THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION AND JURY TRIAL WAIVER CLAUSES IN SECTION 7 BELOW THAT IS APPLICABLE TO YOU AND US.

SmartLess Mobile LLC

Terms and Conditions and Agreement to Arbitrate Disputes and Judge or Jury Trial Waiver

Effective: October 5, 2026

This Agreement governs the provision of the Services by SmartLess Mobile LLC (“SmartLess Mobile,” the “Company,” “we,” “us,” or “our”) to you (“your,” “applicant,” “customer,” “subscriber,” “participant,” or “user”) and your use of the Services and Devices. As used in this Agreement, the term: (A) “Services” means voice telephony (“Talk”), text messaging (“Text”), broadband Internet access services (“Data”), SIM card, embedded SIM (“eSIM”) (SIM card and eSIM, to the extent either technology may be available to you depending on your Device, your Service, and/or any other factor(s) in our sole discretion, are referred to interchangeably as “SIM,” “SIM Card,” and/or “SIM Kit”), and any other services provided to you by SmartLess Mobile, and prepaid wireless service; (B) “Device” means any phone, smartphone, tablet, accessory, or other device provided or sold to you by SmartLess Mobile or that you activate or use with our Services (note that certain functions are only available when using a voice enabled Device; tablets provided or sold to you by SmartLess Mobile are not voice enabled); and (C) “Underlying Carrier” means the wireless provider whose facilities we use to provide you wireless Services. The complete Agreement between you and SmartLess Mobile consists of:

these Terms and Conditions, including the Acceptable Use Policy and the binding arbitration clause;
any terms of service associated with your selected Service plan;
our Privacy Policy, available at www.smartlessmobile.com/privacy-policy
our Broadband Transparency Policy, available at www.smartlessmobile.com/broadband-transparency-policy
our Accessibility Policy, available at www.smartlessmobile.com/accessibility, and;
any other policies or documents incorporated herein or therein by reference.

To the extent that any provision or clause in these Terms and Conditions conflicts with any provision or clause of our more specific policies or a specific Service plan offer, the terms of those specific documents will govern.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY as they contain important information about your rights and obligations related to the Services and Devices we provide to you. These Terms and Conditions: (1) require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions; (2) limit our liability and the remedies available to you in the event of a dispute; (3) permit us to terminate, suspend, modify, or limit your Services at any time, without prior notice, and for any reason, including your violation of these Terms and Conditions; and (4) reserve our right to modify these Terms and Conditions at any time, in our sole discretion, and with limited notice requirements, with most modifications becoming binding on you once posted on our website, which you should check regularly for updates. Certain changes to your Service fee or material changes to your Services may provide you with a five (5) day cancellation right as described in Section 8.2.

THIS AGREEMENT BECOMES EFFECTIVE AND LEGALLY BINDING ON YOU WHEN YOU: (a) initiate, enroll in, or subscribe to the Services; (b) use or attempt to use the Services; (c) pay for the Services; (d) upgrade or modify the Services, (e) start any application, program, or software that states you are accepting this Agreement, or (f) accept the Services or Agreement through any written, oral, or electronic statement or signature. This Agreement continues until we or you terminate your Services. You must be at least the age of majority in your state of residence or older to enter into this Agreement. When you accept these Terms and Conditions, you represent that you are at least the age of majority in your state of residence and that you meet the eligibility standards for our Services. If you disagree with any of the terms or conditions stated herein or you are not at least the age of majority in your state of residence, do not initiate Services with us, or contact our Customer Service immediately to terminate your Services by dialing 611 from your Device or calling toll-free at 1-888-SMRTLSS (767-8577) or by accessing your account on www.smartlessmobile.com. We may deny requests to subscribe to our Services for any lawful reason.

Contents

1. Service plans and "add-ons"

1.1 Service plans

1.2 Recurring add-ons

1.3 "One-time passes"

1.4 International roaming passes

1.5 International calling and messaging

1.6 Talk, text, and data allotments

1.7 Use of voice allotments

1.8 Use of data allotments

1.9 Refunds; cancellation, termination, suspension or adjustment or service plans and add-ons

1.10 Activation

1.11 Compatible Devices

2. Charges and payments

2.1 Charges, fees, and taxes

2.2 Billing and payments

2.3 Creditworthiness

2.4 Promotions and rewards

2.5 Third-party purchases

3. Service features, limitations, and notices

3.1 Account access

3.2 Account protection measures

3.3 Wireless coverage

3.4 Service availability and quality

3.5 Service security and optimization

3.6 Wireless device location information

3.7 911 and other emergency services

3.8 WiFi features

3.9 Third-party content and applications

3.10 Phone numbers and porting

4. Acceptable use policy

5. Termination, suspension, modification, and limitations of your services

6. Warranties, liabilities, and indemnification

6.1 Warranty disclaimer

6.2 Limitation of liabilities

6.3 Indemnification

7. Dispute resolution and arbitration

7.1 Arbitration agreement

7.2 Class action and mass arbitration waiver

7.3 Jury trial waiver

7.4 Small claims

7.5 Governing law, venue and jurisdiction, and court proceedings

7.6 Right to object to your bill

7.7 Registered agent information

8. Miscellaneous

8.1 Consent to receive communications

8.2 Modifications to this agreement

8.3 Notices

8.4 No third-party beneficiaries

8.5 Assignment

8.6 Force majeure

8.7 Enforcement and waiver

8.8 Survivability

8.9 Severability

8.10 Headings

8.11 Language

8.12 Integration

9. Customer service contact information

10. Appendix A - ILD consumer agreement

1. Service plans and "add-ons"

1.1 Service plans

Except as otherwise described in this Agreement, you must be enrolled in a Service plan to utilize our Services. Wireless Service plan descriptions, including rates and associated Talk, Text, and Data allotments (collectively, “Allotments”), are available on our website at www.smartlessmobile.com. Service plan availability, rates, and Allotments may vary by state and are subject to change at any time. You may not be eligible for certain Service plans or rates. Service plans that include allocations of voice minutes include caller ID, voicemail, call waiting, and 3-way calling. Service plans are generally non-refundable, with limited exceptions in SmartLess Mobile’s sole discretion, cannot be transferred to any third party (including another SmartLess Mobile account or customer), and may not be exchanged or resold. Notwithstanding the foregoing, we may, from time to time, provide refunds in our sole discretion. New subscribers select a Service plan upon enrollment and existing subscribers can change their Service plan by accessing their account on www.smartlessmobile.com. Service plan changes are usually effective at the start of the next monthly service renewal date. The maximum amount of lines per account will be determined by SmartLess Mobile and is subject to change at any time. Different Service plans can be on the same account. Customers may suspend their account, subject to approval in SmartLess Mobile’s sole discretion.

1.2 Recurring add-ons

Monthly subscribers can purchase ‘Recurring Add-Ons” of On-Net Data, Voice and Text. Add-ons become effective at the beginning of the next billing cycle and will not be prorated. Add-ons are valid for On-Net use only, and do not apply to Domestic Roaming. “On-Net” refers to Data, Voice, and Text usage occurring on our Underlying Carrier’s network. “Domestic Roaming” occurs when your phone connects to another carrier’s network within the United States because our Underlying Carrier's network is unavailable in that particular area.

1.3 "One-time passes"

Our wireless subscribers can purchase “One-Time Passes” to receive allotments of Talk, Text, and Data by accessing their account on www.smartlessmobile.com or through our mobile application. “One-Time Passes”, including rates and associated Talk, Text, Data allotments are available on our website at www.smartlessmobile.com or on our mobile application. “One-Time Data Passes” are valid for On-Net use only and do not apply to Domestic Roaming. “One-Time Pass” availability, rates, and Allotments may vary by state and are subject to change at any time. “One-Time Passes” are non-refundable, cannot be transferred to any third party (including another SmartLess Mobile account or customer), and may not be exchanged or resold. Notwithstanding the foregoing, we may, from time to time, provide refunds in our sole discretion.

1.4 International roaming passes

When traveling outside of the U.S., our wireless subscribers are provided with a specific allotment of inbound and outbound SMS depending on the Service plan that they have purchased. More information can be found in plan details.

Our wireless subscribers can purchase “International Roaming Passes” to receive allotments of Talk, Text and Data while traveling outside of the U.S. Our wireless subscribers can purchase these passes by accessing their account on www.smartlessmobile.com or through our mobile application. International Roaming Passes” may not be used for extended international use; the account holder must reside in the U.S. and primary usage for all lines must occur in the U.S. A subscriber’s Device must first be activated in the U.S. before international use. International roaming passes will have the following thresholds, all of which are dependent on the international roaming pass(es) purchased; (i) the number of days that the pass offers; (ii) the Data allotment that is provided for the plan and (iii) the Talk and Text allotment that is provided for the plan. When you have reached the maximum number of days associated with the selected plan, international roaming services will no longer function unless an additional plan is purchased. When the full amount of Data that is offered on the plan that was selected is used, international roaming data services will no longer function unless an additional plan is purchased. We will notify you when you are coming close to, and upon, the expiration of your selected plan’s available days, your Data allotment and your Talk and Text allotment. You can purchase additional international roaming passes through the methods mentioned above.

1.5 International calling and messaging

We provide the ability for lines on certain Service plans to call and text select international destinations, also known as International Long Distance (“ILD”) calling and messaging. We reserve the right to change at any time which plans support ILD. We also reserve the right to charge additional fees to enable ILD on any plan.

The list of supported international destinations may change at any time without notice. Calling and messaging to certain destinations may be blocked or capped to a limited number of minutes. Support for ILD may be terminated partially or altogether at any time without notice. International calling and messaging is offered via a third-party vendor, NetworkIP. By agreeing to our Terms and Conditions, you are also agreeing to NetworkIP’s additional terms outlined in Appendix A.

Fair usage applies to all services provided by SmartLess Mobile, including ILD calling and messaging. We reserve the right to limit ILD usage on lines that exceed fair usage thresholds. Fair usage will be determined based on comparison with typical usage across all ILD users.

Our ILD service is intended for personal use only. We consider reasonable use of this service to include regular, personal calls and messages to individuals overseas. Excessive use, indicative of commercial or non-personal utilization, may result in restrictions on your ILD service.

