Flash Mobile Terms and Conditions of Service
Last Updated: January 1, 2023
Please read these Terms carefully. They cover important information about our services provided to you (“Service”); your phone, handset, device, SIM card, data card, or other equipment or third-party device used with our Service (“Device”); and any charges associated with your Rate Plan, access and usage charges, taxes, fees, assessments, surcharges, and other charges we bill you or that were accepted or processed through your Device (“Charges”). These Terms 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 user(s) on your account will have access to account information and may be able to make changes to the account. An ‘authorized user’ is someone you authorize to access and manage your account, so they can:
- make changes to your account;
- add or remove services or features to your account;
- receive notices and disclosures on your behalf; and
- incur Charges on your account.
The easiest way to designate an authorized user is online through your Flash Mobile account. Keep in mind that you should not share your account validation information or your PIN/passcode. An authorized user will need to verify their identity before we provide access to account information. When calling us, a caller must authenticate by verifying the account PIN/passcode. This information is sensitive; therefore, take steps to protect it. We will treat presentation of the proper account validation information as authorized access to an 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 Terms.
1. Acceptance and Activation. You represent that you are of legal age (which means you are either legally emancipated or have reached the age of majority as defined in your jurisdiction) 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) purchasing, activating and/or using our Service; (c) using your Service after you make a change or addition; or (d) paying for the Service or a “Flash Mobile Device” (a Device purchased from Flash Mobile or other Flash Mobile authorized agent (“Dealer”)). IF YOU DO NOT WANT TO ACCEPT, DO NOT DO ANY OF THESE THINGS. To use Flash Mobile Service, you must first activate a SIM Kit that can be used to activate a compatible Device you already own or have purchased through a Dealer. To activate your Service, you must also purchase a Rate Plan and enroll in Auto-Pay (as described in Section 7.2 below). You may activate your Service online by logging into your account. If you have purchased a SIM Kit to activate your own phone, follow the instructions that came with the SIM Kit to activate your Service. When you order your Service, you will be provided with a telephone number unless you elect to transfer or “port” an existing telephone number you are using with another provider. In certain instances, you may not be able to transfer an existing telephone number for reasons outside of our control. See the Porting Terms and Conditions for details. Your Service cycle will begin upon activation. You acknowledge that you have no ownership rights to any telephone number associated with your Service and you agree that we may change any telephone number associated with your Service at any time without prior notice or liability to you. Our Service can only be activated where Flash Mobile Service is offered and supported. The wireless telecommunications networks and facilities used to transmit the voice, text, and data services that support the Service are owned and operated by mobile network operators and their resellers and not Flash Mobile.
2. No Refunds for Your Cancellation of Service Plans. You may cancel any Rate 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 Rate Plan.
3. 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 TERMS, OUR SERVICES, INCLUDING RATE PLANS, 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 MOBILE APP, OR (II) SEND THEM TO YOU (ELECTRONICALLY OR OTHERWISE). BECAUSE THESE TERMS 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 RATE PLAN (THE MONTHLY RECURRING CHARGES, EXCLUDING USAGE AND OTHER CHARGES), YOU WILL HAVE FIVE (5) DAYS FROM THE DATE WE POST OR NOTIFY YOU OF THE REVISED SERVICE FEE TO TERMINATE YOUR SERVICE PLAN BY (I) CONTACTING CUSTOMER CARE VIA CHAT OR THE VIRTUAL ASSISTANT THROUGH OUR WEBSITE, OR (II) MANAGING YOUR ACCOUNT PREFERENCES ON THE FLASH MOBILE WEBSITE OR MOBILE APP. 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.
4. Compatible Devices. You must use a supported, compatible Device to access the Service. Only certain phones and tablet computers are supported Devices. You can check the compatibility of your Devices by visiting Flash Mobile’s website, but you are solely responsible for ensuring that the Device is unlocked, compatible with the Service, does not interfere with the Service and that it complies with all applicable laws, rules, and regulations. Not all aspects of the Service are available on all wireless networks or will function on all phones, including Devices activated under the Bring Your Own Device program. 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.
