Plan Terms & Conditions

These Terms and Conditions (“T&Cs”) are part of your service agreement with UVNV, Inc., including its affiliates, assigns, and agents (“UVNV”,“Ultra Mobile,” “we,” “us,” or “our”) and constitute a contract under which we provide you with a fixed wireless internet service under terms and conditions that you accept. Fixed wireless internet service refers generally to a wireless high-speed broadband internet access service that offers you a capability for acquiring or retrieving information from; generating, storing, transforming, processing, or utilizing information on; or making available information to other Internet endpoints connected directly or indirectly via a fixed wireless connection to the Ultra Mobile network. The fixed wireless internet service that we are providing to you, under the terms and conditions set forth herein, is referred to throughout these T&Cs as the “Service.” Your service agreement (the “Home Internet Services Agreement” or “Agreement”) with us includes (i) these T&Cs, (ii) our Privacy Policy, (iii) our Acceptable Use Policy, (iv) any subscriber agreement or transaction materials that you sign or accept, (v) the service plan(s), relating to the Service, 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), referred to throughout these T&Cs as the “Service Plan(s)”; (vi) any confirmation materials that we may provide to you, (vii) the terms set forth in any applicable coverage map brochures, and (viii) 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 you (“Service”); your approved modem or wireless router, SIM card, and other approved equipment or approved 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.
1. Acceptance. YOUR AGREEMENT WITH ULTRA MOBILE STARTS WHEN YOU ACCEPT.
You represent that you are at least eighteen (18) years old (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 an “Ultra Mobile Device” (a Device purchased from Ultra Mobile, an Ultra Mobile dealer, or other Ultra Mobile authorized retailer (“Dealer”)). IF YOU DO NOT WANT TO ACCEPT, DO NOT DO ANY OF THESE THINGS
2. Dispute Resolution and Arbitration.
ULTRA MOBILE AND YOU EACH 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 includes 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 Ultra Mobile terminates. For the avoidance of doubt, claims under the Telephone Consumer Protection Act are subject to this Dispute Resolution and Arbitration Clause. Ultra Mobile and you each also agree that the Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision in Section 21). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).
For all disputes (except for Puerto Rico customers), you must first give us an opportunity to resolve your claim by sending a written description and supporting documentation of your claim to the address set forth in Section 12 below. 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 billing 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. 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. For claims of less than Seventy-five Thousand Dollars ($75,000.00), the AAA’s Consumer Arbitration Rules will apply; for claims over Seventy-five Thousand Dollars ($75,000.00), the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org. Upon filing of the arbitration demand, Ultra Mobile and you will share equally all filing, administration and arbitrator fees for claims that total less than Seventy-five Thousand Dollars ($75,000.00). For claims that total more than Seventy-five Thousand Dollars ($75,000.00), the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration 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 10.2 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 INTERNET 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 legal@ultra.me, (ii) calling (888) 777-0446, or (iii) managing your account preferences on the http://homeinternet.ultramobile.com 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.
5. Approved Devices
You must use an approved Device to access the Ultra Mobile network. Only certain Devices are supported. Additionally, your ability to connect to the Ultra Mobile network through a connecting device (e.g., phone, tablet, computer, TV, or other device) requires the use of a supported, compatible connecting device within an appropriate distance of the Device. Please be advised that wireless routers are not compatible with analog systems. Ultra Mobile will provide you with a list of approved supported Devices upon your request. Bypass equipment, gateways, automated relay devices and any other devices (including Devices) used for commercial or re-direction purposes are not supported Devices and violate our Acceptable Use Policy. Failure to use an approved Device when accessing our network will result in immediate termination of your Service.
5.1 Ultra Home Internet SIM. You must use the Ultra Home Internet SIM in approved Devices and cannot use the Ultra Home Internet SIM in any other devices.
6. Service Availability
Coverage maps only approximate our anticipated wireless coverage area outdoors and indoors; 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
The Service provides only broadband Internet access and is neither required to provide, nor provides, 911 calling services. We shall not be responsible or liable for any voice application or service, including without limitation such applications or service’s provision of 911 calling, unless such application or service is provided by Ultra Mobile and Ultra Mobile agrees to such responsibility and liability in writing.
8. Service Plans
8.1 General. Your Service will operate only after you have purchased and redeemed a Service Plan. Please visit our website at http://homeinternet.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 or on such other Devices connected with your account and as designated in your Service Plan. For disputed charges, see Section 11. You agree to provide us with accurate and complete billing information and to immediately report to us all changes to your billing information.

8.3 Data Usage. 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. All data usage will be decremented from your data bucket including, among other things, streaming web browsing, and any speed tests you may choose to run. All data purchased with a Service Plan (both data that comes with a particular Service Plan and any additional data you purchase as an add-on), will expire immediately upon termination of your Service Plan for any reason.

