TERMS & CONDITIONS
2. Our Right to Make Changes
These Terms of Service may change at any time, including the prices for i3Mobile’s products and/or services without notice or obligation. Unless expressly prohibited by law, we reserve the right to modify or cancel this service or your account or take corrective action at any time and for any reason, including, but not limited to, your violation of any provision of these Terms of Service without notice or obligation. Your right to use our service is subject to our business policies, practices and procedures, rates and these Terms of Service, which we may change at any time.Further, we may remotely change your phone’s software, applications, or programming without notice. This could affect information stored on your phone, your phone’s programming, and how you are able to use your phone.All aspects of the Service, including, Plan rates, offerings, features, functionality and other product specifications are subject to change without notice or obligation. Unless prohibited by law, we reserve the right to modify, change, or cancel any part of your service at any time including but not limited to rates, charges, how we calculate charges, discounts, coverage, technologies used to provide services, or your Terms without notice or obligation.
3. What Devices are Supported by i3Mobile, i3Mobile is powered by America's largest GSM network.
To work on our network, your device has to operate on one of these GSM frequencies:
3G UMTS network - 850, 1900MHz bands
4G LTE network - AWS, 700, 850, 1900MHz bands
Check your device manufacturer’s website.
4. Mobile Telecommunications Services
You may not use our service in a manner that interferes with another customer’s use of our service. Our ability to provide good service maybe impaired when customers place an abnormally high number of calls, send or receive an unusually high number of messages, or repeatedly place calls of unusually long duration, when compared to typical usage by other customers on similar service plans. Such a typical usage suggests that a mobile phone is being used other than for personal use in violation of these Terms of Service. i3Mobile has safeguards to ensure that its customers do not use the service in a manner inconsistent with personal, non-commercial use, including terminating or suspending service to the customer violating this policy. All plans and features may change or be discontinued at any time without notice.
5. Reasonable Usage
Any Service that includes unlimited features, “unlimited” does not mean unreasonable use. Unlimited voice, text, and data services are provided solely for dialog between two individuals and for normal use. Other uses have a disproportionate impact on network resources and our ability to manage our network efficiently and are therefore considered unreasonable. Unlimited services may not be used for conference calling, 3-way calling, call forwarding, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, or other connections that do not consist of uninterrupted live dialog between two individuals. If i3Mobile finds that you are using an unlimited service offering for anything other than dialog between two individuals, i3Mobile may at its option terminate the service. i3Mobile reserves the right to cancel or deactivate service without notice, in order to protect the carrier’s network from harm due to any cause including, without limitation, the excessive and/or improper use of i3Mobile service.
You agree not to use i3Mobile service in any way that is illegal, fraudulent or abusive, as determined by i3Mobile in its sole discretion. Local phone numbers may not be available in certain markets. Wireless services use radio transmissions and are therefore affected by technological limitations. Coverage is not available everywhere. Quality of service may be affected by conditions beyond our control, including atmospheric, geographic, or topographic conditions, or by you damaging your mobile phone. We do not warrant or guarantee that service will be available at any specific time or geographic location, or that service will be provided without interruption.
Any statements or maps provided by us, our agents or dealers about coverage are only intended to provide high-level estimates of our coverage areas when using our service outdoors under optimal conditions and do not mean that service will be available under all circumstances, at all times or without interruption. Estimating wireless coverage and signal strength is not an exact science. There are gaps in coverage within our estimated coverage areas that, along with other factors both within our control, may result in service interruptions, slower data speeds, or lower quality of service. You should therefore never solely rely on your mobile phone for emergency calls, such as to 911.
6. International Calling
All phone plans include calls made in the 50 United States and do not include international calls. The placement of calls outside the domestic US may result in the termination of service at the sole discretion of i3Mobile. All smartphone plans include unlimited calling to ALL of North America, this includes the U.S, Canada, and Mexico.
You can send and receive text messages of up to 160 characters on your i3Mobile phone. i3Mobile unlimited service plans include both unlimited voice and text messaging. You can terminate your subscription or switch to another plan by contacting i3Mobile 24/7 online Customer Service. You may receive service alerts from i3Mobile for which there is no charge. If you are receiving unwanted text messages, contact the source and ask to be removed from their distribution list.
8. Unsolicited Messages
If you are found to be sending spam from your i3Mobile phone, we may terminate your service without further notice.
9. Data Services and Usage
i3Mobile, in its sole discretion, may interrupt or suspend access due to abuse, excessive use, or violations of the Terms of Service. Data services may be throttled based on the underlying carrier providing services. Customers may experience throttled speeds when they reach a specified threshold set by the carriers. Customers may notice changes in the performance of certain applications when they are on throttled usage. In addition, i3Mobile and its underlying carriers may adjust periodically the applicable threshold for i3Mobile’s data usage practices. You are responsible for all data activity from and to your device, regardless of who initiates the activity. We reserve the right to deny or terminate service without notice for any misuse or any use that adversely affects network performance. Availability of data services is subject to change.
