Your Phonico service is provided by Phonico, LLC, including its affiliates, assigns and agents (“Phonico
Mobile,” “Phonico,” “we,” “us” or “our”). These Terms and Conditions (“T&Cs”) are part of your
service agreement with Phonico and constitute a contract under which we provide you Service under terms
and conditions that you accept. Your service agreement (“Agreement”) with us includes (i) these T&Cs,
(ii) our website Terms of Use located at phonico.com/site-terms-of-use, (iii) our Privacy Policy
located at phonico.com/privacy-policy, (iv) our Acceptable Use Policy located
at phonico.com/acceptable-use-policy, (v) our Mobile Application End User
License Agreement, at https://phonico.com/app-end-user-license-agreement,
(vi) any subscriber agreement or transaction materials that you sign or accept, (vii) the service plan(s)
that you choose as set forth in our written services and transaction materials that we provide or refer you
to during the sales transaction (if your service plan is not specifically set forth in any printed
materials, the requirements and terms set forth in the current written services and transaction materials
apply, excluding plan charges and number of minutes included in your service plan), (viii) any confirmation
materials that we may provide to you, (ix) the terms set forth in any applicable coverage map brochures, and
(x) any other supplemental terms and conditions that we provide or otherwise make available to you. In the
event of a conflict between these T&Cs and any other materials that makeup the Agreement, these T&Cs
shall govern to the extent necessary to resolve the conflict.
Please read these T&Cs carefully.They cover important information
about our services provided to y
“SIM Kit”), data card, or other equipment or third party device used with our Service
(“Device”); and any access and usage charges, taxes, fees, assessments, and other charges we bill you or
that were accepted or processed through your Device (“Charges”). These T&Cs include
terms regarding service plan changes and late payments, limitations of liability, privacy and
resolution of disputes by arbitration instead of in court.
You and any authorized users on your account will have access to account information and may be able to make
changes to the account. If you give your personal account validation information to someone,
they can access and make changes to your account. Those changes will be binding on you.
Authorized changes may require your agreement to new T&Cs.
Acceptance. YOUR AGREEMENT WITH Phonico STARTS WHEN YOU
ACCEPT. You represent that you are at least the age of majority in your
state of residence (twenty-one (21) years old or legally emancipated if you are a Puerto Rico customer)
and you are legally authorized to enter into this Agreement. You accept your Agreement by doing any of
the following: (a) giving us a written or electronic signature, or telling us orally that you accept;
(b) activating Service; (c) using your Service after you make a change or addition; or (d) paying for
the Service or a “Phonico Device” (a Device purchased from Phonico, a Phonico dealer, or
other Phonico authorized retailer (“Dealer”) for use with the Phonico
Service).IF YOU DO NOT WANT TO ACCEPT, DO NOT DO ANY OF THESE
THINGS.
Dispute Resolution and Arbitration. Phonico AND YOU AGREE THAT, EXCEPT AS PROVIDED BELOW
(AND EXCEPT AS TO PUERTO RICO CUSTOMERS), ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR
CONCERNING THE AGREEMENT, OUR SERVICE, MARKETING PRACTICES, DEVICES OR PRODUCTS, WILL BE RESOLVED BY
BINDING ARBITRATION ON AN INDIVIDUAL, NON-REPRESENTATIVE, BASIS. This binding dispute
resolution and arbitration process (the “ADR Process”) shall also apply to any claims against other
parties relating to Service or Devices provided or billed to you (such as our suppliers, Dealers or
third-party vendors) whenever you also assert claims against us in the same proceeding. This also
includes any claims brought after your service agreement with Phonico terminates. The ADR Process
shall survive the termination of this Agreement. For the avoidance of doubt, the above phrase “any and
all claims or disputes” includes any claims under the Telephone Consumer Protection Act, which are also
subject to this ADR Process. As provided in Section 22 below, the Parties expressly agree that the
arbitration provisions, as embodied in this ADR Process, shall be governed by federal law, including the
Federal Arbitration Act and federal case law interpreting the Federal Arbitration Act. For purposes of
enforcing any arbitration award, Phonico and you agree that the exclusive venue shall be United
States District Court, Central District of California (the “Federal Court”), in the first instance, and
in the Superior Court for the State of California, County of Orange, in the event the Federal Court does
not have subject matter jurisdiction or diversity jurisdiction. Notwithstanding the foregoing, please be
advised this Agreement affects interstate commerce, such that federal law would preempt state law. To
the extent allowed by law, you agree to waive any argument that this Agreement does not affect
interstate commerce.
WAIVER OF JURY TRIAL. BY AGREEING TO ARBITRATE ALL
DISPUTES, Phonico AND YOU ARE BOTH WAIVING ANY STATUTORY AND CONSTITUTIONAL RIGHTS TO A JURY TRIAL.
TO THE EXTENT ALLOWED BY LAW AND TO THE EXTENT THE ADR PROCESS AND THIS ARBITRATION AGREEMENT IS FOUND
TO BE UNENFORCEABLE, Phonico AND YOU WAIVE STATUTORY AND CONSTITUTIONAL RIGHTS TO A JURY TRIAL.
PLEASE BE ADVISED THAT 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.
Prearbitration Dispute Resolution. Before initiating any arbitration against Phonico, you must comply with this provision unless you have a Puerto Rico address. For all disputes
(except for Puerto Rico customers), you must first give us an opportunity to resolve your claim by
calling our customer service department at (484)746-6426 and providing a written description and
supporting documentation of your claim, if requested by the Phonico care agent. Phonico and you
each agree to negotiate your claim in good faith. If Phonico and you are unable to resolve the claim
within sixty (60) days after Phonico receives your claim description and supporting documentation,
you may pursue your claim in arbitration.
Small claims option. As an alternative to arbitration,
Phonico may choose to resolve payment disputes in small claims court in the county of your most
recent billing address. Phonico and you agree that if you fail to timely pay amounts due, Phonico may assign your account for collection, and the collection agency may pursue, in small claims
court, claims limited strictly to the collection of the past due amounts and any interest or cost of
collection permitted by applicable law or the Agreement.
Either you or we may start arbitration
proceedings following the above described 60-day period. You may submit a demand for arbitration
using one of the following arbitration services through their Orange County, California office: (1) ADR
Services, Orange County, California and (2) Judicate West, Orange County, California. However, in all
cases, you must serve all necessary paperwork through our registered agent pursuant to Section 12.4 of
these T&Cs.
You and Phonico agree that the following rules will apply (the “Arbitration
Rules”), depending on which arbitration service provider you select: (1) if ADR Services, the
Arbitration Rules then in effect with the ADR Services (available
at https://www.adrservices.com/services-2/arbitration-rules/) or (2) if Judicate West, the
“Commercial Arbitration Rules” (available at https://www.judicatewest.com/Services/arbitration). lf for
any reason the arbitration service provider you select declines to administer the Claim, you must submit
your claim to the remaining arbitration service provider. If both ADR Services and Judicate West decline
to administer the Claim, then you or Phonico may file a petition in Federal Court for the
appointment of an arbitrator pursuant to 9 U.S.C. Section 5. Phonico and you agree to arbitration
before a single arbitrator (the “Arbitrator”). The Arbitrator must be a retired judge or appellate
justice, but otherwise will be selected pursuant to the applicable Arbitration Rules. Notwithstanding
anything to the contrary in Section 22 or any state’s conflict of laws rules, in order to ensure the
availability of witnesses, the Arbitrator will sit in Orange County, California, where Phonico is
headquartered, unless your billing address is in Puerto Rico, in which case the Arbitrator will sit in
Puerto Rico. If you live outside of Orange County, California, the Arbitrator shall permit you to fully
participate in the arbitration hearing by videoconference, and the Arbitrator shall have discretion to
allow any party to fully participate in the hearing by videoconference upon request. The purpose of this
provision is to ensure that the ADR Process is more accessible than a court trial and that you are not
dissuaded from bringing a legitimate claim because you need to personally attend court proceedings. In
all cases, the Arbitration Rules shall apply, except as modified by the Agreement. Notwithstanding
anything to the contrary in the Arbitration Rules, Phonico voluntarily agrees to the following: if
the dispute involves less than $75,000.00, and you agree to limit your maximum recovery to $75,000.00,
you may elect to have Phonico pay for the costs invoiced by the selected arbitration provider
(“Arbitration Costs”). To the extent otherwise required by applicable law, the Arbitration Rules, or as
required of Phonico to enforce the ADR Process, Phonico will pay for or reimburse Arbitration
Costs. Otherwise, Phonico and you will equally share the payment of Arbitration Costs. The term
Arbitration Costs does not include attorney’s fees incurred by you or Phonico. 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. Puerto Rico customers: Refer to Section 11 for
details of the Puerto Rico Telecommunications Dispute Procedure.