8.4 Permissible and Prohibited Uses. Your Data Plan is intended for Web browsing, streaming, messaging and similar activities while connected to the wireless network on your Device at the Device location (physical address) you provided to us when signing up for your Data Plan. You are prohibited from attempting to connect to the Device’s wireless network, at any time, in any other location than the Device location (physical location) you provided to us when signing up for your Data Plan. You must provide us with five (5) days’ notice before attempting to connect to the Device at any new physical address. We may suspend or terminate service if you do not provide us with advance notice of a new Device location, or if you otherwise attempt to connect to the Device in any other physical location. We reserve the right to suspend or terminate service based on any relocation (including any requested or attempted relocation) of the Device, including but not limited to suspension or termination for excessive location changes to the Device. Additional examples of prohibited uses can be found in Section 13 of these T&Cs and in our Acceptable Use Policy, which is incorporated herein by reference. Any change in physical address may result in additional fees and/or plan changes. Any moving vehicle, such as a recreational vehicle, is not a permissible Device location.

8.5 Data Usage Level. Ultra Mobile has set a 30-day 5G and/or 4G LTE data usage level (“Usage Level”) for each of its Service Plans. 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 period (“Usage Total”), exceeds the 30-day Usage Level for the Service Plan you selected. Partial megabytes are rounded up. Please note that “Actual Usage” includes all your requests to upload or download data, whether or not such data is actually uploaded or downloaded, as well as network overhead. If you exceed your Service Plan’s 30-day Usage Level, Ultra Mobile 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 period. Any reduction in your data speed depends upon your Service Plan and can be found in our FAQs, but in no instance will be faster than 128 kbps. Ultra Mobile may also reduce speeds during times of network congestion. If you continue to send and/or receive a substantial amount of data (as determined by Ultra Mobile in its sole discretion) after our initial reduction of your data speed, we may further reduce your data speed. Once you begin a new 30-day period in your Service Plan, your Service Plan Usage Level will be reset and your upload and download speeds will be restored. For example, if a customer purchases a Service Plan that includes up to 1 gigabyte of high speed data at 5G and/or 4G LTE speeds during a given 30-day period, then the first gigabyte of data requested by that customer in that 30-day period will be provided at up to 5G and/or 4G LTE speeds (subject to 5G and 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). Any data uploaded or downloaded by that customer in excess of 1 gigabyte will be provided at reduced speeds at a max of 128 kbps. Please be aware that your Usage Level is much more likely to exceed your Service Plan’s 30-day Usage Level if you use streaming video, or if you download significant quantities of music files, movies, software applications, or engage in other high-bandwidth activities.

8.6 Protective Measures. To provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance, we 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 may suspend, terminate, or restrict your data session, or switch you to a more appropriate Data Plan which may result in an increased cost. We also manage our 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 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, which may affect the performance and download times of data-heavy activities such as video-streaming on our unlimited plans. 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. Detectable video may typically stream at DVD quality or Standard Definition. The streaming video optimization process is agnostic as to the streaming video content itself and to the website that provides it. 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.

8.7 Downloadable Content and Applications. Content or applications (e.g., downloadable or networked applications, and productivity tools) (collectively, “Content & Apps”) that you can purchase with your connecting device (e.g., television, laptop, tablet, phone) while connected to the Device are not sold by Ultra Mobile. Ultra Mobile 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 may continue to have contact with our network without your knowledge, which may result in additional charges Software on your Device may automatically shut down or limit the use of Content & Apps or other features or Services without warning. Ultra Mobile is not responsible for any third-party content, advertisements, or websites you may be able to access using your Device.

8.8 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 Ultra Mobile’s Service, you agree and authorize Ultra Mobile and its network carrier 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.

8.9 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.
9. 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.

Fees. The following are fees associated with Ultra Home Internet service.
  • Activation Fee: $25 One-time fee at initial purchase/activation of plan
  • Financing Fee: $15 At initial purchase of CPE
  • Late Payment Fee: $5 Due at time of late payment
  • Re-Activation Fee: $25 At time of late payment - after 30 days from renewal date has lapsed
  • Credit Card/Convenience Fee: 2.5 % At one-time credit card payment. Waived for Auto Renew and ACH
  • Device Return - Restocking Fee: 15% of the device price which will be deducted from the refund to the customer
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 you identified as your Place of Primary Use (“PPU”). The PPU for Puerto Rico must be in Puerto Rico. If you did not identify the correct PPU, 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 a default location 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. Your Right to Dispute Charges.
10.1 Sales and Use Taxes. 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.