The following practices are considered misuse of our ILD services and are strictly prohibited:

Reselling or commercially using our ILD in any form.
Sharing your ILD service with others to facilitate their international calls and messages, regardless of whether you charge for this service.
Making calls to automated voice systems, recorded messages, or '800 equivalent' numbers internationally.
Utilizing ILD for business purposes, such as contacting clients, sales calls, or managing employees across borders.
Engaging in schemes designed to exhaust minutes for compensation or other benefits.

Violation of these terms may lead to service restrictions or termination.

We may, from time to time, provide refunds for our ILD calling and messaging service in our sole discretion.

1.6 Talk, text and data allotments

Talk, Text, and Data allotments have no cash value, are non-refundable, cannot be transferred to any third party (including another SmartLess Mobile account or customer), and may not be exchanged, resold, redeemed, or substituted for cash, merchandise, or services. If you terminate your service, you will forfeit and are not entitled to a full or partial refund for any unused Allotments. Notwithstanding the foregoing, we may, from time to time, provide refunds in our sole discretion. Some Service plans have a limit on Talk and Text for domestic use and have no Data included with the plan, while other Service plans have no limit on Talk and Text for domestic use but will have limits on Data. If you use your full Talk, Text, or Data allotment before the start of a new monthly cycle, the Service associated with that allotment will be suspended or your internet speed reduced for the remainder of the monthly cycle, except that you will be able to continue contacting emergency services by dialing 911 and our Customer Service by dialing 1-888-SMRTLSS (767-8577) or 611. Suspensions may occur while you are engaged in calls, text communications, or data usage, in which case, we are not responsible for any costs, losses, or damages caused by such interruptions, including to reestablish communications. You may check your Allotment balances at any time free of charge by accessing your account on www.smartlessmobile.com, dialing 611 from your Device, or calling 1-888-SMRTLSS (767-8577). You are responsible for all usage of Allotments regardless of who uses or possesses your Device and regardless of whether the Device is used with your consent or knowledge. Unused Service plan Allotments, including One-Time Allotments, expire on the last day of your monthly cycle and will not carry over to the next monthly cycle unless specifically provided for by the Service plan. If you terminate your service, you will forfeit and are not entitled to a full or partial refund for any unused Allotments. Notwithstanding the foregoing, we may, from time to time, provide refunds in our sole discretion.

1.7 Use of voice allotments

Service plans include a voice plan as part of your Service. We round up any fraction of a minute to the next full minute. Airtime usage is measured from the time our Underlying Carrier begins to process a call (before the phone rings or the call is answered) through its termination of the call (after you hang up) and the network disconnects. Primary use of voice and SMS (text) services must occur within the U.S. Notwithstanding the foregoing, certain Service plans may have unlimited voice allotments. Generally, no credit or refund is given for dropped calls. However, we may, from time to time, provide credits or refunds in our sole discretion.

1.8 Use of data allotments

Most Service plans include a Data plan (“Data Plan”) as part of your Service. Data Services are intended only for personal use. Unless international data roaming is purchased as an add-on, Data Services are exclusively for use within the U.S. On-Net Data usage is counted by bytes with no rounding. When roaming, depending on our roaming partner, your Data usage may be rounded up to the next full 10 kilobyte increment at the end of each data session. We measure upload and download Data usage, including requests to upload or download Data and network overhead. Your Data usage includes, among other things, text, web browsing, instant or picture messages, and email whether read or unread, sent or received, solicited or unsolicited. Our Underlying Carrier uses filters to block spam messages, but we do not guarantee that you will not receive spam or other unsolicited messages, and we are not liable for such messages. All Data purchased through a SmartLess Mobile Service plan (both Data that comes with a particular SmartLess Mobile Service plan and any additional Data you purchase as an add-on), will expire immediately upon termination of your SmartLess Mobile Service plan for any reason. The threshold for Data usage will be consistent with the Data Plan that you have accepted. If you exceed the monthly Data allotment specified in your Data Plan, then Data speeds will be reduced for the remainder of the plan cycle. Any refunds or credits may be provided in SmartLess Mobile’s sole discretion. When a customer is on Domestic Roaming, internet speeds will vary compared to the speeds available when connected to our Underlying Carrier’s network.

1.9 Refunds; cancellation, termination, suspension or adjustment of service plans and add-ons

Subject to our refund policy described below, you may cancel or we may terminate, suspend, or adjust (in accordance with these Terms and Conditions and our Acceptable Use Policy) any Service plan that you purchase from us at any time; provided that, except as otherwise required by applicable law, you will not receive any refund of amounts paid to us in connection with any such Service plan whether cancelled by you or terminated, suspended, and/or adjusted by us.

We may, from time to time, provide refunds in our sole discretion. If we approve a refund, it will generally be processed within thirty (30) business days after approval.

1.10 Activation

All Service plans must be activated within 30 days following the date of purchase. We reserve the right to suspend or terminate any plan or Service that is not activated within 30 days following the date of purchase. If you do not activate your Service plan within the 30-day period, your Service plan will be cancelled and the preauthorization charge on your payment method will be removed.

1.11 Compatible devices

You must use a supported, compatible Device to (1) properly access the SmartLess Mobile Service via the network. It is your responsibility to complete the compatibility check when purchasing SmartLess Mobile Services to ensure your Device is compatible. Only certain phones and tablet computers are supported Devices. (2) SmartLess Mobile will provide you with a list of supported Devices upon your request. Supported Devices may include Devices that do not permit use of an eSIM and/or SIM card. Modems, bypass, gateways, automated relay devices and any other devices used for commercial or re-direction purposes are not supported Devices and violate our Acceptable Use Policy. Failure to use a supported, compatible Device when accessing our network may result in immediate termination of your Service.

2. Charges and payments

2.1 Charges, fees, and taxes

You are responsible for paying all one-time and recurring charges that result from your commercial relationship with us and from the use of our Services, whether accrued by you or by another person using your Device or Services, including, but not limited to: (i) one time or recurring Service plan charges; (ii) activation, reconnection, prepayment, and other administrative or customer service charges or fees; (iii) returned and late payment charges or fees; (iv) roaming, network, and other surcharges; (v) optional feature charges, such as operator and directory assistance, toll and collect calls, voicemail, and call forwarding, if applicable; (vi) ”Add-On” charges; and (vii) all required or applicable federal, state, and local taxes, surcharges, fees, and any other regulatory or governmental assessments, whether assessed directly upon you or upon us and billed to you for cost recovery (together “Taxes, Fees, and Surcharges.”). Taxes, Fees, and Surcharges may vary depending on the primary address associated with your account and may vary from month to month based on our or the government’s calculations. We may, but are not obligated to, provide notice of such variances. Advertised rates may not include federal, state, and local taxes, fees, surcharges, and other assessments. All charges, fees, and taxes, once paid, are non-refundable. Such Taxes, Fees and Surcharges will be included in your Service account charges (a) at the time you order the Service and (b) each time there are any new charges to your account. Payment of Taxes, Fees and Surcharges is in addition to payment for the Service, Device or additional services and will be billed to your payment method.

Taxes and other fees are calculated based on a combination of your primary address and ZIP code that we have on file. It is crucial to enter the correct primary address and ZIP code to ensure that the taxes and fees that are assessed to you are consistent with the appropriate levies corresponding to your area. Taxes and other fees could represent a considerable portion of your bill.

Our Taxes, Fees and Surcharges include those imposed by local, state and federal entities, as well as our own Recovery Fee.

Recovery Fee: is assessed by SmartLess Mobile to offset administrative and operational costs incurred in complying with federal, state, local and other governmental programs, regulations, fees and charges – whether currently in effect or enacted in the future.

The recovery fee is calculated as a flat per plan fee plus an additional 2.5% of the plan cost which is applied to help recover other administrative fees.

Federal Universal Service Fund Fee: The Federal Universal Service Fund Fee is imposed by SmartLess Mobile to recoup its required contributions to the Federal Universal Service Fund, which supports federally mandated programs aimed at expanding access to telecommunications services in rural and underserved areas. The fee amount is subject to change and is based on the quarterly contribution factor established by the Universal Service Administrative Company (“USAC”), as directed by the Federal Communications Commission. SmartLess Mobile applies the applicable rate assessed to SmartLess Mobile by USAC at the time of billing.

Other Fees: SmartLess Mobile also charges other fees to help recover costs to comply with local, state and federal regulations along with local, state and federal taxes, including but not limited to (a) state and federal Telecommunications Relay Service Programs, (b) governmental franchise, excise, public utility and other telecommunications taxes, fees and charges, and other costs we incur to comply with government regulations and fund certain programs.

2.2 Billing and payment

You may access your monthly invoice on our website. You will receive a receipt of your bill electronically on a monthly basis.

You are responsible for reviewing your bills to ensure that all charges are accurate. Our bills will distinguish (a) charges collected and retained by us, including charges for Service plans, “Add-On Charges”, and features, from (b) taxes, surcharges, fees, and any other regulatory or governmental assessments collected by us and remitted to federal, state, or local governments. Cost recovery fees and charges will not be labeled as taxes. You agree to pay for all prepaid charges immediately when billed using a credit card or other valid payment method. You must promptly notify us of any change in your billing address or payment method.

Your billing cycle begins on the date you create your SmartLess Mobile account (your “Anniversary Date”), regardless of the date on which you activate or begin using the Services. Each subsequent billing cycle will begin on your Anniversary Date.

You are required to make automatic payments in connection with payment for Services. Automatic payment methods you may use include certain Credit Cards and Debit Cards (Mastercard Debit and Visa Debit). By signing up to automatic payments, you authorize our payment provider to store your payment information for future purchases and auto-collect payments associated with the use of Services from your designated payment method. You agree to pay all applicable charges for the Services, whether ordered by you, someone authorized by you, or someone with access to your Services or accounts. All recurring monthly charges must be paid in advance. One-time charges will be billed upon selection of any one-time passes (e.g., data, international roaming). We will notify you when your billing cycle is coming to an end and when your payment has been successfully received.

By providing payment information and accepting this agreement, you authorize us or our payment service provider to charge your payment method in advance for prepaid payments to ensure that payments are received by any due date. To cancel the automatic renewal of your SmartLess Mobile plan, please contact us by dialing 611 from your device or calling toll-free at 1-888-SMRTLSS (767-8577). For security purposes, we’ll verify your identity before processing the cancellation and ensure that your phone number is not disconnected or transferred without your consent. Cancelling your automatic renewal will end your service at the conclusion of your current billing cycle. Once your request is complete, you’ll receive an email confirmation of the cancellation.

