GoSmart Mobile Terms & Conditions | GoSmart Support

GoSmart Mobile Terms & Conditions

Terms & Conditions

Effective February 10, 2016.

Your wireless service is provided by “T-Mobile” (defined as T-Mobile USA, Inc., and its controlled subsidiaries, assignees, and agents). Your agreement for wireless service branded as “GoSmart Mobile®” (“GoSmart Mobile”) is with T-Mobile and includes these Terms and Conditions (“T&Cs”), any applicable supplemental terms and conditions, and your Rate Plan terms, which are available at www.gosmartmobile.com (collectively “Agreement”). Your Rate Plan includes your Service allotments for minutes, messages or data (“Allotments”), rates, coverage and other terms (“Rate Plan”). To the extent any term in your Rate Plan expressly conflicts with these T&Cs, the term in your Rate Plan will govern. Your Agreement applies to each line of Service, although different T&Cs may apply to different lines of Service on your account.

Please read these T&Cs carefully. They cover our relationship with you and important information about:

  • GoSmart Mobile services provided to you (“Service”);
  • Any equipment for which we provide Service, such as a phone, handset, tablet, or SIM card (collectively, a “Device”);
  • Any charges, taxes, fees, and other amounts we charge you or that were accepted or processed through your Device (“Charges”);
  • Privacy information;
  • Network management practices;
  • Limitations of liability; and
  • Resolution of disputes by arbitration and class action waiver.

If you give someone your personal account validation information, they can access and manage your account. Those changes will be binding on you. You may establish “Authorized Users” to manage your account so they can:

  • Make changes to your account;
  • Add or remove services or features to your account;
  • Receive notices and disclosures on your behalf;
  • Purchase Devices for use with our Service; and
  • Incur Charges on your account.

1. Acceptance. YOUR AGREEMENT WITH US STARTS WHEN YOU ACCEPT. You accept these T&Cs by doing any of the following: (a) giving us a written or electronic signature or confirmation, or telling us orally that you accept; (b) activating, using, or paying for the Service or a Device; or (c) opening the Device box. IF YOU DON'T WANT TO ACCEPT, DON'T DO ANY OF THESE THINGS.

When you accept, you're telling us that you are of legal age (which means you are either legally emancipated, or have reached the age of majority as defined in your jurisdiction) and that you are able to enter into a contract.

2. * Dispute Resolution and Arbitration. YOU AND WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW (AND EXCEPT AS TO PUERTO RICO CUSTOMERS), ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OUR PRIVACY POLICY, OUR SERVICES, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT. This includes any claims against other parties relating to Services 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. We each also agree that the Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern the enforceability of this dispute resolution provision (despite the choice of law provision in Section 26). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).

Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYSFROM THE EARLIER OF THE DATE YOU PURCHASED A DEVICE FROM US OR THE DATE YOU ACTIVATED A NEW LINE OF SERVICE (the “Opt Out Deadline”). You must opt out by the Opt Out Deadline for each line of Service. You may opt out of these arbitration procedures by calling 1-888-236-1260 or completing the opt-out form located at www.gosmartmobile.com/dispute-resolution. Any opt-out received after the Opt Out Deadline will not be valid and you must pursue your claim in arbitration or small claims court.

For all disputes (except for Puerto Rico customers), whether pursued in court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to the address in Section 15 below. We each agree to negotiate your claim in good faith. If you and we are unable to resolve the claim within 60 days after we receive your claim description, you may pursue your claim in arbitration. We each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or this Agreement.

If the arbitration provision applies or you choose arbitration to resolve your disputes, then either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our registered agent (see Section 15) to begin arbitration. The arbitration of all disputes will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect at the time the arbitration is commenced. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration of all disputes will be conducted by a single arbitrator, who shall be selected using the following procedure: (a) the AAA will send the parties a list of five candidates; (b) if the parties cannot agree on an arbitrator from that list, each party shall return its list to the AAA within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. Upon filing of the arbitration demand, we will pay or reimburse all filing, administration and arbitrator fees. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. Puerto Rico customers: Refer to Section 14 for details on the Puerto Rico Telecommunications Regulatory Board’s Dispute Procedure.