Discovery: Notwithstanding
anything to the contrary in the Arbitration Rules, to the extent permitted by applicable law, you and
Phonico agree that discovery shall be limited to one deposition per side and ten requests for
production of documents and materials, including any electronically stored information, reasonably
tailored to the issues in the case, given the Arbitrator’s discretion to limit the production of
electronically stored information or shift the cost to the party seeking the production of
electronically stored information, depending on the circumstances presented to the Arbitrator. The
purpose of this provision is to ensure that the arbitration process is more affordable than an action in
Court and that you are not dissuaded from bringing a legitimate claim based on the broader range of
discovery permitted in a court action. Notwithstanding the foregoing, the Arbitrator will have
discretion, upon a showing of good cause and necessity to ensure a fair hearing on the merits, to expand
the limits of discovery to include additional depositions, additional document requests, or expanded to
include written interrogatories in lieu of additional depositions.
CLASS ACTION WAIVER. Phonico AND YOU
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. Neither you, nor any other customer, can be a class representative, class member,
or otherwise participate in a class, consolidated, or representative proceeding against Phonico.
Refunds; Cancellation or Termination of Service Plans. 3.1
General. Subject to our Refund Policy as described below, you may cancel or we may terminate (in
accordance with these T&Cs 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 and our Refund Policy, you
will not receive any refund of amounts paid to us in connection with any such Service plan whether
cancelled by you or terminated by us.
3.2 Plan Refund Policy. You may request a refund and cancel
your new Phonico service activation for any reason within seven (7) calendar days of activation, and
we will refund the full purchase price and any associated taxes and fees, as long as you: (i) have
purchased a Phonico plan on phonico.com; and (ii) complete our refund request form located
at phonico.com/return-policy to cancel your new service
activation (collectively, the “7-day money back guarantee” or “7-day risk-free trial”). For plans
purchased through Phonico’s official amazon.com page, refund requests must be made through Amazon.
You are not required to physically return the SIM kit in order to cancel your new service activation.
Refunds will be processed within ten (10) business days after you contact us. We will not refund any
funds loaded into your account, including any unused data or international roaming. You are not eligible
to request a refund for a new Phonico service activation or SIM kit when forty-five (45) calendar
days have passed since the date of purchase (“45-day refund exclusion”). SIM kits that are subject to
the 45-day refund exclusion and that are not subsequently activated will automatically become inactive
after three (3) years following the date of purchase. For avoidance of any doubt, this Refund Policy
does not apply to any other purchase of Phonico products or services, including but not limited to
any Phonico plan purchased from a national retail partner’s store or any other store or
website.
For our Refund Policy for the Phonico Trial Plan offer, including the Phonico
7-Day Trial Kit and Phonico See For Yourself Kit, see the below section, “Trial Plan Terms and
Conditions.” For our Device, SIM Kit, and Accessory Return Policies, see below Section 15.
3.3
Activation period. All service plans, including promotional plans and Trial Plans, must be activated
within 45 days following the date of purchase. We reserve the right to suspend or terminate any plan or
service that is not activated within 45 days following the date of purchase.
Our Rights to Make Changes. This provision is subject to
requirements and limitations imposed by applicable law and will not be enforced to the extent prohibited
by law. Your Service is subject to our business policies, practices, and procedures, which we can change
without notice.WE RESERVE THE RIGHT TO CHANGE OR MODIFY THESE T&Cs, OUR
SERVICES, DISCOUNTS, TECHNOLOGIES (INCLUDING CHANGES TO OUR NETWORK THAT MAY IMPACT YOUR
DEVICE’S COMPATIBILITY), COVERAGE, OR ANY OTHER TERMS IN THE AGREEMENT AT ANY TIME AND YOU AGREE
TO BE BOUND BY ALL SUCH CHANGES OR MODIFICATIONS ON THE EARLIER OF WHEN WE (i) POST THEM ON THE
Phonico WEBSITE, OR (ii) SEND THEM TO YOU (ELECTRONICALLY OR OTHERWISE). BECAUSE THESE
T&Cs ARE SUBJECT TO CHANGE AT ANY TIME, YOU SHOULD ALWAYS CHECK THE Phonico WEBSITE FOR
THE MOST CURRENT VERSION. IF WE CHANGE THE SERVICE FEE APPLICABLE TO YOUR SERVICE PLAN, YOU WILL
HAVE 5 DAYS FROM THE DATE WE POST OR NOTIFY YOU OF THE REVISED SERVICE FEE TO TERMINATE YOUR
SERVICE PLAN BY (i) CONTACTING OUR CUSTOMER SERVICE DEPARTMENT AT (800) 683-7392, OR (ii)
MANAGING YOUR ACCOUNT PREFERENCES ON THE Phonico WEBSITE. IF YOU FAIL TO CANCEL YOUR SERVICE
PLAN WITHIN THE 5 DAY PERIOD, YOU WILL BE DEEMED TO HAVE ACCEPTED THE RATE INCREASE. ANY
INCREASE IN TAXES, REGULATORY FEES OR ASSESSMENTS WILL NOT BE CONSIDERED AN INCREASE IN ANY
SERVICE FEE AND WILL NOT ENTITLE YOU TO EXERCISE THE FOREGOING CANCELLATION RIGHT. WE ARE NOT
LIABLE TO YOU FOR CHANGES IN OPERATION, EQUIPMENT, OR TECHNOLOGY (INCLUDING THE NETWORK) THAT
CAUSE YOUR DEVICE TO BE RENDERED OBSOLETE OR REQUIRE MODIFICATION.
Compatible Devices. You must use a supported, compatible Device
to access the Phonico Service via the Phonico network. Only certain phones and tablet computers are
supported Devices. Phonico 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 will result in immediate termination of your Service.
Service Availability.Coverage maps only approximate our
anticipated wireless coverage area outdoors; actual Service area, coverage and quality may vary and
change without notice depending on a variety of factors including network capacity, terrain and weather.
Outages and interruptions in Service may occur, and speed of Service varies. You agree we are not liable
for problems relating to Service availability or quality.
Important Emergency and 9-1-1 Information and Emergency
Alerts.When making a 9-1-1 call, always state
the nature of your emergency and provide both your location and phone number, as the operator may not
automatically receive this information. Phonico is not responsible for failures
to connect or complete 9-1-1 calls for any reason whatsoever, including without limitation if
inaccurate location information is provided. 9-1-1 service may not be available or reliable and
your ability to receive emergency services may be impeded. We or our
network supplier may use a variety of information and methods to determine the location of a 9-1-1 call,
including Global Positioning Satellites, our network supplier’s wireless network, the street address you
have provided us as your primary use location (“Primary Address”), or other information. Even with this
information, an emergency operator may not be able to locate you in order to provide emergency services.
