Site Terms of Use

By accessing or using the SmartLess Mobile website located at www.smartlessmobile.com, including any associated domains, mobile applications, portals, or interactive features (collectively, the “Site”), you acknowledge and agree to be legally bound by these Terms of Use (“Terms”), as well as our Privacy Policy and any additional terms, guidelines, or policies referenced or incorporated herein by hyperlink (collectively, the “SmartLess Policies”).

If you purchase or use any SmartLess Mobile product or service, you are also bound by our Terms and Conditions of Service, which govern your wireless plan and related offerings. In the event of any conflict between these Terms of Use and the Terms and Conditions of Service, the latter will control.

These Terms apply to all visitors, users, and others who access or use the Site, including customers, prospective customers, and any third parties acting on behalf of a user. By using the Site, you represent that you are (i) at least the age of majority in your place of residence; or (ii) accessing the Site under the supervision of a parent or legal guardian.

SmartLess Mobile reserves the right to update, revise, or otherwise modify these Terms at any time, in its sole discretion, by posting an updated version on this page. Changes become effective immediately upon posting and continued use of the Site after such changes constitutes your acceptance of the modified Terms. It is your responsibility to regularly review these Terms.
If you do not agree to these Terms, the Privacy Policy, or any applicable SmartLess Policy, you must not access or use the Site.

2. Modifications to These Terms

SmartLess Mobile reserves the right to update, modify, or replace these Terms of Use at any time, in its sole discretion. Any changes will be effective immediately upon posting to this page unless otherwise stated. The “Last Updated” date at the top of this page will reflect the date of the most recent revision.

Your continued access to or use of the Site following any such update constitutes your binding acceptance of the revised Terms. If you do not agree to any modification, your sole remedy is to discontinue use of the Site. We encourage you to regularly review this page to remain informed about the current Terms of Use that apply to your access and use of the Site.

3. Account Registration and Security

Certain areas of the Site or features of SmartLess Mobile services may require you to create an account or provide personal information. If you choose to register or provide information, you agree to:

Provide accurate, current, and complete information.
Maintain the confidentiality and security of your account credentials, including your username and password.
Restrict access to your account and accept full responsibility for all activities that occur under your account.
Promptly update any information that becomes inaccurate or incomplete.
Notify SmartLess Mobile immediately if you suspect unauthorized access or any other breach of account security.

You may not create or use an account for anyone other than yourself without express authorization. You may not impersonate another person, misrepresent your identity, or use a username that is offensive or misleading.

SmartLess Mobile reserves the right to suspend or terminate your access to the Site or your account if we believe that any information provided is inaccurate, incomplete, or used in violation of these Terms. Additionally, we may, in our discretion and without notice: require you to change your password and require additional identity verification before permitting account activity.

You are solely responsible for all actions taken under your account credentials, regardless of whether such actions were authorized by you.

4. Authorized and Prohibited Uses

Authorized Use

SmartLess Mobile grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and its content solely for your personal, non-commercial use, and strictly in accordance with these Terms and applicable law. This license does not include any resale or commercial use of the Site or its contents, or any derivative use of the Site or its contents.

Prohibited Uses

You agree not to use the Site, or any content, service, or functionality made available via the Site:

In any way that violates applicable local, state, national, or international laws or regulations.
To infringe the rights of others, including but not limited to intellectual property rights, privacy rights, and publicity rights
To upload, transmit, or distribute viruses, malware, spyware, or any other malicious or disruptive code or software.
To scrape, crawl, spider, or otherwise access or collect content or data from the Site using automated means without SmartLess Mobile’s express written permission.
To interfere with or disrupt the Site or the servers and networks connected to it, including by initiating denial-of-service attacks or attempting to probe, scan, or test for vulnerabilities.
To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
To solicit or collect personal information from other users of the Site.
To submit, post, or distribute any unlawful, defamatory, obscene, abusive, or otherwise objectionable content.
To circumvent, disable, or interfere with security-related features of the Site or features that restrict or enforce limitations on use.
For any purpose not expressly permitted under these Terms.

