Last Updated: October 19th, 2022
Please read these T&Cs carefully. They cover important information about our services provided to you (“Service”); your phone, handset, device, SIM card, (SIM card used interchangeably as “SIM,” “SIM card,” and/or “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.
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 (888) 777-0446 and providing a written description and supporting documentation of your claim if requested by the Ultra Mobile care agent. Ultra Mobile and you each agree to negotiate your claim in good faith. If Ultra Mobile and you are unable to resolve the claim within sixty (60) days after Ultra Mobile receives your claim description and supporting documentation, you may pursue your claim in arbitration.
As an alternative to arbitration, Ultra Mobile may choose to resolve payment disputes in small claims court in the county of your most recent billing address. Ultra Mobile and you each agree that if you fail to timely pay amounts due, Ultra Mobile 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 law or the Agreement.
Either you or we may start arbitration proceedings following the above-described 60-day period. You must send a letter requesting arbitration and describing your claim to our registered agent (see Section 12) to begin arbitration. The American Arbitration Association (“AAA”) will arbitrate all disputes. The AAA’s Consumer Arbitration Rules will apply. The AAA rules are available at www.adr.org. Upon filing of the arbitration demand, Ultra Mobile will pay or reimburse all filing, administration and arbitrator fees for claims that total less than Seventy-five Thousand Dollars ($75,000.00). For claims that total Seventy-five Thousand Dollars ($75,000.00) or more, the payment of filing, administration and arbitrator fees will be governed by the AAA rules. 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.
CLASS ACTION WAIVER. ULTRA MOBILE 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 Ultra Mobile.
JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, ULTRA MOBILE AND YOU EACH WAIVE ANY RIGHT TO A JURY TRIAL.
3. No Refunds for Your Cancellation of Service Plans. You may cancel any Service plan that you pay for in advance 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 such Service plan (regardless of whether such plan is a 30 day Service plan or a multi-month Service plan).
4. 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 OUR 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 OUR 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 (888) 777-0446. 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.
5. Compatible Devices. You must use a supported, compatible Device to access the Ultra Service via the Ultra Mobile network. Only certain phones and tablet computers are supported Devices. Ultra Mobile will provide you with a list of supported Devices upon your request. . 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.
6. 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.
7. 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. Ultra Mobile is not responsible for failures to connect or complete 9-1-1 calls or 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 Ultra Mobile 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 Ultra Mobile, 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 Ultra Mobile website at ultramobile.com/911-e911-disclosure, and incorporated into Section 8.8 of these T&Cs by reference.
8. Service Plans
8.1 General. Your Service will operate only after you have purchased and activated an Ultra Mobile Service plan. Please visit our website at www.ultramobile.com for the latest information regarding our Service plans.
8.2 Charges. You agree to pay all charges we bill you or that were accepted or processed through your Device. All Ultra Mobile 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 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 888-777-0446 or (ii) managing your account preferences on the Ultra Mobile Account Management portal. 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. Ultra Mobile 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. Ultra Mobile 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 with an Ultra Mobile Service plan (both data that comes with a particular Ultra Mobile Service plan and any additional data you purchase as an add-on) will expire immediately upon termination of your Ultra Mobile 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 www.ultramobile.com/ultra-mobile-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. Ultra Mobile 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 its Service plans, including our Unlimited Plan and our Unlimited+ Plan. 5G and/or 4G LTE access requires a capable device and SIM within an appropriate coverage area. Actual availability, speed, and coverage may vary. 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 over the Ultra Mobile 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 10GB for Unlimited Plan and 20GB for Unlimited+ Plan. If you purchased an Unlimited Plan or Unlimited+ Plan and you exceed your Service plan’s 30-day or 31-day Usage Level of 5G and/or 4G LTE data (40GB for Unlimited Plan; 60GB for Unlimited+ Plan), Ultra Mobile or its network supplier will reduce the speed at which you can send and receive data over the Ultra Mobile network until the end of the applicable 30-day or 31-day period, except to the extent you purchase a data add-on. Certain online activities may be limited and/or inaccessible on network after 40GB on Unlimited Plan and after 60GB on Unlimited+ Plan. For all Service plans, Ultra Mobile’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 Ultra Mobile’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, 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. Ultra 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 Ultra Mobile, Wi-Fi Calling will only be available for Ultra Mobile customers that (i) have a Wi-Fi capable Device with Ultra Mobile supported Wi-Fi calling capability, (ii) have Wi-Fi Calling service provisioned on their Ultra Mobile 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, and (iv) are connected to a functioning third-party internet service. Not all services available on Ultra Mobile’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 Ultra Mobile (see our complete 911 & E911 Disclosure posted on our website at ultramobile.com/911-e911-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. If Ultra Mobile makes Wi-Fi Calling available to you, you must provide us with, and 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 Ultra Mobile. You may update 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 Ultra Mobile in advance of any temporary or permanent changes to your Registered Location as described above. NEITHER ULTRA 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.