Other third party entities are involved in connecting a 9-1-1 call and neither Phonico nor its
network supplier determines the public safety agency to which your 9-1-1 call is routed. If you are
porting a phone number to or from us, we may not be able to provide you with some Services, such as
9-1-1 location services, while the port is being implemented. If you are porting a phone number to us,
it is your obligation and responsibility to make certain that all information forwarded from the port
out carrier is accurate and complete. If you dial 9-1-1 while outside the U.S., 9-1-1 services may not
be available. For important information concerning your limited ability to access 9-1-1 emergency
services when connected to Wi-Fi Calling on a compatible Device, including your obligation to provide us
with your most recent physical location (your “Registered Location”) whenever using the Wi-Fi Calling
feature, please refer to Section 8.8 (Wi-Fi Features) of these T&Cs, as well as the 911 & E911
Disclosure posted on the Phonico website phonico.com/911-disclosure, and incorporated
into Section 8.8 of these T&Cs by reference.
Service Plans. 8.1 General. Your Service will
operate only after you have purchased and redeemed a Phonico Service plan. We may offer plans that
can only be activated through the Phonico application including, but not limited to, our 7-Day Trial
Kit and/or our See for Yourself Kit (each, a “Trial Plan”). Trial Plan access to the Phonico service
will cease according to the specific terms of your Trial Plan. Trial Plans are not renewable and you
must become a paid subscriber to the Phonico service in order to continue your access to the Phonico service. For certain Trial Plans, you may only be able to transfer your mobile phone number from
your existing carrier when you purchase a standard Phonico service plan; for these Trial Plans you
will instead be assigned a temporary mobile phone number. Upon converting a Trial Plan to a standard
Phonico service plan, you may choose either to keep the temporary mobile phone number or to transfer
your mobile phone number from your existing carrier. Visit our website located at phonico.com for
specific details. If you have activated any Trial Plan, you will not be able to transfer the temporary
phone number associated with that Trial Plan to a new carrier unless you convert your Trial Plan to a
three, six, or twelve month plan. For all other Phonico service plans, airtime expiration is subject
to the terms of your plan. Your account may be canceled for any violation of these T&Cs or the
Acceptable Use Policy, or if the following occurs: (1) your airtime has expired (e.g., after 90 days on
any 3-month plan) without a successful renewal payment, which places you in suspended status, and (2)
you have not successfully paid for any plan renewal for 60 days or more while in suspended status. Upon
cancellation for any reason, we may reassign the phone number associated with your account, and you may
be unable to transfer that number to a different carrier. To ensure uninterrupted service, you are
required to renew your account before your airtime expires. Please visit our website located at
phonico.com for the latest information regarding our Service plans and Trial
Plans.
8.2 Charges. You agree to pay all charges we bill you or that
were accepted or processed through your Device. All Phonico Service plans are measured on
30-day monthly cycles (including for purposes of determining your data usage levels, as described below
in Section 8.6), except that 12-month plans may be measured on 30-day and/or 31-day cycles, for a
maximum of 365 days total. We may offer you the opportunity to set up automatic payments through the
method of payment on your account, which payments will be automatically charged at the end of your
applicable payment cycle (“Auto Renew”). When you enroll in Auto Renew, automatic payments for plan fees
that you incur will continue until you cancel. The recurring charge may vary if you change your plan or
we change our prices, following notice to you. You may cancel Auto Renew or review your payment
preferences at any time by (i) contacting our customer service department at (800) 683-7392, or (iii)
managing your account preferences on the Phonico website. You must change your Auto Renew
preferences or cancel 24 hours prior to the end of your payment cycle in order for the change to go into
effect. No minimum purchase is necessary to enroll in Auto Renew. For disputed charges, see Section 11.
You agree to provide us with accurate and complete payment information and to immediately report to us
all changes to your payment information.
8.3 Voice Usage. Phonico 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 network supplier 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.
8.4 Data Usage and Messaging. Phonico Service
plans include a data plan (“Data Plan”) as part of your Service. Data usage is rounded up to the next
full-kilobyte increment at the end of each data session. 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. We use 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 Phonico Service plan (both data that comes with a particular Phonico Service
plan and any additional data you purchase as an add-on), will expire immediately upon termination of
your Phonico Service plan for any reason.
8.5 Permissible and Prohibited Uses.
Your Data Plan is intended for Web browsing, messaging, and similar activities on your Device and not on
any other equipment. Other uses, including for example, using your Device as a modem or tethering your
Device to a personal computer or other hardware, may be permitted under your Data Plan, but are also
subject to our Acceptable Use Policy located at phonico.com/acceptable-use-policy. Examples of prohibited uses can
be found in Section 14 of these T&Cs and in our Acceptable Use Policy.
8.6 Data Usage
Level. Phonico has set a monthly (30-day or 31-day, depending on the plan
purchased; see above Section 8.2 for explanation of monthly cycles) 5G and/or 4G LTE data usage level
(“Usage Level”) for each of the Phonico Service plans. 5G and/or 4G LTE access requires a capable
device and SIM within an appropriate coverage area. Actual availability, speed, and coverage may vary.
Data for personal use in U.S. only. Our network supplier measures your upload and download data usage
(“Actual Usage”) to determine if your total Actual Usage, as aggregated over the applicable 30-day or
31-day period (“Usage Total”), exceeds the 30-day or 31-day Usage Level for the Service plan you
selected, at which point you may be unable to send and receive data (which may prevent you from sending
or receiving MMS messages) over the Phonico network until the end of the applicable 30-day or 31-day
period, except to the extent you purchase a data add-on. Partial megabytes are rounded up. Please note
that “Actual Usage” includes all of your requests to upload or download data, whether or not such data
is actually uploaded or downloaded, as well as network overhead. For example, if you request that an
image be downloaded to your Device or your Mobile HotSpot (tethering), but travel outside of your
network coverage area before the download is complete, such request will be included in your Actual
Usage even though the image was never downloaded. The amount of high-speed data available for Mobile
HotSpot (tethering) available for any 30-day or 31-day Service period is limited to 5GB for Unlimited
plan. If you purchased an Unlimited Service plan and you exceed your Service plan’s 30-day or 31-day
Usage Level of 35GB of 5G and/or 4G LTE data, Phonico or its network supplier will reduce the speed
at which you can send and receive data over the Phonico network until the end of the applicable
30-day or 31-day period, except to the extent you purchase a data add-on. Certain data-intensive
activities including but not limited to online gaming, file downloads/uploads, and video streaming, may
be limited and/or inaccessible on network after data is reduced after 35GB on Unlimited Service plans.
For all Service plans, Phonico’s network supplier may also reduce speeds during times of network
congestion. Once you begin a new 30-day or 31-day period in your Service plan, your Service plan
Usage Level will be reset and your upload and download speeds will be restored, subject to all
limitations listed in these T&Cs (including, but not limited to, to the Data Usage Level limitations
listed herein, 5G and/or 4G LTE network availability, a capable device and SIM within an appropriate
coverage area, and the actual network speeds of Phonico’s network supplier). Please be aware that
your Usage Level is much more likely to exceed your Service plan’s 30-day or 31-day Usage Level if you
use streaming video and/or a Mobile HotSpot (tethering), if you download significant quantities of music
files, movies, and/or software applications, and/or if you engage in other high-bandwidth
activities.
8.7 Protective Measures. To provide a good experience for the
majority of our customers and minimize capacity issues and degradation in network performance, we or our
network supplier may take measures including temporarily reducing data throughput for a subset of
customers who use a disproportionate amount of bandwidth. If you use your Data Plan in a manner that
could interfere with other customers’ service, affect our ability to allocate network capacity among
customers, or degrade service quality for other customers, we or our network supplier may suspend,
terminate, or restrict your data session, prioritize on-Device over Mobile HotSpot (tethering) traffic,
or switch you to a more appropriate Data Plan which may result in an increased cost. We or our network
supplier also manage the network to facilitate the proper functioning of services that require
consistent high speeds, such as video calling, which may, particularly at times and in areas of network
congestion, result in reduced speeds for other services. Additionally, we or our network supplier may
implement other network management practices, such as caching less data, using less capacity, sizing
video more appropriately for a Device to transmit data files more efficiently, and deploying streaming
video optimization technology. Streaming video optimization technology is intended to manage data usage
on the network, reduce the risk of streaming video stalling and buffering, and reduce the amount of
high-speed data consumption used for streaming video. Streaming video optimization improves streaming
video reliability as well as makes room for other users to enjoy higher browsing speeds. The streaming
video optimization process is agnostic as to the streaming video content itself and to the website that
provides it, however, we or our network supplier may prioritize on-Device data over Mobile HotSpot
(tethering) data. While most changes to streaming video files are likely to be indiscernible, the
optimization process may minimally impact the appearance of the streaming video as displayed on your
Device. These practices operate without regard to the content itself or the source of the content, and
do not discriminate against offerings that might compete against those offered by us on the basis of
such competition.
