Customer agreement (at service plan sign up review)
Thanks for choosing The Light Phone Inc. ("LIGHT"). These Terms and Conditions are part of your agreement with LIGHT for your mobile service ("Mobile Service"). If you activated Mobile Service before the effective date of these Terms and Conditions, these Terms and Conditions replace and supersede any previous Terms and Conditions.
Your agreement ("Agreement") with LIGHT is made up of these Terms and Conditions of Mobile Service ("Terms"), and the Mobile Service Plan under which you receive service. Our Mobile Service Plans are described on our website, which include the rates and features we set for each Mobile Service Plan. In these Terms, we use the words "we," "us," "our," “Company,” "LIGHT" to refer to LIGHT. In these Terms, we use the word “Mobile Service” to refer to the connection to your phone or tablet that enables you to access data and send or receive calls and texts on a wireless telecommunications network owned and operated by one of our suppliers (“Network”) or, where available, off the Network when roaming. If you have questions about your LIGHT Mobile Service contact customer service at email@example.com. When you sign up for our Mobile Service, you accept this Agreement and give express permission for us to contact you on your device.
Provision of Mobile Service
The provision of Mobile Service may require the sharing of information with vendors and agents. We reserve the right to decline to provide Mobile Service to you for any lawful reason. Some services may not be available or may operate differently in some locations.
Changes to Agreement
WE MAY CHANGE THIS AGREEMENT AT ANY TIME. WE WILL PROVIDE YOU WITH NOTICE OF MATERIAL CHANGES THAT AFFECT THE RATES, TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU USE THE MOBILE SERVICE AFTER THE EFFECTIVE DATE OF THE CHANGES, YOU ACCEPT THE CHANGES. IF YOU DO NOT ACCEPT THE CHANGES, YOU MAY TERMINATE MOBILE SERVICE. For purposes of this Agreement, "use" includes keeping the right to access the Network by not terminating Mobile Service. You may only modify this Agreement by switching your Mobile Service Plan (see Termination; Changing Mobile Service Plans).
Mobile Service Plan
You may choose any Mobile Service Plan. Your Mobile Service Plan will be may be month-to-month. Mobile Services and coverage under some Mobile Service Plans may be more limited as compared to other Mobile Service Plans. Your Mobile Service Plan sets out the charges for Mobile Service and is your Mobile Service Plan until that Mobile Service Plan is changed, you switch to a different Mobile Service Plan, or your Mobile Service terminates.
Changing Mobile Service Plans
You may change to a different Mobile Service Plan for which you qualify by contacting LIGHT Customer Mobile Service at firstname.lastname@example.org. Any change is effective at the start of your next full billing cycle unless otherwise specified by us at the time that you place your change request. If you change or add a different Mobile Service Plan or Mobile Service feature and the change is effective prior to the start of your next full billing cycle, you will be invoiced a prorated amount for the period during the previous billing cycle that the new Mobile Service Plan or Mobile Service feature was effective. If you change your Mobile Service Plan, you may not be able to switch back to your prior Mobile Service Plan and you may lose any discounts, including data plan discounts, you had on your prior Mobile Service Plan.
If you are on a month-to-month Plan, you may terminate Mobile Service at any time by giving us notice. We may terminate Mobile Service at any time, with or without notice (subject to this Agreement). We may deactivate a Number before you receive notice of termination (if we give any notice) to protect from fraud or misuse without incurring liability. Termination by either of us may be with or without cause. You must pay all charges for Mobile Service provided before termination of Mobile Service, regardless of who terminates Mobile Service. If Mobile Service is terminated before the end of your current billing cycle, the monthly recurring charge and bundled minutes are prorated to the date of termination. Regardless of your Plan, we may terminate or suspend Service to you without liability if: (1) you breach any provision of this Agreement (including if you fail to pay any charges for Services); or (2) we suspect fraud or misuse. If you promptly cure the breach, we may, but are not obligated to, reactivate Service to you.
Use of Service and Equipment
You must be at least 18 years old to subscribe to our Mobile Service. We may require you to provide proof of your age and identity. Mobile Services and equipment may not be used for any unlawful, fraudulent or abusive purpose. By using the Mobile Service, you attest to being 18 years old, and agree that you will not use the Mobile Service and equipment in any unlawful, fraudulent or abusive manner. You may not resell or lease Mobile Service or equipment to anyone. Mobile Service is available within the operating range of the Network. Actual coverage, quality and availability of coverage may vary based on network problems, signal strength, your equipment, terrain, structures, weather and other limitations or conditions beyond our control. We do not guarantee that there will be no interruptions or delays in Mobile Service. Without alteration, your device may not accept the services of any mobile provider other than LIGHT (but see Roaming). Unlimited voice services are provided solely within the United States for live dialog between two individuals.