8.11 Roaming. Your Device may connect to another provider’s network (“Roaming”) even when you are within the Ultra Mobile 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 Ultra Mobile 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 and we may reassign the phone number associated with your account. If you wish to port to a different carrier, you must have an active account.
9. 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 Ultra Mobile, and are delineated on your receipts separately from the services provided by Ultra Mobile.
9.2 International roaming credits. Your Ultra Mobile 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. Ultra Mobile 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 applicable law or by these T&Cs, Ultra Mobile will be under no obligation to offer any refunds or reimbursements for Credits that you receive from Ultra Mobile.
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.
10. 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 Ultra Mobile’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 Ultra Mobile to collect. For all Ultra Mobile Service plans, the Recovery Fee is calculated as a flat per transaction fee of $0.50 for service charges of $10.00 or less, and $1.00 for service charges of $10.01 or more. A flat fee per transaction of 2.5% will also be applied to the purchase of pre-funded SIM cards at www.ultramobile.com to help recover other administrative fees. 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 Ultra Mobile’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 Ultra Mobile charges its customers the then-applicable rate charged to Ultra Mobile by USAC.
10.3 State Universal Service Fund Fees. The State Universal Service Fund Fee is designed to recover Ultra Mobile’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 Ultra Mobile may choose to charge its customers to recoup the state universal service fund fees charged to Ultra Mobile.
10.4 Sales and Use Taxes. Sales and use taxes are assessed to allow Ultra Mobile 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 Ultra Mobile 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 Ultra Mobile’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 Ultra Mobile Service. Ultra Mobile 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.
11. 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: UVNV, Inc., 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.
12. 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 billing address.
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 Ultra Mobile 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 Ultra Mobile Service. Where Ultra Mobile 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 (888) 777-0446, (ii) writing to: UVNV, Inc.,17870 Newhope Street #104-155, Fountain Valley, CA 92708, Attn: Customer Service, or (iii) managing your account preferences on the Ultra Mobile Account Management portal. 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 Ultra Mobile, 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.
13. 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.
14. Misuse of Service or Device. By activating or renewing Service with Ultra Mobile, you agree that you do so because you want Service from Ultra Mobile and not for any other purposes. Ultra Mobile Service plans may only be used for the following purposes (and your use of Ultra Mobile 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 Ultra Mobile 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 Ultra Mobile Devices for profit, or tampering with, reprogramming or altering Ultra Mobile Devices for the purpose of reselling the Ultra Mobile 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, Ultra Mobile’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.
15. 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.
Ultra Mobile reserves the right to cancel or deactivate 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 Ultra Mobile Service or any credit card “chargebacks.” Ultra Mobile reserves the right to limit throughput or the amount of data transferred and to deny or terminate Service to anyone Ultra Mobile believes is using their Service in an unauthorized manner or whose usage, in Ultra Mobile’s sole discretion, adversely impacts its network supplier’s network or customer service levels. Ultra Mobile will presume you are engaging in an unauthorized use in violation of these T&Cs, if in Ultra Mobile’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 Ultra Mobile’s network supplier’s network or service levels or to Ultra Mobile’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.