10. Specific Terms and Restrictions Regarding Data Services
Your relationship with companies that provide Data Content is between you and those companies. You are responsible with any information you share and it is recommended that you use good judgment and care when you communicating and interacting with any website.
11. Balance Inquiries
Calls are billed in one-minute increments, with a minimum time per call of one minute. Call times are rounded up to the nearest whole minute. Or you can access your account via our online portal or you may check your balance at any time free of charge by contacting customer service on 833 200 4949.
A roaming charge will apply when making or receiving calls outside the home coverage area. We may notify you when you are roaming, but cannot guarantee we will be able to provide such notice in all cases. Roaming in Mexico is only included on the Unlimited Plan Plus plan. Dialing 411 on your keypad may affect your plan and could result in additional charges to your account. Roaming and International calls are not part of your plan and will result in charges to your account. Your service may be suspended due to any of these occurrences until charges are paid.
13. Disputed Charges
If you think that there has been an error in any charge to your account, you must notify us immediately. Contact customer service and an account specialist will investigate your claim. If you do not notify us within a 30-day period of the error, you waive any right to dispute the charge, including in arbitration or a court proceeding. If we determine that the disputed charge was inappropriate, your account will be credited or you may receive a refund. If you agree to a credit or refund, you are in agreement that this action has settled the dispute. If we have attempted to charge your credit card for a charge that we deem is authorized and valid under these Terms of Service, and the credit card company withholds such payment because the charge has been disputed (a “charge-back”), we reserve the right to suspend your access to our service for up to 30 days until the Chargeback is reversed. If the Chargeback is not resolved and reversed, your account will be deactivated at the end of the 30-day period.
14. No Refunds of Top-Up and Monthly Charges
All Top-Up sales are final and non-refundable regardless of who uses or possesses your mobile phone after you buy airtime regardless of if it is used for voice, SMS/Text Messaging or Data, and regardless of whether the mobile phone is used with your consent or knowledge. Monthly charges are non-refundable.
15. Lost or Stolen Equipment
If your mobile phone is lost or stolen, you are responsible for charges incurred until you notify us of the loss of your mobile by contacting customer service. Upon receiving notice that your mobile phone is lost or stolen, i3Mobile will suspend your account. A replacement SIM card can be purchased with your existing number
All promotions are for a limited time and subject to restrictions and limitations. i3Mobile expressly reserves the right to change and/or cancel promotions offered at any time. i3Mobile reserves the right to deny or terminate service and/or promotions without notice for any misuse or any use that adversely affects network performance. i3Mobile reserves the right to change coverage, services, and promotions, offered at any time, and i3Mobile expressly reserves the right to deny service for any or no reason without liability or penalty, except as expressly stated in these Terms and Conditions.
17. Acceptable Use of i3Mobile Products and Services
You may not use i3Mobile’s service for any illegal purpose, including harassing, threatening, abuse, defaming, or slandering any individual or entity. You may not use our service in a manner that interferes with another i3Mobile customer’s use of our service. i3Mobile and it's business partners provide messages and data for non-commercial use only. You may not publish or send any content that encourages unlawful, criminal, or fraudulent activity or that violates any i3Mobile rule or policy.i3Mobile Products and Services are sold exclusively for use by you, the end consumer. The unauthorized use or resale of your i3Mobile SIM card is a violation of this Agreement. You also agree not to use unauthorized PINs associated with i3Mobile’s products or Plans or engage in any other unauthorized or illegal use of the Service or assist others in such acts.In the event of termination of service for any other unauthorized usage, you will forfeit unused Service and you will not be entitled to receive a refund for any unused Service.
18. Suspension or Termination of Services
We reserve the right to issue a warning and to suspend or terminate your access to our service at any time should we determine in our sole discretion that you have violated these Terms of Service or any other rule or policy of i3Mobile.
19. Location Based Services
Location-based information is information that indicates the location of your i3Mobile SIM card. When you turn on your mobile phone, your device automatically communicates with our network and relays its current location unless you have turned off you handset’s location functionality. Terminating location-based services will not affect the status of any other services you receive from us.
20. Secure use
i3Mobile is not responsible for the content or security of voicemail, messages or contact lists you create. We urge you to create a password to access your voicemail. Always use your device in a safe manner that does not create a risk to your safety or the safety of others around you. While driving, always use a hands-free device and never use your mobile phone to send text messages. Always use your phone in accordance with all applicable laws and regulations.
21. Use of your Customer Information
22. Dispute Resolution
i3Mobile and you, each agree to contact one another first, with any disputes. You must contact us with any dispute and provide a description of the problem as well as all relevant documents/information and the proposed resolution. We will contact you at the last address that you have provided us or on your mobile phone. We each agree to negotiate in good faith to resolve any dispute. You agree to pay all amounts reflected on your account, even while a dispute is being resolved.