We will not, except in our sole discretion, refund, prorate, or credit any charges, fees, or taxes, including if you modify or terminate your Service before or have remaining Allotments at the end of your monthly cycle. If you wish to dispute a charge, you must do so in accordance with the dispute resolution process described in Section 7.

If we attempt to charge your credit card or any other payment account for a charge and the credit card company or other financial institution withholds or declines such payment because there is an insufficient balance or the charge has been disputed (a “Chargeback”), we reserve the right to suspend or terminate your access to our Service until the payment is processed or the Chargeback is reversed. However, you will be provided a three-day grace period to update or change the payment method on the account.

2.3 Creditworthiness

We do not condition the provision of Services on a subscriber’s credit rating, credit history, or other method of determining creditworthiness. We do not provide subscriber payment history and other account billing and charge information to any credit reporting agency or industry clearinghouse. No deposits are held or required as a condition of receiving Services nor do we have any preset account spending limits.

2.4 Promotions and rewards

We may, from time to time, provide you with promotional credits, promotional offers, or specific offers available only to existing subscribers (collectively, “Promotions and Rewards”). Promotional credits are typically courtesy account credits due to Service issues, Device issues, or customer inconveniences. Promotional offers are typically plan, Device, and pricing offers that are available for a limited time or when you meet certain conditions. Our existing subscriber offers are typically rewards offered for being our customer. Promotions and Rewards are offered at our sole discretion. Promotions and Rewards can only be claimed and redeemed by accountholders and only will be associated with the account of the customer who was offered the Promotions and Rewards. Promotions and Rewards may not be sold or transferred to another SmartLess Mobile account or to any other person. Promotions and Rewards have no fixed or cash value or equivalent, and may not be exchanged, transferred, resold, redeemed, or substituted for cash, merchandise, or services. If your Services with us are terminated for any reason, any Promotions and Rewards offered to you or associated with your account are forfeited. If you fail to make payments on your account or otherwise violate this Agreement, you may lose the ability to claim or redeem Promotions and Rewards. Promotions and Rewards are not your property and we may, in our sole discretion, change, modify, discontinue, suspend, revoke, cancel, or terminate them at any time, with or without notice. Promotions and Rewards may not be available to all subscribers, in all locations, or combinable with other Promotions and Rewards. Promotions and Rewards may be subject to additional terms and conditions as described to you when offered to you.

Promotions and Rewards may be offered to any subset of customers based on eligibility criteria determined by SmartLess Mobile in its sole discretion (including, without limitation, new customers, port-in customers, or customers who meet specific requirements). Unless expressly stated otherwise, Promotions and Rewards are non-transferable, non-combinable with any other offer, and may not be redeemed for cash or cash equivalents. Any reference to “free” service reflects a promotional credit only and does not confer ownership, entitlement, or ongoing rights. Promotions and Rewards are subject to these Terms and any applicable promotional terms, which may modify or supersede these Terms solely with respect to that Promotion. Prior, expired, or unavailable Promotions and Rewards do not create any expectation or entitlement to future offers. To the maximum extent permitted by applicable law, SmartLess Mobile may modify or terminate any Promotion or Reward at any time without notice.

2.5 Third-party purchases

Devices associated with your Services may be used to purchase content, information, applications, and other goods and services from third parties, including in-app purchases (collectively, “Third-Party Purchases”). You are responsible for all charges resulting from Third-Party Purchases and are presumed to have provided the consent and representations required for those purchases regardless of whether the purchases were made by you or someone using a Device associated with your account, including consent for the use and disclosure of your account information to provision and bill for the purchases, consent to use location information to deliver the purchases to the Device, and representations of age for the person using the Device when a purchase is made. If you cancel or attempt to cancel a download or purchase that is in progress, or if a download or purchase is otherwise interrupted through no action on your part, you may nevertheless be charged in accordance with the terms and conditions associated with the purchase. We will not be liable for any such charges. If you believe your Services were used fraudulently to make purchases, you must notify us immediately and provide us with such documentation and information as we may request (including affidavits and police reports) as evidence of the fraudulent use. After you notify us, we will attempt to help you prevent the fraud by terminating existing Services if possible and practicable, but you will remain responsible for all charges. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to provide reasonable cooperation may result in your liability for all fraudulent usage and charges. We make no representations or warranties (expressed or implied), to the fullest extent permitted by law, including for merchantability or fitness for a particular purpose, of Third-Party Purchases nor are we responsible for proper download, installation, functionality, or security of Third-Party Purchases.

3. Service features, limitations, and notices

3.1 Account access

You can access your subscriber account information by contacting our Customer Service and providing necessary authentication information. You will only be able to access Customer Proprietary Network Information (“CPNI”), as defined by the FCC, see 47 CFR § 64.2003, by providing a password or PIN associated with your account. If you are not able to provide a password or PIN, we can only disclose your CPNI by sending it to your address of record or by calling you at your telephone number of record. We may, but are not obligated to, allow you to authorize other individuals to access your account. If you authorize another person to access your account or provide such person with your authentication information, those individuals may be permitted to make changes to your account. You authorize us to provide information about and make changes to your account, including changes to your Service plan and features, upon the direction of any person able to provide your authentication information. Those changes will be binding on you and we take no responsibility for those changes. To protect the security of your CPNI, your password should be unique and complex. You should not provide your account authentication information, including your password, to third parties, and such information should be stored safely to prevent third-party access. If you believe your account authentication information was disclosed or accessed by an unauthorized person, we advise you to change the information immediately.

3.2 Account protection measures

You should be aware of two fraudulent practices – Port-Out Fraud and SIM Swap Fraud– that could enable threat actors to take control of your account without gaining physical control of your device.

Port-Out Fraud. Port-Out Fraud involves the threat actor opening an account with a wireless provider on your behalf and arranging for your phone number to be ported out (transferred) to the new account.

SIM Swap Fraud. Your device has a subscriber identity module (SIM) card, including a chip that identifies your phone number with that phone. SIM Swap Fraud happens when a threat actor convinces us to transfer your Service from your device to the threat actor’s device.

We have implemented a number of measures to help you protect your account against Port-Out Fraud and SIM Swap Fraud.

Customer Notification of Port-Out and SIM Change Requests

Port-Out Requests.

Upon receiving a port-out request, and before effectuating the request, we will provide you immediate notification that a port-out request associated with your account was made, except if the port-out request was made in connection with a legitimate line separation request pursuant to 47 U.S.C. § 345 and 47 CFR Part 64, Subpart II, regardless of whether the line separation is technically or operationally feasible.

SIM Change Requests.

Upon receiving a SIM change request, and before effectuating the request, we will provide immediate notification you that a SIM change request associated with your account was made, except if the SIM change request was made in connection with a legitimate line separation request pursuant to 47 U.S.C. § 345 and 47 CFR Part 64, Subpart II, regardless of whether the line separation is technically or operationally feasible.

Account Locks to Prevent Porting and SIM Change

Port Locks

Your Options to Activate and Deactivate Port Locks

You have the option, at no cost, to lock your account to prohibit your number from being ported. We will not fulfill a port-out request until you deactivate the lock on the account, except if the port-out request was made in connection with a legitimate line separation request pursuant to 47 U.S.C. § 345 and 47 CFR Part 64, Subpart II, regardless of whether the line separation is technically or operationally feasible.

To request a port lock, or to deactivate a port lock, please contact us by dialing 611 from your Device, or calling toll-free at 1-888-SMRTLSS (767-8577).

Our Right to Activate a Port Lock

We may activate a port-out lock on your account when we have a reasonable belief that you are at high risk of fraud, and if we do so we will provide your with clear notification that the account lock has been activated with instructions on how you can deactivate the account lock, and promptly comply with the your legitimate request to deactivate the account lock.

SIM Change Locks

Your Options to Activate and Deactivate SIM Change Locks

You have the option, at no cost, to lock your account to prohibit us from processing requests to change your SIM. We will not fulfill a SIM change request until you deactivate the lock on the account, except if the SIM change request was made in connection with a legitimate line separation request pursuant to 47 U.S.C. § 345 and 47 CFR Part 64, Subpart II, regardless of whether the line separation is technically or operationally feasible.

To request a SIM change lock, or to deactivate a SIM change lock, please contact us by dialing 611 from your Device, or calling toll-free at 1-888-SMRTLSS (767-8577).

Our Right to Activate a SIM Change

We may activate a SIM change lock on your account when we have a reasonable belief that you are at high risk of fraud, and if we do so we will provide you with clear notification that the account lock has been activated with instructions on how you can deactivate the account lock, and promptly comply with your legitimate request to deactivate the account lock.

Process for Reporting Fraudulent Number Ports and Fraudulent SIM Changes

If you believe that you have been the victim of actual or attempted Port-Out Fraud or SIM Swap Fraud, please contact us immediately by dialing 611 from your Device, or calling toll-free at 1-888-SMRTLSS (767-8577).

We will promptly investigate and take reasonable steps within our control to remediate fraudulent number ports and fraudulent SIM changes.

Upon request, we will promptly provide you with documentation of fraudulent number ports or fraudulent SIM changes involving your account.

3.3 Wireless coverage

The availability of our wireless Services is subject to the geographic coverage area of our Underlying Carrier and its roaming partners. Coverage is not available everywhere in the domestic U.S., and you will not have access to our Services outside the coverage area. A coverage map reflecting the approximate geographic coverage area of our Underlying Carrier and its roaming partners can be accessed from our website, at www.smartlessmobile.com. Areas without coverage are shown as gaps. Coverage maps are generated using generally accepted methodologies and standards but are only approximations of actual coverage. There may be locations within the estimated coverage area where actual coverage is limited and you may experience interruptions or reductions in Service quality, including due to interference from buildings and other structures, terrain, and foliage. Additionally, actual coverage at any given time may vary by Service and be affected by factors beyond our control, as described in Section 3.3. Coverage maps and any statements by us, our agents, or dealers about coverage are only intended to provide high-level estimates of our coverage area when you are using our Services outdoors under optimal conditions and do not mean that Service will be available under all circumstances, at all times, or without interruption. We do not guarantee or warrant the coverage of the network of our Underlying Carrier or its roaming partners. Where there is no coverage, 911 calls may not reach public safety answering points. In such instances, subscribers should dial 911 from the nearest landline phone. Coverage maps may be updated periodically and without notice to reflect the current operations of our Underlying Carrier and its roaming partners.

