Mobile App End User License Agreement

This Mobile Application End User License Agreement (“Agreement”) is a binding legal agreement between you (“you” or “End User”) and SmartLess Mobile, LLC (“SmartLess Mobile,” “we,” “us,” or “our”). This Agreement governs your use of the SmartLess Mobile mobile application, including all related software, features, content, and documentation (collectively, the “Application”).

By downloading, installing, or using the Application, you confirm that:

You have read and understand this Agreement.
You are at least the age of majority in your state of residence and legally authorized to enter into this Agreement.
You accept and agree to be bound by the terms of this Agreement, as well as our Terms and Conditions and Privacy Policy, which are incorporated by reference.

If you do not agree to this Agreement, do not download, install, or use the Application. Your use of the Application is also subject to any applicable service plan terms, promotional offers, or SmartLess Mobile policies related to your account.

We may update this Agreement from time to time. If we do, your continued use of the Application after any changes go into effect means you agree to the updated terms.

2. License Grant

Subject to your compliance with this Agreement and all applicable SmartLess Mobile terms and policies, SmartLess Mobile grants you a limited, personal, non-exclusive, non-transferable, and revocable license to:

Download and install a single copy of the Application on a mobile device that you own or control.
Use the Application solely for purposes of managing your SmartLess Mobile wireless service, including but not limited to account access, plan selection, data usage monitoring, payment processing, and other features we may make available from time to time.
Receive and install updates or enhancements that SmartLess Mobile provides. These may include modifications to existing functionality or the removal of certain features and are subject to the terms of this Agreement unless otherwise stated.

This license is granted for your personal, non-commercial use only. The Application and any associated features may not be resold, leased, distributed, or otherwise made available to third parties.

3. License Restrictions

Except as expressly permitted by this Agreement, you may not, and agree not to permit or authorize any other person to:

Copy, reproduce, distribute, or transmit the Application, in whole or in part.
Modify, adapt, translate, or create derivative works or improvements of the Application.
Reverse engineer, decompile, disassemble, or otherwise attempt to access or derive the source code of the Application.
Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices contained within or accessed via the Application.
Rent, lease, sell, sublicense, assign, or otherwise transfer the Application or make it available to any third party.
Use the Application in a way that interferes with, disrupts, damages, or gains unauthorized access to SmartLess Mobile’s systems, networks, or other users.
Use the Application in violation of any applicable laws, regulations, or third-party rights.
Use the Application for any unlawful, fraudulent, or unauthorized purpose.

Any unauthorized or prohibited use of the Application may result in immediate suspension or termination of your license and access to SmartLess Mobile services and may subject you to civil or criminal liability.

4. Ownership and Reservation of Rights

The Application is licensed to you, not sold. You acknowledge and agree that:

SmartLess Mobile and its licensors retain all rights, title, and interest in and to the Application, including all associated software, interfaces, content, trademarks, and intellectual property—whether registered or unregistered.
This Agreement grants you only the limited rights explicitly described in Section 2 (License Grant). No other rights or licenses are provided by implication or otherwise.
You do not acquire any ownership interest in the Application or in any related intellectual property by using or installing the Application.
The Application is protected by applicable intellectual property laws, including U.S. copyright law and international treaties.

SmartLess Mobile reserves all rights in and to the Application not expressly granted in this Agreement.

5. Collection and Use of Your Information

By installing and using the Application, you acknowledge and agree that SmartLess Mobile may collect, use, store, and share certain information about you, your device, and how you interact with the Application. This may include, but is not limited to:

Device information (such as model, operating system, and unique identifiers).
Application usage data (such as crash logs, feature use, and technical performance).
Location data, if you have granted location permissions.
Information you voluntarily submit through the Application, including account or contact details

SmartLess Mobile may use this information to:

Operate and improve the Application and its features.
Customize your experience and support account management.
Provide customer service and service-related communications.
Fulfill legal and regulatory requirements.

Information collected through or in connection with the Application is governed by the SmartLess Mobile Privacy Policy, which is incorporated into this Agreement by reference. By using the Application, you consent to SmartLess Mobile’s collection and use of your information as described herein and in the Privacy Policy.

You are responsible for reviewing and understanding our Privacy Policy before using the Application.

6. Content and Services

The Application may provide you with access to SmartLess Mobile’s website, account features, wireless service management tools, promotional content, and other digital resources, including functionality offered through third-party providers (collectively, the “Content and Services”).

