PLAN TERMS & CONDITIONS

Last Updated: September 17, 2023.

Your HERE! Wireless service is provided by HERE! Wireless, including its affiliates, assigns and agents (“HERE! Wireless,” “HERE!,” “we,” “us” or “our”). These Terms and Conditions (“T&Cs”) are part of your service agreement with HERE! Wireless and constitute a contract under which we provide you Service under terms and conditions that you accept.

Your service agreement (“Agreement”) with us includes these T&Cs and our Policy documents located at herewireless.com, including our Acceptable Use Policy, 911/E911 Access Statement, Privacy Policy, any subscriber agreement or transaction materials that you sign or accept, service plan(s) that you choose as set forth in our written services and transaction materials that we provide or refer you to during the sales transaction, any confirmation materials that we may provide to you, and any other supplemental terms and conditions that we provide or otherwise make available to you.

In the event of a conflict between these T&Cs and any other materials that make up the Agreement, these T&Cs shall govern to the extent necessary to resolve the conflict.

Please read these T&Cs carefully. They cover important information about our services provided, including device SIM, or other equipment or third-party device used with our Service (“Device”); and any access and usage charges, taxes, fees, assessments, and other charges we bill you or that were accepted or processed through your Device (“Charges”). These T&Cs include terms regarding service plan changes and late payments, limitations of liability, privacy and resolution of disputes by arbitration instead of in court.

You and any authorized users on your account will have access to account information and may be able to make changes to the account. If you give your personal account validation information to someone, they can access and make changes to your account. Those changes will be binding on you. Authorized changes may require your agreement to new T&Cs.

1. Acceptance. Your agreement with HERE! Wireless starts when you accept our terms and conditions. You represent that you are at least the age of majority in your state of residence (twenty-one (21) years old) 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 verbally that you accept; (b) activating Service; (c) using your Service after you make a change or addition; or (d) paying for the Service or a “HERE! Wireless Device” (a Device purchased from HERE! Wireless, or a HERE! Wireless dealer (“Dealer”) for use with the HERE! Wireless Service). IF YOU DO NOT WANT TO ACCEPT, DO NOT DO ANY OF THESE THINGS.

2. Dispute Resolution and Arbitration. HERE! Wireless and you 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 binding dispute resolution and arbitration process (the “ADR Process”) shall also apply to 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 HERE! Wireless terminates. The ADR Process shall survive the termination of this Agreement. For the avoidance of doubt, the above phrase “any and all claims or disputes” includes any claims under the Telephone Consumer Protection Act, which are also subject to this ADR Process.

You understand that this Agreement shall be binding on you, your heirs, executors, successors and assigns, that the Agreement will be governed by the laws of Texas, and that jurisdiction and determined to be invalid or unenforceable, it does not affect the validity of the remainder of the Agreement. This Agreement controls notwithstanding any conflicting terms or conditions of any other agreement between the parties. You agree to these terms and conditions and acknowledges receipt of the Agreement. HERE! Wireless may require that all claims or disputes between you and HERE! Wireless and/or its present and former directors, officers, employees, agents, representatives and assigns, in any way arising out of or related to this Agreement be decided by binding arbitration administered by the American Arbitration Association ("AAA") pursuant to the Federal Arbitration Act, 9 U.S.C., 1, et seq, and in accordance with the Commercial Arbitration Rules of the AAA that are in effect at the time the demand for arbitration is filed, unless the parties mutually agree otherwise in writing. The decision of the arbitrator(s), which shall state finding of fact and conclusions of law, shall be final, conclusive and binding on the parties and judgment may be entered thereon in the District Court of Dallas County, Texas to enforce the decision.

WAIVER OF JURY TRIAL. BY AGREEING TO ARBITRATE ALL DISPUTES, HERE! WIRELESS AND YOU ARE BOTH WAIVING ANY STATUTORY AND CONSTITUTIONAL RIGHTS TO A JURY TRIAL. TO THE EXTENT ALLOWED BY LAW AND TO THE EXTENT THE ADR PROCESS AND THIS ARBITRATION AGREEMENT IS FOUND TO BE UNENFORCEABLE, HERE! WIRELESS AND YOU WAIVE STATUTORY AND CONSTITUTIONAL RIGHTS TO A JURY TRIAL. PLEASE BE ADVISED THAT 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.

Pre-arbitration Dispute Resolution. Before initiating any arbitration against HERE! Wireless, you must comply with this provision. For all disputes, you must first give us an opportunity to resolve your claim by calling our Customer Care department and providing a written description and supporting documentation of your claim, if requested by the HERE! Wireless care agent. HERE! Wireless and you each agree to negotiate your claim in good faith. If HERE! Wireless and you are unable to resolve the claim within sixty (60) days after HERE! Wireless receives your claim description and supporting documentation, you may pursue your claim in arbitration.