3.4 Service availability and quality

In addition to factors that affect coverage, Service availability and quality may be subject to “Service Limitations,” which may depend on whether you are using wireless or landline Services. These include interruptions, delays, or reductions, due to a variety of factors, including, but not limited to: weather and atmospheric conditions; obstructions; electromagnetic interference; use of the Services inside a building or moving vehicle; your geographic location relative to our coverage area; your proximity to wireless cell sites; the capacity of a cell site; the number of other customers connected to the same cell site; other network capacity limitations and congestion; the capabilities and compatibility of your Device; network outages or issues on the network of our Underlying Carrier or interconnecting carriers; and priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency. Additional factors that may affect our Services are described in our Broadband Transparency Policy, available at www.smartlessmobile.com/broadband-transparency-policy. Once identified, we take reasonable steps to attempt to remedy Service Limitations that are within its control. Service Limitations may also occur as a result of network maintenance, including equipment modifications, upgrades, relocations, repairs, or similar activities necessary or proper for network operation or improvement imposed by us, our Underlying Carrier, or interconnecting carriers. We will use reasonable efforts and may notify you prior to the performance of such maintenance and may attempt to schedule its maintenance during non-peak hours. Service Limitations may result in dropped or blocked calls, inability to make or receive calls, inability to send or receive text messages, or inability to access the Internet and other data. You acknowledge that the Services are provided through the nationwide wireless network of the Underlying Carrier of our choosing and may be subject to the service availability and quality of our Underlying Carrier. We do not guarantee or warrant the availability or quality of the Services at any given time or geographic location, we are not liable for Service Limitations, and you are not guaranteed compensation or reimbursement for Service Limitations.

No compensation, reimbursement, refund, or credit is guaranteed as a result of any Service outage, interruption, or reduction in Service quality.

3.5 Service quality and optimization

We or our Underlying Carrier may, but are not obligated to, take any action we deem necessary to: (1) address security threats and otherwise protect the networks, Services, systems, and equipment from harm or degradation; (2) optimize, improve, or manage the networks, Services, systems, and equipment; (3) preserve and protect their rights and interests and those of their subscribers and third parties; and (4) otherwise ensure the activities of some users do not impair our ability or the ability of our Underlying Carrier to provide their subscribers with access to reliable Services provided at reasonable costs. Such actions may include, but are not limited to:

discontinuing, blocking, or terminating certain categories of Services;
restricting, reducing, or limiting the amount of usage of the Services;
limiting data throughput speeds or quantities;
reducing the size of data transfers;
limiting, disabling, or preventing access to particular features;
blocking, limiting, or disconnecting access to individual phone numbers or certain categories of phone numbers (e.g., 976, 900), countries, destinations, or providers;
limiting the provision of Services at certain times or in certain areas, including due to changes in coverage of our Underlying Carrier or changes in roaming agreements;
filtering or blocking certain calls, texts, and data transmissions sent through the network, including spam, unlawful and unwanted telemarketing calls and messages, and malware (we do not guarantee that you will not receive and we are not liable for such calls, text, or transmissions; if you are receiving unwanted telemarketing messages, contact the source and unsubscribe or remove your mobile phone number from the service);
blocking calls to you at your request or to other called parties at their request;
blocking or otherwise preventing access to third party services or other premium services, features, or content that would generate additional fees or charges billed to us, either directly or through your account as a result of your use of or access to the service, feature, or content;
blocking hacking and other attempts for unauthorized access; and
blocking or terminating usage that is indicative of uses prohibited by the Acceptable Use Policy (Section 6), including uses that result in abnormally long calls, high costs, or high usage.

Some of these actions may interrupt or prevent legitimate communications and usage, including by resulting in dropped or blocked calls, inability to make or receive calls, inability to send or receive text messages, or inability to access the Internet and other data services. For additional information about our network security practices for our Data Service, please review our Broadband Transparency Policy at www.smartlessmobile.com/broadband-transparency-policy.

3.6 Wireless device location information

Your wireless Device may be location enabled, which means the location of your Device can be determined by using Global Positioning Satellite (“GPS”), wireless network location information, or other location technology when your Device is turned on. Your location information may be used by us, our Underlying Carrier, or third-party services, as described in our Privacy Policy, available at www.smartlessmobile.com/privacy-policy. Additionally, your location information may be used by 911 and other emergency services, as described in Section 3.7. Your location information may be unavailable if your Device is unable to acquire satellite signals and network coverage, which may prevent you, us, and other services from accessing your location. Satellite signals and network coverage may be unavailable due to a variety of factors beyond our control, as described in Sections 3.2 and 3.4. Your location information may be used to assist emergency services in finding you; however, always state the nature of your emergency and provide both your location and phone number when you make a 911 call, as, depending on a number of factors, the operator may not automatically receive this information from your Device or the information the operator receives may be inaccurate. SmartLess Mobile is not responsible for failures to connect or complete 911 calls or if inaccurate location information is provided to emergency services. We cannot assure you that if you place a 911 call you will be found. 911 service may not be available or reliable and your ability to receive emergency services may be impeded. Your location information may also be accessed and used by third-party Content and Applications (“Location-Based Services”). Please review the terms and conditions and privacy policies for each Location-Based Service to learn how your location information will be used and protected. We may also use your location information for the purposes described in our Privacy Policy, available at www.smartlessmobile.com/privacy-policy. The use of certain Location-Based Services or the disclosure of location information may be restricted by use of parental controls or similar features. We do not warrant or guarantee that Location-Based Services will be available at any specific time or geographic location. You may be able to configure the settings on your Device or in third-party services to restrict or disable the sharing of your location information. It is your responsibility to notify individuals who may use your Device that it may be location enabled.

3.7 911 and other emergency services

Your Device’s location information may be used to assist emergency services in finding you, but you should always be prepared to provide both your exact location and phone number when contacting 911 as this information may not be automatically transmitted.

Wireless devices may not always be able to provide 911 dispatchers with your precise location. Even when location information is transmitted from your wireless device to a dispatcher, the location information that is transmitted may be inaccurate or unavailable depending on network conditions, device capabilities or your physical environment. Location for 911 services may be determined using a variety of information and methods, including your device’s GPS, network-based location data, or the most recent address you have provided to SmartLess Mobile for emergency-service purposes.

You are responsible for ensuring that any address you provide to SmartLess Mobile for 911 routing, including your Registered Address for e911 is accurate and kept up to date. Incorrect, incomplete or outdated address information may impair 911 services, result in misrouting or prevent emergency personnel from locating you. Updates to your address may take time to process and may not immediately take effect. You must update your Registered Address with SmartLess Mobile whenever it changes.

If you attempt to make an emergency call from your wireless device in an area where there is limited or no wireless coverage, your call may not go through, in which case you should try calling from the nearest landline phone. Calls may also be delayed, misrouted or otherwise impacted by network outages, device issues, congestion or the architecture of the emergency services network. Other third-party entities determine how your 911 calls are handled, and neither SmartLess Mobile nor our network supplier determine the public safety agency to which your 911 call is routed. We do not guarantee that your location information will be transmitted, that any transmitted information will be accurate, or that you will be able to reach emergency services at all times or from all locations.

If you are porting a phone number to or from SmartLess Mobile, we may not be able to provide you with 911 location services while the port is taking place. If you are porting a phone number to SmartLess Mobile it is your obligation to ensure that information forwarded from the port-out carrier is accurate and complete. If you dial 911 while outside of the U.S., 911 services may not be available.

Ultimately, SmartLess Mobile is not responsible for failures to connect or complete 911 calls for any reason whatsoever, including without limitation any failure caused by inaccurate, incomplete or unavailable location information.

For additional important information about 911 access, including the limitations of Wi-Fi calling and your obligation to maintain an accurate Registered Address, please review section 3.8 WiFi features and SmartLess Mobile’s 911 and E911 disclosure, which forms part of these terms.

3.8 WiFi features

SmartLess Mobile, at its sole discretion, may make available Wi-Fi voice and text messaging services, i.e., the ability to originate and terminate calls and text messages over a Wi-Fi connection (“Wi-Fi Calling”). If offered by SmartLess Mobile, Wi-Fi Calling will only be available for SmartLess Mobile customers that (i) have a Wi-Fi capable Device with SmartLess Mobile supported Wi-Fi calling capability, (ii) have Wi-Fi Calling service provisioned on their account by calling Customer Service or updating preferences in account management, and updating the applicable Wi-Fi calling settings on your Device, (iii) have a compatible SIM card or eSIM, and (iv) are connected to functioning third-party internet service. Not all services available on SmartLess Mobile’s Underlying Carrier’s network are available while using Wi-Fi Calling. For example, emergency alerts may not be available with Wi-Fi Calling. You understand and acknowledge that calling 9-1-1 via Wi-Fi Calling uses the internet and operates differently than calling 9-1-1 via traditional telephone services (wireless or wired), including the traditional wireless telephone services offered by SmartLess Mobile. Solely by way of example, and without limiting any of the disclosures contained in our 911 & E911 Disclosure, 9-1-1 may not work during internet outages or disruptions, when attempting to call 9-1-1 via Wi-Fi Calling from any location. In addition, emergency personnel may not be able to identify your phone number to call you back, and 9-1-1 calls may otherwise be delayed or dropped due to network architecture, when dialing 9-1-1 via Wi-Fi Calling, from any location. In addition, if SmartLess Mobile makes Wi-Fi Calling available to you, you must provide us with any update, the physical location at which you will use Wi-Fi Calling (the “Registered Location”). If your Registered Location changes, either temporarily or permanently (e.g., when using Wi-Fi Calling at any other physical location), you must promptly update your Registered Location with SmartLess Mobile. You may provide us with your Registered Location at any time within the applicable device settings of a compatible Device. If you do not provide us with an accurate Registered Location and update it promptly for any and all changes in your location as described above, we or our Underlying Carrier may block your usage of certain Wi-Fi Networks. You also understand and acknowledge that if you attempt to dial 9-1-1 via Wi-Fi Calling from any location other than your Registered Location, emergency personnel may not be able to identify your location, your 9-1-1 call may not complete, and/or your 9-1-1 call may be routed to emergency personnel in a different location. You understand and acknowledge that it may take up to 2 hours for changes in address to be updated, and you should notify SmartLess Mobile in advance of any temporary or permanent changes to your Registered Location as described above. NEITHER SMARTLESS MOBILE NOR ITS UNDERLYING CARRIER IS RESPONSIBLE OR LIABLE FOR ANYTHING RELATED TO YOUR USE OF OR INABILITY TO USE ANY WI-FI CALLING MADE AVAILABLE TO YOU, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF EMERGENCY CALLS (WHETHER 9-1-1 CALLS OR OTHERWISE). For additional information regarding dialing 9-1-1, either with or without Wi-Fi Calling, please see Section 3.6 of these T&Cs. Wi-Fi calling minutes will be treated as Talk minutes (and be included in any applicable Talk allotment) in the following instances: (1) when you use Wi-Fi Calling to make International Long Distance calls, and (2) when you have a Service plan with limits on Talk and you use Wi-Fi Calling to make local (non-long distance) calls. Most devices will not transition between Wi-Fi and the wireless network. Devices using wireless connections may be vulnerable to unauthorized attempts to access data and software stored on the Device.

