Plan Terms and Conditions

Last Updated: January 2nd, 2024

Your Nexys Mobile service is provided by Entrepreneur Wireless LLC d/b/a Nexys Mobile, including its affiliates, assigns and agents (“Nexys Mobile,” “Nexys,” “we,” “us” or “our”). These Terms and Conditions (“T&Cs”) are part of your service agreement with Nexys Mobile and constitute a contract under which we provide you Service under terms and conditions that you accept. Your service agreement (“Agreement”) with us includes (i) these T&Cs, (ii) our website Terms of Use located at nexysmobile.com/site-terms-of-use, (iii) our Privacy Policy located at nexysmobile.com/privacy-policy, (iv) our Acceptable Use Policy located at nexysmobile.com/acceptable-use-policy, (v) our Mobile Application End User License Agreement, at nexysmobile.com/app-end-user-license-agreement, (vi) our Nexys Softphone privacy policy, at nexysmobile.com/nexys-softphone-privacy-policy, (vii) any subscriber agreement or transaction materials that you sign or accept, (viii) the 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 (if your service plan is not specifically set forth in any printed materials, the requirements and terms set forth in the current written services and transaction materials apply, excluding plan charges and number of minutes included in your service plan), (ix) any confirmation materials that we may provide to you, (x) the terms set forth in any applicable coverage map brochures, and (xi) 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 makeup 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 to you (“Service”); your phone, handset, device, SIM card, embedded SIM (“eSIM”) (SIM card and eSIM, to the extent either technology may be available to you depending on your Device, your Service, and/or any other factor(s) in our sole discretion, are referred to interchangeably as “SIM,” “SIM card,” and/or (“SIM Kit”), data card, or other equipment or third party device used with our Service (“Device”); and any access and usage charges, SMS Charges, taxes, fees, assessments, and other charges we bill you or that were accepted or processed through your Device (collectively, “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 or business 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.

Acceptance. YOUR AGREEMENT WITH NEXYS MOBILE STARTS WHEN YOU ACCEPT. You represent that you are at least the age of majority in your state of residence (twenty-one (21) years old or legally emancipated if you are a Puerto Rico customer) 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 orally 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 “Nexys Mobile Device” (a Device purchased from Nexys Mobile, a Nexys Mobile dealer, or other Nexys Mobile authorized retailer (“Dealer”) for use with the Nexys Mobile Service). IF YOU DO NOT WANT TO ACCEPT, DO NOT DO ANY OF THESE THINGS.
Dispute Resolution and Arbitration. NEXYS MOBILE AND YOU 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 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 Nexys Mobile 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. As provided in Section 22 below, the Parties expressly agree that the arbitration provisions, as embodied in this ADR Process, shall be governed by federal law, including the Federal Arbitration Act and federal case law interpreting the Federal Arbitration Act. For purposes of enforcing any arbitration award, Nexys Mobile and you agree that the exclusive venue shall be United States District Court, District of Delaware (the “Federal Court”), in the first instance, and in the Delaware County Court of Common Pleas for the State of Pennsylvania, in the event the Federal Court does not have subject matter jurisdiction or diversity jurisdiction. Notwithstanding the foregoing, please be advised this Agreement affects interstate commerce, such that federal law would preempt state law. To the extent allowed by law, you agree to waive any argument that this Agreement does not affect interstate commerce. WAIVER OF JURY TRIAL. BY AGREEING TO ARBITRATE ALL DISPUTES, NEXYS MOBILE 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, NEXYS MOBILE 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 Nexys Mobile, you must comply with this provision unless you have a Puerto Rico address. For all disputes (except for Puerto Rico customers), you must first give us an opportunity to resolve your claim by calling our customer service department at (267) 376-4376 and providing a written description and supporting documentation of your claim, if requested by the Nexys Mobile care agent. Nexys Mobile and you each agree to negotiate your claim in good faith. If Nexys Mobile and you are unable to resolve the claim within sixty (60) days after Nexys Mobile receives your claim description and supporting documentation, you may pursue your claim in arbitration. Small claims option. As an alternative to arbitration, Nexys Mobile may choose to resolve payment disputes in small claims court in the county of your most recent billing address. Nexys Mobile and you agree that if you fail to timely pay amounts due, Nexys Mobile 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 applicable law or the Agreement. Either you or we may start arbitration proceedings following the