SmartLess Mobile reserves the right, but is not obligated, to monitor, investigate, and enforce violations of this section. Unauthorized use of the Site or its content may result in suspension or termination of your access and may subject you to civil or criminal liability.

5. Intellectual Property

All content and materials on the Site—including but not limited to text, images, graphics, logos, icons, audio or video clips, software, design elements, and the overall look and feel of the Site (collectively, the “Content”)—are owned or licensed by SmartLess Mobile or its licensors, and are protected by United States and international copyright, trademark, trade dress, and other intellectual property laws.

Ownership and Use Rights
SmartLess Mobile and its affiliated entities retain all right, title, and interest in and to the Site and its Content. No part of the Site may be copied, reproduced, distributed, republished, displayed, posted, transmitted, or modified in any form or by any means, in whole or in part, without SmartLess Mobile’s prior written consent, except as expressly permitted by these Terms.

Subject to compliance with these Terms, SmartLess Mobile grants you a limited, non-exclusive, revocable, non-transferable license to access and use the Site and its Content for your personal, non-commercial use only.

Restrictions
You may not:

Modify or create derivative works of the Content.
Use framing techniques to enclose any trademark, logo, or proprietary information.
Use any meta tags or hidden text utilizing SmartLess Mobile’s name or trademarks.
Remove, obscure, or alter any proprietary rights notices on the Site.
Use the Content in any way that suggests association with SmartLess Mobile unless explicitly permitted.

All SmartLess Mobile trademarks, service marks, logos, and trade names (“Marks”) are proprietary to SmartLess Mobile or its licensors. You may not use any SmartLess Mobile Marks without our prior written consent. All other marks that may appear on the Site are the property of their respective owners.

Any use of the Site or its Content not expressly authorized under these Terms is strictly prohibited and may violate applicable intellectual property and other laws. SmartLess Mobile reserves all rights not expressly granted herein.

6. User Content and Submissions

SmartLess Mobile may, now or in the future, permit users to post, upload, submit, or transmit content through the Site, including but not limited to reviews, comments, inquiries, suggestions, messages, files, or other materials (“User Submissions”).

By submitting any content through the Site, you represent and warrant that:

You own or control all rights in and to your submission.
Your submission does not infringe, misappropriate, or violate the rights of any third party, including intellectual property, privacy, or publicity rights
Your submission is not unlawful, defamatory, obscene, harassing, threatening, invasive of privacy, or otherwise objectionable
Your submission does not contain commercial solicitation, advertising or promotional materials, does not include personal or sensitive data of others without proper authorization, does not contain viruses, malware, or other disruptive code
Your submission does not violate any applicable laws or these Terms.
You grant SmartLess Mobile a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, and transferable license to use, reproduce, modify, publish, adapt, translate, create derivative works from, distribute, display, and perform such content in any media, now known or later developed, for any purpose.

You further grant each user of the Site a non-exclusive license to access your submissions and to use, reproduce, distribute, and display such content as permitted through the Site and under these Terms.

Waiver of Moral Rights
By submitting any User Submission, you:

Waive any and all “moral rights” or similar rights you may have in such content.
Acknowledge that SmartLess Mobile may use, edit, or remove your submission without attribution, compensation, or prior approval.
Agree that SmartLess Mobile may exercise its rights to your submission without any obligation to identify you as the author.

You further acknowledge and agree that you will not assert any claim against SmartLess Mobile based on any alleged misuse, alteration, or modification of your submission

We reserve the right, but not the obligation, to review, monitor, edit, or remove User Submissions at our sole discretion for any reason or no reason, without prior notice.

You are solely responsible for your User Submissions and any consequences of posting, uploading, or transmitting them via the Site.

7. Third-Party Content and Links

The Site may contain links to third-party websites, services, applications, or resources that are not owned or controlled by SmartLess Mobile (“Third-Party Sites”). Additionally, certain features or content on the Site may be provided by third parties, including advertisers, partners, or independent contributors.