Ultra Mobile may discontinue providing Service to you, discontinue your account, terminate data connections and/or reduce data throughput speeds if your usage, in the sole judgment of Ultra Mobile: (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 Ultra Mobile customers; or (ii) may be harmful or disruptive to, or interfere with, Ultra Mobile’s network supplier’s network, Ultra Mobile’s service or the ability to provide quality service to other customers. By initiating Service and placing or receiving calls, you acknowledge and agree to Ultra Mobile’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 Ultra Mobile’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 Ultra Mobile terminates your Service for any reason specified in Section 15.1 or otherwise, we reserve the right to prohibit you from using any Ultra Mobile Service plan in the future by blocking your device from our network, prohibiting you from using a new Ultra Mobile 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. 4 Device, SIM Kits, and Accessory Returns. For Ultra Mobile-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 phones.ultramobile.com/RMA.html. Some Ultra Mobile-provided Devices and accessories may not be refunded or exchanged, and you may be required to pay a restocking fee. Devices offered to Ultra Mobile 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. Ultra Mobile 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:
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:
USB Cable: $3.00
SD Card: $5.00
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.
16. Intellectual Property. You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of Ultra Mobile or any third party. Except for a limited license to use the Services, your purchase of Services and Ultra Mobile Devices does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of Ultra Mobile or others related to the Services and Ultra Mobile Devices; this intellectual property may be used only with Ultra Mobile Service unless expressly authorized by Ultra Mobile. You agree that a violation of this section harms Ultra Mobile, which cannot be fully redressed by money damages, and that Ultra Mobile shall be entitled to seek immediate injunctive relief in addition to all other remedies available.
18. Disclaimer of Warranties. EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN WRITING, AND TO THE EXTENT PERMITTED BY LAW, THE 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 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. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE.
19. Waivers and Limitations of Liability. UNLESS PROHIBITED 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. YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, EXEMPLARY OR PUNITIVE DAMAGES 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 ULTRA MOBILE ACCOUNT, SERVICE OR DEVICE, OR THE USE OF YOUR ULTRA MOBILE ACCOUNT, SERVICE OR DEVICE BY YOU OR BY OTHERS TO AUTHENTICATE, ACCESS, USE OR MAKE CHANGES TO ANY OTHER THIRD-PARTY ACCOUNT, INCLUDING BUT NOT LIMITED TO FINANCIAL, CRYPTOCURRENCY, OR SOCIAL MEDIA ACCOUNTS. THIS LIMITATION AND WAIVER ALSO APPLIES 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. YOU AGREE WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE DATE THE CLAIM ARISES.
20. 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 that you allow to use your Service or Device.
21. 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 Ultra Mobile and you and defines all of the rights you have with respect to your Service or Ultra Mobile 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; Ultra Mobile 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.
22. Choice of Law. This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state in which your billing address in our records is located, without regard to the conflicts of laws rules of that state. Foreign laws (except for Puerto Rico) do not apply. Arbitration or court proceedings must be in: (a) the county and state in which your billing address in our records is located, but not outside the U.S.; or (b) in Puerto Rico if your billing address is in Puerto Rico. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.
23. CPNI. Customer Proprietary Network Information (“CPNI”) is information that Ultra Mobile 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 CPNI to offer you additional services of the type you already purchase from Ultra Mobile. 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.
Ultra Mobile uses technology and security features and strict policy guidelines to safeguard the privacy of CPNI and protect it from unauthorized access or improper use. Ultra Mobile does not disclose CPNI outside of Ultra Mobile, its affiliates and their respective agents without customer consent except as required by law. When Ultra Mobile uses third parties to perform services on its behalf that require the use of CPNI, Ultra Mobile requires that they protect the CPNI consistent with this provision. Ultra Mobile 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. Additional restrictions may apply.