3.9 Third-party content and applications

Devices may be used to access and disseminate third-party content and applications through the Services. Some content and applications may: (i) harm your Device or its software; (ii) infringe on the rights of others; (iii) be unreliable, inaccurate, or incomplete; (iv) be offensive, indecent, or objectionable; or (v) be unsuitable for minors. When you access, download, install, or use third-party content and applications, you may voluntarily or involuntarily provide information to third-party content and applications providers. You are solely responsible for evaluating the third-party content and applications accessed while using the Device and Services. By allowing a minor to use the Device and Services, you are consenting to the minor being able to access any third-party content and applications available through the Services and provide information to the third-party content and application providers; we strongly recommend that you monitor the third-party content and applications accessed by minors using the Device and Services. We do not control and is not responsible for the third-party content and applications accessed or disseminated using the Device or Services. We may, but do not have the obligation to, monitor, review, and restrict or refuse to transmit certain third-party content and applications. We are not a publisher of third-party content and applications. When you access, download, install, or use third-party content and applications, you are subject to the terms and conditions and privacy policies of those third-party content and applications. You may review our Privacy Policy, at www.smartlessmobile.com/privacy-policy, to learn how you may provide information to third-party content and applications. For assistance with third-party content and applications, contact the third-party developers or owners directly.

3.10 Phone numbers and porting

If you are not porting in your existing phone number, you must accept the phone number we assign to you at the time you subscribe to our Services. We reserve the right to change your mobile phone number at any time, but we will attempt to notify you prior to any such change. You can switch your number to another Device at no additional charge. Except for any legal right you may have to transfer (“port”) your phone number to or from another carrier, you have no and cannot gain any proprietary ownership or other rights to any phone number we assign to you, your Device, or your account. We do not guarantee that numbers ported to or from us will be successful. To request to port a phone number to us, you can initiate a port-in online during the onboarding and account creation process. To request a port-out of your phone number, you can request a port-out pin through accessing your account online at www.smartlessmobile.com, or by contacting Customer Service by dialing 611 or calling toll-free at 1-888-SMRTLSS (767-8577). Before you call to port a number to us, please have a bill from your existing wireless or wireline provider available. When you port a number to us from another carrier, you are solely responsible for all charges billed or incurred prior to deactivation of service with your prior carrier and for any applicable early termination fees assessed by your prior carrier; we will not reimburse you for these charges. Due to compatibility issues, you may be required to purchase or obtain a new Device to use our Services after you port a number to us, and you may be without Services until the new Device is configured. Upon receiving a request to port your number to another carrier, and before effectuating the request, SmartLess Mobile shall notify you immediately to inform you that a port-out request was made. you authorize another carrier to port a number from us, we will consider that a request by you to terminate all of your Services with us that are associated with that number and the termination will occur on the date the number is ported. Notwithstanding our honoring port requests, any balance due will still be owed by you to us. If your Services are terminated for any reason and you do not port your number to another provider, we may reassign the phone number you were using to another subscriber without notice. You will not be able to transfer any unused Talk, Text, or Data allotments on your SmartLess Mobile account to your new provider and after the porting is completed, you will no longer be able to use our Services with that number. Under no circumstance will we refund you for any Allotments or account payments if you port out your number. If you port your phone number to or from us, some Services, such as 911 location services, may not be immediately available through us or the other carrier while the port is being processed.

4. Acceptable use policy

You are only permitted to use our Devices and Services for lawful, personal, and non-commercial uses. Subject to those limitations, voice and text service is solely for live dialogue between, and initiated by, individuals. Data Services are provided only for lawful, personal and non-commercial uses initiated by you, including web surfing, sending and receiving email, using messaging services for live dialogue between and initiated by individuals, sharing photographs, and the non-continuous streaming of videos, downloading files, participation in online gaming, and use of applications.

Prohibited uses included those that are unlawful, harmful, or otherwise impact our ability or the ability of our Underlying Carrier to provide the Services to our or its subscribers. You are responsible for all activity through your Device and Services, including any conduct by others, and are liable to us for any prohibited uses or damages resulting from prohibited activities or uses that occur using your Device or Services. Prohibited uses include, but are not limited to:

Infringement: Infringing or otherwise violating any intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right, which may result from the unauthorized copying, distribution, posting, editing, or modifying of pictures, logos, software, articles, musical works, and videos.
Unlawful, Offensive, and Harmful Conduct or Content: Engaging in conduct or dissemination of content that is unlawful, libelous, slanderous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, inciting unlawful or violent acts, or otherwise objectionable. Without limiting the foregoing, you may not access or use our Devices or Services in any manner for the transmission or dissemination of images containing child pornography. We reserve the right to remove or delete any content you have disseminated using our Services that, in our sole discretion, have determined violates this Agreement or is otherwise objectionable.
Fraudulent Conduct: Engaging in any fraudulent activity, including, but not limited to: (1) conducting fraudulent business operations and practices; (2) offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes); and (3) individual or business representation as an authorized third-party affiliation or agent for a business entity without the business’ prior consent.
Falsification/Impersonation: Using the Device or Services to impersonate any person or entity; falsely state, mask, or otherwise misrepresent yourself or your affiliation with any person or entity; or create a false identity for the purpose of misleading others. Without limiting the foregoing, you may not use invalid or forged headers, invalid or non-existent domain names, false date or time stamps, false originating e-mail addresses or other identifiers, or other means of deceptive addressing.
Commercial, Unsolicited, and Spam Communications: Using the Services to distribute, publish, send, or engage in: (i) commercial, marketing, advertising, or promotional communications or solicitations to any person without the person’s consent; (ii) spam, chain mail, bulk messages, automatically generated messages, numerous copies of the same or substantially similar messages, empty messages, or messages that contain no substantive content; and (iii) telemarketing, autodialed, or prerecorded communications. This includes using our mail servers or another site’s mail server to relay messages without the express permission of the account holder or the site.
Violation of Third-Party Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, website, or application you access.
Excessive Utilization of the Services: Engaging in excessive use of the Services relative to typical usage by our other customers on similar Service plans, including making or receiving an abnormally high number of calls, sending or receiving an unusually high number of messages, repeatedly placing calls of unusually long duration, or consuming a disproportionate amount of available network resources, including Data. Such activities suggest the Services are being used other than for personal, non-commercial use in violation of this Agreement and may impair or degrade use of the Services by other customers.
Uses Causing Excessive Utilization of Services: Continuous, unattended, or excessive streaming, downloading, or uploading of videos, music, or other files; using applications that automatically consume disproportionate amounts of network resources, are designed for unattended use, operate as automatic data feeds, constitute automated machine-to-machine connections, or are used in a way that degrades network capacity or functionality; using the Services in connection with server devices or to operate a hosting service; using the Services as the functional equivalent of a private or dedicated access line or an access point for intra-company private branch exchange services; maintaining open lines of communication for extended periods of time (e.g., baby monitoring or other monitoring services); and placing or receiving an abnormally high number of calls or repeatedly placing or receiving calls which result in abnormally long call lengths or high costs, including operating a dispatch service, excessive use of multi-party calling features or separate calls that are not bridged together, and excessive use of single party or multi-party chat line services.
Traffic Pumping/Access Stimulation: Using the network for any and all activities that are designed to generate traffic to increase the intercarrier compensation billed to, including to dial telephone numbers associated with free conference calls, free chat lines, or similar services that are used for traffic pumping/access stimulation.
Unauthorized Information Collection: Using our Services for unauthorized information collection, including, but not limited to: phishing, spidering, harvesting, or any other unauthorized collection of e-mail addresses, screen names, or other identifiers of others, using software (including “spyware”) designed to facilitate such activity; or conducting commercial research or commercial data collection, including collecting responses from unsolicited messages.
Malicious Software: Distributing, publishing, or posting content that is malicious software (i.e., malware) into the network or through the Services, including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data, or personal information.
Hacking: Without the express prior authorization of the owner of any data, systems, or networks, accessing or using such data, systems, or networks, including attempting to gain unauthorized access to, alter, or destroy any information that relates to any of our subscribers or other end-users and attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures.
Interception: Monitoring data or traffic on any system or network without the express prior authorization of the owner of the system or network.
Intentional Interference: Interfering with service to any user, host, or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks.
Device Modifications: Unlocking, re-flashing, rooting, tampering with, altering, or otherwise modifying your Device or its software without authorization.
SIM Card Modifications: If your Device has a SIM card, without authorization, removing the SIM card, placing the SIM card in another Device, or altering, bypassing, copying, deactivating, reverse-engineering, or otherwise circumventing or reproducing the stored encoded information stored or the encryption mechanisms of the SIM card.
Signal Enhancements: Installing, deploying, or using any regeneration equipment or similar mechanism (e.g., a repeater or signal booster) to originate, amplify, enhance, retransmit, or regenerate a transmitted radiofrequency signal, unless authorized by us.
Tethering: Tethering your Device to another device, computer, modem, or other equipment for the purpose of using the Data Service, except as required by federal or state law or regulation, or as expressly described to you in writing or the terms of your Service plan.
Miscellaneous: Reselling or leasing the Services; using the Service for commercial activities; using the Services for pager or voicemail retrieval service; engaging in any other conduct that could or does harm or adversely affect our other subscribers, employees, business, reputation, network, property, Services, operations, or any other person; or assisting, facilitating, or allowing anyone else to do or attempt to do any of the above activities.