8.8 Wi-Fi Features. Phonico, 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 Phonico, Wi-Fi
Calling will only be available for Phonico customers that (i) have a Wi-Fi capable Device with Phonico supported Wi-Fi calling capability, (ii) have Wi-Fi Calling service provisioned on their account
by calling Customer Support 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 Phonico’s network
supplier’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 Phonico (see our complete
9-1-1 & E911 Disclosure posted on the Phonico website at phonico.com/911-disclosure, which you hereby agree to and is
incorporated herein by reference). 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 Phonico 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 Phonico. 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 network supplier 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 Phonico in advance of any
temporary or permanent changes to your Registered Location as described above. NEITHER Phonico
MOBILE NOR ITS NETWORK SUPPLIER 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 7 of these
T&Cs. Wi-Fi Calling may decrement Service plan minutes. 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.
8.9 Downloadable
Content and Applications. Content or applications (e.g., downloadable or networked
applications, wallpapers, ringtones, games, and productivity tools) (collectively, “Content & Apps”)
that you can purchase with your Device are not sold by Phonico. Phonico is not responsible for
the Content & Apps, including download, installation, use, transmission failure, interruption, or
delay, or any content or website you may be able to access through the Content & Apps. Unless
otherwise stated, any support questions for these Content & Apps may be directed to the third party
seller. When you use, download or install Content & Apps sold by a third-party seller, you may be
subject to license terms, terms of use, a privacy policy and/or other policies between you and that
third party. Content & Apps you purchase from third parties are licensed for personal, lawful,
non-commercial use on your Device only. You may not transfer, copy, or reverse engineer any Content
& Apps, or alter, disable or circumvent any digital rights management security features embedded in
the Content & Apps. Content & Apps may not be transferable from one Device to another Device.
Some Devices or Content & Apps may continue to have contact with our network without your knowledge,
which may result in additional charges, for example, while roaming internationally. Software on your
Device may automatically shut down or limit the use of Content & Apps or other features or Services
without warning. Phonico is not responsible for any third-party content, advertisements, or websites
you may be able to access using your Device.
8.10 Use of Information. If you
visit any third-party website or app store, or download or use any Content & Apps, the third party
may access, collect, use or disclose your personal information or require the network carrier to
disclose your information, including location information (when applicable) to the Content & Apps
provider or some other third party. If you access or use any Content & Apps through the Phonico
Service, you agree and authorize Phonico and its network supplier to provide information related to
such use. You understand that your use of a third-party app is subject to the third party’s terms and
conditions and policies, including its privacy policy. Please refer to the Content & Apps
creator/owner’s privacy policy for information regarding their use of information collected when you
download, install, or use any third-party Content & Apps. We are not responsible for any
transmission failure, interruption, or delay related to Content & Apps, or any content or website
you may be able to access through the Content & Apps.
8.11 Roaming. Your
Device may connect to another provider’s network (“Roaming”) even when you are within the Phonico
coverage area. Check your Device to determine if you are Roaming. There may be extra charges (including
long distance, tolls, data usage) and higher rates for Roaming usage, and your quality and availability
of service may vary significantly. Our Roaming charges and rates are subject to change at any time and
any such changes are effective forty-five (45) days after the posting of same to the Phonico
website. Please check our website frequently so that you are aware of our Roaming charges and rates and
any changes thereto.
8.12 Suspension and Cancellation. If your account is
deactivated due to nonpayment, your account will be in a suspended status for 60 days. If your account
is not reactivated within the 60-day period, it will be cancelled. If your account is cancelled, your
remaining balance will be forfeited, except as otherwise required by applicable law. For any cancelled
accounts, we may reassign the phone number associated with your account, and may be unable to transfer
that number to a different carrier.
8.13 eSIM. Only available on compatible
and eligible, unlocked devices, on certain plans, at certain times, in Phonico’s sole
discretion. Compatible and eligible devices, and the availability of eSIM (or SIM cards), are subject to
change in Phonico’s sole discretion. The current list of eligible devices may be provided
(pursuant Section 5). Customers with compatible and eligible devices are permitted to switch between an
eSIM and a physical SIM card and vice versa. Limited to one activated eSIM per device.
International Long Distance / Global
Text. 9.1 General. All international
long-distance services included in your Service are handled by a third party not affiliated with Phonico, and are delineated on your receipts separately from the services provided by Phonico.
9.2 International Roaming Credits. Your Phonico Service plan may
include international roaming credits (“Credits”) that you can use for international roaming minutes or
data without additional charge. The amount of Credits that you receive in connection with your Service
plan may be determined by us in our sole discretion, and additional details are available on our
website. Phonico may allow you to store Credits in your account for use at a later time. When your
balance of Credits is zero, unless you add Credits to your account, you will not be able to use
international roaming Service. Please be aware that except as provided by these T&Cs, Phonico
will be under no obligation to offer any refunds or reimbursements for Credits that you receive from
Phonico.
9.3 International Texts. “Global Text” and “Unlimited Global
Text” means text or unlimited text only to applicable mobile-to-mobile destinations, and excludes audio,
picture, and video messaging. Data usage rates and charges may apply if you send audio, pictures,
and/or video messages to an international mobile-to-mobile destination.
Taxes, Fees and Surcharges.You are responsible for, and shall
pay, the taxes, fees and surcharges set forth in Sections 10.1 – 10.5 below (“Taxes, Fees and
Surcharges”) in connection with your Service account. 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
further charges to your Service account. Payment of Taxes, Fees and Surcharges is in addition to payment
for the Service and will be billed to your credit card.
10.1 Recovery Fee. The
Recovery Fee is assessed to help recover Phonico’s costs to comply with various federal and state
programs, taxes and fees including, but not limited to, (i) state and federal Telecommunications Relay
Service Programs, (ii) Federal Universal Service Fund Program, (iii) international, federal, state,
municipal, local and/or other governmental franchise, excise, public utility and other
telecommunications taxes, fees and charges now in force or enacted in the future, and (iv) other costs
we incur to comply with government regulations and programs, which are not taxes or fees that local,
state or federal governments require Phonico to collect.
Phonico Service Plans The Recovery Fee is calculated as
a flat, per-plan fee (refer to table below), plus an additional 2.5% of the plan cost which is
applied to help recover other administrative fees.
Phonico Service Plan
Flat Per-Plan Fee
1 Month 1GB
$15
1 Month 5GB
$25
3 Month 10GB
$40
3 Month 20GB
$60
Phonico Add-On and Phonico Wallet
A flat per-transaction fee may apply for Non-Phonico Service Plan (e.g. 4G LTE/5G Data Add-Ons)
purchases:
Non-Phonico Service Plan Purchase
Amount
Flat Per Transaction Fee
Less than $10.01
$0.50
Greater than $10.00
$1.00
Although added to the overall charge, the Recovery Fee is separate from the cost of Service and the Recovery
Fee shall not result in the purchase of any additional Service time. We set the Recovery Fee, and the amount
and what the Recovery Fee includes may change without notice.
10.2 Federal Universal Service Fund Fee. The Federal Universal Service Fund Fee is
designed to recover Phonico’s contribution to the Federal Universal Service Fund program. The Federal
Universal Service Fund Fee is used to fund programs to increase access to advanced telecommunications
services for consumers in rural areas at reasonable rates and provides federal program funding. Rate may
change as determined by the Federal Communications Commission. The Universal Service Administrative Company
(“USAC”) establishes a quarterly contribution factor, and Phonico charges its customers the
then-applicable rate charged to Phonico by USAC.
