Twigby Polices & Terms

Terms of Service
Privacy Policy
Net Neutrality Disclosure

Terms of Service

Introduction

These are your terms of service (“Terms of Service”) and apply to your Twigby phones (“Devices”), accessories, as well as any such devices brought to Twigby through the 'Bring Your Own Device' program (“Devices”), and your use of Twigby’s mobile services (“Services”).

These Terms of Service apply to all of the Devices we sell and the Services we offer including the Service Plan, features and terms related to the minutes (“Call Units”), text messages (“Text Units”),Multi Media Service (MMS) Usage, and data (“Data Units”) you use.  Please read your Terms of Service carefully.

Your Terms of Service become effective when you accept them, which you do by creating a new Twigby account, purchasing a Twigby Device, activating a Twigby Device on your account, or by activating your own Device on a new or existing account.  When you accept these Terms of Service, you represent that you are at least 18 years of age.

We may change our Terms of Service, including but not limited to our Service Plans, from time to time.  Unless expressly prohibited by law, we reserve the right to modify or cancel our 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 these Terms of Service.  Check our website (Twigby.com) for our most recent Terms of Service.  We will notify you in advance of any change to the Terms of Service by  email, however we are not responsible if you choose to disregard or not read the notification.  If you do not cancel your service within 30 days of the notice, you agree to accept that change.

Services

We provide mobile telecommunications services using the Nationwide Sprint® Network for use exclusively with Devices purchased from us or our partners or Devices activated by us as part of the 'Bring Your Own Device' program.  We cannot guarantee that a device not provided by Twigby, or a Twigby device that has been modified by you or a third party, will be compatible with the Nationwide Sprint® Network, will comply with applicable FCC or other legal requirements, or that you will be able to access and use the Services you have purchased.  If you alter or modify your Device in a way not authorized or recommended by your Device's manufacturer, you may lose functionality, and you may be required to purchase a new Device in order to restore service.

Because your Sprint device is no longer active on a Sprint retail account, many of the device features will no longer work and Twigby, who is responsible for your service, will not support them.  These include, but are not limited to Sprint Zone, Sprint Family Locator, TeleNav GPS, Sprint Radio, Sprint Music, Sprint TV, Sprint Mobile Sync, Sprint Powerdeck, Sprint MY Account, and Sprint Mobile Wallet, Sprint Picture Mail and Sprint Multimedia Services.

Monthly Fees

You will be billed a minimum fee plus taxes and regulatory charges for each Device that is active on your account for all or part of your billing period.  This monthly fee will be noted on your initial estimate of charges.  If you Deactivate (“Cancel”) 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.

Billing Cycle

Charges posted to your account are due at the end of the monthly bill cycle.  Those bill cycles will be set to recur on the day of your initial activation.  However, if that day is the 29th thru 31st which does not always occur in each month, the bill cycle will be set to the first of the next month and will recur on the first of each month.

Units

Twigby Service Plans may refer to Units, where 1 Megabyte of data, or 1 text/MMS message, or 1 minute of voice usage are all equal to 1 Unit.  Please refer to our website or the appropriate section within the Terms of Service for more details.

Call Minutes

Calls are billed in one-minute increments (“Units”), with a minimum time per call of one minute (“Unit”).  Call times are rounded up to the nearest whole Unit.The time of a call will be determined based on the location of the network equipment providing service for a particular call and not the location of your Device or your Device’s area code. Call Units for both inbound and outbound calls are measured from the time the network begins to process the call (before the Device rings or the call is answered) through the network.

The time of a call will be determined based on the location of the network equipment providing service for a particular call and not the location of your Device or your Device’s area code. Call Units for both inbound and outbound calls are measured from the time the network begins to process the call (before the Device rings or the call is answered) through the network.

Standard call Units allow you to call anyone within the United States from anywhere in the United States where our service is available.  Visit our website for our standard Service Plans. Calls made from within the United States to another country or calls while outside of the United States are not permitted. 

An additional fee may be charged for each call to directory assistance in addition to the standard call Units used.  Visit our website for Directory Assistance calling rates. We will not directly complete any calls to 1-900, 1-976 or other pay-per-call services.

Text and MMS Messages

Text and MMS all use 1 Unit when a message is sent or received, regardless of whether it is read or viewed.  The MMS messages will also incur MB unit usage associated with any attached file.

