Terms and Conditions of Twigby Mobile, as of 8/01/2025

Welcome to Twigby Mobile. We are pleased to be your wireless service provider. Please read this document carefully.

Below you will find links to our current Terms and Conditions of Service, Privacy Policy, Internet Transparency Policy Disclosure, Return and Warranty Policy, and Hearing Aid Compatibility Information.

International Long Distance Consumer Agreement
Privacy Policy
Internet Transparency Disclosure
Returns/Exchanges/Warranty
Hearing Aid Compatibility Information

 

Twigby Mobile reserves the right to change or modify these policies and terms at any time.. Please check our website from time to time to review the latest versions of our policies and terms.

This Terms and Conditions of Wireless Service Agreement (“Agreement”) is entered into by Twigby Mobile (“us” or “we”) and the Customer (or “you”) and sets forth the terms and conditions of your wireless service including, but not limited to, equipment purchased from the mobile store, or any device brought to the service through the “Bring Your Own Phone” program (“phone or device”), accessories, and your use of our services (“Service”), features and terms related to minutes of use, text messages (SMS), Mobile Satellite Service, Multi-Media Service (“MMS”), and data you use (your “Service Plan”).

You may use our website to manage your account, make payments, view our content, and learn more about our devices and services. Use of our website is subject to the terms set forth in this document and our Privacy Policy. We do not guarantee access to the website or phone application or assume any responsibility for actions or tasks that could not be completed due to not having access to the website or phone application. As a condition of Service, we reserve the right to communicate billing updates and critical services via Short Message Service (“SMS”) messages sent to your device and the email address associated with your account.

You are responsible for any actions performed with your login. Additionally, this Agreement applies to you, the Customer and to all lines on your account, subaccount and anyone who uses your Service.

Your Service, device, and related terms are subject to change at any time without notice. However, for any changes relating to your Service Plan rates, not related to taxes or surcharges, or for changes to our Privacy Policies, we will make an attempt to notify you at least 30 days in advance, via texts, emails, or other forms of communication, of the posting of new Privacy Policies. Unless otherwise prohibited by law, we can change prices and any other component of this Agreement at any time.

We are not responsible if you choose to disregard notices, fail to read them thoroughly, or block communications. We are also not responsible if we have made a good faith attempt to notice in our routine processes, but the message did not reach you. We reserve the right to modify or cancel your Service or your account or take corrective action at any time and for any reason, including, but not limited to, your violation of any provision of this Agreement.

1. ACCEPTANCE AND ACKNOWLEDGEMENT

This Agreement starts upon acceptance. You accept when you do one or more of the following things: (a) create an account on our website (“website”); (b) activate a Service on a device; (c) use your device or any of the features our Service; (d) open a package that says you are accepting by opening it; (e) use the Service after making a change or addition to your account; or (f) using the Service after the terms have been updated.

YOUR SERVICE PLAN BECOMES PART OF THESE TERMS AND CONDITIONS. Your Service Plan terms and conditions are subject to and part of this Agreement. By accepting this Agreement, you acknowledge that you have seen, have read, and you fully understand your Service Plan, including the costs associated with the plan, taxes, and surcharges.

2. DEFINITIONS

MONTHLY FEES. You will be billed for Service for each device that is active, hotlined, or suspended on your account for all or part of your billing period. If you deactivate (“cancel,” “disconnect” or “terminate”) and reactivate (“restart”) the same device multiple times within a given billing period, your account may be charged multiple monthly fees for that one device.

MINUTES. The time of a call will be determined based on the location of the network equipment providing service for a call and not the location of your device or your device’s area code. Service Plans refer to “minutes” for both inbound and outbound calls and are measured from call initiation to termination, which is defined as pressing the “send” key to initiate the call and the “end” key to terminate a call. Calls are billed in one-minute increments, with a minimum time per call of one minute. Call times are rounded up to the nearest whole minute. Minutes allow you to call anywhere in the United States and to certain international destinations where our Service is available. International destinations can be found on our website. Calls made while you are located outside of the United States are not permitted. Visit our website for our Service Plans. We will not directly complete any calls to 1-900, 1-976, or other pay-per-call services.

TEXT (SMS) AND PICTURE/MULTI-PARTY MESSAGING (MMS). SMS and picture/Multi-Party messages (collectively, “text messages”) all use one (1) text when a message is received and one (1) text for each recipient when a message is sent to multiple recipients, regardless of whether the text message is read or viewed. With our unlimited text feature, you can send and receive unlimited text messages without any additional charges. However, with this feature, when a message is sent to a group or when any type of media file is attached to a message, a data plan is required and a deduction to the allowance of said plan will occur. Messages can be sent from within the United States where services are available to anywhere, including many international destinations, where services are available. Visit our website for more details.

DATA USAGE. A deduction from your data allowance occurs whenever cellular data is sent or received, regardless of the reason. Phone, software, and application downloads and/or updates use substantial amounts of data. When downloading software or application updates, we recommend connecting to Wi-Fi instead of using cellular data. Data usage is rounded up to the nearest kilobyte. Visit our website for current data usage rate details. The Hotspot feature will only function if you have a data plan with high-speed data remaining.

ADDITIONAL CHARGES. We may charge additional fees for specialized requests or services related to your account as determined at our discretion.

3. DUTIES OF PROVIDER

We provide mobile telecommunications and Internet access services using the mobile wireless network of a large facilities-based carrier, for use exclusively with devices purchased from us or devices activated by us as part of any applicable “Bring Your Own Device” program.

Because a device you may bring to us is no longer active with the original carrier, some device features may no longer work and/or we may not support some features. Check with our Customer Service concerning questions regarding any lost features.

You must activate your Service from a location inside the United States. In addition, in our sole discretion, we may restrict calling to or from certain destinations, regions, class of devices, or other terminal categories based on fraud or other business reasons.

NETWORK COVERAGE. Our Service is only available in geographic areas covered by the digital Service network footprint of our network partner(s) who provide the underlying carrier functions of the service. Local phone numbers may not be available in certain markets.

Wireless services use radio transmissions, and coverage is not available everywhere. Quality of Service may be affected by conditions within and beyond our control, including atmospheric, geographic, topographic conditions, underlying carrier actions, or by damage to your device. We do not warrant or guarantee that Service will be available at any specific time or geographic location, or that Service will be provided without interruption. Any statements or maps provided by us, our network partner(s), or our authorized dealers and resellers about coverage are intended to provide high-level estimates of our coverage areas when using our Service outdoors under optimal conditions, and do not mean that Service will be available under all circumstances, at all times, or without interruption. There may be gaps in coverage within our network partners’ estimated coverage areas that, along with other factors both within and beyond our control, may result in Service interruptions, slower data speeds, and lower quality of Service, or possibly nonexistent Service.

4. PROVISION AND MAINTENANCE OF DEVICES

We do not manufacture equipment or software, and the only warranties and representations with respect to equipment or software are those provided by the manufacturer or creator of such. The Customer is responsible for the activation, operation, and maintenance of your device. You must provide and maintain the device in compliance with applicable Federal Communications Commission rules and regulations. The operating characteristics of the device shall be such as not to interfere with the Services offered by us to any of our customers or harm the network. We will not be held liable for loss of any stored or downloaded data on the device. We recommend backing up all contents of the phone prior to contacting us to activate new, change existing, or troubleshoot issues with service. We are not responsible for repairing or replacing any device that is damaged or destroyed.