10.3 State Universal Service Fund Fees. The State Universal Service Fund Fee is designed
to recover Phonico’s contribution to various state universal service fund programs. The State Universal
Service Fund Fee is assessed as a percentage of intrastate revenues, gross revenues, or as a flat rate per
line as set forth by the various state, county or municipal jurisdiction. Certain state agencies
establish a quarterly, semi-annual or annual contribution factor, and Phonico may choose to charge its
customers to recoup the state universal service fund fees charged to Phonico.
10.4 Sales and Use Taxes. Sales and use taxes are assessed to allow Phonico to recover
the cost of all federal, state, municipal, local or other governmental sales and use taxes now in force or
enacted in the future, that arise as a result of your subscription to, use of, or payment for Phonico
Service. To determine sales and use taxes, we will use the street address on file. If a credit card address
is not on file, then we will use the ZIP code you entered upon activation of the Service. If activation ZIP
code does not exist, then we will default to the ZIP code of Phonico’s headquarters: 92626. The
address on file for Puerto Rico customers must be in Puerto Rico. If you did not identify the correct
address, or if you provided an address (such as a PO box) that is not a recognized street address, does not
identify the applicable taxing jurisdictions or does not reflect the Service area associated with your
telephone number, you may be assigned the above described ZIP code for tax purposes. In the event of a
disputed tax jurisdiction location being assigned, any tax refund must be requested within sixty (60) days
of our notification to you that the tax has been assessed.
10.5 9-1-1 Fees. Each state, city, municipality, or county has specific charges that are
levied for access to 9-1-1. Determination of the applicable 9-1-1 charges depends on where you
purchase Phonico Service. Phonico may bill its customers for 9-1-1 charges. Any such
9-1-1 charges are a monthly recurring charge assessed on a per line basis and will appear on your monthly or
multi-month receipt.
Your Right to Dispute Charges. 11.1 Unless otherwise provided by law, you agree to
notify us of any dispute regarding your bill or charges to your account within sixty (60) days (twenty
(20) days for Puerto Rico customers) after the date you first receive the disputed bill or charge. If
you do not notify us of your dispute in writing with supporting documentation within this time period,
you may not pursue a claim in arbitration or in court. Except for Puerto Rico customers and unless
otherwise provided by law, you must pay disputed charges until the dispute is resolved. If you accept a
credit, refund or other compensation or benefit to resolve a disputed bill or charge, you agree that the
issue is fully and finally resolved. For unresolved disputes see Section 2 above. To contact or notify
us, see Section 12. This paragraph is notice to Puerto Rico customers that
payment of undisputed charges is due when stated on your bill, regardless of any
dispute.
11.2 Puerto Rico Customers. We will provide you with a determination
regarding any dispute that is presented to us in accordance with this Section 11 within fifteen (15)
days after we receive it. You may appeal our determination to the Telecommunications Board of the
Commonwealth of Puerto Rico (“Telecommunications Board”) by filing a petition for review up to thirty
(30) days after the date of our determination. Your petition for review shall be made through the filing
of a document containing the following information: (i) your name and address; (ii) our company name;
(iii) the pertinent facts; (iv) any applicable legal provisions that you are aware of; and (v) the
remedy you are requesting. The document may be filed handwritten or typewritten and must be signed by
you. You must send us a copy of your document to the following address Phonico, LLC, 17870 Newhope
Street #104-155, Fountain Valley, CA 92708, Attn: Customer Service. You must send your petition for
review to the Telecommunications Board at the following address: 500 Ave. Roberto H. Todd (Pda. 18 –
Santurce), San Juan, Puerto Rico 00907-3941. The Telecommunications Board will review our determination
only on appeal. You are advised of the provisions regarding suspension of Service that appear in Law 33
of July 7, 1985, Law 213 of September 12, 1996 and Regulation 5940 promulgated by the Telecommunications
Board. You are also advised of Regulation 5939 of March 12, 1999 promulgated by the Telecommunications
Board regarding the procedures for resolution of customer disputes.
Notices and Customer Communications. 12.1 Receipt of
Communications.You expressly consent to receive all communications, agreements,
documents, notices and disclosures (“Notices”) from us, at the telephone number associated with your
Device, or physical or electronic address you provide to us. Notices from us to you are considered
delivered when we deliver them to your Device by text message or voice, or by email to any email address
you provide to us, or three (3) days after mailing to your address on
file.
12.2 Autodialed or Prerecorded Messages. We may at times contact you
using autodialed or prerecorded message calls or text messages at the telephone number associated with
your Device. We may place such calls or texts to (i) provide notices regarding your Phonico account
or account activity, (ii) investigate or prevent fraud,(iii) inform you about products or services that
may be of interest to you, or (iv) collect a debt owed to us. You agree that we and our service
providers may contact you using autodialed or prerecorded message calls and text messages to carry out
the purposes we have identified above. We may also share your phone number with service providers with
whom we contract to assist us in pursuing these interests, but will not share your phone number with
third parties for their own purposes without your consent. Standard telephone minute and text charges
may apply.
12.3 Revocation of Consent. You do not have to consent to receive
autodialed or prerecorded message calls or texts in order to use Phonico Service. Where Phonico
is required to obtain your consent for such communications, you may choose to revoke your consent by any
reasonable means, including by (i) contacting our customer service department at (800) 683-7392, (ii)
writing to: Phonico, LLC, 17870 Newhope Street #104-155, Fountain Valley, CA 92708, Attn: Customer
Service, or (iii) managing your account preferences on the Phonico website. Written notices from you
to us are considered delivered when you send an email or three (3) days after mailing to the address
above.
12.4 Registered Agent. To begin arbitration or any other legal proceeding against
Phonico, you must serve our registered agent COGENCY GLOBAL INC. Please refer to the COGENCY GLOBAL
INC. list of Registered Agent Addresses to find the applicable
address in your state. Please note that COGENCY GLOBAL INC. does not receive submissions via
email or fax.
Lost or Stolen Devices. You agree to notify us if your Device is lost
or stolen. Once you notify us, we will suspend your Service. After your Service is suspended, you will
not be responsible for additional usage charges incurred in excess of your Service plan charges, and
applicable Taxes and Surcharges. If you request that we not suspend your Service, you will remain
responsible for all usage and charges incurred and applicable Taxes and Surcharges. We may prevent a
lost or stolen Device from registering on any network. California customers: For charges
incurred before you notify us, you are not liable for charges you did not authorize, but the fact that
your Device or account was used is some evidence of authorization. You may request that we investigate
charges you believe were unauthorized. We may ask you to provide information and you may submit
information to support your request. If we determine the charges were unauthorized, we will credit your
account. If we determine the charges were authorized, we will inform you within thirty (30) days and you
will remain responsible for the charges.