By selecting our unlimited text feature, you can send unlimited text/MMS messages without using the Units included with your Service Plan.  However, with this feature, MMS still uses Units for data.

Text and MMS messages sent to or from a location outside of the United States are not permitted. 

Visit our website for more details on rates for Text and MMS Units.

Data Usage

Data Units are used whenever data is sent or received, regardless of the reason.  Data is billed in increments of one Unit.  One Unit is equal to one Megabyte of data.  Data usage is rounded up to the nearest whole Unit with the minimum usage of one Unit.  Visit our website for data usage rates.

Additional Charges

We may charge additional fees for specialized requests or services related to your account.  We always keep copies of our pricing information on our website.

Taxes and Surcharges

Stated prices for our services do not include taxes or regulatory fees.  We charge state and local sales taxes on all purchases made through our website.  Charges also may include a surcharge for federal and state Universal Service Fund contributions and state and local 911 fees.  Taxes and regulatory fees are subject to change without notice.

Disputed Charges

If you think that there has been an error in any charge to your account, you must notify us promptly after the charge appears on your account.  You can contact us using the methods indicated on our website.  If you do not notify us within 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 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.

 

Third Party Charges

We are not responsible or liable for any charges, fees or other monies due relating to the use of applications (“Apps”), products or services that came preloaded or was downloaded at a later date to your Device with or without your knowledge.  Twigby is not responsible or liable for any negative result that may stem from the usage 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 with any issue.

Payment

Payments are automatically collected from the credit or debit card on file on file at the end of your billing cycle.

High Usage

In cases of usage we deem high or excessive, we may charge your registered card in the middle of the billing cycle for all or a portion of the accumulated bill.  We also reserve the right to suspend accounts until we verify with you that all charges are legitimate.  We may ask for payment to continue 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 the Terms of Service, and the credit/debit card company withholds such payment, we reserve the right to suspend your access to our service until payment is received. For a Credit Card Chargeback, if the Chargeback is not resolved and reversed, your account will be deactivated and we will assess you a termination charge equal to the balance in your account, which is not refundable. If your account is reactivated subsequently, you may be charged a fee for each Chargeback. In the event of 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 in order to continue using or start new service.

Refunds and Returns

Monthly charges are non-refundable.

Lost or Stolen Device

If your Device is lost or stolen, you are responsible for charges incurred until you either suspend the device on our Twigby Website or notify us of the loss . Upon receiving notice that your Device is lost or stolen, we will suspend that Device for you.

Acceptable Uses

You agree not to use our services in any way that is illegal, fraudulent, threatening or abusive, as we determine in our sole discretion. You may not use your phone or device, or our service, for any illegal purpose, including to harass, threaten, abuse, defame or slander any individual or entity. You may not use our service in a manner that interferes with another customer's use of our service or the underlying infrastructure of the Nationwide Sprint Network.

You are legally and financially responsible for all data activity to and from your Device, regardless of who initiates the activity.

Twigby does not charge for roaming usage that occurs off of the Sprint network, however, if a user repeatedly consumes more than 50% of their usage on a roaming network in a 12 month period, Twigby has the right to terminate the service as the user is not primarily” using the network being offered.  Twigby will offer warning to new subscribers if their service address is within good coverage n primary network as determined by Sprint.

Unsolicited Messages

If you intentionally send spam from your Device, we may terminate your service without notice. If we terminate your service, your account will be deactivated, you will lose your mobile phone number, and we will assess you a termination charge equal to the balance on your account, which is not refundable.

Suspension or Termination of Service

We reserve the right to issue a warning and to suspend or terminate your service and access to the Twigby.com website or any other website we operate or to our service at any time if we determine in our sole discretion that you have violated the Terms of Service or any of our rules or policies or for any other reason in our sole discretion.

Loss of Phone Number

When a past due charge has been delinquent for 28 days or longer we will cancel the service and your phone number will be placed back into the common pool to be reused for another future subscriber.  At that point the number will be unable to be ported to another carrier service.

Internet Content

Some content you attempt to access on your Device may not be stored or processed because of memory limitations. You agree that we are not liable for the deletion of or failure to store content, and, in compliance with the Terms of Service, 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.

You are responsible for the content you access on your Device. Some content available on the Internet may be unsuitable for minors, and you should take care when sharing your Device with minors.

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.