This Acceptable Use Policy, including the prohibited uses, applies to all of our Service plans, including plans with unlimited Talk, Text, and Data Allotments. UNLIMITED DOES NOT MEAN UNREASONABLE USE. If you use unlimited Allotments for anything other than personal, non-commercial use or engaging in any other unauthorized, excessive, or abusive use, including uses prohibited by this Acceptable Use Policy, we may, at our sole discretion, terminate, suspend, modify, or limit your Services, as discussed in Section 5.

You are responsible for all fraudulent use of your Device and the Services. In the event you discover or reasonably believe your Device or the Services are being used for fraudulent activities, you must immediately notify us by dialing 611 from your Device, or calling toll-free at 1-888-SMRTLSS (767-8577). In the event we discover or reasonably believe your Device or the Services are being used for fraudulent activities, we may take action to prevent such fraudulent activities from taking place, including the termination, suspension, modification, or limitation of your Services, as discussed in Section 5.

Always 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, use a hands-free mechanism for your wireless Device and do not use your wireless Device to send text messages.

You agree that a violation of this Acceptable Use Policy harms us, which cannot be fully redressed by money damages, and that we shall be entitled to immediate injunctive relief in addition to all other remedies available without the requirement to post a bond. If you want to report any violations of this Acceptable Use Policy, please contact us by accessing your account on www.smartlessmobile.com, contacting Customer Service by dialing 611 from your Device, or calling toll-free at 1-888-SMRTLSS (767-8577).

5. Termination, suspension, modification, and limitations of your services

Either party may terminate the Services, which will terminate this Agreement, at any time on advance notice to the other party with or without cause. Additionally, we may, at any time, with or without prior notice, and at our sole discretion, terminate, suspend, modify, or limit your Services if:

we know or suspect you or someone using your Device or Services violated or attempted to violate this Agreement, including the Acceptable Use Policy in Section 4, or any of our other policies or terms and conditions, including the terms and conditions of your Service plan;
we know or suspect you used or attempted to use false or fraudulent means to obtain our Services;
we know or suspect you violated or attempted to violate any applicable laws or regulations;
we know or suspect that you have committed a criminal or harmful act against us or any of our employees or agents;
we know or suspect you are using our Services for fraudulent purposes;
we know or suspect you have engaged in improper, illegal, or unauthorized use of your Device;
your payment is returned unpaid, you fail to make all required payments when due, any payment is past due, or we reasonably believe there has been fraudulent payment activity in connection with your Services;
your actions expose us to sanctions, prosecution, civil action, or other liability;
your actions cause harm or interfere with the integrity, security, or normal operations of our network or that of our Underlying Carrier;
your actions interfere with another subscriber’s ability to use the Services;
your actions otherwise present an imminent risk of harm to us or our subscribers.
we discover you are under the age of majority in your state of residence and therefore incapable of contracting for goods and services;
you threaten, harass, abuse, offend, or use vulgar, derogatory, or inappropriate language toward our employees, agents, or any person whom you contact using our Services or your Device;
we are ordered to do so by any federal or state government entity with authority to do so;
a condition immediately dangerous or hazardous to life, physical safety, or property exists;
we cease to provide Services in your area; or
for any other operational or governmental reason.

We may terminate or suspend Talk, Text, and Data Services individually or collectively. Upon termination, any unused Allotments will expire, and you will not receive a refund. Additionally, upon termination, we may reassign the phone number you were using to another subscriber without notice. We may modify your Services by changing your Service plan or features. We also reserve the right to prohibit you from using SmartLess Mobile Services in the future, including by blocking your Device from our network, prohibiting you from opening or using another SmartLess Mobile account, or through other reasonable means. We are not liable for any harms that may result from termination, suspension, modification, and limitations of your Services and you will not receive a refund or credit from us for any unused or unusable Talk, Text, and Data allotments as a result of such termination, suspension, modifications, and limitations.

If you fail to make full payment by the due date, we will notify you and your account will enter a 3-day grace period, during which your Services will not be interrupted. Following this grace period, if you have not made payment your Services will be suspended until all outstanding fees, charges, and taxes are paid in full. If you have not successfully paid for your Service plan renewal for fifteen (15) days or more while your account is in suspended status, your account will be terminated. During the suspension period, your account and phone number remain active, but you will not be able to use your Services. Prior to termination, you may reactivate your Services by making full payment on your account.

You can request that we terminate your services by contacting SmartLess Mobile by dialing 611 from your Device, or calling toll-free at 1-888-SMRTLSS (767-8577).

6. Warranties, liabilities, and indemnification

6.1 Warranty disclaimer

We make no representations or warranties, express or implied, including without limitation, any implied warranty of merchantability, suitability, non-infringement, or fitness for a particular purpose, or performance to you or any other person or entity in connection with, arising out of, or relating to the Services or Devices, to the fullest extent permitted by law. We do not authorize anyone to make warranties on our behalf. We do not guarantee uninterrupted or error-free Services, wireless coverage, or particular service speeds or quality of service. WE DO NOT GUARANTEE THE AVAILABILITY, QUALITY, OR DATA SPEEDS OF ANY SERVICES WHEN ON THE NETWORK OF OUR UNDERLYING CARRIER OR WHEN ROAMING ON ANOTHER CARRIER’S NETWORK. We also do not guarantee that your communications will be private or secure; it is illegal for unauthorized people to intercept your communications, but such interceptions can occur. You should implement appropriate safeguards to secure your Device and any other equipment you may use with the Services. We do not manufacture any Devices or equipment that are used with our Services and are not responsible for any defects, acts, or omissions of the manufacturers, including any warranty, patent, or licensing obligations. Notwithstanding the foregoing, the manufacturer of your Device may provide you with a warranty.

6.2 Limitation of liabilities

To the fullest extent permitted by law, you agree that we and all parents, subsidiaries, affiliates and their past, present, and future officers, directors, employees, agents, representatives, partners, licensors, successors, and assigns shall not be liable, whether or not due to our or their negligence, for any:

act, omission, or error by you or a third party, including third-party service providers or vendors;
charges for any products or services provided by third parties and accessed through or for use with our Services;
claims against you by third parties;
mistake, omission, interruption, outage, error, failure, delay, defect, or limitation in the provision of Services;
deficiencies or problems with a Device or network coverage (e.g., dropped, blocked, interrupted Services, etc.);
damage, injury, or loss caused by or arising out of your use of the Services, including traffic or other accidents and health-related risks or issues, or our suspension or termination of the Services;
damage, injury, or loss caused by any interruption, failure, or delay in accessing or attempting to access emergency services from a Device or using the Services, including 911 services;
interrupted, failed, or inaccurate location services;
quality, appropriateness, accuracy, or suitability of any content, information, or applications you may access while using the Service;
information or communications that are blocked by a spam filter or that we otherwise restrict or block consistent with this Agreement;
damage, harm, or loss that may result from your communications being intercepted;
unauthorized access to your account caused by your actions or that circumvent our reasonable security measures;
unauthorized access to your Device;
changes in operation, equipment, or technology that cause your Device or software to be rendered obsolete or require modification;
damage to or loss of any information or data stored on your Device or any other equipment you use with the Services (including when we service your Device);
loss or disclosure of sensitive information you transmit when using the Services (including any damage, loss, harm, or disclosure that results from malware);
default, delay, damage, or harm due to factors beyond our control (i.e., force majeure events, as described in Section 8.6; or
unauthorized or disputed charges for our Services that appeared more than 30 days earlier on your online account statement and which you did not properly dispute within 30 days after the charge was posted to your account (no fiduciary or other special relationship exists between you and SmartLess Mobile by virtue of this Agreement or your use of our Devices and Services.

Except in cases of fraud or willful misconduct, to the fullest extent permitted by law, we shall not be liable for any indirect, special, punitive, incidental, exemplary, or consequential losses or damages you or any third party may suffer arising out of or relating to your use of or inability to use your Device or the Services, including loss of business or goodwill, loss of revenue or profits, property damage, or costs for replacing products and services.

To the fullest extent permitted by law, our liability for damages or other monetary relief for any claims you may have against us is strictly limited to no more than the amounts actually paid by you to us for the Service from which the damages or other liability arose in the three (3) months immediately preceding the event giving rise to the claim.

In addition, you and SmartLess Mobile each agree that all claims must be brought within two (2) years of the date the claim arises.

6.3 Indemnification

To the fullest extent permitted by law, you agree to defend, release, indemnify, and hold harmless us and parents, subsidiaries, affiliates and their past, present, and future officers, directors, employees, agents, representatives, partners, licensors, successors, and assigns from and against any and all losses, claims, liabilities, injuries, costs, penalties, damages, settlements, and expenses (including taxes, fees, fines, penalties, interest, expenses, and attorneys’ fees) arising out of or relating to, directly or indirectly, your or any other person’s use of a Device or the Services, whether based in contract or tort (including strict liability) and regardless of the form of action; your acts or omissions, including your breach or violation of this Agreement, our other policies, or any applicable statutes, ordinances, laws or regulations of any federal, state, or local authority; and claims arising in whole or in part from our alleged negligence. If we reasonably determine that a claim might adversely affect us, you will use counsel reasonably satisfactory to us to defend each claim, you will not consent to the entry of a judgment or settle a claim without our prior written consent, and we may take control of the defense at our expense (and without limiting your indemnification obligations). This obligation shall survive termination of your Services with us.

7. Dispute resolution and arbitration

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Most subscriber concerns can be resolved quickly and to the subscriber’s satisfaction by visiting us at our website www.smartlessmobile.com, contacting SmartLess Mobile Customer Service by dialing 611 from your Device, or calling toll-free at 1-888-SMRTLSS (767-8577). In the unlikely event that the Customer Service is unable to resolve a complaint you may have to your satisfaction (or if SmartLess Mobile has not been able to resolve a Dispute it has with you after attempting to do so informally), those Disputes will be resolved through binding arbitration or small claims court as described in this section.