23. No Trial by Jury
To the extent permitted by law, if a claim proceeds in court, we each also waive any right that we may have to trial by jury in any lawsuit or other proceeding. Unless otherwise specified herein, any disputes of a legal nature, whether a claim, complaint, arbitration demand or otherwise, shall be subject to the exclusive jurisdiction of the federal or state courts located within Rehoboth Beach in the State of Delaware.
24. Limitation of Liability
Unless prohibited by law, i3Mobile and you agree to limit claims for damages or other monetary relief against each other to direct and actual damages. You agree that i3Mobile and its business partners are not liable to you or any third party for any indirect, special, incidental, consequential, exemplary, or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of products or services or under any legal theory, including fraud, misrepresentation, breach of contract, personal injury, product liability or any other theory. i3Mobile assumes no risk or responsibility for your use of any of the content provided as part of our services. You acknowledge that no fiduciary or other special relationship exists between you and i3Mobile, by virtue of these Terms of Service or your use of i3Mobile phones and services. You also agree we are not liable for missed voicemails, deletion of contacts from your address book or data content or messages from your voicemail system.
25. Binding Arbitration
26. Arbitration Procedures
You must first present any claim or dispute to us by contacting our 24/7 online Customer Support to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute has not been resolved within 90 days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) under the Wireless Industry Arbitration Rules (“WIA Rules”), as modified by this Agreement. The WIA Rules and information about arbitration and fees are available upon request from the AAA 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. Unless you and we agree otherwise, any arbitration will take place in the county seat for the county in which your billing address is located. At either party’s election, the arbitration shall be held telephonically. An arbitrator may award any relief or damages (including injunctive or declaratory relief) that a court could award, except an arbitrator may not award relief in excess of or contrary to what this Agreement provides and may not order relief on a consolidated, class wide or representative basis. In any arbitration applying the WIA Rules applicable to large/complex cases, the Arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the WIA Rules. 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, then the remainder shall still be given full force and effect.
27. Waiver of Class Actions
By this Agreement, both you and we are waiving certain rights to litigate disputes in court. You and we both agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide or representative basis. If for any reason this arbitration clause is deemed inapplicable or invalid, or to the extent, this arbitration clause allows for litigation of disputes in court, you and we both waive, to the fullest extent allowed by law, any right to pursue any claims on a class or consolidated basis or in a representative capacity.
You agree to indemnify and hold harmless i3Mobile and its affiliates and their respective officers, agents, partners and employees, from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including any costs, expenses or attorneys’ fees on account thereof), resulting from your use of i3Mobile products and services, or another person whom you authorize to use your products or services, whether based in contract or tort (including strict liability) and regardless of the form of action.
We do not manufacture our equipment. The only warranties applicable to equipment are those extended by the distributor. We have no liability, therefore, in connection with mobile phones and other equipment or for manufacturers’ acts or omissions. ACCESSORIES, AND MATERIALS ARE PROVIDED BY i3MOBILE ON AN “AS IS” BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, i3Mobile EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. WE MAKE NO REPRESENTATIONS THAT THE ACCESSORIES, OR MATERIALS WILL MEET YOUR REQUIREMENTS AND WE DO NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH i3MOBILE WILL BE UNDAMAGED, UNUSED, REFURBISHED, OR CONTAIN OTHER HARMFUL COMPONENTS.
30. Effect of Terms of Service
These Terms of Service supersede all oral or written communications and understandings between you and i3Mobile with respect to our products and services to you and the terms under which they are offered and provided to you.
i3Mobile provides equal employment opportunities (EEO) to all employees and applicants for employment without regard to race, color, religion, sex, national origin, age, disability or genetics. In addition to federal law requirements, i3Mobile complies with applicable state and local laws governing nondiscrimination in employment in every location in which the company has facilities. This policy applies to all terms and conditions of employment, including recruiting, hiring, placement, promotion, termination, layoff, recall, and transfer, leaves of absence, compensation and training.i3Mobile expressly prohibits any form of workplace harassment based on race, color, religion, gender, sexual orientation, gender identity or expression, national origin, age, genetic information, disability, or veteran status. Improper interference with the ability of i3Mobile’s employees to perform their job duties may result in discipline up to and including discharge.
32. Activation Fees
Plans can incur a non-recurring activation fee upon activation up to a maximum of $25.00
33. Entire Agreement
This Agreement and any other associated Agreements with i3Mobile constitutes the entire Agreement between You and i3Mobile. with respect to any i3Mobile Product and/or Service. The failure of either party to enforce any of the terms set forth herein shall not be construed to be a waiver of any such terms nor in any way affect the validity and enforceability of these Terms. No waiver of a breach of any term shall be deemed a waiver of any other or subsequent breach of a term. In the event any provision contained in this Agreement is deemed unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.