CLASS ACTION WAIVER. YOU AND WE 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. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you. If you choose to pursue your claim in court by opting out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt out requirements above.

JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

3. * Your Term of Service. You are a month-to-month customer. If you terminate your Service, you are responsible for all Charges incurred through the end of your Service term. If we terminate your Service, we will determine the date of termination, and you will be responsible for all usage and Charges through the date of termination.

4. * Cancellation. If you cancel your Service you remain responsible for all Charges incurred through the end of your Service term. GoSmart Mobile Prepaid Service is non-refundable (even if returned during the cancellation period), and no refunds or other compensation will be given for unused airtime balances, lost or stolen prepaid cards, or coupons.

5. Our Rights to Make Changes. We may change, limit, suspend or terminate your Service or this Agreement at any time if you engage in any of the prohibited uses described in Section 17, no longer reside in a T-Mobile-owned network coverage area, or subject to our business policies, practices, and procedures, which we can change without notice. Under certain limited circumstances, we may also block your device from working on our network.

6. * Device Access. We may remotely change software, systems, applications, features or programming on your Device without notice. These changes will modify your Device and may affect or erase data you have stored on your Device, the way you have programmed your Device, or the way you use your Device. You will not be able to use your Device during the installation of the changes, even for emergencies.

7. Service Availability. Your actual Service area, network availability, coverage and quality may vary based on a number of factors including network capacity, terrain and weather. Outages and interruptions in Service may occur, and speed of Service varies. Devices also have varying speed capabilities and may connect to different networks depending on technology. Even within coverage areas and with broadband-capable devices, network changes, traffic volume, outages, technical limitations, signal strength, obstructions, weather, and other conditions may impact speeds and service availability. Coverage specific to GoSmart Mobile Prepaid Service may be found at www.gosmartmobile.com.

8. Emergency Alerts. T-Mobile has chosen to offer wireless emergency alerts, within portions of its coverage area, on wireless alert capable Devices. There is no additional charge for these wireless emergency alerts. For details, visit www.gosmartmobile.com.

9. * Billing. You agree to pay all Charges that were accepted or processed through your Device. You will not have access to detailed usage records or receive monthly bills. For disputed Charges, see Section 14. Usage. Airtime usage is measured from the time the network begins to process a call (before the phone rings or the call is answered) through its termination of the call (after you hang up). For voice calls, we round up any fraction of a minute to the next full minute. Depending upon your Rate Plan, data usage may be rounded at the end of each data session, at the end of your service cycle, and/or at the time you switch data plans. You may be charged for more than one call/message when you use certain features resulting in multiple inbound or outbound calls/messages (such as call forwarding, call waiting, voicemail, conference calling, and multi-party messaging). Usage and Charges incurred during a Service cycle will be deducted/included in that cycle. You will be charged for text, 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. Additional blocking options are available at www.gosmartmobile.com. Unused Rate Plan Allotments expire at the end of the time period associated with your Rate Plan. You may incur additional Charges for certain features and services. Charges for Wi-Fi usage may differ; see your Rate Plan for more details. Third-Party Service Provider Charges. Your Device can be used to purchase services and products from third parties, and Charges for these purchases may be deducted from your GoSmart Mobile prepaid Services account balance. If you are able to deduct third party provider charges from your GoSmart Mobile prepaid Services account balance, you can block the purchase of third-party products or services by visiting www.gosmartmobile.com or calling us..