SmartLess Mobile provides access to these Third-Party Sites and content solely as a convenience and does not endorse, approve, or make any representations regarding them, including their accuracy, availability, legality, or suitability. Your interactions with these Third-Party Sites are solely between you and the third party.

When you access a Third-Party Site, you do so at your own risk. These sites are governed by their own terms of use and privacy policies, which we encourage you to review. SmartLess Mobile is not responsible or liable for:

The content or practices of any Third-Party Sites.
Any products, services, or promotions offered through Third-Party Sites.
Any loss or damage arising from your dealings with third parties or use of their websites.

Inclusion of third-party content or links on the Site does not imply any affiliation, sponsorship, endorsement, or recommendation by SmartLess Mobile.

8. Disclaimers and Warranty Limitations

The Site and all content, features, services, and materials available through it are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied.

To the fullest extent permitted under applicable law, SmartLess Mobile and its affiliates, licensors, service providers, and suppliers expressly disclaim all representations and warranties, whether express, implied, statutory, or otherwise, including but not limited to:

Implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, title, or quiet enjoyment.
Warranties that access to the Site will be uninterrupted, timely, secure, or error-free.
Warranties as to the results that may be obtained from use of the Site or any content or service made available through the Site.

SmartLess Mobile does not warrant that the Site, its servers, or any emails sent from us are free of viruses or other harmful components. You are solely responsible for implementing procedures to satisfy your own requirements for data backup, virus protection, and accuracy of data input and output.

Some jurisdictions do not allow the exclusion of certain warranties. In such cases, the exclusions above may not apply to you but will apply to the maximum extent permitted by law.

9. Limitation of Liability

To the fullest extent permitted by law, SmartLess Mobile and its affiliates, subsidiaries, officers, directors, employees, agents, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to:

Loss of profits, revenue, data, goodwill, or business opportunities.
Personal injury or property damage.
Unauthorized access to or alteration of your transmissions or data.
Errors, mistakes, or inaccuracies of content.
Any bugs, viruses, or other harmful elements transmitted via the Site.
Any other losses or damages of any kind arising from or related to your use of or inability to use the Site, even if SmartLess Mobile has been advised of the possibility of such damages.

Without limiting the foregoing, SmartLess Mobile’s total liability for any claims arising out of or relating to your use of the Site shall not exceed one hundred U.S. dollars (USD $100.00) in the aggregate.

Some jurisdictions do not allow limitations of liability for certain types of damages. If such laws apply to you, the above limitations may not apply but will apply to the maximum extent permitted by law.

Your sole and exclusive remedy for dissatisfaction with the Site or any related service is to stop using the Site.

10. Indemnification

You agree to indemnify, defend, and hold harmless SmartLess Mobile, its affiliates, licensors, service providers, and each of their respective officers, directors, employees, contractors, agents, and representatives (collectively, the “SmartLess Parties”) from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to:

Your use or misuse of the Site or its content.
Your violation of these Terms of Use or any applicable law or regulation.
Any User Submission or content you submit, post, transmit, or otherwise make available through the Site.
Your violation of any third-party right, including without limitation any intellectual property, privacy, or publicity right.

SmartLess Mobile reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with SmartLess Mobile in asserting any available defenses.

11. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to any conflict of laws rules or principles. This choice of law applies no matter where you reside, or where you access or use the Site.

Any disputes or claims arising from or relating to your use of this Site, including the validity, enforceability, or scope of this provision, shall be resolved through binding arbitration or small claims court as provided in Section 7 of the SmartLess Mobile Terms and Conditions. You and SmartLess Mobile agree to first provide each other with written notice of any dispute and attempt in good faith to resolve it informally within 45 days before initiating arbitration proceedings.

Arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (for claims under $75,000) or Commercial Arbitration Rules (for larger claims). You may choose to have the arbitration conducted in your hometown, by phone or video conference, or at another mutually agreeable location. For more detailed procedures, please see Section 7 of the SmartLess Mobile Terms and Conditions.