above described 60-day period. However, in all cases, you must serve all necessary paperwork through our registered agent pursuant to Section 12.4 of these T&Cs. If a mutually agreed ADR service declines to administer the Claim, then you or Nexys Mobile may file a petition in Federal Court for the appointment of an arbitrator pursuant to 9 U.S.C. Section 5. Nexys Mobile and you agree to arbitration before a single arbitrator (the “Arbitrator”). The Arbitrator must be a retired judge or appellate justice, but otherwise will be selected pursuant to the applicable Arbitration Rules. Notwithstanding anything to the contrary in Section 22 or any state’s conflict of laws rules, in order to ensure the availability of witnesses, the Arbitrator will sit in Delaware County, Pennsylvania, where Nexys Mobile is headquartered, unless your billing address is in Puerto Rico, in which case the Arbitrator will sit in Puerto Rico. If you live outside of Delaware County, Pennsylvania, the Arbitrator shall permit you to fully participate in the arbitration hearing by videoconference, and the Arbitrator shall have discretion to allow any party to fully participate in the hearing by videoconference upon request. The purpose of this provision is to ensure that the ADR Process is more accessible than a court trial and that you are not dissuaded from bringing a legitimate claim because you need to personally attend court proceedings. In all cases, the Arbitration Rules shall apply, except as modified by the Agreement. Notwithstanding anything to the contrary in the Arbitration Rules, Nexys Mobile voluntarily agrees to the following: if the dispute involves less than $75,000.00, and you agree to limit your maximum recovery to $75,000.00, you may elect to have Nexys Mobile pay for the costs invoiced by the selected arbitration provider (“Arbitration Costs”). To the extent otherwise required by applicable law, the Arbitration Rules, or as required of Nexys Mobile to enforce the ADR Process, Nexys Mobile will pay for or reimburse Arbitration Costs. Otherwise, Nexys Mobile and you will equally share the payment of Arbitration Costs. The term Arbitration Costs does not include attorney’s fees incurred by you or Nexys Mobile. 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. Puerto Rico customers: Refer to Section 11 for details of the Puerto Rico Telecommunications Dispute Procedure. Discovery: Notwithstanding anything to the contrary in the Arbitration Rules, to the extent permitted by applicable law, you and Nexys Mobile agree that discovery shall be limited to one deposition per side and ten requests for production of documents and materials, including any electronically stored information, reasonably tailored to the issues in the case, given the Arbitrator’s discretion to limit the production of electronically stored information or shift the cost to the party seeking the production of electronically stored information, depending on the circumstances presented to the Arbitrator. The purpose of this provision is to ensure that the arbitration process is more affordable than an action in Court and that you are not dissuaded from bringing a legitimate claim based on the broader range of discovery permitted in a court action. Notwithstanding the foregoing, the Arbitrator will have discretion, upon a showing of good cause and necessity to ensure a fair hearing on the merits, to expand the limits of discovery to include additional depositions, additional document requests, or expanded to include written interrogatories in lieu of additional depositions. CLASS ACTION WAIVER. NEXYS MOBILE 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 Nexys Mobile.

Refunds; Cancellation or Termination of Service Plans.
1. General. Subject to our plan refund policies as described in Section 3.2 and 15.3 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/or our plan refund policies, 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.
2. Plan Refund Policy (Cancellations). You may request a refund and cancel your new Nexys Mobile service activation for any reason within seven (7) calendar days of activation, and we will refund the full purchase price and any associated taxes and fees, as long as you: (i) have purchased a Nexys Mobile plan on nexysmobile.com; and (ii) complete our refund request form located at www.nexysmobile.com/return_policy to cancel your new service activation (collectively, the “7-day money back guarantee” or “7-day risk-free trial”). For plans purchased through Nexys Mobile’s official amazon.com page, refund requests must be made through Amazon. You are not required to physically return the SIM kit in order to cancel your new service activation. Refunds will be processed within ten (10) business days after you contact us. We will not refund any funds loaded into your account, including any unused data or international roaming. You are not eligible to request a refund for a new Nexys Mobile service activation or SIM kit when forty-five (45) calendar days have passed since the date of purchase (“45-day refund exclusion”). SIM kits that are subject to the 45-day refund exclusion and that are not subsequently activated will automatically become inactive after two (2) years following the date of purchase.