Misuse of Service or Device. By activating or renewing Phonico Service with
Phonico, you agree that you do so because you want Phonico Service from Phonico and not for
any other purposes. Phonico Service plans may only be used for the following purposes (and your use
of Phonico Service must be initiated from your supported, compatible Device or Mobile HotSpot
(tethering)): (i) voice calls between two individuals; (ii) text and picture messaging; and (iii)
Internet browsing and ordinary content downloads. You agree not to misuse the Service or Device,
including but not limited to: (a) reselling or rebilling our Service; (b) using the Service or Device to
engage in unlawful activity, or in conduct that adversely affects our customers, employees, business, or
any other person(s), or that interferes with our operations, network, reputation, or ability to provide
quality service, including but not limited to the generation or dissemination of viruses, malware or
“denial of service” attacks; (c) using the Service as a substitute or backup for private lines or
dedicated data connections; (d) using the Service for continuous, mobile to mobile or mobile to landline
voice calls; (e) using the Service for automated text or picture messaging to another mobile device or
email address; (f) uploading, downloading or streaming of continuous video or audio; (g) tampering with
or modifying your Phonico Device; (h) “spamming” or engaging in other abusive or unsolicited
communications, or any other mass, automated voice or data communication for commercial or marketing
purposes; (i) reselling Phonico Devices for profit, or tampering with, reprogramming or altering
Phonico Devices for the purpose of reselling the Phonico Device; (j) using the Service in
connection with server devices or host computer applications, including continuous Web camera posts or
broadcasts, automatic data feeds, automated machine-to-machine connections, voice or SMS relay, or
peer-to-peer (P2P) file-sharing; (k) accessing, or attempting to access without authority, the
information, accounts or devices of others, or to penetrate, or attempt to penetrate, Phonico’s or
another entity’s network or systems; (l) running software or other devices that maintain continuously
active Internet connections when a computer’s connection would otherwise be idle, or “keep alive”
functions (e.g., using a Service plan for Web broadcasting, operating servers, telemetry devices and/or
supervisory control and data acquisition devices); (m) using the Service to relay voice calls or text
and picture messages not originated from the Device; or (n) assisting or facilitating anyone else in any
of the above activities. You agree that you will not install, deploy, or use any regeneration equipment
or similar mechanism (for example, a repeater or signal booster) to originate, amplify, enhance,
retransmit or regenerate a transmitted RF signal. Voice services may not be used for monitoring
services, data transmission, transmission of broadcasts, transmission of recorded material, relay
services, interconnection to other networks, telemarketing activity, autodialed calls or robocalls.
Our Rights to Limit or End Service or the Agreement. 15.1 WE MAY LIMIT, THROTTLE,
SUSPEND OR TERMINATE YOUR SERVICE OR AGREEMENT WITHOUT NOTICE AT ANY TIME AND FOR ANY REASON, INCLUDING,
WITHOUT LIMITATION, if you, any user of your Device, or any user on your account: (a) breaches the
Agreement; (b) transfer(s) Service to another person without our consent; (c) becomes insolvent, goes
bankrupt or threatens bankruptcy (except as prohibited by law); (d) misuses your Service or Device as
described in Section 14 above; (e) uses your Service or Device in a manner that is excessive, unusually
burdensome, or unprofitable to us; or (f) are on a Service plan that we determine is no longer available
to you. We may impose credit, usage or other limits to your Service, suspend your Service, or block
certain types of calls, messages or sessions (such as international, 10XXX, 0+/0-, chat services, 900 or
976 calls), in our sole discretion and without notice.
Phonico reserves the right to cancel
or deactivate Phonico Service or reduce data throughput speeds in order to protect its network
supplier’s network from harm or to protect itself from financial or other harm due to any cause
including, without limitation, the excessive and/or unauthorized use of Phonico Service or any
credit card “chargebacks.” Phonico reserves the right to limit throughput or the amount
of data transferred and to deny or terminate Service to anyone Phonico believes is using the Phonico Service in an unauthorized manner or whose usage, in Phonico’s sole discretion, adversely
impacts its network supplier’s network or customer service levels. Phonico will presume you are
engaging in an unauthorized use in violation of these T&Cs, if in Phonico’s sole discretion, you
are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration,
or if your talk, text or data usage is harmful or disruptive to Phonico’s network supplier’s network
or service levels or to Phonico’s financial or other interests. If we determine, in our sole
discretion, that you are using your Service in violation of these T&Cs or in any other manner that
we deem to be unreasonable or excessive, we may terminate individual calls or data connections,
terminate or reduce data throughput or terminate your Service, decline to renew your Service, or offer
you a different Service plan without an unlimited usage component which may result in an increased cost
to you.
Phonico may discontinue providing Phonico Service to you, discontinue your
account, terminate data connections and/or reduce data throughput speeds if your usage, in the sole
judgment of Phonico: (i) appears likely to generate abnormally high call volumes or data usage
and/or abnormally long average call lengths or data usage as compared to the usage of other Phonico
customers; or (ii) may be harmful or disruptive to, or interfere with, Phonico’s network supplier’s
network, Phonico’s service or the ability to provide quality service to other customers. By
initiating Phonico Service and placing or receiving calls, you acknowledge and agree to Phonico’s right to terminate your Service under these circumstances.
If we limit, suspend or
terminate your Service and later reinstate your Service, you may be charged a reinstatement
fee.
This paragraph constitutes notice to Puerto Rico customers that
your Service may be suspended or cancelled if you engage in any of the foregoing actions in Sections 14
and 15 in accordance with the Puerto Rico Suspension Regulation 5940 of March 12, 1999, promulgated by
the Telecommunications Board where applicable, or in Phonico’s sole discretion. If your Service or
account is limited, suspended or terminated and then reinstated, you may be charged a reactivation
fee.
15.2 No Future Service. In the event Phonico terminates your Phonico Service for any reason specified in Section 15.1 or otherwise, we reserve the right to prohibit
you from using any Phonico Service plan in the future by blocking your device from our network,
prohibiting you from using a new Phonico Service account that you purchase, or through other
means.
15.3 Refund Policy. If you have purchased one of our 30-day
Service plans and we terminate or suspend your Service for any reason specified in Section 15.1 or
otherwise, you will not receive any refund of amounts paid to us in connection with such Service
plan. If you have purchased one of our pre-paid, multi-month Service plans and we suspend or
terminate your Service for any reason specified in Section 15.1 or otherwise, we will refund a pro rata
portion of your Service fee for any then-remaining 30-day Service period(s) within your Service plan,
not including the 30-day Service period in which we suspend or terminate your Service.
15.4Device, SIM Kits, and Accessory Returns. For Phonico-provided Devices, SIM Kits
and accessory returns and exchanges, including a description of applicable restocking fees and/or
shipping and handling fees depending upon the product condition, see the applicable return policy, which
is available online at https://phones.phonico.com/RMA.html and/or
https://phonico.com/return-policy/. Some Phonico-provided Devices and accessories may not be
refunded or exchanged, and you may be required to pay a restocking fee. Devices offered to Phonico
customers, if any, will comply with the FCC’s regulations concerning hearing aid compatibility. Products
purchased from retail locations may not be covered by these return policies and must be returned to the
retailer location. Phonico makes no representations about such returns.
15.5 Device Warranty
Information All new Devices purchased from our website come with a one-year manufacturer
warranty from the original date of sale. All refurbished Devices purchased from our website come with a
60-day warranty from the original date of sale. If your device is defective, please follow the Device
Return instructions listed above under Section 15 to see if the Device is eligible for a warranty
replacement. If eligible, we’ll replace the defective Device with a Device of the same cosmetic
condition or comparable model at our discretion.
Our conditions for a warranty claim are as
follows:
Your warranty only covers defects in materials or workmanship. It does not cover defects arising
from damage or normal wear-and-tear or aging.
The warranty covers issues such as: software-related issues, camera defects, unresponsive keys,
dead pixels, etc.
The warranty does not cover issues like: diminishing battery life, scratches, accidental
damages, coverage issues, or software incompatibility/problems with 3rd-party apps.
Attempting to ‘root’ or otherwise ‘mod’ your phone will void its warranty.
Visible physical damage to your phone (e.g. liquid damage, cracked LCD, damaged housing) will
void its warranty.
You must return all accessories (charger, cables, manual, etc.) with the defective Device. If components are
missing, we will charge a non-refundable missing parts fee as outlined here:
Item
Fee
Battery:
$10.00
Charger:
$7.00
USB Cable:
$3.00
SD Card:
$5.00
Manual:
$3.00
Other parts:
at our discretion
Your defective device must be returned in good condition. If the device is determined to have some type of
damage that voids its warranty (e.g. liquid damage, ‘modded’ OS, etc.), it will be returned without repair /
refund to the original address of purchase unless stated otherwise.