10. * Data Plans and Other Features. Your Device may not be able to access data, or you may be charged for data usage on a pay per use basis, unless data Service is included in your Rate Plan (collectively “Data Plan”). Additional important information about your Data Plan and internet services can be found at www.gosmartmobile.com. To differentiate the services we sell, at times and at locations where there are competing customer demands for network resources, we give the data traffic of customers who choose T-Mobile-branded services precedence over the data traffic of customers who choose non-T-Mobile-branded services such as GoSmart Mobile. Where the network is lightly loaded, a GoSmart Mobile customer will notice little, if any, effect from having lower priority. This will be the case in the vast majority of times and locations. At times and at locations where the network is heavily loaded in relation to available capacity, however, GoSmart Mobile customers will likely see reductions in data speeds, especially if they are engaged in data-intensive activities. T-Mobile constantly works to improve network performance and capacity, but there are physical and technical limits on how much capacity is available, and at constrained locations, the frequency of heavy loading in relation to available capacity may be greater than at other locations. When network loading goes down or the GoSmart Mobile customer moves to a location that is less heavily loaded in relation to available capacity, the GoSmart Mobile customer’s speeds will likely improve. See gosmartmobile.com/OpenInternet for details. Protective Measures. To provide the best possible experience for the most possible customers and minimize capacity issues and degradation in network performance, we may take certain steps to manage our network. If you use your Data Plan in a manner that could interfere with other customers’ service, affect our ability to allocate network capacity among customers, or degrade service quality for other customers, we may suspend, terminate, or restrict your data sessions, or switch you to a more appropriate Data Plan. We also manage our 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 may implement other network management practices, such as deploying streaming video optimization technology. This 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 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. 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 a user’s 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. Downloadable Content and Applications. You can download and use content or applications (“Content & Apps”) on your Device that are not provided by T-Mobile, at your own risk. Third party Content & Apps may require your agreement to a license or other terms with the third party. Some Devices or Content & Apps may contact our network without your knowledge, which may result in additional Charges (e.g., while roaming internationally). Use of Information. We may retain, use, and share information collected when you download, use, or install some Content & Apps, may update your Content & Apps remotely, or may disable or remove any Content & Apps at any time. Refer to our Privacy Policy located at www.gosmartmobile.com/privacy, as well as the Content & Apps creator’s or 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 download, installation, use, transmission failure, interruption, or delay related to Content & Apps, or any third party content, services, advertisements, or websites you may be able to access by using your Device or the Services, even if charges for the Content & Apps are deducted from your GoSmart Mobile prepaid Services account balance.

11.* Roaming and International Calling. Roaming. Your Device may only be used within the T-Mobile owned domestic network coverage area (and not off-network or roaming on affiliate networks). International Roaming & Dialing. Availability and features offered for international roaming and dialing vary depending on your Rate Plan and Device and may require an additional feature on your account. Whether roaming internationally or making and sending international calls and messages while in the U.S. (or Puerto Rico), you may be charged international rates (including for voicemails left for you and for data usage). This includes per minute rates for calls and per minute rates for calls transferred to your voicemail and the relevant data rates for data usage. You may be charged for more than one call for unanswered calls that are forwarded to voicemail regardless of whether the calls result in an actual voicemail message being left for you and regardless of whether your Device is on or off. Some Devices and applications may incur usage and Charges while roaming. You may be able to disable these applications and features through your Device settings. Different rates and rounding increments apply in different countries. See www.gosmartmobile.com for information on international access, rates, Services and coverage. While roaming internationally, your data throughput may be reduced and your Service may be otherwise limited or terminated at any time without notice. You are responsible for complying with U.S. Export Control laws and regulations, and the import laws and regulations of foreign countries when traveling internationally with your Device.

12. * Taxes, Fees, and Surcharges. Taxes and Fees. You agree to pay all taxes and fees imposed by governments or governmental entities. We may not give advance notice of changes to taxes & fees. To determine taxes & fees, we will use the street address you identified as your Place of Primary Use (“PPU”). The PPU for Puerto Rico customers must be in Puerto Rico. If you did not provide the correct PPU, or if you provided an address (such as a PO box) that is not a recognized street address, does not allow us to identify the applicable taxing jurisdiction(s), or does not reflect the Service area associated with your telephone number, you may be assigned a default location for tax purposes. In the event you dispute your PPU or the location we assigned you and the resulting taxes or fees applied to your Service, you must request a refund of the disputed tax or fee within 60 days of our notification to you that the tax or fee has been assessed. Regardless of any rate plan guarantee, taxes and fees may change from time to time without notice. Surcharges. You agree to pay all Surcharges. Surcharges are not mandated by law, they are our Charges that are determined, collected and retained by us. The components and amounts of these Charges are subject to change without notice. Surcharges include charges, costs, fees and certain taxes we incur to provide Services (and are not government taxes or fees imposed directly on our customers that we must collect by law). Examples include general and administrative fees (such as certain costs we incur to provide Service) as well as governmental-related Surcharges (such as Federal or State Universal Service fees, regulatory or public safety charges, and gross receipts taxes). Surcharges assessed to you may vary depending on the type of Service you have. Surcharges will apply whether or not you benefit from the programs, activities or services included in the Surcharge. Surcharges are included in the price of your selected Rate Plan or prepaid refill.