We cannot guarantee that a device not provided by us, or a device sold by us but modified by you, or a third party will be compatible with the underlying network, will comply with applicable FCC or other legal requirements, or that you will be able to access and use the Service you have purchased. Under no circumstances will a device be allowed on our network if the model is not certified as compatible by our underlying network vendor. Certification can be checked by using our compatibility checker held on our website. If a device is added to the network without proper compatibility acknowledgement, we may remove it and it may result in the loss of your Service and/or phone number. If you alter or modify your device in a way not authorized or recommended by the manufacturer of your device, you may lose functionality and you may be required to purchase a new device to restore Service.

You acknowledge that the underlying network relied upon by us may change from time to time with notice. If your phone is not upgraded, your phone is or has become non-compatible, or the correct SIM card has not been loaded into your device, your phone will be unable to connect to the new network. We may attempt to port your service to the new network automatically or activate a new IMEI as a placeholder to retain your service options and to save your phone number from being discontinued when the prior network is terminated, or your service would otherwise be terminated. We will then assist any affected customers to enable or provide for purchase compatible devices or other remedies to minimize interruption to the Customer. Coverage characteristics of a new network may be different than those of any previous network.

5. NO WARRANTIES ON OUR BEHALF

You agree that neither we nor our network partners, vendors, suppliers, licensors, or affiliates are responsible for any damages resulting from: (a) providing or failing to provide Services, including, but not limited to, deficiencies or problems with a device or network coverage (for example, dropped, blocked, interrupted Services, etc.); (b) traffic or other accidents, or any health-related claims relating to our Services; (c) Internet data content or information accessed while using our Services; (d) an interruption or failure in accessing or attempting to access emergency services from a device, including through 911, Enhanced 911, or otherwise; (e) interrupted, failed, or inaccurate location information services; (f) information or communication that is blocked by a spam filter; (g) damage to your device or any computer or equipment connected to your device, or damage to or loss of any information stored on your device, computer, equipment, or our storage space from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio; or (h) things beyond our control, including acts of God (for example, weather-related phenomena, fire, pandemic, earthquake, hurricane, etc.), riot, strike, war, terrorism, or government orders or acts, device capabilities and/or errors, third party systems/functionality. You should implement appropriate safeguards to secure your device, computer, or equipment and to back up information stored on each. To the extent allowed by law, we make no warranties regarding equipment or services, beyond what is contained in this Agreement, and we make no warranties of merchantability or fitness for a particular purpose. Our liability for monetary damages for any claims you may have against us is limited to no more than the proportionate amount of the service charges attributable to the affected period. Under no circumstances are we liable for any incidental, consequential, punitive, or special damages of any nature whatsoever arising out of or related to providing or failing to provide services in connection with a device, including, but not limited to, lost profits, loss of business, or cost of replacement products and services.

6. PHONE NUMBERS

You shall not have any proprietary rights in the phone number(s) provided by us and we reserve the right to assign, designate, or change such phone number(s), when in our sole discretion, such assignment designation or change is reasonable or necessary in the conduct of our business. Requests to change a phone number can be made by signing into your account, selecting Account Settings, and scrolling down to Line Settings for the number you wish to change. Click on the Phone Number row header and follow the prompts. phone number changes require upfront payment of the number change fee. If requests become excessive as determined in our sole discretion, we reserve the right to deny the request.

You shall not retain the phone number(s) provided by us for use with services provided by any other wireless provider unless you submit a valid Port Request with accurate and complete information including account number, account name, account address, and Number Transfer PIN. To request a Number Transfer PIN for your account, please contact our customer support department by utilizing our live chat service. If for any reason we are suspicious of a request, additional information may be required. Port Requests must also adhere to all porting terms and conditions set forth by the Federal Communications Commission, including but not limited to, compliance with regulated rate centers. Any Port Request from you that meets the requirements set by us and the Federal Communications Commission shall entitle you to retain the phone number(s) provided by us for use with a wireless provider authorized and approved by us. You will be responsible for all agreement terms and conditions for any changes in Service including applicable early termination fees associated with any or all numbers ported from or to another wireless provider.

The existence of a Port Request that is in progress does not prevent us from acting on an account that we find to be in violation of our terms or otherwise are subject to the rights we claim herein, including cancellation of a line that is subject to an open Port Request.

7. PORTING YOUR SERVICE

You may be able to transfer, or “port” your number to another carrier. If you are porting your phone number to another carrier, your service may be cancelled while the porting process is completed, and the phone number may no longer be active with us when the port is attempted by the target carrier. If you are in violation of our terms of service, your port may be cancelled and your Phone Number lost during the porting process. We recommend submitting port requests to the other provider at least four (4) business days prior to the last day of your billing period. Additional time must be allowed if incorrect information is provided to the new provider or if the new provider is a landline phone service provider. If you are not porting your phone number, you must request cancellation of service as outlined in ‘Customer Requested Cancellation’ section of this agreement. When service is cancelled, the email address (or username) on your account will be sent a message confirming service has been cancelled. If you do not receive that message, then your service has not been cancelled. Regardless of whether service is used or not, there are costs associated with keeping a phone number active. The process of billing an account for monthly charges to cover these costs is automated and scheduled for a specific time. If service is active at that time, the account will be billed for these non-refundable charges.

8. ACCEPTABLE USE POLICY (“AUP”)

We reserve the right to review the use of Service at any time to ensure you are not using Service in violation of our definition of “Acceptable Use.” We define Acceptable Use as adherence to all policies, terms, and conditions as outlined in this Agreement.

NETWORK. We utilize one nationwide network carrier and require that your physical service address be within the area covered by our partner’s network. We reserve the right to restrict usage outside of the network. You can determine if your physical service address is within our partner’s network coverage areas by visiting our website.

EXCESSIVE OR PROHIBITED USE. “High” or “excessive” use that exceeds reasonable use is determined solely by us. We will use our own proprietary and confidential criteria for the determination of excessive use. Generally, when a customer is in approximately the top 1% of mobile data usage, averaged over a reasonable period of time, as we may determine, we will examine the account and review it for possible suspension. You agree never to use Service in a manner that we consider, at our sole discretion, to be “unreasonable,” “fraudulent,” “abusive,” or inconsistent with a typical consumer use pattern and therefore understand Service is subject to immediate suspension, blocking or termination. Examples of customer actions that may result in immediate suspension, blocking, or termination without our express prior consent, include but are not limited to the following, and any others that we may describe from time to time:

LAWFUL USE ONLY. You may use Service for lawful, proper, and appropriate purposes. You may not use our Service or a Device in any way that is considered or appears to us to be illegal, improper, or not appropriate as determined by us, in our sole discretion. examples of illegal, improper, or inappropriate use include, but are not limited to:

PORT FRAUD. Activation of Service with the primary purpose of porting to a different carrier is a fraudulent use of Service and is subject to immediate cancellation of accounts and lines. It will also cause the termination of future rights to use our service. Identification of this abuse, and the likely fraud to the “port-in” carrier, is made at our sole discretion and will be based on patterns, actions, inquiries, and/or similarity to other accounts with applicable history. The lines may be terminated regardless of whether any port request has or has not been issued due to the possible fraudulent intent of the port itself. We may notify you of the cancellation and why the termination was executed.