Our warranties expressly exclude certain categories of damages and uses of your phone. These exclusions,
which we do not cover, include possible costs or damages for which you will not be reimbursed. These
exclusions are as follows: The limits of what we provide above relate to the device itself. We are not
responsible for lost data or the time that you were without a device. We encourage you to back up your data
regularly, as no one else will take responsibility for the restoration of any lost data. We are not
responsible for any consequential damages, from the loss of your device, the loss of your data, or the time
you were without your device. We do not warrant any device for merchantability or fitness for a particular
purpose. These warranties are specifically disclaimed.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, Q1W IS NOT RESPONSIBLE FOR DIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER
ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR
ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED
SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR
CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE
REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR
DATA STORED OR USED WITH APPLE PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON
THE PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY
LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. WE DO
NOT MANUFACTURE OUR DEVICES. THE ONLY WARRANTIES APPLICABLE TO OUR DEVICES ARE THOSE EXTENDED BY THE
MANUFACTURERS. WE HAVE NO LIABILITY, THEREFORE, IN CONNECTION WITH DEVICES OR FOR MANUFACTURERS’ ACTS OR
OMISSIONS. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES
PROVIDED HEREUNDER OR ANY SOFTWARE USED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, AND TO THE
EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUALITY,
NON-INFRINGEMENT, PERFORMANCE OR ACCURACY. WE EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES. WE DO NOT
PROMISE ERROR-FREE OR UNINTERRUPTED SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR
BEHALF.
Intellectual Property. You agree not to infringe, misappropriate,
dilute or otherwise violate the intellectual property rights of Phonico or any other third party.
Except for a limited license to use the Phonico Service, your purchase of Phonico Service and
Phonico Devices does not grant you any license to copy, modify, reverse engineer, download,
redistribute, or resell the intellectual property of Phonico or others related to the Phonico
Service and Phonico Devices; this intellectual property may be used only with Phonico Service
unless expressly authorized by Phonico. You agree that a violation of this section harms Phonico, which cannot be fully redressed by money damages, and that Phonico shall be entitled to seek
immediate injunctive relief in addition to all other remedies available.
Privacy Information.Our Privacy Policy governs how we collect
and use information related to your use of the Phonico Service and is available online at phonico.com/privacy-policy. We may change our Privacy Policy
without notice; however, if we change our policy to allow use or disclosure of personal information in a
way that, in our sole determination, is materially different from that stated in the policy at the time
the data was collected, we will post notice in advance of the change. Data on your Device may
automatically be stored on your SIM card and/or eSIM (to the extent either technology may be available
to you), Device or our network. Your data may remain on the Device even if your SIM card is removed; the
data left on your Device will be accessible to others who use your Device, and may be deleted, altered,
or transferred to our or our network supplier’s network servers. To the extent available, if your eSIM
is deleted from your phone, you may lose any data contained within the eSIM.
Disclaimer of
Warranties.EXCEPT TO THE EXTENT OTHERWISE
EXPRESSLY PROVIDED IN WRITING, AND TO THE GREATEST EXTENT PERMITTED BY LAW, THE Phonico SERVICES AND
DEVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF
ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY
OF MERCHANTABILITY, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, OR FITNESS FOR A PARTICULAR
PURPOSE, INCLUDING SECURITY OR AUTHENTICATION PURPOSES, CONCERNING YOUR SERVICE OR YOUR DEVICE. WE DO
NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND WE DO NOT AUTHORIZE ANYONE TO MAKE ANY
REPRESENTATIONS OR WARRANTIES ON OUR BEHALF. FOR MORE INFORMATION, PLEASE REVIEW OUR PRIVACY POLICY AT
https://phonico.com/privacy-policy/. THIS DOESN’T DEPRIVE YOU
OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE. WE 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 ACCEPT RESPONSIBILITY IF YOU USE YOUR SERVICE AS A MEANS OF SECURITY
OR AUTHENTICATION FOR OTHER ACCOUNTS.
Waivers and Limitations of Liability.
YOU AGREE THAT:
Phonico IS NOT AN INSURER OF SERVICES, NOR CAN IT INSURE THE ACCURACY OF YOUR
INFORMATION OR THE PRIVACY OR SECURITY OF YOUR Phonico ACCOUNTS;
Phonico HAS NO CONTROL OVER THE ACTS AND CONDUCT OF THIRD PARTIES;
Phonico IS NOT RESPONSIBLE FOR LOSSES INCURRED AS A RESULT OF YOUR OR A
THIRD-PARTY’S USE OF YOUR Phonico WIRELESS NUMBER OR OTHER Phonico SERVICE AS A
SOURCE OF AUTHENTICATION OR VERIFICATION IN CONNECTION WITH ANY SOCIAL MEDIA, EMAIL,
FINANCIAL, CRYPTOCURRENCY OR OTHER ACCOUNT.
EXCEPT IN CASES OF FRAUD OR
WILLFUL MISCONDUCT, TO THE GREATEST EXTENT PERMITTED BY LAW, Phonico IS NOT RESPONSIBLE FOR
LOSSES RELATING TO ANY SERVICE, SIM CARD, AND/OR DEVICE IT MAY OFFER UNDER THESE T&CS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT Phonico IS NOT RESPONSIBLE
FOR LOSSES RELATING TO YOUR INABILITY TO REACH 9-1-1 OR ACCESS ANY OTHER EMERGENCY SERVICES;
YOUR USE OF, OR INABILITY TO USE, ANY SERVICE, SIM CARD, OR DEVICE UNDER THESE T&CS
(INCLUDING, WITHOUT LIMITATION, ANY SERVICE, SIM CARD, OR DEVICE WHICH MAY BE OFFERED IN
CONNECTION WITH ANY THIRD-PARTY HARDWARE, SOFTWARE, OR SERVICE, EVEN IF SUCH THIRD-PARTY
HARDWARE, SOFTWARE, OR SERVICE IS OFFERED BY Phonico); AND/OR ANY INTERRUPTION, ERROR,
LIMITATION, OR DELAY IN ANY SERVICE, SIM CARD, OR DEVICE. WITHOUT LIMITING THE FOREGOING, YOU
ALSO AGREE THAT Phonico IS NOT RESPONSIBLE FOR THE INSTALLATION, MAINTENANCE, REMOVAL, OR
TECHNICAL SUPPORT OF ANY SERVICE, SIM CARD, OR DEVICE, PROVIDED UNDER THESE T&CS. WITHOUT
LIMITING THE FOREGOING, YOU ALSO AGREE WE ARE NOT LIABLE FOR MISSED OR DELETED VOICEMAILS OR
OTHER MESSAGES, FOR ANY INFORMATION (LIKE PICTURES) THAT GET LOST OR DELETED.
TO THE
GREATEST EXTENT PERMITTED BY LAW, YOU AND WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER
MONETARY RELIEF AGAINST EACH OTHER TO DIRECT AND ACTUAL DAMAGES, REGARDLESS OF THE THEORY OF
LIABILITY. THIS MEANS THAT NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE,
OR PUNITIVE DAMAGES FROM THE OTHER ARISING OUT OF OUR SERVICE (INCLUDING THE PROVISION OF OR
FAILURE TO PROVIDE SAME), ANY DEVICE, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT OR THE
SUBJECT MATTER HEREOF, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT WE HAVE BEEN INFORMED
OF, OR OTHERWISE MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES. THESE DISALLOWED
DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES ARISING OUT OF UNAUTHORIZED ACCESS OR CHANGES
TO YOUR ACCOUNT, SERVICE, OR DEVICE, OR THE USE OF YOUR ACCOUNT, SERVICE OR DEVICE BY YOU OR BY
OTHERS TO AUTHENTICATE, ACCESS, USE OR MAKE CHANGES TO THIRD PARTY ACCOUNTS, INCLUDING BUT NOT
LIMITED TO FINANCIAL, CRYPTOCURRENCY, OR SOCIAL MEDIA ACCOUNTS. THIS LIMITATION AND WAIVER ALSO
APPLY TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE
REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM.