25. Terms for Tourist and PayGo
Tourist and PayGo plans are subject to Ultra’s full Plans Terms & Conditions, in addition to the terms in this section and the respective Tourist or PayGo section below. Tourist or PayGo service must be used within the designated period of time. Service will be suspended when your account balance reaches zero or your time period expires. Tourist and PayGo services are non-refundable. Tourist and PayGo services are not exchangeable and unused services are forfeited if you switch to a different plan during your plan’s period. No refunds will be given for unused airtime, data, or other services. Lost or stolen prepaid SIM cards will not be refunded. You will not receive a monthly bill and will not have access to detailed call records and usage history. Tourist and PayGo plans cannot be combined with other offers. Porting restrictions may apply. Not all of Ultra’s prepaid services and bolt-ons may be available for Tourist or PayGo plans.
25.1 Tourist Terms
Unlocked, compatible device, and activation of the Tourist plan w/ enclosed SIM required. Check your warranty and contract with your current wireless carrier to see what conditions apply to unlocking your device. Use may affect your rights and obligations. Videos stream at ~480p. Taxes and fees additional. Not all features available on all devices. No cash redemption value. Non-refundable. Not responsible if lost or stolen. General Terms: Participating locations only. Service available until 11:59 p.m. PST on the last day of the service period (a maximum of 21 days). Domestic use only. Data usage rounded up to the nearest KB each session. Partial minutes rounded up. Full speeds available up to monthly allotment, including tethering, and then maximum speeds reduced for the remainder of the service period (up to 21 days). Certain uses, e.g. some speed test apps, may not count against high-speed data allotment or have speeds reduced after allotment reached. Roaming and on-network data allotments differ: Tourist Plan includes 50MB of data roaming; please check plan details online. International Text: Text messages must originate on our U.S. network. Text messaging applies to mobile phones only. Coverage not available in some areas. Network Management: Service may be slowed, suspended, terminated, or restricted for misuse, abnormal use, interference with the network or ability to provide quality service to other users, or significant roaming. Customers who use an extremely high amount of data in a service period may have their data usage de-prioritized compared to other customers for that service period at locations and times when competing network demands occur, resulting in slower speeds. © 2022 Ultra Mobile, Inc. T-Mobile is a registered trademark of Deutsche Telekom AG.
25.2 PayGo Terms
Unlocked, compatible device, and activation of the PayGo plan w/ enclosed SIM required. Check your warranty and contract with your current wireless carrier to see what conditions apply to unlocking your device. Use may affect your rights and obligations. Limited time offer; subject to change. Taxes and fees additional. Not all features available on all devices. No cash redemption value. Non-refundable. Not responsible if lost or stolen. General Terms: Participating locations only. If funds are available, additional service is billed at $0.03 per minute, $0.01 per text message, or $0.03 per MB used. Additional minutes, text messages or data require addition of funds and sufficient balance to use service, unless relevant Voice & Text Pass or Data Pass is currently active. International roaming minutes and text messages require addition of funds and sufficient balance to use service. Service available for 30 days after activation or renewal. At the end of each 30-day service period, a monthly recurring charge will be deducted from PayGo wallet balance and a new 30-day service period will begin. If your PayGo wallet balance is below the $3.00 monthly recurring charge minimum at the end of the 30-day cycle, your account will be suspended. Your account will remain in a suspended status for up to 60 days, during which time you can add credit to meet the $3 monthly recurring charge minimum and renew your account for the next 30-day cycle. In the event that your account balance is between $0.00 and $3.00 after 60 days in a suspended status, Ultra will grant you an extension period and keep your account in a suspended status for an additional 30 days. If your account balance does not meet the $3.00 monthly recurring charge minimum by the end of the extension period, Ultra will cancel your account. You agree that Ultra is offering the 30-day extension period, and that you are accepting the 30-day extension period, in return for Ultra’s right to retain your balance at the end of the extension period. Account balance is forfeited upon account cancellation. If your account is $0.00 after 60 days, you will not be granted an extension period and your account will be cancelled. Call forwarding and spam filtering may use minutes for entire call length. Partial minutes rounded up. The included 100MB of data may be depleted quickly and additional data usage could deplete your wallet balance unexpectedly if your wallet contains funds. Purchase a Prepaid Data Pass to support sustained data use. No data roaming. In order to transfer your phone number to another Ultra Mobile plan, a new SIM card and activation required. Prepaid Data Passes: Service available for time period and/or usage amount provided by Data Pass. Usage rounded up to the nearest KB each session. Only one Data Pass may be active at a time. Domestic use only for Data Passes. No U.S. roaming. Data only; does not include voice, messaging or Wi-Fi calling services. Videos stream at ~480p. © 2022 Ultra Mobile, Inc. T-Mobile is a registered trademark of Deutsche Telekom AG.