CLASS ACTION WAIVER. HERE! Wireless 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 HERE! Wireless.

3. Refunds; Cancellation or Termination of Service Plans

3.1 General. Subject to our Refund Policy as described below, you may cancel or we may terminate (in accordance with these T&Cs and our Acceptable Use Policy) any Service plan that you purchase from us at any time; provided that, except as otherwise required by applicable law and our Refund Policy, you will not receive any refund of amounts paid to us in connection with any such Service plan whether cancelled by you or terminated by us.

3.2 Plan Refund Policy. For single month cellular service plans, no refunds will be issued once the service is activated. For multi-month cellular service plans (e.g., 6-month, 12-month plans), any unused full month (30 days) funds will be refunded. For single month Cloud Safeguard purchase, no refunds will be issued once the service is activated. For multi-month cloud safeguard subscription (e.g., 6-month, or 12-month), any unused full month (30 days) credits will be refunded. There are no refunds for top-ups. Refunds will be processed within ten (10) business days after you contact us. You are not required to physically return your SIM card in order for you to cancel your cellular service. For our Device, SIM Kit, and Accessory Return Policies, see Section 15.

3.3 Plan Change Policy. Changes made to a service plan via the My Account portal will take effect starting from the next billing cycle. To change your current service plan to take immediate effect within the current billing cycle, call Customer Care.

4. Our Rights to Make Changes. This provision is subject to requirements and limitations imposed by applicable law and will not be enforced to the extent prohibited by law. Your Service is subject to our business policies, practices, and procedures, which we can change without notice. WE RESERVE THE RIGHT TO CHANGE OR MODIFY THESE T&Cs, OUR SERVICES, DISCOUNTS, TECHNOLOGIES (INCLUDING CHANGES TO OUR NETWORK THAT MAY IMPACT YOUR DEVICE’S COMPATIBILITY), COVERAGE, OR ANY OTHER TERMS IN THE AGREEMENT AT ANY TIME AND YOU AGREE TO BE BOUND BY ALL SUCH CHANGES OR MODIFICATIONS ON THE EARLIER OF WHEN WE (i) POST THEM ON THE HERE! WIRELESS WEBSITE, OR (ii) SEND THEM TO YOU (ELECTRONICALLY OR OTHERWISE). BECAUSE THESE T&Cs ARE SUBJECT TO CHANGE AT ANY TIME, YOU SHOULD ALWAYS CHECK THE HERE! WIRELESS WEBSITE FOR THE MOST CURRENT VERSION. IF WE CHANGE THE SERVICE FEE APPLICABLE TO YOUR SERVICE PLAN, YOU WILL HAVE 5 DAYS FROM THE DATE WE POST OR NOTIFY YOU OF THE REVISED SERVICE FEE TO TERMINATE YOUR SERVICE PLAN BY (i) CONTACTING OUR CUSTOMER CARE OR (ii) MANAGING YOUR ACCOUNT PREFERENCES ON THE HERE! WIRELESS WEBSITE. IF YOU FAIL TO CANCEL YOUR SERVICE PLAN WITHIN THE 5 DAY PERIOD, YOU WILL BE DEEMED TO HAVE ACCEPTED THE RATE INCREASE. ANY INCREASE IN TAXES, REGULATORY FEES OR ASSESSMENTS WILL NOT BE CONSIDERED AN INCREASE IN ANY SERVICE FEE AND WILL NOT ENTITLE YOU TO EXERCISE THE FOREGOING CANCELLATION RIGHT. WE ARE NOT LIABLE TO YOU FOR CHANGES IN OPERATION, EQUIPMENT, OR TECHNOLOGY (INCLUDING THE NETWORK) THAT CAUSE YOUR DEVICE TO BE RENDERED OBSOLETE OR REQUIRE MODIFICATION.

5. Compatible Devices. You must use a supported, compatible Device to access the HERE! Wireless Service via the HERE! Wireless network. Only certain phones and tablet computers are supported Devices. HERE! Wireless will provide you with a list of supported Devices upon your request. Supported Devices may include Devices that do not permit use of an eSIM and/or SIM card. 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.

6. Service Availability. Coverage maps only approximate our anticipated wireless coverage area outdoors; actual Service area, coverage and quality may vary and change without notice depending on a variety of factors including network capacity, terrain and weather. Outages and interruptions in Service may occur, and speed of Service varies. You agree we are not liable for problems relating to Service availability or quality.