3. Activation period. All service plans, including promotional plans and Trial Plans, must be activated within 45 days following the date of purchase. We reserve the right to suspend or terminate any plan or service that is not activated within 45 days following the date of purchase.
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 NEXYS MOBILE 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 NEXYS MOBILE 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 SERVICE DEPARTMENT AT (267) 376-4376, OR (ii) MANAGING YOUR ACCOUNT PREFERENCES ON THE NEXYS MOBILE 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.
Compatible Devices. You must use a supported, compatible Device to access the Nexys Service via the Nexys Mobile network. Only certain phones and tablet computers are supported Devices. Nexys Mobile 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.
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.
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. Nexys Mobile 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 Nexys Mobile 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 Section 8.8 (Wi-Fi Features) of these T&Cs, as well as the 911 & E911 Disclosure posted on the Nexys Mobile website www.nexysmobile.com/911_disclosure, and incorporated into Section 8.8 of these T&Cs by reference.
Service Plans.
1. General. Your Service will operate only after you have purchased and redeemed a Nexys Mobile Service plan. We may offer plans that can only be activated through the Nexys mobile application including, but not limited to, our 7-Day Trial Kit (a “Trial Plan”). Trial Plan access to the Nexys Mobile service will cease according to the specific terms of your Trial Plan. Trial Plans are not renewable and you must become a paid subscriber to the Nexys Mobile service in order to continue your access to the Nexys Mobile service. For certain Trial Plans, you may only be able to transfer your mobile phone number from your existing carrier when you purchase a standard Nexys Mobile service plan; for these Trial Plans you will instead be assigned a temporary mobile phone number. Upon converting a Trial Plan to a standard Nexys Mobile service plan, you may choose either to keep the temporary mobile phone number or to transfer your mobile phone number from your existing carrier. Visit our website located at nexysmobile.com for specific details. If you have activated any Trial Plan, you will not be able to transfer the temporary phone number associated with that Trial Plan to a new carrier unless you convert your Trial Plan to one of our paid plans. For all other Nexys Mobile service plans, airtime expiration is subject to the terms of your plan. Your account may be canceled for any violation of these T&Cs or the Acceptable Use Policy, or if the following occurs: (1) 5 days after your airtime has expired (e.g., after 30 days on any monthly plan) without a successful renewal payment, which places you in suspended status, and (2) you have not successfully paid for any plan renewal for 60 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 nexysmobile.com for the latest information regarding our Service plans and Trial Plans.
2. Charges. You agree to pay all Charges, including SMS Charges, that we bill you or that were accepted or processed through your Device. All Nexys 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), except that 12-month plans may be measured on 30-day and/or 31-day cycles, for a maximum of 365 days total. 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 are enrolled in Auto Renew, automatic payments for plan fees that you incur will continue until you cancel. The recurring charge may vary if you change your plan or we change our prices, following notice to you. You may cancel Auto Renew or review your payment preferences at any time by (i) contacting our customer service department at (267) 376-4376, or (iii) managing your account preferences on the Nexys Mobile website. You must change your Auto Renew preferences or cancel 24 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.
3. Voice Usage. Nexys Mobile 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.
4. Data Usage and Messaging. Nexys Mobile Service plans include a data plan (“Data Plan”) as part of your Service. Data services are intended only for personal use; unless international data roaming is purchased as an add-on, data services are exclusively for use within the U.S. 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 Nexys Mobile Service plan (both data that comes with a particular Nexys Mobile Service plan and any additional data you purchase as an add-on), will expire immediately upon termination of your Nexys Mobile Service plan for any reason.
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 located at https://nexysmobile.com/acceptable_use_policy. Examples of prohibited uses can be found in Section 14 of these T&Cs and in our Acceptable Use Policy.
6. Data Usage Level. Nexys Mobile has set a monthly (30-day or 31-day, depending on the plan purchased; see above Section 8.2 for explanation of monthly cycles) 5G and/or 4G LTE data usage level (“Usage Level”) for each of the Nexys Mobile Service plans, including our Family and Small Business 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 for personal use in U.S. 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 or 31-day period (“Usage Total”), exceeds the 30-day or 31-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 Nexys Mobile network until the end of the applicable 30-day or 31-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. The amount of high-speed data available for Mobile HotSpot (tethering) available for any 30-day or 31-day Service period is limited to 10GB for Family Unlimited plan, 20Gb for 2nd Line Personal plan, and 100GB for 2nd Line Solo, Team, and Traveler plans. 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 100GB on all Service plans. For all Service plans, Nexys Mobile’s network supplier may also reduce speeds during times of network congestion. Once you begin a new 30-day or 31-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 Nexys Mobile’s network supplier).