Number and SIM
We assign or transfer a phone number ("Number") to the device or other equipment used by you on the LIGHT Network. We may also provide a SIM card that is inserted, or that you can insert, in your device. You acknowledge that except as required by law, you shall acquire no proprietary interest in the Number (MDN) or SIM (Subscriber Identity Module) assigned by LIGHT for your use. You may not (1) modify the Number we program into any phone or other equipment; (2) transfer or duplicate the Number to any phone or other equipment other than that authorized by us or that is in accordance with the FCC's number porting rules; or (3) transfer the Number to any other individual or entity. Upon area code changes or other circumstances outside our control, the Number may change. You acknowledge that any intellectual property or software in the SIM not provided by LIGHT or you is the property of the supplier of services to LIGHT, and such supplier may change or update the software or other data in the SIM card or the software in the equipment over the air and utilize any capacity in the SIM card for administrative, network, business and/or commercial purposes. The supplier of services to LIGHT shall have no liability whatsoever for your losses, claims or damages for any cause whatsoever, including but not limited to any failure or disruption of Mobile Services provided hereunder, regardless of the form of action, whether in contract, tort or otherwise. You shall not be deemed a third-party beneficiary of any contract between LIGHT and LIGHT's supplier.
You must pay all charges for Mobile Services provided for the Number for each device or other equipment that our records show you activated no matter who actually uses or has possession of the device or other equipment at the time Mobile Services are provided. These charges include, but are not limited to, recurring monthly service charges, applicable local and long-distance toll charges, usage charges, connection fees, roaming charges, directory assistance, call completion charges, data charges, optional features you select at an extra cost, and taxes and other surcharges. Charges for a call placed to or from your Number begin when you press the TALK (or similar key) and end when the call is terminated. To ensure the call is terminated, you must press END (or similar key). Charges for most Mobile Services are incurred in one-minute increments, with partial minutes of use rounded up to the next highest minute.
Billing and Payment
Billing cycles are approximately 30 days in length. Billing cycles and dates may change from time to time. Except as otherwise provided in your Mobile Service Plan, monthly recurring charges (MRCs) are invoiced one billing cycle in advance. Airtime is invoiced retroactively to the first minute based on your Mobile Service Plan for your total usage in your billing cycle. Charges for Mobile Services are usually invoiced as soon as possible after the charges accrue. Nonetheless, we may invoice you for usage and charges occurring before the billing cycle being invoiced, if they were not previously invoiced. If you are invoiced for usage incurred during a prior billing cycle, those minutes will be applied to your Mobile Service Plan minutes for the current billing cycle. However, if you have changed your Mobile Service Plan between the time the usage was incurred and the beginning of the current billing cycle, those minutes from the prior billing cycle will be charged at the applicable per-minute rate set out in the Mobile Service Plan in effect at the time the usage was incurred. You must pay your invoice in full by each invoice due date. We may assess a late payment fee of 1.5% of the overdue balance or $5.00, whichever is greater, on any amount not paid within ten (10) days of the due date. You will be required to provide an authorized payment method for Mobile Service or equipment by credit card or by debiting a bank account. If there are changes to the payment method, you must promptly notify us of any change in your billing address or of the credit card or bank account used for payment. We reserve the right to require payment or pre-payment by money order, cashier's check or other secured form of payment. We may charge an additional fee for any check or other negotiable instrument endorsed by you and returned unpaid by a financial institution for any reason.
Unless you raise any dispute that you have about any charges invoiced to you within 60 days of the date of the invoice, you may be liable for all charges on the invoice. You may notify us of any dispute by calling LIGHT Customer Mobile Service. Calls to our sales or general business offices are not notice of a dispute. You do not have to pay any properly disputed amounts while we investigate them; however, you must pay amounts not in dispute by the due date. Once our investigation is complete, all charges not removed as a result of the investigation are due and payable.