FRAUD AND HIGH-RISK. We reserve the right at our sole discretion to label or deem any account, active line, or pending order as Fraudulent or High Risk. The determination can be for any reason deemed proper by us and may include , but not limited to, the profile, behavior, traffic patterns, or history of a customer, potential customer, or an order. Further if a connection is made by us between the order or account and other accounts with a deemed history of fraudulent or delinquent activity, then the target customer or order can be likewise deemed high risk. Once an account or order is deemed possibly fraudulent, purchased with a payment method that is likely fraudulent, or otherwise high-risk, we reserve the right to cancel the Service and/or any pending orders. This may result in the loss of Service and Phone Numbers. Refunds will not be provided.

MONITORING. We may monitor the use of Service for violations of this Agreement. We may, without notice or liability, remove or block all communications if we suspect a violation of this Agreement or any other terms, policies, or guidelines that we think is necessary to protect our business, network or any supplier, affiliate, director, officer, agent, or employee from harm – physical, emotional, financial, or otherwise.

INFORMATION TO AUTHORITIES AND THIRD PARTIES. If we believe that you have used Service for an unlawful purpose, we may forward any relevant information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es), registered 911 address, and all other account information, as follows: in response to law enforcement or other governmental agency requests; as required by law, regulation, rule, subpoena, search warrant, or court order; as necessary to identify, contact, or bring legal action against someone who may be misusing the Service; to protect our rights and property; or in emergency situations where disclosure of such information is necessary to protect our customers or third parties from imminent harm.

THEFT OF SERVICE. You are liable for all use of our Service. If you believe your Service is or has been stolen, fraudulently used, or otherwise being used in an unauthorized manner, you are required to login to your account on our website and suspend Service. If you decide to cancel Service that has been stolen, you will be required to submit the request to our representatives using our live chat service. You will be required to provide information to verify your identity and your account prior to the request being processed. If you fail to notify us of theft, fraudulent or unauthorized use of Service using our live chat service, we may cancel your Service and levy additional charges.

EXPORT. You agree to comply with all trade regulations and export control laws, both domestic and foreign. Our devices, software, and any underlying information accessed or transferred by you using our Services may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. § 2401, et seq.) and the Export Administration Regulations (50 C.F.R. § 730-774), as well as the import regulations of other countries. You agree not to export or re-export any of our devices or software to any foreign country. Any information transferred by you using our Services to any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.

USE OF APPLICATIONS. Not all applications will work on all devices, and some applications may not be available in all areas. Use of certain applications may require the disclosure of personal information subject to the policies of the companies that offer such applications. We are not responsible for or liable for any damage (phone, personal or otherwise) that may result from using any application including those that may be recommended or mentioned on our website, in our application, or by a representative using our live chat service, electronic mail or any other method of communication.

INTERNET CONTENT. Content you attempt to access on your device may not be stored or processed because of your device’s memory limitations. You agree that we are not liable for the deletion or management of or failure to store content. In compliance with the terms of this Agreement, you should store photographs and other information permanently by using another means. Downloaded or created content on your device may expire or be deleted unless you otherwise arrange for its retention and/or preservation.

SAFETY AND SECURITY. We are not responsible for the content or security of voicemail, messages, photos, contact lists or other information and data you create or hold, personal or otherwise. You are responsible for all data stored on your device and elsewhere, regardless of where it comes from or what might happen to it, and it is your responsibility to secure it. Use your device in a safe manner that does not create a risk to your safety or the safety of others around you. While driving, always use a hands-free device and never use your device to send text messages. Always use your device in accordance with all applicable laws and regulations.

You understand that the underlying wireless service carrier, us, or any network intermediary cannot guarantee the security of wireless transmissions and will not be liable for any lack of security relating to the use of the Service.

9. NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

We respect the intellectual property of others, and we ask you to do the same. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, we will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information. Please be advised that to be effective, the Notification must include ALL the following:

(a) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Website;

(d) Your address, telephone number, and email address and all other information reasonable sufficient to permit us to contact you;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices Should Be Directed To:

Copyright Department
STX Group, LLC
1418 Kensington Square Court Bldg. D
Murfreesboro, TN 37130
Email: [email protected]

10. YOUR BILL

Your billing statement is a record generated after a billing period ends and includes all activity from the billing period. To review charges for the current billing period, please sign into your account, locate the phone number for which you have the inquiry, and select the link to view charges. If you think there has been an error with a charge to your account, you must notify us promptly by using the methods indicated on our website. If you do not notify us within five (5) business days of the charge, you waive any right to dispute the charge, including arbitration or a court proceeding. If you notify us within five (5) business days and we determine that the disputed charge was inappropriate, we will credit, refund, or provide other compensation to you. If we credit, refund, or provide other compensation to you to settle a disputed charge, you agree that the dispute is fully and finally resolved and not subject to further proceedings for any reason.

Your billing period for Service begins when you activate your phone and/or SIM card on our website or by making the request to our representative using our live chat service, ticket system, or electronic mail. When we ship the order containing the phone and/or SIM card ordered, you will be sent an email to notify you of the shipment. Service must be activated, and billing started within thirty (30) days of the date in the email. If you do not activate the service within thirty (30) days, we will activate service for you, from which time you are responsible for all billing and other activities which are not refundable. If a request to transfer a phone number from a previous provider was included in your order, that request will be submitted at the time Service is activated. We are not responsible or liable for any complications that may arise from the phone number transfer request being submitted or Service being activated.

PAYMENTS AND CREDITS. You are responsible for all balances due at the time they are due. All accounts require a valid payment method and enrollment in autopay. Payments are automatically collected from the payment method marked as primary on the account. If the primary method of payment fails, all payment methods on file may be used to satisfy the amount due. We are not responsible for any payment that was not automatically collected from the payment method(s) on file and may have resulted in temporary suspension or permanent disconnection of service, which may include the loss of a phone number.

We may offer referrals and other promotional or non-promotional credits from time to time. These credits are limited to one use per account/household unless otherwise noted. Credits are not guaranteed to be applied by a specific date or within a specific period.. We reserve the right to cancel, reverse, or not apply credits to an account for any reason. Reversal of credits will result in a past due account balance that is collected from the payment method(s) on file without notice. If referral information or a promotional code is not included or is not valid at the time the account was created or when an order is submitted, the credit will not be applied to the account(s). Promotional credits or offers and discounted sales pricing do not extend to replacement phone or SIM card purchases. Line must be active with a validly issued SIM card to receive promotional offers and/or credits.

ACCOUNT SUSPENSION FOR NON-PAYMENT. If we have attempted to charge your registered payment method for a charge that we deem is authorized and valid under this Agreement, and the credit/debit card company withholds such payment, we reserve the right to suspend access to our Service until payment is received. If payment is not received within 20 days of the original due date, Service will be moved to permanent cancellation and the phone number will be lost.