7. Protective Measures. For an explanation of our right to limit or end the Service please refer to Section 15 below. Without limiting our right to so limit or end the Service, and 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. Wi-Fi Features. Nexys Mobile, 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 Nexys Mobile, Wi-Fi Calling will only be available for Mint Mobile customers that (i) have a Wi-Fi capable Device with Nexys Mobile supported Wi-Fi calling capability, (ii) have Wi-Fi Calling service provisioned on their account by calling Customer Support 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 Nexys Mobile’s network supplier’s network are available while using Wi-Fi Calling. For example, emergency alerts may not be available with Wi-Fi Calling. You understand and acknowledge that calling 9-1-1 via Wi-Fi Calling uses the internet and operates differently than calling 9-1-1 via traditional telephone services (wireless or wired), including the traditional wireless telephone services offered by Nexys Mobile (see our complete 9-1-1 & E911 Disclosure posted on the Nexys Mobile website at https://nexysmobile.com/911_disclosure, which you hereby agree to and is incorporated herein by reference). Solely by way of example, and without limiting any of the disclosures contained in our 911 & E911 Disclosure, 9-1-1 may not work during internet outages or disruptions, when attempting to call 9-1-1 via Wi-Fi Calling from any location. In addition, emergency personnel may not be able to identify your phone number to call you back, and 9-1-1 calls may otherwise be delayed or dropped due to network architecture, when dialing 9-1-1 via Wi-Fi Calling, from any location. In addition, if Nexys Mobile makes Wi-Fi Calling available to you, you must provide us with any update, the physical location at which you will use Wi-Fi Calling (the “Registered Location”). If your Registered Location changes, either temporarily or permanently (e.g., when using Wi-Fi Calling at any other physical location), you must promptly update your Registered Location with Nexys Mobile. You may provide us with your Registered Location at any time within the applicable device settings of a compatible Device. If you do not provide us with an accurate Registered Location and update it promptly for any and all changes in your location as described above, we or our network supplier may block your usage of certain Wi-Fi Networks. You also understand and acknowledge that if you attempt to dial 9-1-1 via Wi-Fi Calling from any location other than your Registered Location, emergency personnel may not be able to identify your location, your 9-1-1 call may not complete, and/or your 9-1-1 call may be routed to emergency personnel in a different location. You understand and acknowledge that it may take up to 2 hours for changes in address to be updated, and you should notify Nexys Mobile in advance of any temporary or permanent changes to your Registered Location as described above. NEITHER NEXYS MOBILE 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). For additional information regarding dialing 9-1-1, either with or without Wi-Fi Calling, please see Section 7 of these T&Cs. Most devices will not transition between Wi-Fi and the wireless network. Devices using wireless connections may be vulnerable to unauthorized attempts to access data and software stored on the Device.
9. Downloadable Content and Applications. Content or applications (e.g., downloadable or networked applications, wallpapers, ringtones, games, and productivity tools) (collectively, “Content & Apps”) that you can purchase with your Device are not sold by Nexys Mobile. Nexys Mobile 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. Nexys Mobile is not responsible for any third-party content, advertisements, or websites you may be able to access using your Device.
10. 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 Nexys Mobile Service, you agree and authorize Nexys Mobile 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.
11. Roaming. Your Device may connect to another provider’s network (“Roaming”) even when you are within the Nexys Mobile 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 Nexys Mobile website. Please check our website frequently so that you are aware of our Roaming Charges and rates and any changes thereto. Please note that certain international roaming services may be offered on select plans; however, this feature does not include any international data roaming services (which must be purchased for an additional fee). This feature, if offered, may not be used for extended international use; account holder must reside in the U.S. and primary usage must occur in U.S. Your Device must first be activated on home network before international use. Your Service plan may be terminated/restricted for excessive roaming pursuant to these T&Cs (including but not limited to the usage limitations set forth in our Acceptable Use Policy).
12. Suspension and Cancellation. If your account is deactivated due to nonpayment, your account will be in a suspended status for 60 days. If your account is not reactivated within the 60-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.