IN ANY EVENT, TO THE GREATEST 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, IN ANY EVENT, YOU AND WE EACH ALSO
AGREE THAT ALL CLAIMS MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE DATE THE CLAIM ARISES.
Indemnification.You agree to
defend, indemnify, and hold us harmless from and against any and all losses, claims, liabilities, costs
and expenses (including taxes, fees, fines, penalties, interest, expenses of investigation and
attorneys’ fees and disbursements) as incurred, arising out of or relating to use of the Service or
Devices, breach of the Agreement, or violation of any laws or regulations or the rights of any third
party by you or any person on your account or any person you allow to use your Service or Device.
Enforceability and Assignment.A waiver of any part of the
Agreement in one instance is not a waiver of any other part or any other instance and must be expressly
provided in writing. If we do not enforce our rights under any provisions of the Agreement, we may still
require strict compliance in the future. Except as provided in Section 2, if any part of the Agreement
is held invalid that part may be severed from the Agreement. You cannot assign the Agreement or any of
your rights or duties under it without our written consent. We may assign all or part of the Agreement
or your debts to us without notice. The Agreement is the entire agreement between Phonico and you
and defines all of the rights you have with respect to your Phonico Service or Phonico Device,
except as provided by law, and you cannot rely on any other documents or statements by any sales or
service representatives or other agents. If you purchase a Device, services or content from a third
party, you may have a separate agreement with the third party; Phonico is not a party to that
agreement. Any determination made by us pursuant to this Agreement, shall be in our sole reasonable
discretion. Sections 2-3, 5, 8-14, and 16-22 of this Agreement continue after termination of our
Agreement with you.
Choice of Law.Phonico and
you agree that the Agreement is governed by the Federal Arbitration Act and applicable federal law,
including but not limited to determinations of arbitrability. Without limiting the general applicability
of federal law to the Agreement (including but not limited to any and all determinations of
arbitrability as provided for in Section 2 to these T&Cs), and only to the extent state law may
apply to the Agreement, Phonico and you agree the laws of the state in which your billing address is
located shall apply, without regard to the conflict of laws rules of that state. Foreign laws (except
for Puerto Rico) do not apply. In order to ensure the availability of witnesses, arbitration will be
held in Orange County, California, where Phonico is headquartered; unless your billing address is in
Puerto Rico, in which case arbitration will be held in Puerto Rico. In all cases, arbitration will be
held in accordance with Section 2 above. To the extent permissible under the Agreement, court
proceedings must be initiated in the Superior Court of California, County of Orange or the United States
District Court for the Central District of California. If any provision of the Agreement is invalid
under the law of any of the above jurisdictions, that provision will not apply in that jurisdiction; the
remainder of the Agreement shall remain in force.
CPNI. Customer Proprietary Network Information (“CPNI”) is
information that Phonico and other telecommunications carriers obtain when providing your
telecommunications services to you. CPNI includes the types of telecommunications services you currently
purchase, how you use them, and the billing information related to those services, including items such
as the types of local, long distance and wireless telecommunications services that you have purchased
and your calling details. Your telephone number, name and address are not considered CPNI.
We may use your CPNI to the extent needed to provide you with the Service, including, to the extent
available and applicable, any multi-line services you have purchased. We also may use your CPNI to offer
you additional services of the type you already purchase from Phonico. We may also use your CPNI to
offer you products and services, packages, discounts and promotions from our affiliates, which may be
different from the types of services you already purchase.
Phonico uses technology and
security features and strict policy guidelines to safeguard the privacy of CPNI and protect it from
unauthorized access or improper use. Phonico does not disclose CPNI outside of Phonico, its
affiliates and their respective agents without customer consent except as required by law. When Phonico uses third parties to perform services on its behalf that require the use of CPNI, Phonico
requires that they protect the CPNI consistent with this provision. Phonico does not sell CPNI to
unaffiliated third parties.
If you wish to restrict our use of your CPNI for marketing purposes,
you may contact a customer service representative at the customer service phone number located in
Section 12 of these T&Cs.
24. PRE-ORDERED PRODUCTS. To the extent available, certain devices or products may be
released before shipping is available through a pre-order function. You will be charged the full amount of
the order at the time you complete your pre-order. The “expected ship date” is when we expect the product to
be shipped to you. Orders are shipped in the order in which they are received. You will receive a
confirmation email once the order has been shipped. Any changes to the shipping date will be communicated to
you via email. You may cancel the pre-order prior to when the product ships by calling customer care. In the
event that certain devices are not available at the time of shipping, such as a requested color or memory
amount, we will notify you via email. Any device will be locked according to our unlocking policy:
. Any returns
will be in accordance with the applicable return policy, available online at
Additional restrictions may
apply.
Trial Plan Terms & Conditions
New activation is required. Other restrictions may apply. The Phonico Trial Plan offer, which applies to
all Trial Plans as defined in these T&Cs, including but not limited to the Phonico 7-Day Trial Kit
and Phonico See For Yourself Kit, must be activated within 45 days after receiving your Phonico Trial Plan
SIM card or eSIM. You may only activate your Phonico Trial Plan through the Phonico app available on iOS
and Android platforms. Data rates may apply. A valid email, telephone number, mailing address, and credit
card are required to redeem a Phonico Trial Plan, which may be requested through the Phonico app. Only one
free Trial Plan per customer. Additional Trial Plans may be purchased for $5.00 at participating third-party
distributors.
Each Trial Plan includes Phonico service with up to 250 SMS messages, 250 voice minutes, and 250 MB of 5G
and/or 4G LTE data. 5G and/or 4G LTE access requires a capable device and SIM or eSIM within an appropriate
coverage area. Actual availability, speed, and coverage may vary. Your Trial Plan may be deactivated on the
earlier of your consumption of all the SMS messages, voice minutes, and data available through your trial,
but in no event will the trial last longer than seven days.
After your initial Trial Plan, you may choose to purchase an additional Trial Plan for $5.00 at participating
third-party distributors. For Trial Plans that were purchased for $5.00, at any time during your trial, you
may either: (i) convert to a full Phonico Service plan; or (ii) request a full $5.00 refund from https://phonico.com/return-policy/ or by calling a Phonico
Customer Care agent at (800)683-7392. Your Trial Plan may be deactivated before or after approval of your
refund, which will be processed within seven (7) calendar days. Phonico will only issue refunds for
purchases of Trial Plans made through the Phonico app or select third-party retailers.
Phonico service is not available in all areas. All international long-distance service included in the
Phonico service is provided by a third party, which is not affiliated with Phonico. Use of the Phonico
service is subject to the Phonico Terms & Conditions (available at phonico.com/plan-terms-and-conditions).
Your Trial Plan is not renewable and you must become a paid subscriber to the Phonico service in order to
continue your access to the Phonico service. If you wish to transfer your mobile phone number from your
existing carrier at the end of your Trial Plan, you may do so via the Phonico app or purchase a new Phonico
Mobile service plan from phonico.com. Once you activate a standard Phonico service plan, airtime
expiration is subject to the terms of your plan.
From time to time, and in Phonico’s sole discretion, we may offer certain promotions (including, without
limitation, credits, discounts, or “free” Service), for any reason whatsoever, to any subset of customers
(e.g. new port-in customers, customers who meet certain eligibility requirements, etc.). For avoidance of
all doubt, in addition to all other terms and conditions contained in these T&Cs, including but not
limited to any applicable promotional terms, together with all other promotional terms which Phonico may
publish as a supplement to these T&Cs, all of which shall apply to any such promotion according to these
T&Cs, you and Phonico each agree that any promotion, to the extent available to you, any Phonico
customer, or any subset of Phonico customers, shall only be offered, if at all, in Phonico’s sole
discretion, and may be modified or terminated at any time without notice. Without limiting the foregoing, to
the greatest extent permissible by applicable law, under no circumstances shall any promotional credits,
discounts, or “free” Service be transferrable, combinable with any other offer, or redeemable for any amount
of cash or credit.