5. Service Availability. Coverage maps are for general informational purposes only and depict the general coverage area of Flash Mobile Service. Flash Mobile does not guarantee coverage or Service availability and the coverage maps are not a guarantee of coverage. Coverage maps display only the predicted and approximate optimal wireless coverage, while outdoors, of the network on which your Device may be activated, including the coverage area of the network’s roaming partners, if applicable. The coverage areas shown do not guarantee service availability and may include locations with limited or no coverage. Within coverage areas, there may be significant limitations or interruptions in coverage that may impact Service and result in dropped and blocked connections, slower data speeds, no data connectivity, and call interference. This could occur due to many factors including, but not limited to, your device, network changes, network traffic volume, network prioritization, network outages, technical limitations, signal strength, the terrain and your proximity to buildings, foliage and other obstructions, weather and other conditions. You will not be able to operate your phone or make 911 calls if service is not available. Some features on your device may not operate when roaming on the network of a network roaming partner. The coverage depicted on coverage maps is based on the information provided by network providers and public sources and we cannot guarantee their accuracy.
6. Important Emergency and 911 Information and Emergency Alerts. When making a 911 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. Flash Mobile is not responsible for failures to connect or complete 911 calls or if inaccurate location information is provided. 911 service may not be available or reliable and your ability to receive emergency services may be impeded. e or our network providers may use a variety of information and methods to determine the location of a 911 call, including Global Positioning Satellites, our network provider’s wireless network, the street address you have provided us when you ordered Service 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 911 call and neither Flash Mobile nor its network provider determines the public safety agency to which your 911 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 911 location services, while the port is being implemented. If you are porting a phone number to Flash 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 911 while outside the U.S., 911 services may not be available.
Wi-Fi Calling services use a broadband internet connection to make calls, including calls to 911. Calls to 911 using Wi-Fi Calling operate differently than 911 calls made over a cellular network or a landline phone. If possible, use a cellular connection or a landline phone to place any 911 calls. If a cellular connection is available when you a place a 911 call, your handset will make the 911 call using the handset’s native dialer over the cellular connection to improve call quality and location accuracy even if you have Wi-Fi Calling services enabled. When you call 911 over Wi-Fi away from your Primary Address, we and our network supplier may have no, or very limited, information about your location.
Flash Mobile participates in the wireless emergency alert program administered by the federal government within portions of its network. This allows federal, state, and local government agencies to send alerts about local emergencies to Flash Mobile customers in specifically defined geographic areas. Wireless emergency alert or WEA-capable handsets with appropriate notification settings are required for the service. There is no additional charge for these wireless emergency alerts.
7. Rate Plans.
7.1 General. The Service is intended for residential use only. Your Service will operate only after you have purchased and redeemed a Flash Mobile Rate Plan. Please visit our website at www.flashmobile.com for the latest information regarding our Rate Plans.
7.2 Charges and Auto-Pay. You agree to pay all Charges in advance before the first day of your Service cycle. Charges cannot be paid in arrears, other than 411 charges. You also agree to pay in advance all Charges we assess or that were accepted or processed through all Devices on your account. You must authorize recurring payment of your Service Charges through a payment card, which authorizes us to charge all amounts you owe us to the payment card on or prior to the due date and to demand immediate payment from the card issuer (“Auto-Pay”). We may change the day on which we charge your payment card, in our sole discretion, but in no event will that day be more than five (5) days prior to the due date. Unless required by law, we will not obtain additional consent from you before charging your payment card. While we endeavor to provide you with notice of an upcoming charge, usually by email or SMS text, failure to provide you with such notice will not affect our right to charge your card for the amount then due. You must promptly notify us of any change in the card you want to use for payment as well as any changes to your billing address. Please see the Auto-Pay Terms and Conditions for more details. Flash Mobile reserves the right, in its sole discretion, to stop accepting cards from one or more issuers. Failure to maintain a valid payment card on file or to update your information is considered a breach of this Agreement and could result in your Service being suspended or terminated. For disputed Charges, see Section 10. Through our Auto-Pay service, you may benefit from a discount per line on your account. This discount will apply as long as your payment remains current. You acknowledge that if your payment is rejected, refused, returned, disputed, or reversed by your card issuer for any reason, and payment is not received in full by the due date, Flash Mobile has the right to suspend your account, charge a reactivation fee (in addition to any late fees that may apply) and to remove the Auto-Pay discount for the next Service cycle.