Account Spending Limits
We reserve the right, in our sole discretion and to the extent permitted by law, to set an Account Spending Limit for your account at any time and for any reason. We will inform you of your Account Spending Limit when you receive your device. Any Account Spending Limit we set for you is subject to change upon notification from us. If we set an Account Spending Limit for your account, charges for Mobile Service accrue against your Account Spending Limit as they are incurred. We may suspend Mobile Service to your number without prior notice to you when your account balance reaches your Account Spending Limit. Mobile Service is restored when you have paid any balance due and a specified minimum amount to reduce your account balance below your Account Spending Limit. You must pay all charges for Mobile Service even if they exceed the amount of your Account Spending Limit. Contact LIGHT Customer Mobile Service for information about authorized methods of making these payments.
Customers are required to maintain a Data Services plan. When using Light Tools that connect to the Internet, you are charged for the amount of data transferred (e.g. KB, MB). Use of Data Services is subject to any memory, storage or other equipment limitation. LIGHT does not guarantee access to Data Services or uninterrupted browsing. LIGHT does not offer domestic Data roaming (outside-of-the-Network Data Services). International Data Services may be available while roaming off the Network and will be billed at international Data Services rates. Your mobile number may be transmitted to sites you visit. Data Service is not intended to provide full-time Internet connections, and may be discontinued after a period of inactivity or after excessive usage. If you have an Account Spending Limit, you may be limited in the Data Services available to you. LIGHT reserves the right, in its sole discretion, to limit data transfers or deny or terminate Data Services without notice to protect users or the network. In providing Service, LIGHT relies on networks and services provided by our suppliers. These suppliers may have their own network management practices that affect Services received by LIGHT members. For more information about Data Services, please see our Broadband Information page. Unless subscribed to a LIGHT Mobile hotspot plan, unlimited plan subscribers may not use equipment as a hotspot, to tether to a computer, or in any manner that adversely affects the network or Services. LIGHT is not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through Data Services. LIGHT does not guarantee the accuracy, completeness or usefulness of information obtained through the Data Services.
Text Messaging (SMS)
International text messaging will be billed at international text rates. As a LIGHT Mobile customer you may receive periodic FREE account alert announcements via text message to your device. These text messages are provided to keep you informed about topics specific to your account, such as your bill status, Account Spending Limit (if any.
Taxes and Surcharges
We invoice you for taxes, surcharges and other charges levied by federal, state or local authorities, or foreign government on Mobile Service, mandated to be paid in proportion to receipts from telecommunications services provided, or applied to sales of equipment (except for taxes based on our net income), if we pay these taxes or other surcharges. Taxes, surcharges and charges not directly paid by us are not invoiced to you, but payment to the taxing or levying authority of any applicable taxes, surcharges and charges due from you are your responsibility. If you claim any tax exemption, you must provide us with a valid tax-exempt document. Any tax exemption applies only from the date we receive a valid tax-exempt document. We also invoice you for surcharges that we collect and keep to pay for the costs of complying with government programs such as number pooling and portability, and Enhanced 911 service; these charges are not taxes nor government imposed assessments and are described in the "Miscellaneous Charges" section below.
Data LIGHT Mobile does not offer domestic Data roaming (outside-of-the-Network Data Services). International Data roaming may be available to some members in some locations. The primary use of Data Services must be for domestic purposes on the Network. LIGHT Mobile reserves the right, without notice, to deny, terminate, modify, disconnect or suspend Mobile Service if your roaming (outside-of-the-Network) usage in a billing cycle exceeds 25 megabytes. International Data Services rates are higher than the rates you pay within your Home Service Area and on the Network. When roaming, you are also subject to the limitation of liability provisions and other applicable rules imposed by the roaming service provider on its own subscribers or on roamers. We make no guarantee that roaming coverage will be available.
Interruption of Mobile Service
We may give credit for a continuous interruption of Service for more than 24 hours on a case-by-case basis. Credit is at all times limited to prorated monthly recurring charges ("MRC"). Interruptions caused by your negligent or willful actions (including failure to pay charges when due), or by failure of equipment or service not provided by us, or by causes beyond our reasonable control, do not qualify for credit. We may provide you with an airtime credit of one minute for a call that is disconnected because of transmission limitations caused by atmospheric, geographic or topographic conditions and that you redial within one minute of disconnection. You must notify us within 24 hours of the disconnection to request credit.