7. Important Emergency and 9-1-1 Information and Emergency Alerts. When making a 9-1-1 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. HERE! Wireless is not responsible for failures to connect or complete 9-1-1 calls for any reason whatsoever, including without limitation if inaccurate location information is provided. 9-1-1 service may not be available or reliable and your ability to receive emergency services may be impeded. We or our network supplier may use a variety of information and methods to determine the location of a 9-1-1 call, including Global Positioning Satellites, our network supplier’s wireless network, the street address you have provided us 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 9-1-1 call and neither HERE! Wireless nor its network supplier determines the public safety agency to which your 9-1-1 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 9-1-1 location services, while the port is being implemented. If you are porting a phone number to us, 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 9-1-1 while outside the U.S., 9-1-1 services may not be available. For important information concerning your limited ability to access 9-1-1 emergency services when connected to Wi-Fi Calling on a compatible Device, including your obligation to provide us with your most recent physical location (your “Registered Location”) whenever using the Wi-Fi Calling feature, please refer to the 911 & E911 Access Information posted on the HERE! Wireless website.

8. Service Plans

8.1 General. Your Service will operate only after you have purchased and redeemed a HERE! Wireless Service plan and Activation Charge. We may offer plans that can only be activated through the HERE! Wireless application. You agree to become a paid subscriber to the HERE! Wireless service in order to continue your access to the HERE! Wireless service. Visit our website located at herewireless.com for specific details. Airtime expiration is subject to the terms of your plan. Your account may be canceled or deactivated for any violation of these T&Cs or the Acceptable Use Policy, or if the following occurs: (1) your airtime has expired (e.g., after 30 days on any 1-month plan) without a successful renewal payment, which places you in suspended status, and (2) you have not successfully paid for any plan renewal for 15 days or more while in suspended status. Upon cancellation for any reason, we may reassign the phone number associated with your account, and you may be unable to transfer that number to a different carrier. To ensure uninterrupted service, you are required to renew your account before your airtime expires. Please visit our website located at herewireless.com for the latest information regarding our Service plans and Trial Plans.

8.2 Charges. You agree to pay all charges we bill you or that were accepted or processed through your Device. All HERE! Cellular Service plans are measured on 30-day monthly cycles (including for purposes of determining your data usage levels, as described below in Section 8.6). We may offer you the opportunity to set up automatic payments through the method of payment on your account, which payments will be automatically charged at the end of your applicable payment cycle (“Auto Renew”). When you enroll in Auto Renew, automatic payments for plan fees that you incur will continue until you deactivate Auto Renew. The recurring charge may vary if you change your plan or we change our prices, following notice to you. You may deactivate Auto Renew or review your payment preferences at any time by contacting our Customer Care or managing your account preferences on the HERE! Wireless website or the HERE! My Account App. You must change your Auto Renew preferences or deactivate 48 hours prior to the end of your payment cycle in order for the change to go into effect. No minimum purchase is necessary to enroll in Auto Renew. For disputed charges, see Section 11. You agree to provide us with accurate and complete payment information and to immediately report to us all changes to your payment information.

8.3 Voice Usage. HERE! Wireless Service plans 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 our network supplier 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.

8.4 Data Usage and Messaging. HERE! Wireless Service plans include a data plan (“Data Plan”) as part of your Service. Data usage is rounded up to the next full kilobyte increment at the end of each data session. 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 through a HERE! Wireless Service plan (both data that comes with a particular HERE! Wireless Service plan and any additional data you purchase as an add-on), will expire immediately upon termination of your HERE! Wireless Service plan for any reason.

8.5 Permissible and Prohibited Uses. Your Data Plan is intended for Web browsing, messaging, and similar activities on your Device and not on any other equipment. Other uses, including for example, using your Device as a modem or tethering your Device to a personal computer or other hardware, may be permitted under your Data Plan, but are also subject to our Acceptable Use Policy. Examples of prohibited uses can be found in Section 14 of these T&Cs and in our Acceptable Use Policy.