7.3 Voice Usage. Rate Plans may 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 the network provider 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.
7.4 Data Usage and Messaging. Rate Plans may 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 a Rate Plan (both data that comes with a particular Rate Plan and any additional data you purchase as an add-on) does not carry forward and will expire immediately at the end of the Service cycle or upon the earlier termination of your Rate Plan, for any reason.
7.5 Permissible and Prohibited Uses. Your Data Plan is intended for Web browsing, messaging, and similar activities on your Device. Examples of prohibited uses can be found in Section 13 of these Terms and in our Acceptable Use Policy.
7.6 Data Usage Level. lash Mobile has set a 30-day 5G and/or 4G LTE data usage level (“Usage Level”) for each of its Rate Plans. Our network provider measures your upload and download data usage (“Actual Usage”) to determine if your total Actual Usage, as aggregated over the applicable 30-day period exceeds the 30-day Usage Level for the Rate Plan you selected. Partial megabytes are rounded up. Please note that “Actual Usage” includes all of your requests to upload or download data, whether 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 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 to your Device. If you exceed your Service plan’s 30-day Usage Level, Flash Mobile will reduce the speed at which you can send and receive data over the Flash Mobile network until the end of the applicable 30-day period. Flash 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 Flash 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 Rate Plan, your Usage Level will be reset and your upload and download speeds will be restored.
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, a Mobile Hotspot (tethering), or if you download significant quantities of music files, movies, software applications, or engage in other high-bandwidth activities.
7.7 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. To provide the best possible experience for the most possible customers, we prioritize the data usage of a small percentage of our heavy data users, below that of other customers. This threshold number is periodically evaluated and may change over time. Customers whose data is prioritized lower may notice speeds lower than customers with higher priority in times and locations where there are competing customer demands for network resources. We prioritize smartphone and mobile internet (tablet) over Smartphone Mobile Hotspot (tethering) traffic on our network. 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.
7.8 Wi-Fi Feature. Flash 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 Flash Mobile, Wi-Fi Calling will only be available for Flash Mobile customers that (i) have a Wi-Fi capable Device with Flash Mobile supported Wi-Fi calling capability, (ii) have Wi-Fi Calling service provisioned on their account, (iii) have a compatible SIM card, and (iv) are connected to functioning third-party internet service. Not all services available on Flash Mobile’s provider’s network are available while using Wi-Fi Calling. For example, emergency alerts may not be available with Wi-Fi Calling. You acknowledge that calling 911 via Wi-Fi Calling uses the internet and operates differently than traditional 911. For example, 911 may not work during power or internet outages or disruptions, or if internet or your Service is suspended. Location information when using Wi-Fi Calling may be limited or unavailable. Please see Section 6 above for more details. Neither Flash Mobile nor its network provider 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 911 calls or otherwise). Wi-Fi Calling may decrement Rate 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.
7.11 Domestic Roaming. Device may connect to another provider’s network (“Roaming”) even when you are within the Flash Mobile coverage area. Check your Device to determine if you are Roaming. Your Rate Plan applies monthly thresholds for domestic Roaming. These are subject to change but currently stand as: 500 minutes; 200MB of domestic roaming data; or 2000 SMS per billing cycle. Voice traffic will be blocked, and data throttled once thresholds are met until the beginning of the next Service cycle. Due to carrier restrictions, Flash Mobile reserves the right to terminate the Service of any customer whose Roaming usage exceeds 50% of their total usage in any two (2) Service cycles within a 12-month period.