13. * Payments. Your GoSmart Mobile Service account balance, if sufficient, or your active Service plan gives you access to our Service for a limited amount of time; you must use your Service during the designated period of availability. To use GoSmart Mobile you must purchase Service in advance; Service will be suspended when your purchased Service is fully depleted; and/or you are at the end of the time period associated with your GoSmart Mobile Service plan. Monthly plan features are available for 30 days, however, depending on the time of day that you activate your Service or that your Service expires, your Service cycle may not equal 30 full 24 hour days. Your monthly plan will automatically renew at the end of 30 days if you have a sufficient GoSmart Mobile Service account balance to cover your GoSmart Mobile Service plan before the first day after your Service cycle. If you do not have a sufficient GoSmart Mobile Service account balance, your Service will be suspended. If you do not reinstate Service within the required period based upon your Service plan, your phone number will be reallocated. The Charges for Service and the amount of time that Service is available following activation of your GoSmart Mobile Service account balance may vary; see www.gosmartmobile.comfor more information.

14. *Your Right to Dispute Charges. If you have any questions about your Service Charges, contact us by visiting www.gosmartmobile.com, by calling 1 877-582-7788 or 611 from your Device, or by writing us at the address set forth below in Section 15. Unless otherwise provided by law, you must notify us in writing of any dispute regarding your Charges to your account within 30 days (20 days for Puerto Rico customers) after the date you first receive the disputed Charge. If you do not notify us of your dispute in writing within this time period (Puerto Rico customers may also notify us by phone at 1 877-582-7788 or 611 from your Device, or by personal delivery at our stores of the written objection), you may not pursue a claim in arbitration or in court (or before the Telecommunications Regulatory Board for Puerto Rico customers). Except for Puerto Rico customers and unless otherwise required 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 Charge, you agree that the issue is fully and finally resolved. For unresolved disputes see Section 2 above. To contact or notify us, see Section 15.

Puerto Rico. We will provide you with a determination regarding any dispute you present to us in accordance with this Section 14 within 15 days after we receive it. You will have 20 days from the mailing date of the notification to request reconsideration of our determination. You may appeal our determination to the Telecommunications Board of the Commonwealth of Puerto Rico (“Telecommunications Board”) by filing a petition for review up to 30 days after the date of our determination. Your petition for review shall be made through the filing of a document containing the following information: (a) your name and address; (b) our company name; (c) the pertinent facts; (d) any applicable legal provisions that you are aware of; and (e) the remedy you are requesting. The document may be filed handwritten or typewritten, and must be signed by you. You must send us a copy of your document to the following address: GoSmart Mobile Customer Relations, P.O. Box 3220, Albuquerque, NM 87190, Attn.: Customer Service Manager. You must send your petition for review to the Puerto Rico Telecommunications Regulatory Board at the following address: 500 Ave. Roberto H. Todd (Pda. 18 – Santurce), San Juan, Puerto Rico 00907-3941. The Telecommunications Board will review our determination only on appeal. You are advised of the provisions regarding suspension of Service that appear in Law 33 of July 7, 1985, Law 213 of September 12, 1996 and Regulation 8065 promulgated on August 31, 2011 by the Telecommunications Board regarding the procedures for customer’s dispute resolution and suspension of Services.

