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Last Updated: September 15, 2025
This Participation and Nondisclosure Agreement is entered into between Wireless Maritime Services, LLC (“WMS”), and the focus group participant accessing this agreement (referred to below as “you”). Please read the terms of this agreement carefully. If you agree to be bound by the terms of this agreement as written below, please acknowledge your agreement by completing the acknowledgement at the end of the pre-session questionnaire.
1. Participation and Feedback
You been invited by WMS to participate in a focus group session with representatives of WMS and other end users of cellular services provided by WMS. The audio and video of the session will be recorded by WMS. By acknowledging this agreement, you consent to your participation in the session being recorded.
As part of the session, WMS may ask questions about existing and potential future services and invite you and the other participants to provide information, suggestions, and other feedback about WMS’s services and potential future services and how the participants may use such services (collectively referred to below as “Feedback”).
Participating in the session and providing Feedback are voluntary and optional, and you can stop participating in the session at any time. You are not promising to enter into any potential business arrangement, make any investment, or purchase any products or services by acknowledging this agreement, participating in the session, or providing Feedback.
Each participant is expected to be respectful of other participants in the session (including representatives of WMS) and to refrain from words or actions that are threatening, abusive, aggressive, or harmful.
2. Confidentiality
While all participants will agree to confidentiality terms similar to those below, WMS cannot guarantee the confidentiality of information that is shared during the session. Please use discretion about sharing personal or private information during the session.
The information that you receive in connection with the session, whether from WMS or from other participants, is considered the “Confidential Information” of WMS. But information is not considered to be Confidential Information if it: (i) becomes generally known by or available to the public through no fault of yours, or (ii) was already known to you without restriction before it was made available in connection with the session.
You will use the Confidential Information only for the purpose of participating in the session. You agree not to disclose the Confidential Information to any third party without WMS’s prior consent. You agree to promptly notify WMS if: (i) you disclose any Confidential Information in a way that is not expressly permitted by this agreement or (ii) you use any Confidential Information for any purpose other than participating in the session.
Money damages may not be a sufficient remedy for your breach of this agreement. Therefore, WMS will be entitled to seek equitable relief, including injunction and specific performance, if you breach or threaten to breach this agreement.
3. Duration
The term of this agreement begins on the date when you acknowledge this agreement by completing the acknowledgement at the end of the pre-session questionnaire and ends upon completion of the session. Your obligations with respect to Confidential Information will continue for three years from the end of the session, even if the term of the agreement ends earlier. If the Confidential Information constitutes a trade secret under applicable laws, your obligations with respect to that Confidential Information will then continue for as long as the Confidential Information still constitutes a trade secret under applicable laws.
4. Ownership of Feedback and Confidential Information
It is possible that WMS will use Feedback in developing products or services or making other business decisions. You agree that all rights in the Feedback will be owned by WMS. You hereby transfer all rights in the Feedback to WMS and understand and agree that WMS will not be required to seek your permission to use the Feedback, to attribute any Feedback to you, or to compensate you for use of the Feedback.
No right or license to the Confidential Information is given or implied. You agree that, as between you and WMS, the Confidential Information is owned entirely by WMS.
5. General Terms
Interpretation. This agreement sets forth the entire understanding of the parties with respect to the subject matter hereof and supersedes any prior agreement, arrangement, or understanding with respect to such subject matter. This agreement may only be modified by a written amendment signed by both parties. If any court determines that any part of this agreement is invalid or unenforceable, the rest of this agreement will remain in full force and effect. Courts will have the authority to modify the invalid or unenforceable provision to the extent necessary to make that provision valid and enforceable. Section headings in this agreement are for reference only and will not be construed as modifying the terms of this agreement.
No Waiver. A party’s failure to exercise any right or remedy under this agreement will not be construed as the party’s waiver of that right or remedy. Waiving a right or remedy in some circumstances does not limit a party’s ability to exercise that right or remedy in any other circumstances.
Governing Law. This agreement will be governed and construed in accordance with the laws of the state of Georgia, U.S.A., without regard to its principles of conflicts of laws. Both parties irrevocably consent to the personal jurisdiction of the federal and state courts presiding in Fulton County or DeKalb County, Georgia for any disputes related to this agreement.
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