7.12 Late Fees. We may charge a late fee of up to the highest amount allowed by law. We may also charge a returned payment fee at the highest amount permissible by law. We may restrict your payment methods to secure forms of payment at any time for good reason. If you fail to pay on time and we refer your account to a third party for collection, a collection fee will be assessed by Flash Mobile and will be due at the time of the referral to the third party. The fee will be calculated as a percentage of the amount due to the extent permitted, or not otherwise prohibited, by applicable law. If we accept late or partial payments, you still must pay us the full amount you owe, including late fees. Late payment, non-payment, reactivation and/or collection fees are intended to be a reasonable advance estimate of our actual costs resulting from late payments and non-payments by our customers; these costs are not readily ascertainable and are difficult to predict or calculate at the time that these fees are set. You and we each agree that if you fail to timely pay amounts due, we 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 costs of collection permitted by law or this Agreement. If your account is unpaid or otherwise not in good standing, your service may be reduced, suspended, or terminated.
7.13 Suspension and Disconnection. Your account may be suspended due to nonpayment and will remain in a suspended status for 26 days. If your account is not reactivated within the 26-day period, it will be disconnected. To reactivate your account, you will need to make your payments current and pay the applicable reactivation fee, plus any late fees and collection fees assessed on your account. If your account is disconnected, 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.
8. International Long Distance / Global Text / International Roaming
8.1 International Long Distance (“ILD”). Your Flash Mobile Service allows you to place calls to landlines and cellular phones in Canada and Mexico at no additional charge. See www.flashmobile.com for available plans, countries and details, which are subject to change without prior notice. A single end user is allowed no more than 5,000 minutes of calling to Canada and Mexico in any given Service cycle. ILD calls are rounded to the next minute. ILD voice packages for other countries may be purchased for an extra charge and will be added to your account (“Wallet”) and any unused balance may be carried forward. Conditions and limitations may apply. Review the applicable ILD package for details. Per minute ILD rates will be displayed on our website and are subject to change without notice. Your Flash Mobile ILD Service is available only while you are in Flash Mobile’s service area and will not work in areas served by our roaming partners. Flash Mobile’s ILD Service allows you to place calls to select destinations internationally. It will not allow you to place calls to all destinations and is not a substitute for all international services. The destinations which are available may change without notice. ILD service is provided by other carriers, many of whom Flash Mobile does not have any contractual relationship or service level agreements. In addition, the service provided by these third parties may not be the same as service provided in the United States or by other international long-distance carriers. In many cases, the ILD Service may be provided using voice over Internet Protocol (“VoIP”) to certain countries or destinations. Events beyond our control may affect our services, such as power outages, fluctuations in the Internet, or maintenance. Accordingly, we cannot control the call quality of international calls.
8.2 Domestic and International texts. Flash Mobile allows you to send Short Message Texts (SMS) between 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 a domestic or international mobile-to-mobile destination.
8.3 International Roaming. You must first select an International Roaming package to add to your Wallet before you can roam internationally. International Roaming packages may be purchased for an extra charge; unused balances may be carried forward. All countries may not be available for Roaming, and available countries may change from time to time; see our website for available packages, countries and details, which are subject to change without prior notice. Conditions and limitations may apply. Review the applicable Roaming package for details. You may be charged for more than one call for unanswered calls that are forwarded to voicemail regardless of whether the calls result in actual voicemail messages being left for you and regardless of whether your Device is on or off. Different rates and rounding increments apply in different countries. While Roaming internationally, your data throughput may be reduced, and your Service may be otherwise limited or terminated at any time without notice. You are responsible for complying with U.S. Export Control laws and regulations, and the import laws and regulations of foreign countries when traveling internationally with your Device. The availability of, and access to, emergency calling services (e.g., 911 in the U.S.), may vary by country. You should familiarize yourself with how to access these services before using your handset for international Roaming.