15. * Notices and Customer Communications. We may contact you without charge, on any wireless telephone number assigned to your account for any purpose, including marketing messages, and in any manner permitted by law. You expressly consent to be contacted, by us or anyone contacting you on our behalf, for any purpose, including account or service related purposes, at any telephone number, or physical or electronic address where you may be reached, including any wireless telephone number. You agree that we, and anyone contacting you on our behalf, may communicate with you in any manner, including using a pre-recorded or artificial voice, or using an automatic telephone dialing system to place calls or send messages, alerts, or an automatic e-mailing system. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your Service and account.

You may contact us at www.gosmartmobile.com, by calling 1 877-582-7788 or 611 from your Device, or by writing to: Customer Relations, P.O. Box 3220, Albuquerque, NM 87190. Electronic notices are considered delivered when sent. Mail notices are considered delivered 3 days after mailing.

To begin arbitration or other legal proceeding, you must serve our registered agent. Our registered agent is Corporation Service Company and can be contacted at 1-866-403-5272. For Puerto Rico customers, our registered agent is The Prentice-Hall Corporation System, Puerto Rico, Inc. c/o FGR Corporate Services, Inc., Oriental Bank Building, Suite P-1, 254, Muñoz Rivera Avenue, San Juan, Puerto Rico, 00918, phone: 1-800-927-9801.

16. * 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 Rate Plan Charges, applicable taxes, fees, and Surcharges. If Charges are incurred before you notify us, you are not liable for Charges you did not authorize. However, the fact that your Device or Account was used is some evidence of authorization. You may request us to 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 30 days and you will remain responsible for the Charges. If you request that we not suspend your Service, you will remain responsible for Charges incurred. We may prevent a lost or stolen Device from registering on our and other networks.

17. * Permitted and Prohibited Uses. Your Data Plan is intended for Web browsing, messaging, and similar activities. Unless explicitly permitted by your Rate Plan or Data Plan, Certain activities and uses of our Services and your Device are permitted and others are not. If you buy a Device manufactured for use on our network, you agree, and we rely on your agreement, that you intend it to be activated on our Service and will not resell or modify the Device, or assist any doing so.

Permitted uses include (a) Voice calls; (b) Web browsing; (c) Messaging; (d) Email; (e) Streaming music; (f) Uploading and downloading applications and content to and from the Internet or third party stores; (g) Using applications and content without excessively contributing to network congestion; and (h) Tethering your Device to other non-harmful devices pursuant to the terms and conditions and allotments of your Data Plan.

Unless explicitly permitted by your Rate Plan or Data Plan, you are not permitted to use your Service or Device, or attempt, assist or facilitate anyone else to use the Service or Device in a way that we determine: (1) Uses a repeater or signal booster other than one we provide to you; (2) Compromises network security or capacity, degrades network performance, uses malicious software or “malware”, hinders other customers’ access to the network, or otherwise adversely impacts network service levels or legitimate data flows; (3) Uses applications which automatically consume unreasonable amounts of available network capacity; (4) Uses applications which are designed for unattended use, automatic data feeds, automated machine-to-machine connections, or applications that are used in a way that degrades network capacity or functionality; (5) Misuses the Service, including "spamming" or sending abusive, unsolicited, or other mass automated communications; (6) Accesses the accounts of others without authority; (7) Resells the Service, either alone or as part of any other good or service; (8) Tampers with, reprograms, alters, or otherwise modifies your Device to circumvent any of our policies or violate anyone’s intellectual property rights; (9) Causes harm or adversely affects us, the network, our customers, employees, business, or any other person; (10) Conflicts with applicable law; or (11) Is not in accordance with these T&Cs.

18. Our Rights to Limit or End Service or the Agreement. We may change, limit, suspend or terminate your Service or this Agreement at any time, including if you engage in any of the prohibited uses described in Section 17 or no longer reside in a T-Mobile-owned network coverage area. Under certain limited circumstances, we may also block your device from working on our network.