13. eSIM. Only available on compatible and eligible, unlocked devices, on certain plans, at certain times, in Nexys Mobile’s sole discretion. Compatible and eligible devices, and the availability of eSIM (or SIM cards), are subject to change in Nexys Mobile’s sole discretion. The current list of eligible devices may be provided (pursuant Section 5). Customers with compatible and eligible devices are permitted to switch between an eSIM and a physical SIM card and vice versa. Limited to one activated eSIM per device.
International Long Distance / Global Text.
1. General. All international long-distance services included in your Service are handled by a third party not affiliated with Nexys Mobile, and are delineated on your receipts separately from the services provided by Nexys Mobile.
2. International Roaming Credits. Your Nexys Mobile Service plan may include international roaming credits (“Credits”) that you can use for international roaming minutes or data without additional charge (“Global Roaming”). The amount of Credits that you receive in connection with your Service plan may be determined by us in our sole discretion, and additional details are available on our website. Nexys Mobile may allow you to store Credits in your account for use at a later time. When your balance of Credits is zero, unless you add Credits to your account, you will not be able to use international roaming Service. Please be aware that except as provided by these T&Cs, Nexys Mobile will be under no obligation to offer any refunds or reimbursements for Credits that you receive from Nexys Mobile.
3. International Texts. “Global Text” and “Unlimited Global Text” means text or unlimited text only to applicable mobile-to-mobile destinations, and excludes audio, picture, and video messaging. Data usage rates and Charges may apply if you send audio, pictures, and/or video messages to an international mobile-to-mobile destination. Pursuant to Section 8.11, this feature may not be used for extended international use; account holder must reside in the U.S. and primary usage must occur in U.S. Your Device must first be activated on home network before international use. Your Service plan may be terminated/restricted for excessive roaming pursuant to these T&Cs (including but not limited to the usage limitations set forth in our Acceptable Use Policy).
Taxes, Fees and Surcharges. You are responsible for, and shall pay, the taxes, fees and surcharges set forth in Sections 10.1 – 10.4 below (“Taxes, Fees and Surcharges”) in connection with your Service account. Such Taxes, Fees and Surcharges will be included in your Service account Charges (a) at the time you order the Service and (b) each time there are any further Charges to your Service account. Payment of Taxes, Fees and Surcharges are included in payment for each Service plan. Payment of Taxes, Fees, and Surcharges for any products and services not included in your Service plan(s) will be billed to your credit card.
1. Federal Universal Service Fund Fee. The Federal Universal Service Fund Fee is designed to recover Nexys Mobile’s contribution to the Federal Universal Service Fund program. The Federal Universal Service Fund Fee is used to fund programs to increase access to advanced telecommunications services for consumers in rural areas at reasonable rates and provides federal program funding. Rate may change as determined by the Federal Communications Commission. The Universal Service Administrative Company (“USAC”) establishes a quarterly contribution factor, and Mint Mobile charges its customers the then-applicable rate charged to Nexys Mobile by USAC.
2. State Universal Service Fund Fees. The State Universal Service Fund Fee is designed to recover Nexys Mobile’s contribution to various state universal service fund programs. The State Universal Service Fund Fee is assessed as a percentage of intrastate revenues, gross revenues, or as a flat rate per line as set forth by the various state, county or municipal jurisdiction. Certain state agencies establish a quarterly, semi-annual or annual contribution factor.
3. Sales and Use Taxes. Sales and use taxes are assessed to allow Nexys Mobile to recover the cost of all federal, state, municipal, local or other governmental sales and use taxes now in force or enacted in the future, that arise as a result of your subscription to, use of, or payment for Nexys Mobile Service. To determine sales and use taxes, we will use the street address on file. If a credit card address is not on file, then we will use the ZIP code you entered upon activation of the Service. If activation ZIP code does not exist, then we will default to the ZIP code of Nexys Mobile’s headquarters: 19073. The address on file for Puerto Rico customers must be in Puerto Rico. If you did not identify the correct address, or if you provided an address (such as a PO box) that is not a recognized street address, does not identify the applicable taxing jurisdictions or does not reflect the Service area associated with your telephone number, you may be assigned the above described ZIP code for tax purposes.
4. 9-1-1 Fees. Each state, city, municipality, or county has specific charges that are levied for access to 9-1-1. Determination of the applicable 9-1-1 charges depends on where you purchase Nexys Mobile Service. Nexys Mobile may bill its customers for 9-1-1 charges. Any such 9-1-1 charges are a monthly recurring charge assessed on a per line basis and will appear on your monthly or multi-month receipt.