26. Trial Kit Terms
New activation is required. Use of the Ultra Mobile service is subject to the Ultra Terms & Conditions (available at Ultramobile.com/mobile-plans-terms-conditions), in addition to the terms in this Section 25.
For details on all features, visit Ultramobile.com. Ultra service is provided by UVNV, Inc., and is not available in all areas. All international long distance service included in the Ultra service is provided by a third party, which is not affiliated with Ultra Mobile. By purchasing Ultra products, you agree to activate and use such products only with the Ultra service. Ultra service is intended for your personal use, not for commercial use or resale. You must activate your Ultra service within one (1) year after purchase of your Ultra Mobile SIM card. 5G and/or 4G LTE access requires a capable device and SIM within an appropriate coverage area. Actual availability, coverage, and speed may vary. Each trial plan for new Ultra service includes a limited quantity of data, voice minutes, and SMS messages, subject to change at any time (“Trial Kit”). Trial Kit details are available at Ultramobile.com/trialplan. Trial Plans may only be activated through the my.ultramobile.com/trial. Trial Plan access to the Ultra Mobile network will cease on the earlier of: 1) your consumption of all of the data, voice minutes, and SMS messages available within your Trial Plan; or 2) seven (7) calendar days have elapsed since activation of your Trial Plan. Trial Plans are not renewable and you must become a paid subscriber to the Ultra service in order to continue your access to the Ultra Mobile network. Unlocked phone required. Please always refer to the Ultramobile.com website for the latest Terms & Conditions, Acceptable Use Policy, current rates, and service plan details for the Ultra service.
27. Ultra Single-Month & Multi-Month Plan Terms
Ultra Single-Month and Multi-Month Plans are subject to the Ultra Terms & Conditions, in addition to the terms in this Section 26. Advertised prices do not include the Recovery Fee. Taxes, fees, and additional restrictions apply. Payment for entire subscription period required in advance. Plans must be activated within 45 days of purchase. Not combinable with other offers. By activating/using Ultra Mobile’s service, you acknowledge and agree to be bound by the full Plan Terms & Conditions. Pricing, promotions, and terms & conditions are subject to change and may be modified or terminated at any time without notice. Data. 5G and 4G LTE access requires a capable device and SIM within an appropriate coverage area. Actual availability, speed, and coverage may vary. Unlimited Data. Unlimited Plan includes up to 40GB of 5G and/or 4G LTE data per month and Unlimited+ Plan includes up to 60GB of 5G and/or 4G LTE data per month. For all plans except for 250 MB plan, data speeds are reduced after use of monthly allotment and/or during times of network congestion. Data on 250MB plan is capped after high-speed data threshold is reached. Certain online activities may be limited and/or inaccessible on network after data speeds are reduced. MMS messages will no longer be able to be sent after reaching high-speed data threshold. One month equals 30 days, except that 12-month plans may be measured on 30-day and/or 31-day cycles, for a maximum of 365 days total. Partial megabytes rounded up. Video streams at ~480p on Unlimited Plan, Unlimited+ Plan, and 15GB Plan. Data for personal use in U.S. only. Hotspot. Tethering or hotspot data usage draws from monthly allotment of high-speed data or draws from throttled data plan if high-speed data has been exhausted. Unlimited Plan is limited to 10GB of high-speed plan data per month. Unlimited+ Plan is limited to 20GB of high-speed plan data per month. Unlimited Talk to 80+ Int’l Destinations. Visit www.ultramobile.com/international-calling/ for list of 80+ countries, including mobile/landline availability. List subject to change. Calls to additional international countries require INTL Call Credit or Wallet Balance and will be billed at the specified per-minute rates, or require uTalk (for applicable countries). uTalk. Calls to additional international countries available for additional monthly fee, limited to 10 unique numbers per month. Minutes capped at different amounts for different countries and rounded up.
