Terms of service agreement

Introduction

These are your terms of service (“Terms of Service”) and apply to your Ting phones, MiFi units, data sticks, and accessories, as well as any such devices brought to Ting through the 'Bring Your Own Device' program (“Devices”), and your use of Ting’s mobile services (“Services”).

These Terms of Service apply to all of the Devices we sell and the Services we offer, including the rates, features and terms related to the call minutes, text messages and Internet data you use. Please read your Terms of Service carefully.

Your Terms of Service become effective when you accept them, which you do by purchasing a Ting device, or activating a Device on your account, or by using your Device after you make a change to your account. When you accept these Terms of Service, you represent that you are at least 18 years of age.

We may change our Terms of Service, including our prices, from time to time. Unless expressly prohibited by law, we reserve the right to modify or cancel our 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. Check our website (ting.com) for our most recent Terms of Service. We will notify you in advance of any change to the Terms of Service. If you do not terminate your service within 30 days of receiving such notice, you agree to accept that change.

Services

We provide mobile telecommunications services using the Nationwide Sprint® Network for use exclusively with Devices purchased from us or our authorized retailers and resellers or Devices activated by us as part of the 'Bring Your Own Device' program. We cannot guarantee that a device not provided by Ting, or a Ting device that has been modified by you, will be compatible with the Nationwide Sprint® Network, will comply with applicable FCC or other legal requirements, or that you will be able to access and use the Services you have purchased. If you alter or modify your Device in a way not authorized or recommended by your Device's manufacturer, you may lose functionality, and you may be required to purchase a new Device in order to restore service.

Because your Sprint device is no longer active on a Sprint retail account, many of the device features will no longer work and Ting, who is responsible for your service, will not support them.

These include, but are not limited to:

• Sprint Zone
• Sprint Family Locator
• TeleNav GPS
• Sprint Radio
• Sprint Music
• Sprint TV
• Sprint Mobile Sync
• Sprint Powerdeck
• Sprint MY Account
• Sprint Mobile Wallet

In addition, these features may not work:

• Picture Mail
• Multimedia Services

Active line fee

You will be billed a flat $6 fee (Active Line Fee) for each device that's active on your account for all or part of your billing period.

Deactivating and re-activating the same device multiple times in a given billing month may subject your account to multiple Active Line Fees for that one device.

Call minutes

Call minutes may be used to make and receive calls with people within the United States, to make and receive calls with people in other countries, and to make and receive calls while traveling outside the United States (wherever service is available via our partner networks).

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.

The time of a call will be determined based on the location of the network equipment providing service for a particular call and not the location of your Device or your Device’s area code. Call minutes for outbound calls are measured from the time the network begins to process the call (before the phone rings or the call is answered) through the network.

Standard call minutes allow you to call anyone within the United States from anywhere in the United States where our service is available. Visit our website for our standard calling rates.

International Calls are billed as standard call minutes plus an additional per-minute surcharge based on the country you are calling. International rates vary. Visit our website for international calling rates.

Calls while outside the United States are billed as standard call minutes plus an additional per minute surcharge based on the country you are calling from. These rates vary. Visit our website for calling rates while outside the United States.

We will charge you a fee for each call to directory assistance in addition to the standard call minutes used. Visit our website for Directory Assistance calling rates.

We will not directly complete any calls to 1-900, 1-976 or other pay-per-call services.

Text messages

Standard message rates for text messages and picture messages apply when a message is sent or received, whether it is read or viewed. Text messages sent or received while outside the United States are billed at our standard message rate plus an additional surcharge. Visit our website for text messaging rates.

Data usage

Standard data rates for data usage apply when data is sent or received, whether it is read or viewed. Data usage while outside the United States is billed at our standard data rate plus an additional surcharge. Visit our website for data usage rates.

Additional charges

We also may charge additional fees for specialized requests or services related to your account. We always will keep copies of our pricing information on our website.

Taxes and surcharges

Stated prices for our services do not include taxes or regulatory fees. We charge state and local sales taxes on all purchases made through our website. Charges also may include a surcharge for federal and state Universal Service Fund contributions and state and local 911 fees. Taxes and regulatory fees are subject to change without notice.

Disputed charges

If you think that there has been an error in any charge to your account, you must notify us promptly after the charge appears on your account. You can contact us using the methods indicated on our website. If you do not notify us promptly, you waive any right to dispute the charge, including in arbitration or a court proceeding. If we determine that the disputed charge was inappropriate and was raised by you in a timely manner, we will credit, refund or provide other compensation to you. If we credit, refund or provide other compensation to you to settle a disputed charge, you agree that the dispute is fully and finally resolved and not subject to further proceedings.