You and SmartLess Mobile each waive the right to participate in a class action or mass arbitration. Any arbitration or court proceeding shall occur solely on an individual basis. You also waive the right to a jury trial for any claim that proceeds in court.

For claims that are not subject to arbitration, you and SmartLess Mobile agree that any such disputes will be brought exclusively in the state or federal courts located in Delaware, and both parties consent to the jurisdiction of such courts.

12. Termination

SmartLess Mobile reserves the right to suspend, restrict, or terminate your access to the Site, in whole or in part, at any time and for any reason, including but not limited to violation of these Terms of Use, without prior notice or liability. Upon termination, the rights and licenses granted to you under these Terms will immediately cease, and you must discontinue all use of the Site.

SmartLess Mobile also reserves the right to take legal action as necessary to enforce these Terms and protect its rights, systems, and users.

Provisions that by their nature should survive termination (such as those relating to ownership, limitations of liability, indemnification, and dispute resolution) shall continue in full force and effect.

13. Entire Agreement

These Terms of Use, along with the SmartLess Mobile Privacy Policy and Terms and Conditions of Service (if applicable), constitute the entire agreement between you and SmartLess Mobile regarding use of the Site and supersede any prior agreements or understandings.

14. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and will not affect the validity and enforceability of any remaining provisions.

15. Waiver

No waiver by SmartLess Mobile of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or any other term. Any failure by SmartLess Mobile to enforce a right or provision under these Terms shall not constitute a waiver of such right or provision.

16. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to do so will be void. SmartLess Mobile may assign these Terms freely to any affiliate or in connection with a merger, acquisition, or sale of assets.

17. Digital Millennium Copyright Act (DMCA) Compliance

SmartLess Mobile respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act ("DMCA"). If you believe that any content on the Site infringes upon your copyright, you may file a notification with our designated Copyright Agent as set forth below:

Your DMCA notification must include the following information (see 17 U.S.C. § 512(c)(3)):

A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
Identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works.
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit SmartLess Mobile to locate the material.
Contact information of the complaining party, including address, telephone number, and email address; • A statement that the complaining party has a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Send DMCA notices to:

Email: info@smartlessmobile.com

Counter-Notice: If you believe that your material was removed or disabled by mistake or misidentification, you may submit a counter-notice including:

Your physical or electronic signature.
Identification of the material that was removed and the location where it previously appeared.
A statement under penalty of perjury that you have a good faith belief the material was removed due to a mistake or misidentification
Your name, address, and telephone number, and a statement consenting to the jurisdiction of the federal court in your district (or in Delaware if outside the U.S.) and that you will accept service of process from the original complainant.

If we receive a valid counter-notice, we may restore the removed content unless the original complainant seeks a court order.

18. Promotions and Pricing

From time to time, SmartLess Mobile may offer promotional codes, referral incentives, limited-time discounts, or other special offers (“Promotions”).

These Promotions are subject to additional terms and conditions that will be disclosed at the time of the offer and are incorporated by reference into these Terms.

No Cash Value: Promotions have no cash value and are non-transferable.
Limited Availability: Promotions may be limited in duration, quantity, or geographic availability, and are offered at SmartLess Mobile’s sole discretion.
Modification or Termination: We reserve the right to modify, suspend, or terminate any Promotion at any time, with or without notice, even if a Promotion has been previously made available or redeemed.
Redemption Restrictions: Only one Promotion may be used per transaction unless otherwise stated. Promotions may not be combined with other offers unless expressly permitted.
Ineligibility for Misuse: We reserve the right to deny or revoke a Promotion if we determine, in our sole discretion, that it was obtained or used fraudulently, improperly, or in violation of applicable terms.

Pricing and Availability

Product and service pricing listed on the Site is subject to change without notice. SmartLess Mobile does not guarantee that pricing, descriptions, or other content on the Site is error-free, current, or complete. In the event of a pricing or content error, we reserve the right to cancel any orders or transactions and to correct the error.

19. Contact Information

If you have any questions about these Terms of Use, or if you need to reach SmartLess Mobile for any reason related to this Site, you may contact us at:

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.