9. Taxes, Fees and Surcharges. You are responsible for, and shall pay, the taxes, fees, and surcharges (“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 payment card on file. Tax, Fees, and Surcharges are subject to change without prior notice. You agree to pay all Taxes, Fees, and Surcharges applicable to your Service. Certain Rate Plans may be inclusive of Taxes, Fees, and Surcharges, like our Unlimited Elite Rate Plan and may be denoted as such on our website. If not specifically denoted as inclusive of Taxes, Fees, and Surcharges then the default position is that Taxes, Fees, and Surcharges apply. Surcharges are not mandated or imposed on you by law, they are Flash Mobile Charges that are determined, collected, and retained by us. Surcharges include charges, costs, fees, and certain taxes that we incur to provide Services (and are not government taxes or fees imposed directly on our customers). Examples include general and administrative fees (such as certain costs we incur to provide Service), as well as governmental-related assessments (such as Federal or State Universal Service fees, regulatory or public safety charges, environmental fees, and gross receipts taxes).
9.1 Sales and Use Taxes. Sales and use taxes are assessed to allow Flash 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 Flash Mobile Service. To determine sales and use taxes, we will use the street address you identified as your Place of Primary Use .If you did not identify the correct Place of Primary Use, 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.
9.2 911 Fees. Each state, city, municipality, or county has specific charges that are levied for access to 911. Determination of the applicable 911 charges depends on your Primary Address. Flash Mobile may bill its customers for 911 charges. Any such 911 charges are a monthly recurring charge assessed on a per line basis and will appear on your monthly invoice.
10. Your Right to Dispute Charges. 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 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 small claims court. 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 20 below. To contact or notify us, see Section 11.
11. Notices and Customer 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 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.
Should You have any questions with respect to these Terms or your Agreement, please contact Flash Mobile Customer Care via chat or through the virtual assistant by visiting the Flash Mobile website or Flash Mobile App.
Any formal notice or written communication addressed to us should be sent to ACN Communication Services, LLC, 1000 Progress Place, Concord, NC 28025. Any notice of legal proceedings must be served on our registered agent CT Corporation at the applicable State address (see https://www.wolterskluwer.com/en/solutions/ct-corporation/sop-locations).
Your consent to be contacted. We may contact you without charge, on any wireless telephone number assigned to your account for any purpose, including marketing, and in any manner permitted by law. You also expressly consent to be contacted by Flash Mobile or our agents for any purpose, including billing and, collection, at any mailing address, telephone number, or any other electronic address where you may be reached. You agree that Flash Mobile or our agents may contact you in any manner, including pre-recorded artificial voice or an automatic telephone dialing system. You agree to notify us promptly if you can no longer be reached at a contact number you provided us. You represent that you have received the consent of any authorized users and other users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your Service and account.
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.
13. Misuse of Service or Device. In addition to and/or without prejudice to the matters set out in the Acceptable Use Policy, Rate Plans are intended for residential use for the following purposes: (i) voice calls; (ii) web browsing; (iii) messaging; (iv) email; (v) streaming music; (vi) uploading and downloading applications and content to and from the internet or third-party stores; (vii) using applications and content without excessively contributing to network congestion; and (viii) tethering your Device to other non-harmful devices pursuant to these Terms and allotments of your Data Plan. 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 or fraudulent 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 Flash 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 Flash Mobile Devices for profit, or tampering with, reprogramming or altering Flash Mobile Devices for the purpose of reselling the Flash 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, Flash 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.
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 our agreement with a wireless network provider is terminated for any reason, or 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 the Acceptable Use Policy or in Section 13 above; (e) uses your Service or Device in a manner that is excessive, unusually burdensome, or unprofitable to us; or (f) are on a Rate 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, in our sole discretion and without notice. “Unlimited data” single-month plan subscribers will experience reduced speeds and increased latency after using the specified allotment of high-speed data within a given monthly period.