Third party charges

We are not liable for any charges for products or services provided by third parties through and for use on our Devices and network, including for certain applications ("Apps") and services provided by Apps you download to your Device. You must contact the third party directly for any unauthorized or disputed charges.

Payment

Payments are automatically collected from the payment method on file at the end of your billing cycle.

High Usage

In cases of usage we deem high or excessive, we may attempt to charge your registered payment method in the middle of the billing cycle for all or a portion of the accumulated billing resulting from this usage.

Account suspension for declined payments or credit card chargebacks

If we have attempted to charge your registered payment method for a charge that we deem is authorized and valid under the Terms of Service, and the credit/debit card company withholds such payment, we reserve the right to suspend your access to our service until payment is received. For a Credit Card Chargeback, if the Chargeback is not resolved and reversed, your account will be deactivated and we will assess you a termination charge equal to the balance in your account, which is not refundable. If your account is reactivated subsequently, you may be charged a fee for each Chargeback. In the event of repeated account suspensions for non-payment, we may, without limiting any other rights available to us, require additional pre-payment of funds in order to continuing using the service.

Refunds and returns

Monthly charges are non-refundable.

Lost or stolen device

If your Device is lost or stolen, you are responsible for charges incurred until you notify us of the loss through any of the means indicated on our website. Upon receiving notice that your Device is lost or stolen, we will suspend that Device.

Acceptable uses

You agree not to use our services in any way that is illegal, fraudulent, threatening or abusive, as we determine in our sole discretion. You may not use your phone or device, or our service, for any illegal purpose, including to harass, threaten, abuse, defame or slander any individual or entity. You may not use our service in a manner that interferes with another customer's use of our service or the underlying infrastructure of the Nationwide Sprint Network.

You are legally and financially responsible for all data activity to and from your Device, regardless of who initiates the activity.

Unsolicited messages

If you intentionally send spam from your Device, we may terminate your service without further notice. If we terminate your service, your account will be deactivated, you will lose your mobile phone number, and we will assess you a termination charge equal to the balance in your account, which is not refundable.

Suspension or termination of service

We reserve the right to issue a warning and to suspend or terminate your service and access to the ting.com website or any other website we operate or to our service at any time if we determine in our sole discretion that you have violated the Terms of Service or any of our rules or policies or for any other reason in our sole discretion.

Internet content

Some content you attempt to access on your Device may not be stored or processed because of memory limitations. You agree that we are not liable for the deletion of or failure to store content, and, in compliance with the Terms of Service, you should store photographs and other information permanently by using another means. Downloaded or created content on your Device may expire or be deleted unless you otherwise arrange for its retention and/or preservation.

You are responsible for the content you access on your Device. Some content available on the Internet may be unsuitable for minors, and you should take care when sharing your Device with minors.

Use of applications

Not all applications will work on all of our Devices, and some applications may not be available in all areas. Use of certain applications may require the disclosure of personal information subject to the policies of the companies that offer such applications.

Mobile phone number

The mobile phone number we provide is for your use while you are a customer. If you cancel your service or your account is deactivated, we may give your mobile phone number to another customer without notice (unless you transfer the mobile phone number to another telecommunications provider in accordance with applicable regulations). While we do not expect to change your mobile phone number, and such changes are rare, under certain circumstances, we may be required to change your mobile phone number; if we do so, however, we will notify you prior to any change.

Network coverage

Our service is only available in geographic areas covered by the digital service network footprint of the Nationwide Sprint Network, reaching over 276 million people. Local phone numbers may not be available in certain markets.

Wireless services use radio transmissions and coverage is not available everywhere. Quality of service may be affected by conditions within and beyond our control, including atmospheric, geographic, or topographic conditions, or by damage to your Device. 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 or our authorized dealers and resellers about coverage are 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 and beyond our control, may result in service interruptions, slower data speeds, or lower quality of service. You should never rely solely on your mobile phone for emergency calls, including to 911.

Location-based services

Location-based services use and provide information based on the location of your mobile phone. When you turn on your mobile phone, it automatically communicates with our network and relays its current location unless you have turned off your mobile phone's location functionality. The accuracy of location-based services may be affected by circumstances beyond our control, including atmospheric, geographic or topographic conditions. We do not warrant or guarantee that location-based services will be available at any specific time or geographic location, or that service will be provided without interruption.