CREDIT CARD DISPUTE. Before filing a dispute regarding a charge from us, please contact us directly. If a dispute is filed with a financial institution that involves payment for products or services provided by us, we reserve the right to block, suspend, or cancel Service until the issue is resolved and the disputed balance, along with fees charged by us, is paid in full. If a dispute claims or suggests that we did not process a requested cancellation of Service, we may interpret it as a request to immediately cancel Service and cease further charges from accruing to the account or any other account that is linked to the same payment method. We may also take actions to block the activation of new Service.

We may charge a fee of $30 for each payment dispute filed. If details of the dispute suggest fraud or improper or incorrect charges, we may suspend, block, cancel, or deactivate Service and report any equipment used in conjunction with Service as lost or stolen to protect our business operations. You will continue to be liable for the balance of the account, which is not refundable and which may be referred to an outside agency for collection. In the event of a past due balance, repeated account suspensions, or cancellations for non-payment, we may, without notice, use any method necessary to collect the balance due and require additional pre-payment of funds to continue using or start new Service. If we determine, in our sole discretion, that you have Service or are connected in any way to a different account, we may suspend, block, cancel, or deactivate Service on that account and require payment of all amounts due before restoring service.

THIRD PARTY CHARGES. Please review all terms and conditions of any third–party applications (“Apps”), products or services that you may access or download. We are not responsible for any third-party information, content, applications, or services you access, download, or use on your device. We are not responsible or liable for any charges, fees, or other monies due relating to the use of Apps, products, or services that came preloaded or were downloaded later to your device with or without your knowledge. We are not responsible or liable for any negative result that may stem from the use of any Apps, products, or services produced by a third party, regardless of how it was provided, presented, or made available to you. You must contact the third party directly regarding any issue and you are responsible for maintaining virus and other Internet security protections when accessing these third-party products or services.

FINANCING ARRANGMENTS. As a Customer and/or as a device purchaser, you may be able to finance your purchase. Financing may come from a third party that you, as a consumer, may find independently from us or you may be eligible to finance your purchase with a potential integrated preferred lender, such as PayPal. We will strive to enable links and other features in the purchase process that significantly ease the difficulty of financing transactions as a courtesy to our customers. However, as with any other independent financing arrangement, any borrowing from PayPal or other preferred lender is based on your relationship with that lender and we have no responsibility for or ability to approve, review, reject, edit, or mediate such financing transaction. Your arrangement with any lender including PayPal will be entirely dictated by the terms you agree to with that lender. We encourage you to completely understand the lender’s terms of services and any loan repayment details.

LOST OR STOLEN DEVICE. If your device is lost or stolen, you are responsible for all charges stemming from the use of the device. You can suspend your device by logging into your account on our website and accessing “Line Settings” in the “Account Settings” menu. The option to suspend a phone number does not cancel or stop billing for services. You remain responsible for all monthly charges and fees incurred while a phone is suspended.

SERVICE REFUNDS. We offer a full customer satisfaction refund, excluding shipping fees and any incidental charges applied to the account, when cancellation is processed within the first 30 days of service following activation, except when any term of this Agreement is violated. The 30-day period begins when you begin paying for Service, which is the date on which billing is started. To be eligible for a customer satisfaction refund, it must be requested via our Chat service within ten (10) days after the date that the Service is cancelled. There will be no refunds when Service is activated from a location outside the United States.

You are responsible for all charges billed to your account prior to service cancellation. Service refunds are not issued until all phones and SIM cards purchased in conjunction with the Service are returned by following the policy for Returns/Exchanges/Warranty as described in that section of our policies and terms. Further, no refunds will be allowed when the cancellation is due to a violation of our terms.

11. DISCONNECTION AND TERMINATION OF SERVICE

CANCELLING YOUR SERVICE. To cancel your Service at any time, please contact our customer support department by utilizing our live chat service. As with all customer interactions involving changes to Service, you must be prepared to provide information sufficient for us to verify your identity. Requests to cancel Service using any other method may be rejected. When your Service is cancelled, a cancellation confirmation notice is sent to the email address on file for your account. If the confirmation message is not received, then Service is still active. You are responsible for all usage and charges prior to our processing the request for cancellation. These charges are not refundable.

As set forth in Section 8 above, we reserve the right to suspend, block, or cancel your Service and access to the website or any other website we operate, at any time if we determine, in our sole discretion, that you have violated this Agreement, Terms of Service, or any of our rules or policies, or for any other reason in our sole discretion.

Service may be suspended or permanently terminated without notice if our agreement with the underlying wireless service carrier is terminated for any reason. You waive all claims against us, our officers, employees, other customers, directors, vendors, as well as our underlying wireless service partner.

If we cancel your Service, your account will be deactivated, you may lose your Phone Number, and we will assess a termination charge equal to the balance on your account, which is not refundable. You will be responsible for all charges and fees prior to the termination of Service as well as any usage that occurred prior to cancellation but billed after the termination of Service.

ACCOUNT SUSPENSION FOR NON-PAYMENT. If we have attempted to charge your registered payment method for a charge that we deem is authorized and valid under this Agreement, and the credit/debit card company withholds such payment, we reserve the right to suspend access to our Service until payment is received. If payment is not received within 20 days from the original due date, Service will be moved from a state of temporary suspension to permanent cancellation and the phone number will be lost.

CREDIT CARD DISPUTE. We strongly recommend contacting us before filing a dispute regarding a charge from us. If a dispute is filed with a financial institution that involves payment for products or services provided by us, we reserve the right to block, suspend, or cancel Service until the issue is resolved and the disputed balance, along with fees charged by us, is paid in full. If a dispute claims or suggests that we did not process a requested cancellation of Service, we may interpret it as a request to immediately cancel Service and cease further charges from accruing to the account or any other account that is linked to the same payment method. We may also take actions to block the activation of new Service.

We may charge a fee of $30 for each payment dispute filed. If details of the dispute suggest fraud or improper or incorrect charges, we may act by suspending, blocking, cancelling, or deactivating Service and reporting any equipment used in conjunction with Service as lost or stolen to protect our business operations. You will continue to be liable for the balance of the account, which is not refundable and may be referred to by an outside agency for collection. In the event of a past due balance, repeated account suspensions, or cancellations for non-payment, we may, without notice, use any method necessary to collect the balance due and require additional pre-payment of funds to continue using or start new Service. If we determine, in our sole discretion, that you have service or are connected in any way to a different account, we may suspend, block, cancel, or deactivate Service on that account and require payment of all amounts due before restoring service.

12. TAXES, FEES, AND SURCHARGES

You agree to pay all federal, state, and local taxes, fees, and other assessments that we are required by law to collect and remit to the government on the Services we provide to you. You agree to pay all surcharges ("Surcharges") that may be imposed by us to help defray costs imposed on us, which may include, but are not limited to: cost recovery for Federal Universal Service, various regulatory charges, our administrative charges, gross receipts charges, certain taxes imposed on us, and other charges for the costs we incur as described or itemized on your bill. The number and type of taxes, fees, and Surcharges may vary depending upon the location of the billing address and can change over time without notice.