Your use of the Content and Services is subject to:

The SmartLess Mobile Terms and Conditions;
The Privacy Policy;
Any applicable plan terms, service-specific disclosures, or promotional program conditions provided in connection with a feature or offer.

Certain features within the Application may require you to log in to your SmartLess Mobile account, complete identity verification, or accept additional terms. Failure to meet these requirements may limit access to those features.

SmartLess Mobile reserves the right to modify, suspend, or discontinue any Content and Services, in whole or in part, at any time without notice.

Use of the Application in a manner that violates the SmartLess Mobile Terms and Conditions or Acceptable Use Policy is considered a violation of this Agreement and may result in suspension or termination of your access.

Access to Content and Services through the Application is provided for your convenience and is subject to change at SmartLess Mobile’s sole discretion.

7. Updates and Modifications

SmartLess Mobile may periodically release updates to the Application, which may include upgrades, patches, enhancements, bug fixes, or other modifications (“Updates”). These Updates may:

Add, modify, or remove features or functionality.
Improve performance, compatibility, or security.
Address compliance obligations or technical issues.

Updates may be delivered automatically, depending on your device settings, or may require manual installation. You agree to install all Updates promptly. If you choose not to install an Update, the Application or certain features may not function properly or may be disabled.

All Updates are part of the Application and are governed by this Agreement unless accompanied by a separate license. SmartLess Mobile is not obligated to provide any Updates or to maintain any specific features or support.

Your continued use of the Application after an Update becomes available constitutes your acceptance of the updated version.

8. Geographic Restrictions

The Application and related Content and Services are intended for use only by individuals whose primary residence is located in the United States, including U.S. territories and the District of Columbia.

SmartLess Mobile does not represent or warrant that the Application is appropriate or available for use in other locations. Access to the Application from outside the United States may be restricted, unavailable, or subject to legal limitations.

If you choose to access or use the Application from outside the United States, you do so at your own risk and are solely responsible for compliance with any applicable local laws, including those related to telecommunications, data protection, and export control.

Certain features or services within the Application may not be available or may function differently based on your location, as determined through your device settings or IP address.

9. Third-Party Materials

The Application may include, link to, or provide access to third-party content, websites, applications, services, advertisements, or other materials (“Third-Party Materials”) that are not owned or controlled by SmartLess Mobile.

SmartLess Mobile does not endorse, control, or assume any responsibility for Third-Party Materials. We make no representations or warranties regarding their accuracy, legality, reliability, or availability, and we are not liable for any harm or loss resulting from your access to or use of such materials.

Use of Third-Party Materials may be subject to separate terms of service and privacy policies established by the third-party providers. You are solely responsible for reviewing and complying with those terms.

Third-Party Materials are provided for your convenience only. Inclusion of such materials in the Application does not imply any affiliation, endorsement, or sponsorship by SmartLess Mobile.

10. Termination

This Agreement remains in effect until terminated by you or SmartLess Mobile.

You may terminate this Agreement at any time by uninstalling the Application and removing all copies from your mobile device.

SmartLess Mobile may suspend or terminate this Agreement, your license to use the Application, or your access to certain features at any time, with or without notice, if:

You violate this Agreement or any applicable SmartLess Mobile policies.
SmartLess Mobile discontinues, modifies, or limits the Application or its availability.
Continued use of the Application creates a security, legal, or operational concern.

Upon termination:

Your license under this Agreement immediately ends.
You must stop using the Application and delete all copies from your device.
SmartLess Mobile may restrict or remove your access to data or preferences stored within the Application.

Termination of this Agreement does not limit SmartLess Mobile’s rights or remedies under law or equity and does not affect your separate obligations under your wireless service agreement.

11. Disclaimer of Warranties

The Application is provided to you on an “as is” and “as available” basis, without warranties of any kind—express, implied, statutory, or otherwise. Your use of the Application is at your sole risk.

To the maximum extent permitted by applicable law, SmartLess Mobile disclaims all warranties, including but not limited to:

Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Any warranties that may arise from course of dealing, course of performance, or usage of trade.
Any warranties that the Application will be secure, uninterrupted, timely, error-free, or free of harmful components.

SmartLess Mobile makes no representations or warranties regarding the accuracy, reliability, or completeness of the Application or any content or services provided through it. No oral or written advice or information obtained from SmartLess Mobile, or its representatives will create any warranty not expressly stated in this Agreement.