8.6 Data Usage Level. HERE! Wireless has set a monthly cycle (30-day) 5G and/or 4G LTE data usage level (“Usage Level”) for each of the HERE! Wireless Service plans. 5G and/or 4G LTE access requires a capable device and SIM within an appropriate coverage area. Actual availability, speed, and coverage may vary. Data is for personal use in USA only. Our network supplier measures your upload and download data usage (“Actual Usage”) to determine if your total Actual Usage, as aggregated over the applicable 30-day period (“Usage Total”), exceeds the 30-day Usage Level for the Service plan you selected, at which point you may be unable to send and receive data (which may prevent you from sending or receiving MMS messages) over the HERE! Wireless network until the end of the applicable 30-day period, except to the extent you purchase a data add-on. Partial megabytes are rounded up. Please note that “Actual Usage” includes all of your requests to upload or download data, whether or not 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 or your Mobile HotSpot (tethering) 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. If you purchased an Unlimited Service plan and you exceed your Service plan’s 30-day Usage Level of 20GB of 5G and/or 4G LTE data, HERE! Wireless or its network supplier will reduce the speed at which you can send and receive data over the HERE! Wireless network until the end of the applicable 30-day period, except to the extent you purchase a data add-on. Certain data-intensive activities including but not limited to online gaming, file downloads/uploads, and video streaming, may be limited and/or inaccessible on network after data is reduced after 20GB on Unlimited Service plans. For all Service plans, HERE! Wireless’s network supplier may also reduce speeds during times of network congestion. Once you begin a new 30-day period in your Service plan, your Service plan Usage Level will be reset and your upload and download speeds will be restored, subject to all limitations listed in these T&Cs (including, but not limited to, to the Data Usage Level limitations listed herein, 5G and/or 4G LTE network availability, a capable device and SIM within an appropriate coverage area, and the actual network speeds of HERE! Wireless’s network supplier). 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 and/or a Mobile HotSpot (tethering), if you download significant quantities of music files, movies, and/or software applications, and/or if you engage in other high-bandwidth activities.

8.7 Protective Measures. To provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance, we or our network supplier 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 or our network supplier may suspend, terminate, or restrict your data session, prioritize on-Device over Mobile HotSpot (tethering) traffic, or switch you to a more appropriate Data Plan which may result in an increased cost. We or our network supplier also manage the network to facilitate the proper functioning of services that require consistent high speeds, such as video calling, which may, particularly at times and in areas of network congestion, result in reduced speeds for other services. Additionally, we or our network supplier 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. 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. The streaming video optimization process is agnostic as to the streaming video content itself and to the website that provides it, however, we or our network supplier may prioritize on-Device data over Mobile HotSpot (tethering) data. While most changes to streaming video files are likely to be indiscernible, the optimization process may minimally impact the appearance of the streaming video as displayed on your Device. These practices operate without regard to the content itself or the source of the content, and do not discriminate against offerings that might compete against those offered by us on the basis of such competition.

8.8 Cloud Safeguard. HERE! Wireless offers a range of cloud safeguards to prevent access to adult websites and other inappropriate/offensive/explicit content from the internet. Details of the categories of content blocked by our cloud safeguards are on herewireless.com. Cisco Safe Search is an automatic filter of pornography and other offensive content that is built into search engines to prevent inappropriate content from being returned in search results. Cloud safeguards are not foolproof and should not be construed as a substitute for taking steps to monitor access to content. Enabling cloud safeguards may also prevent access to some Google Play apps.

8.9 Wi-Fi Features. HERE! Wireless, 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 HERE! Wireless, Wi-Fi Calling will only be available for HERE! Wireless customers that (i) have a Wi-Fi capable Device with HERE! Wireless supported Wi-Fi calling capability, (ii) have Wi-Fi Calling service provisioned on their account by calling Customer Care or updating preferences in account management, and updating the applicable Wi-Fi calling settings on your Device, (iii) have a compatible SIM card or eSIM, and (iv) are connected to functioning third-party internet service. Not all services available on HERE! Wireless’s network supplier’s network are available while using Wi-Fi Calling. For example, emergency alerts may not be available with Wi-Fi Calling.

Please read our 911/E911 Access statement on herewireless.com. You understand and acknowledge that calling 911 via Wi-Fi Calling uses the internet and operates differently than calling 911 via traditional telephone services (wireless or wired), including the traditional wireless telephone services offered by HERE! Wireless. NEITHER HERE! WIRELESS NOR ITS NETWORK SUPPLIER 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 9-1-1 CALLS OR OTHERWISE).

8.10 Downloadable Content and Applications. Content or applications (e.g., downloadable or networked applications, wallpapers, ringtones, games, and productivity tools) (collectively, “Content & Apps”) except for the HERE! Parental Control App (“HERE! App”) that you can purchase with your Device are not sold by HERE! Wireless. HERE! Wireless is not responsible for the Content & Apps, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the Content & Apps. Unless otherwise stated, any support questions for these Content & Apps may be directed to the third-party seller. When you use, download or install Content & Apps sold by a third-party seller, you may be subject to license terms, terms of use, a privacy policy and/or other policies between you and that third party. Content & Apps you purchase from third parties are licensed for personal, lawful, non-commercial use on your Device only. You may not transfer, copy, or reverse engineer any Content & Apps, or alter, disable or circumvent any digital rights management security features embedded in the Content & Apps. Content & Apps may not be transferable from one Device to another Device. Some Devices or Content & Apps may continue to have contact with our network without your knowledge, which may result in additional charges, for example, while roaming internationally. Software on your Device may automatically shut down or limit the use of Content & Apps or other features or Services without warning. HERE! Wireless is not responsible for any third-party content, advertisements, or websites you may be able to access using your Device.