If you are claiming any tax exemption, you must provide us with a valid exemption certificate and allow up to thirty (30) days to validate and process. Tax exemptions will not be applied retroactively.

13. ASSIGNMENT

This Agreement may not be assigned or transferred by you. We may, however, upon five (5) days’ written notice to you, assign all our rights, duties, and obligations hereunder to another organization or wireless service provider.

14. CUSTOMER PROPRIETARY NETWORK INFORMATION.

We have a duty under federal law to protect the confidentiality of Customer Proprietary Network Information (“CPNI”) or information about the quantity, technical configuration, type, destination, and amount of your use of our Services, together with similar information on your bills. CPNI does not include your name, address, and wireless phone number. Except as provided in this Agreement, we will not intentionally share personal information about you without your permission. We may use and share information about you (a) to provide our goods or services; (b) so others can provide goods or services to us on your behalf; (c) so we or any of our affiliates can communicate with you about goods or services related to the ones you already receive; and (d) in response to written subpoenas by authorized law enforcement requiring the release of any and/or all usage details to anyone other than you. If you wish to authorized other individuals the ability to change and/or discuss your account, you must provide us, in writing, with authorized individuals, such as family members or authorized business affiliates, who may obtain certain information regarding your account. We do not publish directories of our customers' phone numbers. We do not provide or sell our customers' phone numbers to third parties for listings in directories or for telemarketing purposes.

15. WAIVER

Failure at any time to insist upon strict compliance with any of the provisions of this Agreement shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the Agreement.

16. ENTIRE AGREEMENT

This Agreement, including your Service Plan, Policies on our website, and the published Rates and Charges, which are part of this Agreement, contain the sole and entire Agreement between you and us.

17. ARBITRATION/WAIVER OF CLASS ACTIONS

Most customer concerns or disputes can be resolved through our customer support representatives. However, if either of us has an issue which cannot be resolved, you, and we both agree to submit to binding arbitration before a qualified Arbitrator within the jurisdiction. This means that, other than as provided below, all disputes arising from or relating in any way to your Services, whether under these Terms & Conditions or not, will be resolved through arbitration, not in court or through judge or jury. Moreover, to the fullest extent allowed by law, both of us agree to waive any rights to pursue a claim arising from or relating to these Terms & Conditions or the Services as a class action; that is, you or we will not join a claim with the claim of any other person or entity or pursue a claim on behalf of any other person or entity. The arbitration shall take place in Rutherford County, Tennessee. The waivers in this section continue in force and effect after the termination of this Agreement. Only actions relating to failure to timely pay billed charges, such as service charges and related fees and taxes (collection claims), may be brought in a court; provided that all such actions will be brought in small claims or another court with jurisdiction; and further provided that if any counterclaims or claims unrelated to collection are asserted in the action by any party, then the case shall be transferred to arbitration.

18. WI-FI CALLING

Wi-Fi Calling allows you to make and receive calls over a Wi-Fi connection. To use Wi-Fi Calling, you must first activate HD Voice on your smartphone, followed by accepting the Terms and Conditions and entering the U.S. address where you want emergency service sent if you call 911. It is especially important that you update your 911 address (which can be done at any time through your device settings) whenever you change your location, since this is the location that will be given to emergency services when you dial 911. You must also have access to the Internet through your device's Wi-Fi connection. If you lose your Wi-Fi connection while on a call, your call may drop. You can disable Wi-Fi Calling by going to Settings and toggling it off.

Any Wi-Fi call made to a U.S. number will be treated as a domestic call, no matter where the call originates. Any Wi-Fi call made to a non-U.S. number will be treated as an international call and subject to any restrictions on international calling.

WARNING – IMPORTANT EMERGENCY 911 CALL LIMITATIONS:
When calling 911, always tell the operator where you are. Your 911 call will go over Wi-Fi only if the cellular network is unavailable. It is especially important that you update your 911 address (which can be done at any time through your device settings) whenever you change your location, since this is the location that will be given to emergency responders when you dial 911. 911 calls made over Wi-Fi may be delayed or unsuccessful (for example, if the 911 system does not recognize the address, electrical power is out, or your Wi-Fi connection is not working).

19. ACKNOWLEDGEMENT

Your acceptance of this Agreement or use of the service acknowledges that you have read, understood, and agree to be bound by the terms and conditions herein.

 

Key Guidelines For International Long Distance
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  1. Countries available are subject to change at any time without prior notice.
  2. Calls are restricted to 15 destinations phone numbers during your Twigby Mobile monthly billing period.
  3. The International Long-Distance partner has right to limit excessive or inappropriate use.
  4. Expires thirty-one (31) days after Activation and/or Renewal of service plan and can only be utilized while Twigby Mobile Plan is in active status.
  5. International Calls to allowed countries are available to Twigby Mobile users thru through the Twigby Mobile International Partner.

International Long Distance Consumer Agreement

Background
As a Customer, you may be allowed the use of international calling features to select countries under a plan. We rely upon a third-party vendor to provide these services, and that vendor has their own set of terms required for our customers to access those features. Below are those terms which dictate only use of international portion of our offering. The below terms are written by that vendor for our customers.

Introduction
This ILD Consumer Agreement (“Agreement”) sets forth the terms and conditions that apply to International Calling Services from the provider that are a part of your calling plan with us. By using the Services, you agree to the terms and conditions in this Agreement and any changes that may be made to the Agreement. If You do not agree to the terms of this Agreement, do not use the Services. The use of the international calling options provided by us represents acceptance of these terms.

Definitions
“Account” refers to usage within a billing cycle for a predetermined set of international destinations provided through our website which are associated with the Consumer’s phone number allowing Consumer to purchase and use the Service. “Elite Telecom,” “We,” “Our,” and “Us” means NetworkIP, LLC (d.b.a. Elite Telecom) “Client” or ”provider” means STX Group, LLC and its affiliates, distributors or retailers authorized to market and/or distribute the Service. “Service” means the International Long Distance (ILD) Service provided by Elite Telecom which provides the Consumer with international calling capability. “Consumer,” “You” and “Your” means the end-user of the Service also the owner of the Account. “Website” is the website found at the client’s website such other location as designated by Client and contains the specific prices and charges, Service descriptions and other terms and conditions not set forth here that apply to the specific Service. You can also request information about the specific prices and charges, Service descriptions and other terms and conditions not set forth here that apply to the Service by contacting the client at their customer service chat group. This Agreement incorporates by reference any disclosures, provisions, limitations, or other information provided with, or printed on any promotional materials associated with the Service.

Charges and Payment: Price, Feature and Rate Changes
Any changes associated with the Service will be effective from the time they are posted or available through the Website. The terms and conditions of the Service, including available destinations in conjunction with the use of the Service are subject to change at any time without prior notice. The Service offered through the provider is provided solely for live dialogue between, and initiated by, two individuals for personal use and not for commercial use or resale. Any user on an unlimited Client’s Voice service plan or other service plan should be aware that neither the Client nor Elite Telecom will allow UNREASONABLE USE. Certain destinations may be limited to an advertised maximum number of minutes. Each Account will be allowed to call up to 15 unique destination numbers per cycle which expire the earlier of 31 days after last renewal by the Client to ILD provider or the underlying Client’s plan terminates. The number of personal use calls to these unique destination numbers is not limited and automatically resets when the Account is renewed. You may contact Customer Service at the Website if You have any questions about the Service or available destinations associated with the Service.