Some jurisdictions do not allow the exclusion of certain implied warranties, so the above exclusions may not apply to you in full.

12. Limitation of Liability

To the fullest extent permitted under applicable law, SmartLess Mobile and its affiliates, licensors, service providers, and their respective officers, directors, employees, and agents shall not be liable to you or any third party for any indirect, incidental, special, consequential, punitive, or exemplary damages.

This includes, but is not limited to (1) Loss of profits or revenue, (2) Loss of data, business, or goodwill, (3) Service interruptions or system failures, (4) Replacement costs for goods or services, (5) Any other similar or related damages, arising out of or in connection with your use of, or inability to use, the Application or any associated content or services, whether the claim is based in contract, tort, statute, or otherwise—even if SmartLess Mobile was advised of the possibility of such damages.

In no event shall SmartLess Mobile’s total cumulative liability for any claims related to the Application exceed one hundred U.S. dollars ($100.00), regardless of the theory of liability.

These limitations apply even if any remedy fails of its essential purpose.

Some jurisdictions do not permit certain limitations on liability. If those laws apply to you, some of the above limitations may not apply.

13. Indemnification

You agree to indemnify, defend, and hold harmless SmartLess Mobile, along with its affiliates, licensors, service providers, and each of their respective officers, directors, employees, contractors, and agents, from and against all claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

Your use or misuse of the Application.
Your violation of this Agreement, any applicable law, or any rights of a third party.
Any content, data, or materials you submit or transmit through the Application, including claims involving intellectual property, privacy, or other proprietary rights.

SmartLess Mobile reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. If we do so, you agree to cooperate as reasonably requested.

This obligation will survive the termination of this Agreement and your use of the Application.

14. Export Regulation

The Application may be subject to U.S. export control laws and regulations. You agree not to export, re-export, distribute, or make the Application available in any manner that violates applicable export laws.

You are responsible for complying with all U.S. export laws and regulations, including obtaining any required governmental authorizations prior to exporting, re-exporting, or providing access to the Application outside of the United States.

15. Governing Law and Dispute Resolution

This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state reflected in your billing address on file with SmartLess Mobile, without regard to conflict of laws principles.

If your billing address is in Puerto Rico, Puerto Rico law will apply.

Disputes arising under or relating to this Agreement will be resolved in accordance with the binding arbitration and class action waiver provisions described in the SmartLess Mobile Terms and Conditions, which are incorporated into this Agreement by reference.

Any legal action permitted outside of arbitration must be brought in a court located in the United States and, if applicable, in the jurisdiction identified in the jurisdiction of your billing address

If any provision of this Agreement is found to be invalid or unenforceable in a particular jurisdiction, the remainder of the Agreement will remain in full force and effect.

16. Limitation on Time to File Claims

To the extent permitted by law, any claim or cause of action you may have arising out of or relating to this Agreement or your use of the Application must be filed within one (1) year after the claim or cause of action accrues. If not filed within that time, it is permanently barred.

This limitation applies regardless of any statute or law to the contrary, unless a longer period is required by applicable law that cannot be waived.

17. Entire Agreement

This Agreement, along with the SmartLess Mobile Terms and Conditions, Privacy Policy, and any additional product- or service-specific terms that may apply, constitutes the entire and exclusive agreement between you and SmartLess Mobile with respect to your use of the Application. It supersedes any prior or contemporaneous agreements, communications, or understandings—whether oral or written—specifically related to the Application.

These documents are intended to be read together and interpreted as complementary. In the event of any inconsistency between this Agreement and any other applicable SmartLess Mobile policy, the Company will determine which terms govern based on the nature of the product, service, or subject matter involved.

No waiver of any provision of this Agreement will be effective unless in writing and signed by an authorized representative of SmartLess Mobile. Any failure or delay in enforcing a provision shall not be construed as a waiver of that provision or any other rights under this Agreement.

18. Contact Information

If you have any questions, concerns, comments, or complaints regarding your Services, your bill, or this Agreement, please contact our Customer Service using the following information:

Chat: On www.smartlessmobile.com

Phone: 1-888-SMRTLSS (767-8577) or 611 from your Device during normal business hours:

Hours of Operation: 5 AM - 7 PM PST, seven days a week.

If we are unable to resolve your issue, you may file an informal consumer complaint with the FCC at 888-CALL-FCC (888-225-5322), or at https://consumercomplaints.fcc.gov/hc/en-us.