19. * License. Your Device’s Software is licensed, not sold, to you by us and/or other licensors for your personal, lawful, non-commercial use on your Device only. You may only use the Software as authorized by its license. Your Device’s “Software” includes its software, interfaces, documentation, data, and Content & Apps, as each may be updated or replaced by feature enhancements or other updates.

Except as permitted by applicable law, you may not assign, transfer, sublicense, copy, reproduce, redistribute, resell, modify, decompile, attempt to derive the source code of, or reverse engineer all or any part of the Software, or alter, disable or circumvent any digital rights management security features embedded in the Software. The Software may not be transferable from one Device to another Device. You may not create derivative works of all or any part of the Software. You agree the Software contains proprietary content and information owned by us, our licensors, and/or other third parties. We, our licensors, and such other third parties reserve the right to change, suspend, terminate, remove, impose limits on the use or access to, or disable access to, the Software at any time without notice and will have no liability for doing so. You agree that your violation of the Software license harms us, our licensors, and/or other third parties, which cannot be fully redressed by money damages, and that we, our licensors, and such other third parties shall be entitled to immediate injunctive relief in addition to all other remedies available.

20. Digital Millennium Copyright Act (“DMCA”) Notice. If you believe that material residing on our system or network infringes your copyright, notify our Designated Agent by using the DMCA notice procedure described at www.gosmartmobile.com/dmca. Our Designated Agent is: Christina Kirkpatrick, 12920 S.E. 38th Street, Bellevue, WA 98006; copyrightagent@t-mobile.com; phone: 425-383-4000. There are substantial penalties for sending false notices. It is our policy, in appropriate circumstances and in its sole judgment, to suspend or terminate the Service of any subscriber, account holder, or user who is deemed to be a repeat or blatant infringer of copyrights.

21. * Privacy Information. Our Privacy Policy, which describes how we collect, use, and share information related to your use of our products and services, is available online at www.gosmartmobile.com/privacy.

22. * Disclaimer of Warranties. EXCEPT FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED WITH A GOSMART MOBILE DEVICE YOU PURCHASE FROM US, AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND DEVICES ARE PROVIDED ON AN “AS IS” 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 OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE. WE CAN'T AND DON’T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND DON'T AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. 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.

23. * Waivers and Limitations of Liability. UNLESS PROHIBITED BY LAW, 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. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. YOU AGREE WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY, OR BY ANY ACT OF GOD. YOU ALSO AGREE WE ARE NOT LIABLE FOR MISSED OR DELETED VOICE MAILS OR OTHER MESSAGES, FOR ANY INFORMATION (LIKE PICTURES) THAT GETS LOST OR DELETED IF WE WORK ON YOUR DEVICE, OR THE FAILURE OR DELAY IIN CONNECTING A CALL OR TEXT TO 911 OR ANY OTHER EMERGENCY SERVICE. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN 2 YEARS OF THE DATE THE CLAIM ARISES.

24. * Indemnification. You agree to defend, indemnify, and hold us and our directors, officers, and employees harmless from any claims arising out of 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, any person on your account, or that you allow to use your Service or your Device.

25. * 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 don’t 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 can't assign or transfer 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. You understand that the assignment or transfer of all or any part of this Agreement or your debt will not change or relieve your obligations under this Agreement. The Agreement is the entire agreement between you and us regarding the rights you have with respect to your Service or Device, except as provided by law, and you cannot rely on any other documents or statements by any sales, 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; we are not a party to that agreement. The original version of the Agreement is in English. To the extent there are conflicts between the English version and any other language version, the English version will control. Any determination made by us pursuant to this Agreement, shall be in our sole reasonable discretion. Paragraphs marked “*” continue after termination of our Agreement with you.

26. * Choice of Law. This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state in which our records indicate your telephone number is located, without regard to the conflicts of laws rules of that state. Foreign laws (except for Puerto Rico) do not apply. Arbitration or court proceedings must be in: (a) the county and state in which our records indicate your telephone number is located, but not outside the U.S; or (b) in Puerto Rico if our records indicate your telephone number is located in Puerto Rico. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.