Suspending/Canceling the Service
If We have reason to believe that You or someone else is abusing the Service fraudulently or unlawfully through Your Account, or if Your form of payment for the Client’s Service is cancelled, disabled, discontinued or otherwise dishonored, We reserve the right to immediately suspend, restrict, deactivate or cancel the Service and close Your Account or restrict international calling without advance notice. In the event of suspension or cancellation of the Service due to any other aforementioned reasons, Elite Telecom may from time to time discontinue offering the Service, or if necessary, cancel all Accounts, immediately upon a determination by any governmental authority that the provision of the Service is contrary to any law, rule, or regulation or upon Your violation of this Consumer Agreement.

The Service may not be used for any other purposes, including, but not limited to, loaning or renting Your handset to third parties, conference calling, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing, autodialed calls, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between two individuals. If usage, dialing or calling patterns We deem connote non-personal use, we reserve the right to suspend, terminate, or restrict Your Services with no prior notice and not allow You to reactivate the Service.

Elite Telecom and its Client are not responsible for any ancillary costs incurred by You, including but not limited to, cell phone provider charges or fees and/or penalties incurred by the Consumer in the event the Consumer uses the Service for any unlawful purpose or any related cancellation of Service.

Restrictions on Use; Intellectual Property
All of Elite Telecom and Client trademarks, service marks, symbols, logos, other identifying indicia and the intellectual property rights thereto (collectively “Marks”) are the property of Elite Telecom or its Client and You shall have no right in or to the Marks or any right to use the Marks including any and all Marks associated with the Service and the Website. You are not permitted to commercially resell the Service or to print, produce, sell, or distribute anything containing the Marks or to sell or distribute any telecommunication products that use or are associated with the Service.

Indemnification
You agree that Elite Telecom or its authorized Clients shall not be responsible for any third-party claims against Elite Telecom, Client and/or You that arise from Your use or attempted use of the Service or Your Account. Further, you agree to reimburse Elite Telecom and or Client for all costs and expenses related to the defense of any such claims, including attorneys’ fees, unless such claims are based upon Our willful misconduct or gross negligence. This provision will continue to remain in force after the Agreement expires or is otherwise terminated.

Limitations of Liability
This section describes Elite Telecom’s or its authorized Clients responsibility for any claims for damages You may assert arising out of the failure of the Service or any other claims You may assert in connection with the Service, or in connection with the transfer of funds to Your Account or with this Agreement. We are not liable for any Service failures. Except as otherwise expressly provided herein, We and Our affiliates, authorized distributors, Clients, partners, directors, officers, members and employees are not liable to You or to any third party for any costs, liabilities or damages arising either directly or indirectly from any cause, action or claim relating to the Service, the Website and/or the telecommunication services underlying the Service, including without limitation any actual, incidental, consequential, exemplary, punitive, reliance or special damages, or for any claims for loss of revenue, lost profits, lost use, data, or goodwill or for lost business opportunities of any kind or nature whatsoever. These limitations apply even if the damages were foreseeable or We were told that they were possible, and these limitations apply whether the claim is based upon contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory. We will not be liable for any damages if the telecommunication services underlying the Service are interrupted, or if there is a problem with the interconnection of the Service with the service, products, or equipment of some other party. This section will survive the expiration or termination of the Agreement. Because some jurisdictions do not permit the exclusions or limitations of incidental or consequential damage, Elite Telecom’s liability in such jurisdictions shall be limited to the extent permitted by law.

Warranties
You acknowledge that (a) the Service is provided by Elite Telecom “AS IS”, and (b) we make no warranty to You or to any third party whatsoever, directly or indirectly, express, implied or statutory, as to the suitability, durability, description, quality, title, non-infringement, merchantability, completeness or fitness for use or purpose of the Service or any Elite Telecom product associated with the Service. All such warranties are hereby expressly excluded and disclaimed. We also make no warranty that the Service will be uninterrupted or error free. We do not authorize anyone, including, but not limited to, Elite Telecom employees or Clients, to make any warranties on Our behalf and You should not rely on any such statement. Your use of the Service is solely at Your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to You.

Miscellaneous Emergency Calls
Elite Telecom’s applications and services are not a replacement for Your cellular service and You will not be able to make emergency calls (e.g., 911) using them. If You do attempt to make an emergency call while using Our application or services, the application will close and the call will be attempted using Your phone’s native dialer over any available cellular network. Our services do not prevent You from using Your phone to make emergency calls, however cellular service may not be available everywhere. If You are in a location without cellular service, You will need to make other arrangements. Emergency calls are NOT supported outside the domestic USA.

No Third-Party Rights
This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.

Acts Beyond Our Control
Neither You or Elite Telecom or Client will be responsible or liable to the other for any failure to perform duties under this Consumer Agreement where that failure is due to an act outside the reasonable control of You, Elite Telecom, or Client (Force Majeure Event), including but not limited to the failure to perform due to any of the following: fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, or acts of regulatory or governmental agencies.

Assignment
We can assign all or part of Our rights or duties under this Agreement without notifying You. If We elect to make such an assignment, we will have no further obligations to You under this Agreement or in connection with Your purchase or use of the Products. You may not assign this Agreement without Our prior written consent.

Notices
Any notice from Elite Telecom to You under this Agreement will be provided by one or more of the following: on Our Website, a recorded announcement on a Product, letter, or a call to a telephone number provided by You.

You may contact Us by mail at:
Elite Telecom
119 W. Tyler Street
Suite 100 Longview, TX 75601

You may contact Client by mail at:
STX Group, LLC
1418 Kensington Square Court
Building B
Murfreesboro, TN 37130

Separability
If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.

Governing Law
This Agreement will be governed by the laws of the State of Texas, without regard to its choice of law rules. This governing law provision applies no matter where You reside, or where You use, purchase or pay for the Products.

Entire Agreement
This Agreement (which incorporates by reference the Website Terms of Use) constitutes the entire agreement between You and Elite Telecom and its Clients and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral. This Agreement can be amended only as provided in the Changes to the Agreement section below. No written or oral statement, advertisement, or service or product description not expressly contained in the Agreement or the Website will be allowed to contradict, explain, or supplement this Agreement or the Service. Neither You or Elite Telecom is relying on any representations or statements by the other party or any other person that is not included in this Agreement.

Changes to the Agreement
This Agreement may only be changed in the manner provided for in this section. Elite Telecom or Client may change this Agreement, and the information contained elsewhere on the Website from time to time. All such changes will be effective at the time of posting on the Website. You may see the current agreements and terms of Use at the client’s website.

 

Privacy Policy
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Information We Collect from You in Connection With the Service.