Mobile Phone Number

The mobile phone number we provide is for your use while you are a customer. If you cancel your service or your account is deactivated, we may give your mobile phone number to another customer without notice (unless you transfer the mobile phone number to another telecommunications provider in accordance with applicable regulations). While we do not expect to change your mobile phone number, and such changes are rare, under certain circumstances, we may be required to change your mobile phone number; if we do so, however, we will notify you prior to any change.

Network Coverage

Our service is only available in geographic areas covered by the digital service network footprint of the Nationwide Sprint Network.  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, or topographic conditions, 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 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. Our wireless coverage and signal strength is not an exact science. There are gaps in coverage within our 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. You should never rely solely on your mobile phone for emergency calls, including to 911.

Location-Based Services

Location-based services use and provide information based on the location of your mobile phone. When you turn on your mobile phone, it automatically communicates with our network and relays its current location unless you have turned off your mobile phone's location functionality. The accuracy of location-based services may be affected by circumstances beyond our control, including atmospheric, geographic or topographic conditions. We do not warrant or guarantee that location-based services will be available at any specific time or geographic location, or that service will be provided without interruption.

By using our location-based services, you consent to have us or our business partners electronically collect, monitor and track your physical location and the location of your Device. We collect and disclose your location information only to provide you with the location-based services you have requested, or in emergency situations as prescribed by law. If you allow others to use your Device, you are responsible for informing these users that their location information may be collected or disclosed. We will not provide your location information to third parties without your consent other than as prescribed by law.

Safety and Security

We are not responsible for the content or security of voicemail, messages or contact lists you create.

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 mobile phone to send text messages. Always use your Device in accordance with all applicable laws and regulations.

Use of Your Customer Information

When you agree to the Terms of Service, you also agree to the terms of our Privacy Policy available on our website. This policy may change from time to time and includes important information on what data we collect about you, how we use this data and with whom we share that data.

In the course of providing service to you, we may collect certain information made available to us solely because of our relationship with you, including information regarding the nature and type of your service and the calls that you place and receive. We always will handle this data, which is "Customer Proprietary Network Information" ("CPNI"), in accordance with Federal Communications Commission regulations, federal consumer privacy laws and our Privacy Policy. We take reasonable steps to protect CPNI and your other personal information from unauthorized use or disclosure. We will not intentionally share your personal information without your permission. You may elect to receive text messages, email, direct mail and other updates from us by editing your account information on our website.

Law Enforcement

We are legally and contractually obligated to cooperate with law enforcement in the investigation of violations of law. We may disclose to law enforcement authorities and governmental agencies any information, including your name, account history, account information or other transmission data properly requested by law enforcement.

Twigby Website

You may use our website located at Twigby.com 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, which are available on our website.

Dispute Resolution

You  agree to contact Twigby first with any disputes. You must contact us with any dispute by the means indicated on our website. Please provide a description of the problem, all relevant documents/information and the proposed resolution. If we have need to contact we will do so at the last address that you have provided us or on your mobile phone. We each agree to negotiate in good faith to resolve any dispute.

No Trial by Jury

If a claim proceeds in court, we each waive any right that we may have to trial by jury in any lawsuit or other proceeding to the extent permitted by law.

Limitation of Liability

We and you agree to limit claims for damages or other monetary relief against each other to direct and actual damages unless prohibited by law. You agree that we and our business partners are not liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of products or services or under any legal theory, including fraud, misrepresentation, breach of contract, personal injury, product liability or any other theory. We assume no risk or responsibility for your use of any of content. We are not liable for (1) any act or omission of any other company furnishing a part of our service or any equipment provided for such service; (2) errors or omissions of our business partners; (3) any damages that result from any product or service provided by or manufactured by third parties; or (4) any unauthorized or disputed charges for our services that appeared more than 30 days earlier on your online account statement which you did not promptly dispute in accordance with the Terms of Service. You acknowledge that no fiduciary or other special relationship exists between you and us, by virtue of the Terms of Service or your use of our Devices and Services. You also agree we are not liable for missed voicemails or deletion of contacts from your address book, content, or lost messages from your voicemail system.

Warranties

Third Party Device Purchases:  For customers who purchase their Device from a third party that may or may not be linked to Twigby will be subject to the warranty and return policies of the third party.