8.11 Use of Information. If you visit any third-party website or app store, or download or use any Content & Apps, the third party may access, collect, use or disclose your personal information or require the network carrier to disclose your information, including location information (when applicable) to the Content & Apps provider or some other third party. If you access or use any Content & Apps through the HERE! Wireless Service, you agree and authorize HERE! Wireless and its network supplier to provide information related to such use. You understand that your use of a third-party app is subject to the third party’s terms and conditions and policies, including its privacy policy. Please refer to the Content & Apps creator/owner’s privacy policy for information regarding their use of information collected when you download, install, or use any third-party Content & Apps. We are not responsible for any transmission failure, interruption, or delay related to Content & Apps, or any content or website you may be able to access through the Content & Apps.

8.12 Roaming. Your Device may connect to another provider’s network (“Roaming”) even when you are within the HERE! Wireless coverage area. Check your Device to determine if you are Roaming. There may be extra charges (including long distance, tolls, data usage) and higher rates for Roaming usage, and your quality and availability of service may vary significantly. Our Roaming charges and rates are subject to change at any time and any such changes are effective forty-five (45) days after the posting of same to the HERE! Wireless website. Please check our website frequently so that you are aware of our latest Roaming charges and rates.

8.13 Suspension and Cancellation. If your account is deactivated due to nonpayment, your account will be in a suspended status for 15 days. If your account is not reactivated within the 15-day period, it will be cancelled. If your account is cancelled, your remaining balance will be forfeited, except as otherwise required by applicable law. For any cancelled accounts, we may reassign the phone number associated with your account and may be unable to transfer that number to a different carrier.

9. Taxes and Surcharges. You have enough to worry about. Our plan rates are inclusive of all taxes and surcharges.

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 twenty (20) 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 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.

11. Notices and Customer Communications

11.1 Receipt of 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 physical 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, or three (3) days after mailing to your address on file.

11.2 Autodialed or Prerecorded Messages. We may at times contact you using autodialed or prerecorded message calls or text messages at the telephone number associated with your Device. We may place such calls or texts to (i) provide notices regarding your HERE! Wireless account or account activity, (ii) investigate or prevent fraud,(iii) inform you about products or services that may be of interest to you, or (iv) collect a debt owed to us. You agree that we and our service providers may contact you using autodialed or prerecorded message calls and text messages to carry out the purposes we have identified above. We may also share your phone number with service providers with whom we contract to assist us in pursuing these interests, but will not share your phone number with third parties for their own purposes without your consent. Standard telephone minute and text charges may apply.

11.3 Revocation of Consent. You do not have to consent to receive autodialed or prerecorded message calls or texts in order to use HERE! Wireless Service. Where HERE! Wireless is required to obtain your consent for such communications, you may choose to revoke your consent by any reasonable means, including by (i) contacting our Customer Care, (ii) writing to: HERE! Wireless, 5410 Lyndon B Johnson Fwy #1421, Dallas TX 75240 Attn: Customer Care, or (iii) managing your account preferences on the HERE! Wireless website.

11.4 Registered Agent. To begin arbitration or any other legal proceeding against HERE! Wireless, you must serve our registered agent Northwest Registered Agent Service Inc. Please refer to the Northwest Registered Agent Service Inc list of Registered Addresses to find the applicable address in your state.

12. Lost or Stolen Devices. You agree to notify us if your Device is lost or stolen. Once you notify us, we will suspend your Service. After your Service is suspended, you will not be responsible for additional usage charges incurred in excess of your Service plan charges, and applicable Taxes and Surcharges. If you request that we not suspend your Service, you will remain responsible for all usage and charges incurred and applicable Taxes and Surcharges. We may prevent a lost or stolen Device from registering on any network. California customers: For charges incurred before you notify us, you are not liable for charges you did not authorize, but the fact that your Device or account was used is some evidence of authorization. You may request that we investigate charges you believe were unauthorized. We may ask you to provide information and you may submit information to support your request. If we determine the charges were unauthorized, we will credit your account. If we determine the charges were authorized, we will inform you within thirty (30) days and you will remain responsible for the charges.