We limit the information collected about you to only what is needed for conducting business and offering products and services that might be of interest to you. We collect your name, address, email, phone number(s), images, voice recordings, and year of birth. You may also choose to provide individually identifiable information to us through our website (for example, by sending us an e-mail, applying for a job, etc.). We also use customer information for internal purposes, such as to detect and prevent fraud, to authenticate you, to maintain billing records, and to protect our networks, services, customers, and employees.

Depending on which of our services you use, we may also collect information concerning call records containing phone numbers you call and receive calls from, web sites you visit, browsing activity, operating system information, connection speed, text records, location data, application and feature usage, product and device-specific information and identifiers, router connections, domain name server information, service options you choose, video streaming and video packages and usage, movie rental and purchase data, TV and video viewership, and other similar information. We also collect information from other parties, such as credit reporting agencies.

We do not collect individually identifiable information from you unless you provide it to us, nor do we sell the names and addresses of visitors to our web site to unaffiliated suppliers without providing information on that disclosure where the individually identifiable information is collected.

We may use customer information as necessary to provide you the most helpful and targeted products and services to meet customers' needs (e.g., customer care or new products or services). When we provide you with such information, we do not share your customer information with the provider of any product or service.

When you purchase or use services from a third-party, whether through our web site or an App that you download, the other company's privacy policy may describe uses of information that are different from ours.

We honor customers' requests to remove their names from our telephone or mail solicitation lists, using reasonable efforts to delete the information from existing files. Please contact us to make such a request. When undertaking projects with other companies, we provide access to customer information with an understanding that our business partners will also treat the information with respect for privacy concerns. If you wish to restrict the use of your personal information, you may:

If you wish to opt out of our sharing your personal information entirely, please contact customer service on our website.

Because we appreciate the trust you have placed in us, we continually look for ways to enhance that business relationship. So, from time to time, we may let you know about a product or service provided by a third party. Using the information you have provided to us, we strive to limit our offers to those we think you would appreciate receiving. No personal information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. We want every contact you have with us to be a positive experience. So, if you would prefer not to receive these value-added services, offers and opportunities, please contact us.

In addition to individually identifiable information, we may collect information automatically when a visitor enters our web site, such as the domain name, browser, the type of computer operating system, information about the webpage from which the visitor linked to the site, and time spent on different pages within the site. We may use this information to evaluate and improve the site and may share the information with business partners and operational partners as required to deliver our Services.

Children should consult with their parents or guardians before furnishing any data to us. We believe that parents should supervise their children's online activities and may consider using one of a number of available parental control tools that provide a child-friendly online environment and can prevent children from disclosing individually identifiable information without parental consent, especially for children under the age of 13. If a child has provided individually identifiable information without the consent of a parent or guardian, that parent or guardian should contact us to request that the information be deleted from our records.

We strive to form partnerships only with companies with an understanding that our business partners will treat our customers with respect regarding privacy concerns. However, we are not responsible for the content or privacy policies of other sites. You should keep this in mind when accessing sites on the Internet, or through links on our website.

We will constantly strive to improve the services we may offer and may update this privacy statement from time to time in connection with that effort. We reserve the right to expand our capabilities for information collection and use and may change our policies along with this privacy statement at any time.

Information Collected When You Visit Our Website

When you browse our website, information is collected about your device and your visit.

We use this information for performance measurement purposes, including monitoring statistics such as how many people visit our websites, which pages people visit on our site, how much time is spent on each page, and which browsers are used to visit our sites.

We and our third-party vendors who support our products and services also use information collected on our website to help us deliver more relevant marketing messages. These messages may be delivered on our websites or on websites of others. Certain third-party vendors may place and read cookies on our sites to help us deliver our marketing messages on our sites and on third party sites. Going to https://tools.google.com/dlpage/gaoptout/ will describe how you may opt-out of these advertising programs.

State Privacy Laws

If you live in California, you have rights under the California Consumer Privacy Act, California Consumer Privacy Act (CCPA) | State of California - Department of Justice - Office of the Attorney General.

You have additional rights if you live in Colorado, Connecticut, Delaware, Illinois, Iowa, Maine, Montana, Nebraska, Nevada, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, Virginia, and Washington.

If you have questions about your rights under state laws, please consult the state agency responsible for their privacy laws.

 

Internet Transparency Disclosures
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1. Broadband Internet Access Services Description.

We provide broadband Internet access services to homes, businesses, and mobile devices using 4G and 5G wireless technologies. The technologies, prices, and speeds we can offer for mobile or fixed wireless services will depend on where you are in the partner network when you are using data service. To learn the details of the services we offer to your address for mobile nationwide, see our website and click on “Broadband Facts” for pricing, expected download speeds, plan limitations, and related plan information. You can also send us a message or use “Chat” on our website. The prices and speeds for mobile wireless service will also depend on the plan you select and account settings. Note that all of our plans may limit your speed, per the selected Service Plan, when you reach your high-speed data threshold.

2. Limitations of Wireless Internet Services.

Wireless Internet access is provided on a best-efforts basis. We will provide service at the speed capabilities of your plan and service technology, subject to limitations inherent in the service technology and other factors beyond our control. Factors affecting speed include: your distance from our cell tower or switching center, network congestion, atmospheric conditions such as rain, vegetation, the equipment you use, speeds of the websites you visit.

3. Real-time Applications.

Subject to the foregoing limitations of wireless services and the speeds offered in the service plan you choose, our services are suitable for most or all real-time applications, including web surfing, movies, gaming, voice over IP, and music. 4G service can provide the fastest data services and will generally support all real-time applications. Occasionally, at times of peak network usage, some applications may run more slowly than usual. 3G service may not satisfactorily support video streaming or certain gaming applications well on partner networks. If your access is limited to 2G service only real-time applications that do not require the fastest speeds will work. Because of our data thresholds, heavy use of streaming or gaming applications may slow your service to a speed that does not support those applications well, if you reach the threshold in a given day.

4. Network and Congestion Management.

We manage our service with one goal: to deliver the best possible broadband Internet experience to all of our customers based on the plans selected. High-speed bandwidth and network resources are not unlimited and must be shared by all users that rely on our partners’ networks. The partners’ management of those networks are essential as we work to promote the use and enjoyment of the Internet by all of our customers. We and our network partners use reasonable network management practices consistent with industry standards and regulations. These practices do not discriminate among content or websites. When a cell site experiences high demand, data speeds for users on that site may be slower for all applications until traffic levels return to normal.

5. Non-Discrimination.

We are committed to providing all of our customers with the best online experience possible. We do not inhibit the ability of our customers to access the Internet through our wireless broadband services. We permit the use of broadband services for browsing the Internet, using email, downloading and uploading content via the Internet, accessing and using corporate email and/or corporate business applications associated with our customers’ places of employment and other uses that are lawful and not harmful to the network or others.

6. Device Attachment Rules.

All phones and devices connecting our customers to the carrier’s network must be provided by us or be technically compatible with and not harmful to our partner’s network. Compatible with Our partners’ network can be found at our retail website. We are not responsible for the compatibility, suitability or functionality of any equipment that is provided by the member of staff or any third party. If any such equipment harms our network or degrades the service of other users, the member may be required to disconnect the device and, in some cases, we may suspend or terminate service to customers that in our sole judgment are causing or contributing to harm.