Before initiating an arbitration, you and SmartLess Mobile each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute can be (1) emailed to notices@smartlessmobile.com, (2) submitted by visiting www.smartlessmobile.com, or (3) brought to the attention of Customer Service at 1-888-SMRTLSS (767-8577). SmartLess Mobile will provide a Notice of Dispute to you via the mailing address or email address associated with your SmartLess Mobile account.

You and SmartLess Mobile agree to make good-faith attempts to resolve the dispute prior to commencing arbitration and not to commence an arbitration proceeding until a sixty (60) day post-notice resolution period expires. During that period, you and SmartLess Mobile will participate personally in at least one telephone conversation in a good-faith effort to resolve the dispute. You may have a lawyer participate in the telephone conversation with you. If an agreement cannot be reached within sixty (60) days of receipt of the Notice of Dispute, or such longer period as the parties may agree, you or SmartLess Mobile may commence an arbitration.

Completion of this informal dispute resolution process is a condition precedent to commencing arbitration. You and SmartLess Mobile agree that any applicable statute of limitations and arbitration filing-fee deadlines will be tolled while the parties participate in this informal dispute resolution process. A court of competent jurisdiction may enforce this requirement, including by enjoining the filing or prosecution of an arbitration demand that does not comply with this process.

7.1 Arbitration Agreement

BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AND SMARTLESS MOBILE AGREE TO BE BOUND BY THIS DISPUTE RESOLUTION PROVISION. THERE IS NO RIGHT TO OPT OUT OF THIS DISPUTE RESOLUTION PROVISION.

WE (you and SmartLess Mobile) EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OUR SERVICES, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT.

This includes any claims against other parties relating to Services or Devices provided or billed to you (such as SmartLess Mobile’s suppliers, Dealers, or third-party vendors) whenever you also assert claims against us in the same proceeding. We each also agree that the Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision in Section 7.5).

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).

If the arbitration provision applies, then either you or SmartLess Mobile may start arbitration proceedings. You must send an individual letter signed by you requesting arbitration and describing your claim to SmartLess Mobile’s registered agent (see Section 7.6). This letter must be sent at least five (5) days before you initiate an arbitration proceeding against SmartLess Mobile.

The American Arbitration Association (AAA) will arbitrate all disputes in accordance with its Consumer Arbitration Rules. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration will be heard and determined by a single arbitrator, whose decision will be final and binding on the parties. You and SmartLess Mobile agree that the arbitration proceedings will be confidential, including any pleadings, briefs, documents, testimony, submissions, and awards, except to the extent disclosure is required by applicable law or in judicial proceedings relating to the arbitration. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, validity, applicability, enforceability, or formation of this Arbitration Provision, including any claim that all or any part of this Arbitration Provision is void or voidable.

If you demonstrate that the costs of arbitration would be prohibitive compared with the costs of litigation, SmartLess Mobile will pay such portion of the arbitration administrative costs and arbitrator fees as the arbitrator determines is necessary to prevent the arbitration from being prohibitively expensive. The arbitrator may allocate arbitration costs between the parties in the final award as the arbitrator determines appropriate.

You are still responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.

Unless otherwise required by applicable law, arbitration will take place in New York County, New York.

An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, SmartLess Mobile agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.

Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. This Arbitration Provision shall survive any termination, payoff or transfer of this contract. If any part of this Arbitration Provision, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this Arbitration Provision shall be unenforceable.

7.2 Class action and mass arbitration waiver

WE (YOU AND SMARTLESS MOBILE) EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.

If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, then the arbitration agreement will be void as to you.

If twenty-five (25) or more substantially similar claims are asserted against SmartLess Mobile by the same or coordinated counsel or are otherwise coordinated, those claims will be subject to a staged arbitration process. Counsel for the claimants and SmartLess Mobile will each select ten (10) claims to proceed first as individual arbitration proceedings. The remaining claims will not be filed or deemed filed in arbitration, and no AAA fees will be assessed in connection with those claims, until they are selected to proceed as part of the staged process.

If the remaining claims are not resolved following completion of the initial twenty (20) proceedings, the parties will participate in a global mediation before a retired state or federal court judge, and SmartLess Mobile will pay the mediator’s fee. If claims remain unresolved following mediation, counsel for the claimants and SmartLess Mobile will each select twenty (20) additional claims to proceed as individual arbitration proceedings. If fewer than forty (40) claims remain, all remaining claims may proceed. Claims not selected to proceed will not be filed or deemed filed in arbitration, and no AAA fees will be assessed in connection with those claims, until they are selected as part of the staged process.

If claims remain unresolved after completion of those proceedings, the parties will participate in another global mediation before a retired state or federal court judge, and SmartLess Mobile will pay the mediator’s fee. Any remaining claims will thereafter proceed in staged groups of up to one hundred (100) claims at a time, selected randomly or by the AAA, until all claims are resolved.

A single arbitrator will preside over each individual proceeding, and only one claim may be assigned to each arbitrator as part of the staged process unless the parties agree otherwise. Any applicable statute of limitations and arbitration filing-fee deadlines for claims subject to this staged process will be tolled until the applicable claim is selected to proceed, withdrawn, settled, or otherwise resolved. A court of competent jurisdiction may enforce this staged process and, where appropriate, enjoin the filing or prosecution of arbitration demands that do not comply with it.

7.3 Jury trial waiver

IF FOR ANY REASON THIS ARBITRATION PROVISION IS FOUND TO BE UNENFORCEABLE, OR IF EITHER YOU OR SMARTLESS MOBILE CHOOSE TO SEEK REMEDIES IN SMALL CLAIMS COURT AS DESCRIBED HEREIN, YOU AND SMARTLESS MOBILE EXPRESSLY AND KNOWINGLY WAIVE THE RIGHT TO TRIAL BY JURY. THAT MEANS A JUDGE RATHER THAN A JURY WILL DECIDE DISPUTES BETWEEN YOU AND SMARTLESS MOBILE.

7.4 Small claims

You and SmartLess Mobile retain the right to seek remedies in small claims court for disputes or claims within that court's jurisdiction, unless such action is transferred, removed or appealed to a different court.

Notwithstanding the foregoing, you maintain your right to file a complaint with the FCC, your state’s Public Service Commission, or any other federal or state government that may, if permitted by law, seek relief against us on your behalf.

7.5 Governing law, venue and jurisdiction, and court proceedings

Except to the extent pre-empted by or inconsistent with applicable federal law and as otherwise described herein, this Agreement is governed by the laws of the state associated with the billing address on your SmartLess Mobile account, without regard to choice of law principles or conflicts of laws rules. Unless otherwise required by applicable law, any arbitration or court proceeding will take place in New York County, New York.

For any claim that proceeds in court rather than in arbitration, we each waive our right to a jury trial and any claims for punitive or exemplary damages.

Unless otherwise specified herein, any Disputes of a legal nature, whether a claim, complaint, arbitration demand, or otherwise that is not subject to the mandatory arbitration provision, shall be subject to the exclusive jurisdiction of the federal or state courts located in New York County, New York.

7.6 Right to object to your bill

For Puerto Rico Customers Only. By disposition of Laws 213 of 1996 and Law 33 of 1985, any customer has the right to file a claim with a telecommunications company about all or part of their bill. You will have up to twenty (20) days from our sending the invoice, to pay or object to the charges contained in it. First, you must object and/or request an investigation into your bill with SmartLess Mobile by calling 1-888-SMRTLSS (767-8577) or by writing to notices@smartlessmobile.com. If you are not satisfied with the determination of SmartLess Mobile, upon your objection, you will have a term of up to twenty (20) days to request a reconsideration of the determination. If you do not make the payment or have not objected to your invoice within the term of thirty (30) days; SmartLess Mobile may start with its internal procedure to disconnect the Service for lack of payment. The objection of a charge does not relieve you of the payment of the charges not objected to.

Puerto Rico Telecommunications Bureau (NET) If you do not agree with the determination or the result of the company's investigation, or if the company failed to comply with any of the terms provided by law/regulation, it may file a review before the Telecommunications Bureau within a term of up to thirty (30) days from the final determination of the company. To request a NET review, you can do so (1) by accessing the NET website at https://www.net.jrsp.pr.gov/querellas (2) by calling 787-756-0804 or 787 -722-8606, (3) by sending an email to: querellas@jrtpr.pr.gov, (4) sending a letter to: Complaints Division, NET, 500 Ave. Roberto H. Todd, Santurce, PR 00907-3941 or (5) visiting the NET offices located at 500 Ave. Roberto H. Todd in Santurce, PR.

Independent Office of Consumer Protection Agency (OIPC). OIPC educates, guides, assists and represents the consumers of the telecommunication services in Puerto Rico. If you have any situation with telecommunications provider, you can contact the OIPC at 787-523-6292, or by writing to the OIPC, 500 Ave. Roberto H. Todd, San Juan, PR 00907-3941, by email at info@oipc.pr.gov or by visiting the OIPC offices located at 268 Ave. Munoz Rivera, Suite 702, Edif. World Plaza, San Juan, PR 00918-1925, from Tuesday to Friday from 7:30 a.m. to 4:00 p.m.

7.7 Registered agent information

SmartLess Mobile’s Registered Agent Contact Information:

Paracorp Incorporated

2804 Gateway Oaks Drive

Ste. 100

Sacramento, CA 95833-4346

8. Miscellaneous

8.1 Consent to receive communications

We may occasionally need to communicate with you about your Services. We may do so without your consent in certain instances, for example in emergency situations or for service-related communications where you are not charged for the message. In addition, you have a right, and we have a duty, under federal law, to protect the confidentiality of CPNI. You hereby provide consent for us or our authorized agents or representatives to use your CPNI to market communications-related services to you. You may restrict our right to use CPNI for marketing purposes at any time by making changes in the privacy center of your account. Denial of approval will not affect the provision of the Services we provide to you. Any approval, or denial of approval for the use of CPNI outside of the Service to which you already subscribe is valid until you affirmatively revoke or limit such approval or denial.

Further, you provide consent for us or our authorized agents or representatives to contact you using live, automated, or prerecorded messages (including artificial voice technologies) to any landline, wireless, or facsimile telephone number, including via text messages to your phone. We may contact you for Service-related, informational or marketing purposes via these methods. You also provide consent to contact you, regardless of whether your number is listed on the Do-Not-Call Registry or a state equivalent registry. Consent to such contacts is not a condition of service and may be revoked at any time.