13. Misuse of Service or Device. By activating or renewing HERE! Wireless Service with HERE! Wireless, you agree that you do so because you want HERE! Wireless Service from HERE! Wireless and not for any other purposes. HERE! Wireless Service plans may only be used for the following purposes (and your use of HERE! Wireless Service must be initiated from your supported, compatible Device or Mobile HotSpot (tethering)): (i) voice calls between two individuals; (ii) text and picture messaging; and (iii) Internet browsing and ordinary content downloads. 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 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 HERE! Wireless 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 HERE! Wireless Devices for profit, or tampering with, reprogramming or altering HERE! Wireless Devices for the purpose of reselling the HERE! Wireless 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, HERE! Wireless’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 you, any user of your Device, or any user on your account: (a) breaches the Agreement; (b) transfer(s) Service to another person without our consent; (c) becomes insolvent, goes bankrupt or threatens bankruptcy (except as prohibited by law); (d) misuses your Service or Device as described in Section 14 above; (e) uses your Service or Device in a manner that is excessive, unusually burdensome, or unprofitable to us; or (f) are on a Service plan that we determine is no longer available to you. We may impose credit, usage or other limits to your Service, suspend your Service, or block certain types of calls, messages or sessions (such as international, 10XXX, 0+/0-, chat services, 900 or 976 calls), in our sole discretion and without notice.

HERE! Wireless reserves the right to cancel or deactivate HERE! Wireless Service or reduce data throughput speeds in order to protect its network supplier’s network from harm or to protect itself from financial or other harm due to any cause including, without limitation, the excessive and/or unauthorized use of HERE! Wireless Service or any credit card “chargebacks.” HERE! Wireless reserves the right to limit throughput or the amount of data transferred and to deny or terminate Service to anyone HERE! Wireless believes is using the HERE! Wireless Service in an unauthorized manner or whose usage, in HERE! Wireless’s sole discretion, adversely impacts its network supplier’s network or customer service levels. HERE! Wireless will presume you are engaging in an unauthorized use in violation of these T&Cs, if in HERE! Wireless’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 HERE! Wireless’s network supplier’s network or service levels or to HERE! Wireless’s financial or other interests. If we determine, in our sole discretion, that you are using your Service in violation of these T&Cs or in any other manner that we deem to be unreasonable or excessive, we may terminate individual calls or data connections, terminate or reduce data throughput or terminate your Service, decline to renew your Service, or offer you a different Service plan without an unlimited usage component which may result in an increased cost to you.

HERE! Wireless may discontinue providing HERE! Wireless Service to you, discontinue your account, terminate data connections and/or reduce data throughput speeds if your usage, in the sole judgment of HERE! Wireless: (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 HERE! Wireless customers; or (ii) may be harmful or disruptive to, or interfere with, HERE! Wireless’s network supplier’s network, HERE! Wireless’s service or the ability to provide quality service to other customers. By initiating HERE! Wireless Service and placing or receiving calls, you acknowledge and agree to HERE! Wireless’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 No Future Service. In the event HERE! Wireless terminates your HERE! Wireless Service for any reason specified in Section 14.1 or otherwise, we reserve the right to prohibit you from using any HERE! Wireless Service plan in the future by blocking your device from our network, prohibiting you from using a new HERE! Wireless Service account that you purchase, or through other means.

14.3 Refund Policy. If you have purchased one of our 30-day Service plans and we terminate or suspend your Service for any reason specified in Section 14.1 or otherwise, you will not receive any refund of amounts paid to us in connection with such Service plan. If you have purchased one of our pre-paid, multi-month Service plans and we suspend or terminate your Service for any reason specified in Section 14.1 or otherwise, we will refund a pro rata portion of your Service fee (including cloud safeguard subscription) for any then-remaining 30-day Service period(s) within your Service plan, not including the 30-day Service period in which we suspend or terminate your Service.

14.4 Device, SIM Kits, and Accessory Returns. For HERE! Wireless-provided Devices, SIM Kits and accessory returns and exchanges, including a description of applicable restocking fees and/or shipping and handling fees depending upon the product condition, see the applicable return policy, which is available online at herewireless.com Some HERE! Wireless-provided Devices and accessories may not be refunded or exchanged, and you may be required to pay a restocking fee. Devices offered to HERE! Wireless customers, if any, will comply with the FCC’s regulations concerning hearing aid compatibility. Products purchased from retail locations may not be covered by these return policies and must be returned to the retailer location. HERE! Wireless makes no representations about such returns.