By using our location-based services, you consent to have us or our business partners electronically collect, monitor and track your physical location and the location of your Device. We collect and disclose your location information only to provide you with the location-based services you have requested, or in emergency situations as prescribed by law. If you allow others to use your Device, you are responsible for informing these users that their location information may be collected or disclosed. We will not provide your location information to third parties without your consent other than as prescribed by law.

Safety and security

We are not responsible for the content or security of voicemail, messages or contact lists you create.

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 Device in accordance with all applicable laws and regulations.

Use of your customer information

When you agree to the Terms of Service, you also agree to the terms of our Privacy Policy available on our website. This policy may change from time to time and includes important information on what data we collect about you, how we use this data and with whom we share that data.

In the course of providing service to you, we may collect certain information made available to us solely because of our relationship with you, including information regarding the nature and type of your service and the calls that you place and receive. We always will handle this data, which is "Customer Proprietary Network Information" ("CPNI"), in accordance with Federal Communications Commission regulations, federal consumer privacy laws and our Privacy Policy. We take reasonable steps to protect CPNI and your other personal information from unauthorized use or disclosure. We will not intentionally share your personal information without your permission. You may elect to receive text messages, email, direct mail and other updates from us by editing your account information on our website.

Law enforcement

We are legally and contractually obligated to cooperate with law enforcement in the investigation of violations of law. We may disclose to law enforcement authorities and governmental agencies any information, including your name, account history, account information or other transmission data properly requested by law enforcement.

Ting website

You may use our website located at ting.com to manage your account, make payments, view our content and learn more about our Devices and Services. Use of our website is subject to the terms set forth in this document and our Privacy Policy, which are available on our website.

Dispute resolution

We and you each agree to contact each other first with any disputes. You must contact us with any dispute by the means indicated on our website. Please provide a description of the problem, 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.

No trial by jury

If a claim proceeds in court, we each waive any right that we may have to trial by jury in any lawsuit or other proceeding to the extent permitted by law.

Limitation of liability

We and you agree to limit claims for damages or other monetary relief against each other to direct and actual damages unless prohibited by law. You agree that we and our 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. We assume no risk or responsibility for your use of any of content. We are not liable for (1) any act or omission of any other company furnishing a part of our service or any equipment provided for such service; (2) errors or omissions of our business partners; (3) any damages that result from any product or service provided by or manufactured by third parties; or (4) any unauthorized or disputed charges for our services that appeared more than 30 days earlier on your online account statement which you did not promptly dispute in accordance with the Terms of Service. You acknowledge that no fiduciary or other special relationship exists between you and us, by virtue of the Terms of Service or your use of our Devices and Services. You also agree we are not liable for missed voicemails or deletion of contacts from your address book, content, or lost messages from your voicemail system.

Warranties

All new devices purchased from Ting come with a one-year manufacturer warranty from original date of sale. All refurbished devices purchased from Ting come with a 30-day warranty from original date of sale. Devices brought to Ting through the 'Bring Your Own Device' program are not covered by any warranty.

If your device is defective, please drop us a line at help@ting.com or give us a call at 1-855-846-4389 to see if it's eligible for a warranty replacement. If eligible, we'll replace the defective device with a new or refurbished device of the same or comparable model at our discretion.

Our conditions for a warranty claim are as follows:

• Your warranty only covers defects in materials or workmanship. It does not cover defects arising from damage or normal wear-and-tear or aging.

  • The warranty covers issues such as: software-related issues, activation problems, camera defects, unresponsive keys, dead pixels, etc.

  • The warranty does not cover issues like: diminishing battery life, scratches, accidental damages, coverage issues, or software incompatibility/problems with 3rd-party apps.

  • Attempting to 'root' or otherwise 'mod' your phone will void its warranty.

  • Visible physical damage to your phone (e.g. liquid damage, cracked LCD, damaged housing) will void its warranty.

• You must return the defective device back to us using the prepaid shipping label we give you.

  • Your defective device must be received at our warehouse within 21 days of when the replacement is shipped (don't worry - we'll remind you).

  • If the original isn't received within 21 days, we'll assume you wanted to keep both devices and will charge you for the replacement and express shipping fees, if applicable.

• You must return all accessories (charger, cables, manual, etc.) with the defective device.

  • If components are missing, we will charge a nonrefundable missing parts fee as outlined here:

    • Battery: $20.00
    • Charger: $10.00
    • USB Cable: $3.00
    • SD Card: $5.00
    • Manual: $3.00
    • Other parts: at our discretion

• Your defective device must be returned in good condition.