See www.ultramobile.com/utalk/ for minutes and countries, incl. mobile/landline availability. List subject to change. International long-distance services are provided by a third party not affiliated with Ultra Mobile. International Credit and Roaming. Unlimited Plan includes monthly $5 international credit and one-time $5 international credit, each of which may only be used on available international long-distance services, which are subject to change. Same terms apply to Unlimited+ Plan except Unlimited+ includes monthly $10 credit and one-time $10 credit. Both Unlimited Plan and Unlimited+ Plan have ability to add-on coverage for international roaming for additional monthly charge, subject to available international services. Other Terms. Ultra Mobile service is provided by UVNV, Inc. Use of Ultra Mobile service is subject to the Ultra Mobile Terms & Conditions. © 2022 Ultra Mobile. All rights reserved.
28. Walmart Exclusive Plan Terms & Device Bundles
Walmart Exclusive Plan Terms
Available for new Ultra Mobile customers only. General. Online activation required at ultramobile.com. By activating/using Ultra’s service, you acknowledge and agree to be bound by the full Plan Terms & Conditions located at www.ultramobile.com/mobile-plans-terms-conditions/. Other taxes, fees, and restrictions apply. Pricing, plans, services, and features subject to change at any time without notice. Plans must be activated within 45 days of purchase. Unlimited Data. 5G and/or 4G LTE data included up to monthly allotment of purchased plan (40 GB on Unlimited Plan). These speeds will be reduced after use of monthly allotment of high-speed data or during times of network congestion. Certain online activities may be limited and/or inaccessible on network after 40GB on Unlimited Plan. One month equals 30 days. Partial megabytes rounded up. Video streams at ~ 480p on Unlimited Plan. Data in U.S. only. Hotspot. Tethering or hotspot data usage draws from monthly allotment of high-speed data (limited to 15 GB/month on Unlimited Plan). Usage Limitations. 5G and/or 4G LTE access requires a capable device and SIM. 5G capability offered at no extra cost. Actual availability, speed, and coverage may vary. Unlimited Talk to 80+ Int’l Destinations. Visit www.ultramobile.com/international-calling/ for list of 80+ countries, including mobile/landline availability. List subject to change. uTalk. Calls to additional international countries available for additional monthly fee, limited to 10 unique numbers per month. Minutes capped at different amounts for different countries and rounded up. See www.ultramobile.com/utalk/ for minutes and countries, incl. mobile/landline availability. List subject to change. International long-distance services are provided by a third party not affiliated with Ultra Mobile. Other Terms. Ultra Mobile service is provided by UVNV, Inc. Use of Ultra Mobile service is subject to the Ultra Mobile Terms & Conditions. © 2022 Ultra Mobile. All rights reserved.
Walmart Exclusive Device Bundle
Limited time, online only, new customer offer, while supplies last and subject to change at any time without notice. Phone locked to Ultra Mobile (12 month service req’d to unlock). New subs. purchasing Samsung A03s + Ultra Mobile 10GB 30-Day Prepaid Wireless Plan SIM Kit (the “Bundle”) will receive first month free. Must purchase additional 11 months of 10GB plan (regardless of plan increments) to unlock device after 12 months. Addt’l taxes, fees & restrictions apply. See full terms at www.ultramobile.com/mobile-plans-terms-conditions/. Terms subject to limitations of Device Bundle described herein, including 4G LTE only capability.