Twigby Device Purchases:  All new Devices purchased from Twigby come with a one-year manufacturer warranty from original date of sale. All refurbished Devices purchased from Twigby come with a 30-day warranty from original date of sale. Devices brought to Twigby through the 'Bring Your Own Device' program are not covered by any warranty.

If your Twigby Device is defective, please contact us [email protected] or call us at 1-855-846-4389 to see if the Device is eligible for a warranty replacement.  If eligible, we'll replace the defective Device with a new or refurbished device of the same or comparable model at our discretion.  Our conditions for a warranty claim are as follows:

·        Your warranty only covers defects in materials or workmanship.  It does not cover defects arising from but not limited to any type of physical damage, normal wear-and-tear, software changes, reduced battery life, software that is not compatible with our service or your Device.

·        You must return the defective device using the prepaid shipping label that was provided to you.

·        We must receive the defective device at our warehouse within 21 days of when the replacement device is shipped.

·        If the original Device isn’t received within 21 days, we will assume that you wanted to keep both Devices and you will be charged for the replacement Device along with shipping and handling fees as applicable.

·        Along with all parts of the Device, you must return all accessories and documents (charger, cables, manual, earbuds, memory cards, etc.) with the defective Device.  If components are missing, you will be charged a restocking fee of up to $50 per device.

·        Your defective device must be returned in good condition.

·        If the device is determined to have some type of damage that voids the warranty, we may charge a nonrefundable damage fee at our discretion.  Depending on the extent of the damage, this fee may be up to the full retail price of the Device.  You will not receive the damaged item back as we will dispose of it on your behalf.

Our warranties expressly exclude certain categories of damages and uses of your phone. These exclusions, which we do not cover, include possible costs or damages for which you will not be reimbursed. These exclusions include but not limited to:

·        The limits of what we provide above relate to the device itself. We are not responsible for lost data or the time that you were without a device. We encourage you to back up your data regularly, as no one else will take responsibility for the restoration of any lost data. We are not responsible for any consequential damages, from the loss of your device, the loss of your data, or the time you were without your device.

·        We do not warrant any device for merchantability or fitness for a particular purpose. These warranties are specifically disclaimed.

For more information consult your manufacturer’s warranty included with your device.

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, TWIGBY IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; DAMAGE TO OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH APPLE PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

We do not manufacture our Devices. The only warranties applicable to our Devices are those extended by the manufacturers. We have no liability, therefore, in connection with Devices or for manufacturers' acts or omissions.

WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES PROVIDED HEREUNDER OR ANY SOFTWARE USED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, AND TO THE EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUALITY, NON-INFRINGEMENT, PERFORMANCE OR ACCURACY. We expressly disclaim any and all implied warranties. WE DO NOT PROMISE ERROR-FREE OR UNINTERRUPTED SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.

Indemnification

You agree to indemnify and hold harmless us and our affiliates and their respective officers, agents, partners and employees, from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including any costs, expenses or attorneys' fees on account thereof) resulting from your use of our products and services, or use of our products and services by another person who uses your mobile phone and/or our products or services, whether based in contract or tort (including strict liability) and regardless of the form of action.

Effect of Terms of Service

These Terms of Service supersede all oral or written communications and understandings between you and us with respect to our products and services and the terms under which they are offered and provided to you. If any part of the Terms of Service is declared invalid or unenforceable, all other parts of the Terms of Service are still valid and enforceable. No provision of the Terms of Service provides any person or entity not a party to the Terms of Service with any remedy, claim, liability, reimbursement, or cause of action, or creates any other third-party beneficiary rights.

Unless otherwise specified herein, any disputes of a legal nature, whether a claim, complaint, arbitration demand or otherwise, shall be subject to the exclusive jurisdiction of the federal or state courts located within the State of Illinois.

Notices

You may notify us by electronic means via our website. Notices will be considered effective after we receive them. If you are unable to resolve your concerns with us, you may file a complaint with the Federal Communications Commission, Washington, DC 20554. Any notice we send you will be sent to your last known residence or electronic address as shown on our records, or via text message to your Twigby phone.

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 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.

Assignment

You may not assign your rights or delegate any of your duties under the Terms of Service without our prior written consent, and any attempted assignment or delegation without such consent is void. We may assign all or part of the Terms of Service or your debts to us without notice.

Trademarks and Licenses

The Twigby name and logo are registered trademarks of SI Wireless, LLC.