Finally, you provide consent for us to contact you for any reason, including for marketing purposes, via the email address we assign you or you provide in connection with your Service.

You agree that we also have the consent to contact any authorized user on your account for Service or payment-related reasons via any of the methods described above. Some of these communications may result in charges to you. Your consent to be contacted via any of the methods described above may be revoked at any time by any reasonable means. Please review our Privacy Policy, at www.smartlessmobile.com/privacy-policy, for additional information about how you may revoke consent to receive communications.

8.2 Modifications to this agreement

We may, at any time and in our sole discretion, modify any part of this Agreement, our rates, fees and charges, our Service plans, features, products, technologies, coverage areas, Underlying Carrier, provisioning technology, or any other terms applicable to the Services.

You agree to be bound by any modification on the earlier of the date we post the modification on our website or the date we provide notice to you electronically or otherwise. If we change the Service fee applicable to your Service plan or make a material change to your Services, you will have five (5) days from the date we notify you of the change to terminate your Service plan. If you do not terminate your Service plan within that five (5) day period, you will be deemed to have accepted the modification.

Changes to taxes, regulatory fees, governmental assessments, or similar charges will not constitute an increase in your Service fee for purposes of the foregoing cancellation right.

8.3 Notices

We or our authorized agents may use any of the following methods to provide you with notices: correspondence to any physical address or e-mail addresses you have provided us; live or prerecorded calls, voice messages, or text messages delivered to your Device or any other phone number you have provided us; prerecorded messages when you attempt to place a call; in-app messages or push notifications; posting on our website; or by any other means we deem practicable. You are responsible for updating your contact information with us when it changes. Notices are treated as delivered when you accept a call; when delivered to a voicemail service associated with your Service or an alternate telephone number you have provided to us, text messaging service, email address you have provided to us, or Device; when posted on our website or in an application; and three (3) days after mailed to your last known billing address. Except as otherwise provided in this agreement, you must provide us notice by calling or sending correspondence to us using the contact information provided in Section 9.

8.4 No third-party beneficiaries

This Agreement is solely for the benefit of you, us, and our parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. No provision of this Agreement shall be deemed to confer on any third parties any remedy, claim, liability, reimbursement, cause of action, or other right or benefit.

8.5 Assignment

You may not transfer or assign this Agreement or any of your rights or obligations under it, by operation of law or otherwise, without our prior written consent. We may transfer or assign all or part of this Agreement, or your debts to us, without notice. Upon our transfer or assignment of this Agreement, we shall be released from all liability with respect to this Agreement.

8.6 Force majeure

Neither party shall be liable for any default or delay in the performance of its obligations hereunder (excluding any payment obligations) if and to the extent that such default or delay arises out of causes beyond their reasonable control, including, without limitation, acts of God, including weather-related phenomenon, earthquakes, and floods; fires; acts of war or terrorism; civil disorders, including riots, rebellions, and insurrections; labor disputes, including strikes, lockouts, and work stoppages; medical emergencies, including pandemics and quarantine restrictions; network problems, including cable cuts, power outages, network failures, and computers viruses; and any other catastrophes, national emergencies, or government orders or acts. The time for any performance required hereunder shall be extended by the delay incurred as a result of such force majeure event, and if either party is unable to perform as a result of such event, it shall act with diligence to correct or mitigate such event.

8.7 Enforcement and waiver

We have the right, but not the obligation to, monitor, investigate, restrict, enforce, bring civil litigation, press charges, or engage in any other self-help regarding any actual, attempted, or suspected violation of this Agreement. We will determine, in our sole discretion, whether you violated or attempted to violate any of the provisions of this Agreement, including the Acceptable Use Policy. If we determine or suspect that you violated or attempted to violate this Agreement, we may terminate, suspend, modify, or limit your Services, as described in Section 5. Additionally, we may report actual or suspected criminal offences to appropriate law enforcement authorities. We will cooperate with law enforcement investigations where criminal activity is suspected, and you agree to cooperate with any such investigations. Any waiver of or failure to enforce any provision or prohibition in this Agreement in one instance shall not be construed as a waiver of any provision or right in another instance.

8.8 Survivability

Any rights, obligations, commitments, or provisions in this Agreement that, by their nature or context, are intended to or would logically continue to apply following termination of Services or of this Agreement survive termination of the Services and this Agreement, including, but not limited to, those relating to complaints, payment obligations, restrictions on the use of Devices, 911 and emergency communications, limitation of liability, and dispute resolution (including no class action and no jury trial).

8.9 Severability

If any part or provision of this Agreement, including any part of its arbitration clause or Acceptable Use Policy, is deemed unlawful, void, or for any reason unenforceable by a court or agency of competent jurisdiction, that part shall be interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties or shall be severed from this Agreement in that jurisdiction if required and the remaining provisions of the Agreement shall remain in full force and effect.

8.10 Headings

Section headings are for descriptive, non-interpretive purposes only.

8.11 Language

The original version of this Agreement is in the English language. Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version.

8.12 Integration

This Agreement and any other policies, documents, or agreements incorporated by reference herein or therein represent the complete agreement between you and us. It supersedes any and all prior or other agreements, arrangements, representations, contracts, warranties, advertising, statements, offers, guarantees, assurances, and understandings relating to the subject matter of this Agreement, whether written or oral, including any other documents or statements by any sales representative, service representative, or other agent.

9. Customer service 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: 7 AM - 5 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.

10. Appendix A - ILD consumer agreement

Introduction

This ILD Consumer Agreement ("Agreement") sets forth the terms and conditions that apply to Your purchase of Services from NetworkIP, LLC dba Elite Telecom through SmartLess Mobile. 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 or have any questions about the Agreement, do not purchase or use our products without contacting Customer Service at 1-(888) 767-8577.

Definitions

"Account" refers to usage within a billing cycle for a predetermined set of international destinations purchased through SmartLess Mobile, provisioned to call a predetermined set of international destinations either purchased or bundled with other services, through a Marketing Agent for a credit limit or unlimited basis, allowing You to use the Service.

“Elite Telecom," "We," "Our," and "Us" means NetworkIP, LLC (d.b.a. Elite Telecom)

“Marketing Agents” means SmartLess Mobile, 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 You 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 www.smartlessmobile.com or such other location as designated by SmartLess Mobile 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 calling toll free at 1-(888) 767-8577. This Agreement incorporates by reference the Service’s prices, charges, restrictions and the terms and conditions for using the Service and/or owning an Account, as well as any disclosures, provisions, limitations or other information provided with, or printed on any promotional materials associated with the Service.

International Calling Features

Unlimited and Capped minute Service offerings

Add-on, Top-up or included Bundled Service offerings provisioned to Your Account, may include Capped or Unlimited Minutes to specific international destinations.

If Your Service offering includes Capped Minute destinations, You will receive monthly credits that will be debited based on the number of minutes You consume to specific destinations. . Your credit for Capped Minute destinations can be consumed calling a single destination or pooled/shared with calls to multiple destinations. The system will prompt you with the available or remaining minutes that can be consumed on each destination attempted. Please note that Your available credit and minutes are renewed at the start of each billing cycle for Bundled and Add-on Services. All calls for Capped Minute Service offerings are billed in one-minute increments.

If Your Service offering includes Unlimited Minutes, it is provided solely for live dialogue between, and initiated by, two individuals for personal use and not for commercial use or resale. UNLIMITED DOES NOT MEAN UNREASONABLE USE. To minimize unreasonable use, each Account with Unlimited Minutes provisioned will be allowed to call up to 20 unique destination numbers per billing cycle which expire 30 days after initial funding or last renewal. The number of personal use calls to these unique destination numbers is not limited and automatically resets when the Your Account is renewed. The Unlimited Minutes destinations being called does not consume any credit values provided with the Service, unless the unique destination number limit is exceeded and Top-up Service is purchased.

If Top-up Service is purchased a separate credit value is added and expires 180 days after last use or 30 days after Your Account suspension. This separate credit value is only consumed if Your monthly credit has been exhausted or the limit on unique destination number is exceeded for Unlimited Minutes. There are no additional fees or surcharges associated with the Services. You may review a list of destinations and their respective minute limits here [link]. The terms and conditions of the Service, including the minutes and/or available destinations in conjunction with the use of the Service are subject to change at any time without prior notice.

You may contact Customer Care at 1-(888) 767-8577 if You have any questions about the Services, including the international calling, available minutes or available destinations associated with the Services.

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 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 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 be used for personal telecommunications voice services and 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 Service with no prior notice and not allow You to reactivate the Service.

Elite Telecom and its Marketing Agents 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 You in the event You use the Service for any unlawful purpose.

Restrictions on use; intellectual property

All of Elite Telecom and Marketing Agents’ trademarks, service marks, symbols, logos, other identifying indicia and the intellectual property rights thereto (collectively “Marks”) are the property of Elite Telecom or its Marketing Agents 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 neither Elite Telecom nor its Marketing Agents shall be responsible for any third party claims against Elite Telecom, Marketing Agents and/or You that arise from Your use of the Service or Your Account. Further, You agree to reimburse Elite Telecom and or Marketing Agents 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 Marketing Agents’ 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, Marketing Agents, 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 limitation of incidental or consequential damages, 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 Marketing Agents, 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 no permit the exclusion of certain warranties, these exclusions may not apply to You.

Miscellaneous

Emergency calls

Elite Telecom’s Service is not a replacement for Your cellular service and You will not be able to make emergency calls (e.g. 911) using it. If You do attempt to make an emergency call while using Our Service, the application will close and the call will be attempted using Your phone’s native dialer over any available cellular network. Our Service does 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 nor Elite Telecom nor Marketing Agents will be responsible or liable to the other for any failure to perform duties under this Agreement where that failure is due to an act outside the reasonable control of You, Elite Telecom, or any Marketing Agent (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 Service. 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 the Service, letter, or a call to a telephone number provided by You.

You may contact us by calling 1-(888) 767-8577.

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 Service.

Entire agreement

This Agreement (which incorporates by reference the Website Terms of Use) constitutes the entire agreement between You and Elite Telecom 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 through its Marketing Agents 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 also request a copy of the revised Agreement by calling Customer Service toll free at 1-(888) 767-8577.

Effective: October 5, 2026