Flash Mobile reserves the right to cancel or deactivate Service or reduce data throughput speeds in order to protect its provider’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 Flash Mobile Service. Flash Mobile reserves the right to limit throughput or the amount of data transferred and to deny or terminate Service to anyone Flash Mobile believes is using their Service in an unauthorized manner or whose usage, in Flash Mobile’s sole discretion, adversely impacts its provider’s network or customer service levels. Flash Mobile will presume you are engaging in an unauthorized use in violation of these Terms, if in Flash 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 Flash Mobile’s provider’s network or service levels or to Flash Mobile’s financial or other interests. If we determine, in our sole discretion, that you are using your Service in violation of these Terms 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 Rate Plan without an unlimited usage component which may result in an increased cost to you.
Flash 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 Flash 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 Flash Mobile customers; or (ii) may be harmful or disruptive to, or interfere with, Flash Mobile’s provider’s network, Flash 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 Flash 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.
14.2 Refund Policy. If you have purchased one of our 30-day Rate 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 Rate Plan.
14.3 Device Refunds. For a Device you activated through the bring your own device program or purchased through a Dealer, you will need to consult the applicable return and exchange policy. Flash Mobile does not process returns or exchanges or any warranty claims for these Devices.
14.4 No Future Service. In the event Flash Mobile terminates your Service for any reason specified in Section 14.1 or otherwise, we reserve the right to prohibit you from using any Flash Mobile Service in the future, by blocking your device from our network, prohibiting you from using a new Flash 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 Flash Mobile or any third party. Except for a limited license to use the Services, your purchase of Services and Flash Mobile Devices does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of Flash Mobile or others related to the Services and Flash Mobile Devices. This intellectual property may be used only with Flash Mobile Service unless expressly authorized by Flash Mobile. You agree that a violation of this section harms Flash Mobile, which cannot be fully redressed by money damages, and that Flash Mobile shall be entitled to seek immediate injunctive relief in addition to all other remedies available.
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 ONE (1) YEAR 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. Dispute Resolution and Arbitration. FLASH MOBILE AND YOU EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, 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 Flash Mobile terminates. For the avoidance of doubt, claims under the Telephone Consumer Protection Act are subject to this Dispute Resolution and Arbitration Clause. Flash 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 24). 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, 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 11 above. Flash Mobile and you each agree to negotiate your claim in good faith. If Flash Mobile and you are unable to resolve the claim within sixty (60) days after Flash Mobile receives your claim description and supporting documentation, you may pursue your claim in arbitration.
As an alternative to arbitration, either you or we may choose to resolve billing disputes in small claims court in the county of your most recent billing address. Flash Mobile and you each agree that if you fail to timely pay amounts due, Flash 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 11) 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, Flash 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.
CLASS ACTION WAIVER. FLASH 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 FLASH MOBILE.
JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, FLASH MOBILE AND YOU EACH WAIVE ANY RIGHT TO A JURY TRIAL.
21. Enforceability. 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 20, if any part of the Agreement is held invalid, that part may be severed from the Agreement.
22. Assignment. 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.
23. Entire Agreement. The Agreement is the entire agreement between Flash Mobile and you and defines all of the rights you have with respect to your Service or Flash 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; Flash Mobile is not a party to that agreement. You have no contractual relationship with any wireless network provider, and you are not a third-party beneficiary of any agreement Flash Mobile has with any wireless network provider. You acknowledge and agree that no wireless network provider will have any legal, equitable or other liability to you of any kind. Any determination made by us pursuant to this Agreement, shall be in our sole reasonable discretion. The provisions of these Terms which by their nature and the context in which they appear would reasonably be expected to survive termination of these Terms, including but not limited to, those relating to Disclaimer of Warranties, Limitations of Liability, Indemnification, Dispute Resolution, and Arbitration and Choice of Law, shall survive its termination.
24. Choice of Law. This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of North Carolina, without regard to its conflicts of laws rules. Foreign laws do not apply. Arbitration or court proceedings must be in Mecklenburg County, North Carolina. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.
25. CPNI. Customer Proprietary Network Information (“CPNI”) is information that Flash 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 Flash 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.
If you wish to restrict our use of your CPNI for marketing purposes, you may contact Flash Mobile Customer Care via chat or through the virtual assistant by visiting the Flash Mobile website or Flash Mobile App, or in Section 11 of these Terms.
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