  • If the device is determined to have some type of damage that voids its warranty (e.g. liquid damage, 'modded' OS, etc.), we may charge a nonrefundable damage fee at our discretion.

  • Depending on the extent of the damage, this fee may be up to the full retail price of the device.

  • You will not receive the damaged device back - we will dispose of it on your behalf.

Our warranties expressly exclude certain categories of damages and uses of your phone. These exclusions, which we do not cover, include possible costs or damages for which you will not be reimbursed. These exclusions are as follows:

• The limits of what we provide above relate to the device itself. We are not responsible for lost data or the time that you were without a device. We encourage you to back up your data regularly, as no one else will take responsibility for the restoration of any lost data. We are not responsible for any consequential damages, from the loss of your device, the loss of your data, or the time you were without your device.

• We do not warrant any device for merchantability or fitness for a particular purpose. These warranties are specifically disclaimed.

Some jurisdictions require us to list our exclusions in VERY LARGE LETTERING, just so you know that this is really important stuff. So here it goes:

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, TING IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH APPLE PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

We do not manufacture our Devices. The only warranties applicable to our Devices are those extended by the manufacturers. We have no liability, therefore, in connection with Devices or for manufacturers' acts or omissions.

WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES PROVIDED HEREUNDER OR ANY SOFTWARE USED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, AND TO THE EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUALITY, NON-INFRINGEMENT, PERFORMANCE OR ACCURACY. We expressly disclaim any and all implied warranties. WE DO NOT PROMISE ERROR-FREE OR UNINTERRUPTED SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.

Customer referrals

As a Ting customer, you may use your custom referral code/URL to obtain referral credits, as detailed at http://ting.com/account/customer_referral. In using this referral URL, please understand the intention of this program and abide by its rules:

• The program is intended to reward customers for introducing friends, colleagues, fans, followers and other relations to Ting. It is not intended to reward customers for simply pushing their referral code in front of strangers who are already searching for or signing up for Ting. Do not promote your referral code using Ting-branded keywords, coupon sites, SEO tactics or any initiatives aimed at people who are already searching for Ting or a Ting discount.
• Do not sell Ting referral codes for monetary benefit.
• Ting maintains the right to approve how you are representing the Ting service or using any Ting logos or branded materials.
• Ting may ask you to remove your Ting referral code from placements we deem to be in violation of this agreement.
• Ting maintains the right to remove you from the program entirely if we believe you are not acting in the spirit intended or abiding by the guidelines specified here.
• Referral credits are only valid and applied when referring a new customer to Ting (no existing Ting subscription). You will not receive a referral credit when adding devices to your current Ting account.

Indemnification

You agree to indemnify and hold harmless us and our 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 our products and services, or use of our products and services by another person who uses your mobile phone and/or our products or services, whether based in contract or tort (including strict liability) and regardless of the form of action.

Effect of terms of service

These Terms of Service supersede all oral or written communications and understandings between you and us with respect to our products and services and the terms under which they are offered and provided to you. If any part of the Terms of Service is declared invalid or unenforceable, all other parts of the Terms of Service are still valid and enforceable. No provision of the Terms of Service provides any person or entity not a party to the Terms of Service with any remedy, claim, liability, reimbursement, or cause of action, or creates any other third-party beneficiary rights.

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 the State of New York, except in the case of a customer resident in the State of California, in which case such disputes shall be within the exclusive jurisdiction of the federal or state courts of or in the California county in which the customer primarily uses the Ting service.

Notices

You may notify us by electronic means via our website. Notices will be considered effective after we receive them. If you are unable to resolve your concerns with us, you may file a complaint with the Federal Communications Commission, Washington, DC 20554. Any notice we send you will be sent to your last known residence or electronic address as shown on our records, or via text message to your Ting phone.

Export

You agree to comply with all trade regulations and export control laws, both domestic and foreign. Our Devices, software, and any underlying information accessed or transferred by you using our services may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. § 2401, et seq.) and the Export Administration Regulations (50 C.F.R. § 730-774), as well as the import regulations of other countries. You agree not to export or re-export any our Devices or software to any foreign country. Any information transferred by you using our services to any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.

Assignment

You may not assign your rights or delegate any of your duties under the Terms of Service without our prior written consent, and any attempted assignment or delegation without such consent is void. We may assign all or part of the Terms of Service or your debts to us without notice.

Trademarks and licenses

The Ting name and logo are registered trademarks of Tucows, Inc.

Effective as of April 24, 2014