Lost or Stolen Equipment
If your device or other equipment is lost or stolen, you must notify us by contacting LIGHT Customer Service. You are responsible for the monthly recurring charges during the period before you notify us of the loss or theft. We will deactivate Mobile Service to any Number associated with the lost or stolen device upon notification to us of any loss or theft. You may be required to provide evidence of the loss or theft (e.g., a police report or affidavit). If the equipment is later found, we may require that you exchange it for another device or other equipment before we reactivate Mobile Service, as well as require you to pay a reactivation fee. Reactivation is at the sole discretion of LIGHT. We will deactivate Mobile Service to any Number without prior notice to you if we suspect any unlawful or fraudulent use of the Number. You agree to reasonably cooperate with us in investigating suspected unlawful or fraudulent use.
We will not complete calls from your number to 900, 976 and similar numbers for pay-per-call services.
You can use your LIGHT device to make calls from the U.S. to international numbers. View rates from the U.S. to international numbers at [insert url]
Government Requests for Customer Records
We will refuse to comply with unlawful government requests for customer records or call content, and will only divulge our customers' private records pursuant to an emergency request or under court order or subpoena.
Limitation of Liability
Except as otherwise provided in this section, our sole liability to you for any loss or damage arising out of providing or failing to provide Mobile Services (including mistakes, omissions, interruptions, delays, errors or defects) does not exceed: (1) in cases related to a specific piece of equipment, the prorated monthly recurring charge ("MRC") for Mobile Service to the piece of equipment during the affected period, or (2) in cases not related to a specific piece of equipment, the prorated MRCs for Mobile Service to you during the affected period. We are not liable for any damage arising out of or in connection with:
1. any act or omission of any telecommunications service or other service provider other than LIGHT;
2. any directory listing;
3. any dropped calls;
4. traffic or other accidents, or any health-related claims allegedly arising from the use of Mobile Services, devices, equipment or accessories used in connection with the Mobile Services;
5. the use of LIGHT Data Services, including the accuracy or reliability of any information obtained from the Internet using LIGHT Data Services, or Internet services, content or applications not supported by LIGHT;
6. any late or failed message delivery;
7. any interruption or failure of 911 or E911 emergency services or identification of the number, address or name associated with any person accessing or attempting to access emergency services from your device;
8. the installation or repair of any products or equipment by parties who are not our authorized employees or agents;
9. any use of your device or other equipment whether or not authorized by you;
10. any act or omission of any third party or independent contractor that offers products or services in conjunction with or through the Mobile Service, or 1
1. your negligent or intentional act or omission.
NO CONSEQUENTIAL OR OTHER DAMAGES
THE COMPANY WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES FOR ANY CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE MOBILE SERVICE, DEVICES OR OTHER EQUIPMENT USED IN CONNECTION WITH THE MOBILE SERVICE. CONSEQUENTIAL, INCIDENTAL, AND INDIRECT DAMAGES INCLUDE, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, OR COST OF REPLACEMENT PRODUCTS AND MOBILE SERVICE, WHETHER OR NOT THE OTHER PARTY WAS AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
You indemnify and defend us, our partners, directors, officers, employees and agents from and against any claim, action, damage, liability and expense arising out of or in connection with: (1) your acts or omissions that occur in connection with your use of the Mobile Service or equipment used in connection with the Mobile Service; or (2) any communications you make or receive using the Mobile Service. This indemnification extends to and includes any attorneys' fees and costs incurred by us arising from any actions or claims to which this indemnification applies, or from contesting the applicability of this provision. This section survives termination of this Agreement.