14.5 Device Warranty Information

All new Devices purchased from our website come with a one-year manufacturer warranty from the original date of sale. All refurbished Devices purchased from our website come with a 60-day warranty from the original date of sale. If your device is defective, please follow the Device Return instructions listed above in this section to see if the Device is eligible for a warranty replacement. If eligible, we’ll replace the defective Device with a Device of the same cosmetic condition 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, camera defects, unresponsive keys, dead pixels, etc.

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

• Attempting to ‘root’, ‘jailbreak’, 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 all accessories (charger, cables, manual, etc.) with the defective Device. If components are missing, we will charge a non-refundable missing parts fee as outlined here:

Item Fee

Battery: $50.00

Headphones: $30.00

A/C Charger: $7.00

USB Data Cable: $10.00

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.), it will be returned without repair / refund to the original address of purchase unless stated otherwise.

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.

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, HERE! WIRELESS 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.

15. Intellectual Property. You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of HERE! Wireless or any other third party. Except for a limited license to use the HERE! Wireless Service, your purchase of HERE! Wireless Service and HERE! Wireless Devices does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of HERE! Wireless or others related to the HERE! Wireless Service and HERE! Wireless Devices; this intellectual property may be used only with HERE! Wireless Service unless expressly authorized by HERE! Wireless. You agree that a violation of this section harms HERE! Wireless, which cannot be fully redressed by money damages, and that HERE! Wireless shall be entitled to seek immediate injunctive relief in addition to all other remedies available.

16. Privacy Information. Our Privacy Policy governs how we collect and use information related to your use of the HERE! Wireless Service and is available online at herewireless.com. We may change our Privacy Policy without notice; however, if we change our policy to allow use or disclosure of personal information in a way that, in our sole determination, is materially different from that stated in the policy at the time the data was collected, we will post notice in advance of the change. Data on your Device may automatically be stored on your SIM card (to the extent either technology may be available to you), Device or our network. Your data may remain on the Device even if your SIM card is removed; the data left on your Device will be accessible to others who use your Device, and may be deleted, altered, or transferred to our or our network supplier’s network servers.

17. Disclaimer of Warranties. EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN WRITING, AND TO THE GREATEST EXTENT PERMITTED BY LAW, THE HERE! WIRELESS 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, INCLUDING SECURITY OR AUTHENTICATION PURPOSES, 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. FOR MORE INFORMATION, PLEASE REVIEW OUR PRIVACY POLICY AT herewireless.com THIS DOESN’T DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE. IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO INTERCEPT YOUR COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR. YOU ACCEPT RESPONSIBILITY IF YOU USE YOUR SERVICE AS A MEANS OF SECURITY OR AUTHENTICATION FOR OTHER ACCOUNTS.

18. Waivers and Limitations of Liability. You agree that:

HERE! Wireless is not an insurer of services, nor can it insure the accuracy of your information or the privacy or security of your here! wireless accounts; HERE! Wireless has no control over the acts and conduct of third parties; HERE! Wireless is not responsible for losses incurred as a result of your or a third-party’s use of your HERE! Wireless number or other HERE! Wireless service as a source of authentication or verification in connection with any social media, email, financial, cryptocurrency or other account.

Except in cases of fraud or willful misconduct, to the greatest extent permitted by law, HERE! Wireless is not responsible for losses relating to any service, SIM card, and/or device it may offer under these T&Cs. Without limiting the generality of the foregoing, you agree that HERE! Wireless is not responsible for losses relating to your inability to reach 9-1-1 or access any other emergency services; your use of, or inability to use, any service, SIM card, or device under these T&Cs (including, without limitation, any service, SIM card, or device which may be offered in connection with any third-party hardware, software, or service, even if such third-party hardware, software, or service is offered by HERE! Wireless); and/or any interruption, error, limitation, or delay in any service, SIM card, or device. Without limiting the foregoing, you also agree that HERE! Wireless is not responsible for the installation, maintenance, removal, or technical support of any service, sim card, or device, provided under these T&Cs. Without limiting the foregoing, you also agree we are not liable for missed or deleted voicemails or other messages, for any information (like pictures) that get lost or deleted.

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AND WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT AND ACTUAL DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY. THIS MEANS THAT NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER 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. THESE DISALLOWED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES ARISING OUT OF UNAUTHORIZED ACCESS OR CHANGES TO YOUR ACCOUNT, SERVICE, OR DEVICE, OR THE USE OF YOUR ACCOUNT, SERVICE OR DEVICE BY YOU OR BY OTHERS TO AUTHENTICATE, ACCESS, USE OR MAKE CHANGES TO THIRD PARTY ACCOUNTS, INCLUDING BUT NOT LIMITED TO FINANCIAL, CRYPTOCURRENCY, OR SOCIAL MEDIA ACCOUNTS. THIS LIMITATION AND WAIVER ALSO APPLY 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.