10.2 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., 1550 Scenic Avenue, Suite 100, Costa Mesa, California 92626, 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.
11. Notices and Customer Communications.
11.1 Receipt of Communications. By providing us with your telephone number, physical address and/or electronic address (e-mail address), you expressly consent to receive all communications, agreements, documents, notices and disclosures (“Notices”) from us, at that number and/or address(es). Notices from us to you are considered delivered when we deliver them to the phone number you provided us, 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. We may send you text messages using an “auto-dialer” and we may make calls using a prerecorded or artificial voice. We may send you messages relating to your account, including but not limited to information related to the Services, the Device, or any other products or services you have purchased from us, including your usage thereof; messages relating to charges, fees, and payment; and messages relating to fraud prevention or investigation (“account-related messages”). Standard telephone minute and text charges may apply. Although doing so will impair our ability to deliver important information to you, you may opt-out of receiving autodialed text messages or prerecorded/artificial voice calls (including texts or calls constituting account-related messages as defined above) at any time, as provided below. However, you may not opt-out of receiving account-related e-mails, live phone calls, or mail at your physical address.
11.2 Opt-In (and Opt-Out) of Messages. You may choose to opt-in to receive additional types of autodialed text messages or prerecorded/artificial voice calls at the telephone number you provided to us, including but not limited to messages to inform you about products or services that may be of interest to you. Any such opt-in (e.g., via checkbox) shall constitute your express written consent to receive whatever additional categories of messages indicated upon selection of your opt-in preference. You do not have to consent to receive these additional types of autodialed text messages or prerecorded/artificial voice calls in order to use the Services. You may opt-out at any time from receiving autodialed text messages or prerecorded/artificial voice calls (including the above-described account-related messages, as well as any other categories you previously elected to receive), by any reasonable means, including by (i) contacting our customer service department at legal@ultra.me, (ii) calling 855-702-2909, (iii) writing to: UVNV, Inc., 1550 Scenic Avenue, Suite 100, Costa Mesa, California 92626, Attn: Customer Service, or (iv) managing your account preferences on the Ultra Mobile 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.
To begin arbitration or other legal proceeding, you must serve our registered agent. Our registered agent is UVNV, Inc., and can be contacted at legal@ultra.me or by telephone at 855-702-2909.
12. 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.
13. 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 Internet browsing and ordinary content downloads or related activities (and your use of Ultra Mobile Service must be initiated from your supported, compatible Device), only while connecting to the Device at the Device location (physical address) you provided to us while signing up for your Data Plan. You agree not to use (or attempt to use) any portion of the Device with any other device. You further 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 or fraudulent activity, or in conduct that otherwise may adversely affect our customers, employees, business, or any other person(s), or that may interfere 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 or excessive purchases (and/or attempted purchases) of products and/or services relating to your Ultra Mobile Service Plan in any given month; (c) tampering with or modifying your Device; (d) “spamming” or engaging in other abusive or unsolicited communications; (e) reselling Devices for profit, or tampering with, reprogramming or altering Devices for the purpose of reselling the Device; (f) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, Ultra Mobile or another entity’s network or systems; (g) connecting, or attempting to connect, to the Device, at any time, in any other location than the Device location (physical address) you provided to us when signing up for your Data Plan (or at a new Device location of which you provided us 5 days’ advance notice before attempting to connect to the Device); or (h) assisting or facilitating anyone else in any of the above activities.
14. Our Rights to Limit or End Service or the Agreement.
14.1 WE MAY LIMIT, THROTTLE, SUSPEND OR TERMINATE YOUR SERVICE OR AGREEMENT WITHOUT NOTICE AT ANY TIME AND FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, if we determine, at our sole discretion, that 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 13 above, including any acts or omissions by any such user that we deem, in our sole discretion, may fall under any category listed in Section 13; (e) uses your Service or Device in a manner that we deem, in our sole discretion, 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 messages or sessions, 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 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 for any misuse of Service or Device as specified in Section 13, all within our sole discretion. 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 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 using an abnormally high volume of data or your data usage is otherwise harmful or disruptive to Ultra Mobile’s 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 data usage and/or 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 supplier’s network, Ultra Mobile’s service or the ability to provide quality service to other customers. By initiating Service and using our data Service Plans, 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.

14.2 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 14.1 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 14.1 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.

14.3 Device Refunds and Restocking Fees. For Ultra Mobile-provided Devices, SIM Kits and accessory returns and exchanges, see the applicable return policy, which is available at homeinternet.ultramobile.com 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.

14.4 No Future Service. In the event Ultra Mobile terminates your Service for any reason specified in Section 14.1 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. 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.
16. privacy information
Our Privacy Policy governs how we collect and use information related to your use of our Service, is expressly incorporated by reference into the Agreement, and is available online at www.ultramobile.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 notify you by email to the primary email address specified in your account. The date the privacy policy was last revised is identified at the top of the page.. Data on your Device may automatically be stored on your SIM card, 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 supplier’s network servers.
17. 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.
18. 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. 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.
19. 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.
20. 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, 6-11, and 14-21 of this Agreement continue after termination of our Agreement with you.
21. 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.
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