PLEASE NOTE: SAMSUNG A03s DEVICE IS NOT 5G CAPABLE (4G LTE DATA ONLY). SAMSUNG A03 DEVICE WILL BE LOCKED FOR 12 MONTHS FROM ACTIVATION, AND YOU WILL NOT BE ABLE TO USE DEVICE WITH ANY OTHER NETWORK SERVICE PROVIDER UNTIL COMPLETION OF 12-MONTH EXCLUSIVE SERVICE PERIOD WITH ULTRA MOBILE.
29. Ultra Add-a-Line
General. Ultra Add-a-Line (including all features described herein, including the formation of a “Multi-Line Account,” “Primary Account,” and “Secondary Account(s)”) are subject to change at any time without notice. May not be combined with other offers. Limited to five (5) phone lines, including four (4) Secondary Accounts (as described herein). By activating/using Ultra Add-a-Line, you agree to be bound by the full Ultra Mobile Plans Terms & Conditions, located at www.ultramobile.com/mobile-plans-terms-conditions/. Discount/Promos/Recurring Plan Add-Ons: Any pre-existing discounts, promotional pricing and/or recurring plan add-ons may terminate and not be available for the joining lines once they join the Multi-Line Account. Once the Multi-Line Account is created, only the Primary line will be able to add a Recurring Add-On. All lines associated with a Multi-Line Account (the group account used with Add-a-Line) are limited to using single-month Unlimited plans.
Primary Account Obligations and CPNI Agreement. The Primary Account (the designated subscriber who is solely responsible for activating and adding all lines for the Multi-Line Account, making all payments due, making plan changes and/or renewals, as described herein) agrees to be solely responsible for managing payment of the Multi-Line Account’s total amount due each month, which is equal to the sum of all members’ (Primary and Secondary Accounts’) monthly plan costs. If the entire amount due is not paid prior to the Multi-Line Account’s renewal date, all lines associated with the Multi-Line Account will be suspended until payment is made. Secondary Accounts may contribute payment towards the Multi-Line Account’s renewal balance, but such payment(s) does/do not guarantee renewal for those lines individually, or for the Multi-Line Account as a whole, unless the entire Multi-Line Account is paid when due. The Primary Account agrees to disclose the following CPNI (Customer Proprietary Network Information) to each user associated with their account: rate plan, plan cost, renewal date. After disclosing this information with each user, all users will continue to be able to view this information (and that of other Secondary Accounts), for as long as that user remains on the Multi-Line Account. Primary Account has sole ability to remove other members from Multi-Line Account. Each Secondary Account user may also voluntarily leave the Multi-Line Account. All account changes, including removing other Secondary Accounts or Secondary Accounts opting to leave the Multi-Line Account must be handled in-store at select, authorized Ultra Mobile retail locations.
Secondary Account and CPNI Agreement. A full payment of $24 is required to activate service for each new Multi-Line account member (Secondary Account). However, each new member’s first renewal date will be set to match the Multi-Line Account’s renewal date (which will correspond with Primary Account’s prior renewal date). This may result in a new member’s first month of service being shorter than 30 days. In the event a Secondary Account’s first service period is shorter than 30 days, a prorated credit will be applied towards the Multi-Line Account’s next renewal. If Secondary Account is removed from Multi-Line Account, either by Primary Account or by Secondary Account themselves, the pending credit will be removed from the Multi-Line Account and the Secondary Account’s renewal date as an individual subscriber will be extended to ensure a full 30 days during the first service period. Cancellation or suspension for any other reason may result in forfeiture of all credits. Each Secondary Account agrees to share CPNI per the above.