IN ANY EVENT, TO THE GREATEST EXTENT PERMITTED 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. IN ADDITION, IN ANY EVENT, YOU AND WE EACH ALSO AGREE THAT ALL CLAIMS MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE DATE THE CLAIM ARISES.

19. Indemnification. You agree to defend, indemnify, and hold us harmless from and against any and all losses, claims, liabilities, costs and expenses (including taxes, fees, fines, penalties, interest, expenses of investigation and attorneys’ fees and disbursements) as incurred, arising out of or relating to use of the Service or Devices, breach of the Agreement, or violation of any laws or regulations or the rights of any third party by you or any person on your account or any person you allow to use your Service or Device.

20. Enforceability and Assignment. A waiver of any part of the Agreement in one instance is not a waiver of any other part or any other instance and must be expressly provided in writing. If we do not enforce our rights under any provisions of the Agreement, we may still require strict compliance in the future. Except as provided in Section 2, if any part of the Agreement is held invalid that part may be severed from the Agreement. You cannot assign the Agreement or any of your rights or duties under it without our written consent. We may assign all or part of the Agreement or your debts to us without notice. The Agreement is the entire agreement between HERE! Wireless and you and defines all of the rights you have with respect to your HERE! Wireless Service or HERE! Wireless 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; HERE! Wireless is not a party to that agreement. Any determination made by us pursuant to this Agreement, shall be in our sole reasonable discretion. Sections 2-3, 5, 8-13, and 15-21 of this Agreement continue after termination of our Agreement with you.

21. Choice of Law. The law of the state in which we provide service governs this Agreement, except to the extent that law is preempted by or inconsistent with applicable federal law.

22. CPNI. Customer Proprietary Network Information (“CPNI”) is information that HERE! Wireless 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 your CPNI to the extent needed to provide you with the Service, including, to the extent available and applicable, any multi-line services you have purchased. We also may use your CPNI to offer you additional services of the type you already purchase from HERE! Wireless. 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.

HERE! Wireless uses technology and security features and strict policy guidelines to safeguard the privacy of CPNI and protect it from unauthorized access or improper use. HERE! Wireless does not disclose CPNI outside of HERE! Wireless, its affiliates and their respective agents without customer consent except as required by law. When HERE! Wireless uses third parties to perform services on its behalf that require the use of CPNI, HERE! Wireless requires that they protect the CPNI consistent with this provision. HERE! Wireless does not sell CPNI to unaffiliated third parties.

If you wish to restrict our use of your CPNI for marketing purposes, please contact our Customer Care.

23. Pre-ordered products. To the extent available, certain devices or products may be released before shipping is available through a pre-order function. You will be charged the full amount of the order at the time you complete your pre-order. The “expected ship date” is when we expect the product to be shipped to you. Orders are shipped in the order in which they are received. You will receive a confirmation email once the order has been shipped. Any changes to the shipping date will be communicated to you via email. You may cancel the pre-order prior to when the product ships by calling Customer Care. In the event that certain devices are not available at the time of shipping, such as a requested color or memory amount, we will notify you via email. Additional restrictions may apply.

24. General promotional terms & conditions. From time to time, and in HERE! Wireless’s sole discretion, we may offer certain promotions (including, without limitation, credits, discounts, or “free” Service), for any reason whatsoever, to any subset of customers (e.g. new port-in customers, customers who meet certain eligibility requirements, etc.). For avoidance of all doubt, in addition to all other terms and conditions contained in these T&Cs, including but not limited to any applicable promotional terms, together with all other promotional terms which HERE! Wireless may publish as a supplement to these T&Cs, all of which shall apply to any such promotion according to these T&Cs, you and HERE! Wireless each agree that any promotion, to the extent available to you, any HERE! Wireless customer, or any subset of HERE! Wireless customers shall only be offered, if at all, in HERE! Wireless’s sole discretion and may be modified or terminated at any time without notice. Without limiting the foregoing, to the greatest extent permissible by applicable law, under no circumstances shall any promotional credits, discounts, or “free” Service be transferrable, combinable with any other offer, or redeemable for any amount of cash or credit.

Use of HERE! Wireless service is subject to the HERE! Wireless Terms & Conditions. Please always refer to the herewireless.com website for the latest Terms & Conditions, Acceptable Use Policy, current rates, and service plan details for the service, which are subject to change at any time and without notice, or contact Customer Care.