DISCLAIMER OF WARRANTIES
WE MAKE NO EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT OUR MOBILE SERVICES AND DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NON-INFRINGEMENT. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY LIGHT. WE ARE NOT THE MANUFACTURER OF THE EQUIPMENT AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN WRITING BY LIGHT, THE ONLY WARRANTY APPLICABLE TO THE EQUIPMENT USED IN CONNECTION WITH THE MOBILE SERVICE IS THAT PROVIDED BY THE EQUIPMENT MANUFACTURERS. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
RESOLUTION OF DISPUTES
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION, INSTEAD OF COURT TRIALS. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT. NOTHING IN THESE TERMS AND CONDITIONS PROHIBITS A CUSTOMER FROM FILING A COMPLAINT WITH THE FEDERAL COMMUNICATIONS COMMISSION (FCC). (1) Arbitration. Any dispute or claim arising out of or relating to this Agreement or to any product or service provided in connection with this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by arbitration except that (a) you or we may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages. You understand that you are waiving your rights to maintain other available resolution processes, such as court action or administrative proceeding, except as specified above, to settle any dispute or claim. (2) Arbitration Procedures. Prior to filing an arbitration demand, you must first present any claim or dispute to us by contacting us in writing to 19 Morris Ave, Brooklyn, NY, 11205 (ATTN: Customer support) and describing the nature and basis of the claim or dispute and setting forth the specific relief sought. You may request arbitration if your claim or dispute cannot be resolved within 60 days from receipt of the notice of the claim. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") Consumer Arbitration Rules, as modified by this Agreement. Information about arbitration and fees are available online at www.adr.org. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. AAA will provide a list of potential arbitrators to the parties. Each party will be allowed to strike from the list those arbitrators deemed unacceptable by the party. The AAA will choose an arbitrator from the remaining names on the list. The Arbitrator will issue a written decision, which will include concise written reasons for the decision. The Arbitrator's decision is subject to review in a court of law. An arbitrator may not award relief in excess of or contrary to what this Agreement provides or award punitive damages or any other damages for negligence aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. The results and contents of any arbitration shall not be confidential unless both parties agree to make them confidential. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect. (3) Costs of Arbitration. Each party shall be responsible for the AAA fees and arbitrator compensation as outlined in the AAA Consumer Arbitration Rules. Each party bears the expense of its own preparation and presentation of evidence at the arbitration hearing. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration. (4) Waiver of Certain Punitive Damage Claims. By this Agreement, both you and we are waiving certain rights to initially litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages. This waiver applies to this Agreement as amended or modified. This section survives termination of this Agreement. (5) Waiver of Jury Trial; Jurisdiction. IF FOR SOME REASON THESE ARBITRATION REQUIREMENTS DO NOT APPLY, YOU AND WE EACH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY. INSTEAD, A JUDGE WILL DECIDE ANY DISPUTE. YOU AGREE TO SUBMIT YOURSELF TO THE PERSONAL JURISDICTION OF THE COURTS OF THE STATE OF CALIFORNIA.
You may get our current address for written notice by calling LIGHT Customer Service. Written notice to you is sent to your last known address in our billing records, by text message to your LIGHT phone, or the email of record for your account. Written notice is deemed delivered three (3) days after deposit in the U.S. mail, postage prepaid and properly addressed or, if by email, by the sent date/time stamp. Unless required by this Agreement or Applicable Laws, (1) you may notify us by calling LIGHT Customer Service, and (2) we may notify you by leaving a message for you on your mobile phone, answering machine or with your answering service. Addresses for notice purposes may be changed by giving notice as provided in this section.
Choice of Law
This Agreement is governed by and construed under the laws of the state of California without regard to choice of law principles.
If either of us does not enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with Applicable Laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect. Section headings are for descriptive purposes only and are not used to interpret this Agreement. You may not assign this Agreement to any other person or entity. This Agreement makes up the entire agreement between you and us and replaces all prior written or spoken agreements, representations, promises or understandings between you and us. The provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement survive termination of this Agreement. This Agreement is subject to any applicable federal and state law (collectively, "Applicable Laws"). If there is a conflict, Applicable Laws control over the Mobile Service Plan and the Terms, and the Mobile Service Plan controls over the Terms. Changes to Applicable Laws are effective as provided in the Applicable Laws.
1. FCC Universal Service Fee: This fee applies to all Customers, and is calculated as a percentage of the interstate and international charges of the customer's current bill. It is based on the percentage assessed by the Federal Communications Commission (FCC) on mobile carriers for the support of universal service. This fee will change to match any modification made by the FCC to its charge to LIGHT. To obtain the current percentage, please contact email@example.com.
2. Other state and federal regulatory fees: We will bill you for all fees required by federal, state, and local jurisdictions.
3. Suspension Fee: When Mobile Service is blocked for non-payment of charges, a $20 suspension fee will be applied to your account.
If your Light device has a manufacturer’s defect, you may return or exchange it within 30 days of your order date. In order to return or exchange your device, you must first email us at firstname.lastname@example.org to obtain pre-authorization. Please keep in mind that in order to return the device it must be undamaged and in like-new condition, other than the manufacturer’s defect. To receive authorization to return your phone, email us at email@example.com
By signing up for LIGHT Mobile Service, you agree to the terms of this Customer Agreement. I agree to these terms.