7. Acceptable Use Policies.

Your use of our Internet access services is subject to an acceptable use policy (“AUP”). The AUP can be found within our Terms and Conditions on our website. In general, the AUP prohibits activities that are unlawful or harmful to us, our network partners, or other Customers, whether those activities are initiated by you or are directed against you by third parties, such as spam or denial of service attacks.

8. Privacy.

a. Privacy Policy. Our Privacy Policy is shown above.

b. Network Management and Security. To maintain and improve our overall service levels for all our Customers, we and/or our network partner may measure and monitor network performance and the performance of your Internet connection. We may suspend or terminate service to members that in our sole judgment harm the network or other users. We do not block lawful traffic based on content. Sometimes we must make a judgment regarding malicious network-impacting traffic in order to protect our customers, such as for example, major sources of spam and other malicious actors. We block Internet addresses that are disruptive or malicious and typically persistent, based on third party intelligence.

c. Third Party Content and Services. We are not responsible for the information, content, applications, or services provided by others. Before you access, use, link to or download any service or application on your computer or wireless device, you should review our associated terms of service and privacy policy. We also recommend that all customers install, use, and keep up to date applications to protect their devices from viruses and malware.

d. Law Enforcement and Copyrights. Upon receipt of a reasonable request for information from law enforcement, we will cooperate as required or allowed by law. In the event of actual or alleged violations of copyright, we may inspect network and member traffic and will comply with the requirements of the Digital Millennium Copyright Act. In some cases, we may suspend or terminate service to customers who in our sole judgment are repeat copyright infringers.

9. Questions or Complaints.

If you have questions or complaints about our broadband Internet access service, you can send us a message or use “Chat” on our website. We find that most customer concerns or disputes can be resolved through our customer service representatives. However, any disputes that cannot be resolved without third-party intervention will be resolved by binding arbitration in accordance with the terms of our service agreement.

 

Return, Exchange and Warranty Policy
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IMPORTANT PLEASE READ
When returning or exchanging a phone, it cannot be locked in any way. If you are returning a smartphone, all accounts must be removed and for iPhones, Find My iPhone must be turned off.

Please check online in our FAQ, search on “returns,” for steps required to return a phone or any equipment. If a phone is received by us and these steps have not been followed, it will be returned, and the account will be billed a $15 non-refundable shipping fee. If you need concerning what to do before returning a phone, please click “Chat” on the website to chat with a representative.

We know that occasionally things don’t always work out as expected. For this reason, we have designed a comprehensive program for our return, exchange, and warranty policies.

To receive a full refund due to a return, exchange or warranty claim, the phone must be in its original condition and accompanied by all components. This means there cannot be any minor cosmetic wear such as scratches (of any measure) on the screen or slight imperfections on the sides and/or back. Missing items, scratches, imperfections, or damage will reduce your refund and in severe cases could eliminate the refund. If the phone or components are deemed by us to not be in their original condition, a non-refundable fee will be charged that may equal the full purchase price of the phone. Once received, returns are typically processed within 5 business days. Upon request, we will return a non-refundable phone and apply a $15 non-refundable shipping fee. If components are damaged or missing upon our receipt of the phone, the following refund reductions will apply:

1. Battery: $20
2. Charger: $15
3. USB Cable: $10
4. Battery Door (if removable): $15
5. SIM Card: $5
6. Packaging (box): $5

PHONE RETURNS

If a phone purchased from us is found unsatisfactory and has less than 100 minutes of use, it can be returned within 14 days of receipt date for a full refund of the purchase price (excluding shipping). The phone and all components included must be in their original condition as outlined above. We do not cover the costs associated with returning the phone to us. Upon request, we will provide a prepaid shipping label to return the phone for $15.

ACCESSORY RETURNS

There are no warranties or exchanges. Accessories can only be returned in conjunction with a 30-day satisfaction cancellation of service. Accessory must be unused and not removed from packaging to be eligible for a refund.

PHONE EXCHANGES

A phone can be exchanged for a different model within 30 days of receipt date for a refund of the purchase price (excluding shipping) with a non-refundable exchange fee, which is the greater of $15 or 15% of purchase price. To exchange a phone, the original phone that is being exchanged must include all included components and be in the original condition. This means there cannot be any minor cosmetic wear such as scratches (of any measure) on the screen or slight imperfections on the sides and/or back. Missing items, scratches, imperfections, or damage will reduce and could eliminate the amount of the refund for the original phone.

PHONE WARRANTY

NEW PHONE WARRANTY PERIOD:
One year from purchase date. The warranty is directly with us and not the manufacturer.

CERTIFIED/PREVIOUSLY OWNED PHONE WARRANTY PERIOD:
60 days from purchase date. The warranty is directly with us and not the manufacturer.

Standard Warranty
We will evaluate the phone upon receipt. If the phone is found to be in warrantable condition, we will send the phone to the specified vendor to facilitate the warranty. When the phone is returned or replaced by the vendor, which may take 3-5 weeks, we will inspect and verify the problem is resolved. If resolved, we will return the phone for use. We cannot guarantee that the phone received back will be the same exact phone that was sent in. Many times, the initial phone cannot be fixed, and a replacement is issued. For this reason, please make sure that all data such as contacts and pictures are backed up accordingly. If the phone is found to be NO TROUBLE FOUND (NTF), we will return the phone and charge a $15 non-refundable NTF fee. If the phone is found to have NON-WARRANTABLE damage such as physical abuse, liquid damage, modified software, etc., the phone can be returned, upon request, for a $15 non-refundable shipping fee.

To begin a Standard Warranty claim, simply click the “Chat” button on our website to chat with a representative.

Fast Exchange Warranty
The quickest and easiest way to manage a warranty claim is our Fast Exchange Warranty. Simply pay a $30 Fast Exchange fee along with the cost of the replacement phone. We will ship the replacement phone so the user will not be without a phone to use during the warranty process. The defective phone must be returned to us using the return label provided within 10 days of return label email. If not received within 20 days, no refund will be processed for the defective phone. If the defective phone is found to be in warrantable condition, we will refund the purchase price of the original phone to the credit or debit card on file. The $30 fee is waived during the first 30 days of the warranty period.

If the defective phone is found to have NON-WARRANTABLE damage such as physical abuse, liquid damage, modified software, etc., the cost of the defective phone is not refunded. If there is NO TROUBLE FOUND (NTF) with the phone, we will charge a $15 non-refundable NTF fee.

To begin a Fast Exchange Warranty claim, simply click the “Chat” button on the website to chat with a representative.

SIM CARDS

We offer no warranties or exchanges for SIM Cards. If a SIM card was purchased in conjunction with obtaining service, it must be returned before a 30-day satisfaction guarantee refund will be processed.

HOW TO SUBMIT A RETURN REQUEST

To start the return process, simply click the “Chat” button on our website. A return authorization number will be provided. Before shipping the phone back, the authorization number must be written on the outside of the shipping box.

*Please note that any warranty offered by us is only valid while the phone is active with us.