by you or any user of your account in violation of these Terms, the Acceptable Use Policy, or any law or regulation; (b) negligent, reckless or intentionally wrongful act by you or any user of your account; and (c) any breach by you of any of the covenants contained in these Terms.

• Transfers and Assignments. You may not assign, sell, or transfer this agreement, software installed on the Starlink Kit, or access to services without Starlink’s consent through XymbolicPH, as described under this Section. Unauthorized transfers or assignments will be null and void. Starlink may terminate this agreement for cause if you attempt to transfer services or this agreement. If your Starlink Kit is stolen, destroyed, or otherwise removed from your premises without your authorization, you must provide notice via XymbolicPH immediately, or else you may be liable for payment for unauthorized use of the services. You are liable for any charges or fees incurred by the use of the services and Starlink Kit by anyone else. Starlink, through XymbolicPH, can assign its rights and obligations under these Terms, in whole or in part, to any individual or entity we choose at any time, without notice to you, in our sole discretion, and services may be provided by one or more legally authorized Starlink affiliates.

• Acts of Agency. You cannot use an agent or any other representative to purchase the Services or deal with Starlink, except where an agent or representative is (a) a household or family member, or personal caregiver, of the account holder; (b) an employee, director, or officer of the account holder; or (c) any other person expressly approved by Starlink. You warrant that you have not purchased Starlink via a commercial third-party, are not acquiring the service as part of a bundled service offering provided by a commercial third-party, and have not and will not make payment to any commercial third-party in connection with the services, except where expressly authorized by Starlink. Starlink reserves the right to seek information from you confirming these affirmations. Failure to follow the terms of this section is a breach of this agreement that may result in the termination of the agreement for non-compliance.

• For Services provided to, on, or in orbit around the planet Earth or the Moon, this Agreement and any disputes between us arising out of or related to this Agreement, including disputes regarding arbitrability (“Disputes”) will be governed by and construed in accordance with the laws of the State of California in the United States. For Services provided on Mars, or in transit to Mars via Starship or other spacecraft, the parties recognize Mars as a free planet and that no Earth-based government has authority or sovereignty over Martian activities. Accordingly, Disputes will be settled through self-governing principles, established in good faith, at the time of Martian settlement.

• Please carefully read this section (Agreement to Arbitrate), which applies to any Disputes between you, XymbolicPH and Starlink.

• Under these Terms, you, XymbolicPH and Starlink each waive any and all rights to have a court or jury hear or decide any Disputes. Rather, Disputes will be settled by a single arbitrator in a binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the United States Commercial Arbitration Rules of the AAA. To learn more about the rules and how to begin an arbitration, you may call any AAA office or go to www.adr.org.

• Notice of Dispute. If you have a Dispute, before initiating arbitration, you must send a written notice to [email protected] describing your issue and your desired resolution. If your Dispute has not been resolved within 60 days of submitting a notice, you may initiate arbitration as described above.

• Arbitration Costs and Fees. If you commence an arbitration against Starlink pursuant to this binding arbitration clause, Starlink will pay the arbitration fees and expenses imposed by the AAA directly. However, if the arbitrator finds your claim is frivolous or brought for an improper purpose, then Starlink may seek reimbursement of any or all fees and expenses paid to AAA for the arbitration.

• PROHIBITION ON CLASS ARBITRATION. YOU AND STARLINK AGREE THAT NO DISPUTE OR CLAIM MAY BE BROUGHT OR MAINTAINED AS PART OF A CLASS ACTION OR CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR ARBITRATION, REGARDLESS OF WHETHER THE APPLICABLE ARBITRATION RULES WOULD OTHERWISE PERMIT CLASS OR REPRESENTATIVE PROCEEDINGS. ACCORDINGLY, YOU AND STARLINK MAY ONLY PURSUE A CLAIM AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY, AND MAY NOT PURSUE A CLAIM AGAINST THE OTHER ON BEHALF OF ANY OTHER PERSON, AND NO OTHER PERSON MAY PURSUE A CLAIM ON BEHALF OF YOU OR STARLINK AGAINST THE OTHER. AN ARBITRATOR MAY ENTER AN AWARD ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.

• Customer Support. Customer support is available for the active Services and the Kit purchase from XymbolicPH via this portal, sms, email or phone call. You acknowledge and agree that Customer support provided over the phone may be recorded for training and quality purposes. 

• Severability. If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.

• Eligibility. You must be at least 18 years old (or the legal age of majority in your jurisdiction of residence) to enroll in Services.

• Records. You should keep copies of these Terms and any sales receipt or other materials relevant to your purchase of the Starlink Kit and Services for your records. XymbolicPH and Starlink reserves the right to substitute, change, cancel, or add to any part of these Terms at any time upon notice to you and your continued use of the Services constitutes agreement to the updated Terms. XymbolicPH will notify you prior to materially changing its Terms.

• Electronic Delivery Policy, Customer Consent, and Notices. You consent to receive all agreements, updates, disclosures, policies, notices, and other information (collectively, “Notices”) provided by Starlink or its affiliates via paper and/or electronic delivery at Starlink’s sole discretion. XymbolicPH may deliver or display Notices to you by email or pop-up window, or by posting a message on the Services. You may receive periodic texts, emails, or other communications from XymbolicPH, such as notices regarding expiration of your account and changes to these Terms.

• No Waiver. No waiver by XymbolicPH and Starlink of any breach of these Terms will be a waiver of any preceding or succeeding breach. No waiver by XymbolicPH and Starlink of any right under these Terms will be construed as a waiver of any other right. XymbolicPH will not be required to give notice to enforce strict adherence of these Terms. A waiver must be provided in writing by an authorized representative of XymolicPH to be effective.