Your Right to Dispute Charges.
1. Unless otherwise provided by law, you agree to notify us of any dispute regarding your bill or Charges to your account within sixty (60) days (twenty (20) days for Puerto Rico customers) 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. Except for Puerto Rico customers and 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. For unresolved disputes see Section 2 above. To contact or notify us, see Section 12. This paragraph is notice to Puerto Rico customers that payment of undisputed Charges is due when stated on your bill, regardless of any dispute.
2. Puerto Rico Customers. We will provide you with a determination regarding any dispute that is presented to us in accordance with this Section 11 within fifteen (15) days after we receive it. 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 thirty (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: (i) your name and address; (ii) our company name; (iii) the pertinent facts; (iv) any applicable legal provisions that you are aware of; and (v) 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 Nexys Mobile, 18 Campus Blvd, Ste 100, Newtown Square, PA 19073, Attn: Customer Service. You must send your petition for review to the Telecommunications 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 5940 promulgated by the Telecommunications Board. You are also advised of Regulation 5939 of March 12, 1999 promulgated by the Telecommunications Board regarding the procedures for resolution of customer disputes.
Notices and Customer Communications.
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.
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 Nexys Mobile 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.
3. Revocation of Consent. You do not have to consent to receive autodialed or prerecorded message calls or texts in order to use Nexys Mobile Service. Where Nexys Mobile 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 service department at (267) 376-4376, (ii) writing to: Nexys Mobile, 18 Campus Blvd, Ste 100, Newtown Square, PA 19073, Attn: Customer Service, or (iii) managing your account preferences on the Nexys Mobile website. Written notices from you to us are considered delivered when you send an email or three (3) days after mailing to the address above.
4. Registered Agent. To begin arbitration or any other legal proceeding against Mint Mobile, you must serve our registered agent INCORP INC. Please refer to the INCORP INC. list of Registered Agent Addresses to find the applicable address in your state. Please note that INCORP INC. does not receive submissions via email or fax.
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, Fees and Surcharges. If you request that we not suspend your Service, you will remain responsible for all usage and Charges incurred and applicable Taxes, Fees 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.
Misuse of Service or Device. By activating or renewing Nexys Mobile Service with Nexys Mobile, you agree that you do so because you want Nexys Mobile Service from Nexys Mobile and not for any other purposes. Nexys Mobile Service plans may only be used for the following purposes (and your use of Nexys Mobile 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 Nexys Mobile 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 Nexys Mobile Devices for profit, or tampering with, reprogramming or altering Nexys Mobile Devices for the purpose of reselling the Nexys Mobile 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, Nexys Mobile’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.
Our Rights to Limit or End Service or the Agreement.
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.
2. No Future Service. In the event Nexys Mobile terminates your Nexys Mobile Service for any reason specified in Section 15.1 or otherwise, we reserve the right to prohibit you from using any Nexys Mobile Service plan in the future by blocking your device from our network, prohibiting you from using a new Nexys Mobile Service account that you purchase, or through other means.
3. Plan Refund Policy (Suspensions, Terminations). To the extent permitted by applicable law and these T&Cs, if If you have purchased one of our monthly Service plans and we terminate or suspend your Service for any reason specified in Section 15.1 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 15.1 or otherwise, we will refund a pro rata portion of your Service fee 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.
4. Device, SIM Kits, and Accessory Returns. For Nexys Mobile-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 https://phones.nexysmobile.com/RMA.html and/or https://www.nexysmobile.com/return-policy/. Some Nexys Mobile-provided Devices and accessories may not be refunded or exchanged, and you may be required to pay a restocking fee. Devices offered to Nexys Mobile 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. Nexys makes no representations about such returns.
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 under Section 15 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.
- 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 issues, or software incompatibility/problems with 3rd-party apps.
- Attempting to ‘root’ or otherwise ‘mod’ your phone will void its warranty.
- Visible physical damage to your phone (e.g. liquid damage, cracked LCD, damaged housing) will void its warranty.
- You must return 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:
  - Battery: $10.00
  - Charger: $7.00
  - USB Cable: $3.00
  - SD Card: $5.00
  - Manual: $3.00
  - Other parts: at our discretion
Intellectual Property. You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of Nexys Mobile or any other third party. Except for a limited license to use the Nexys Mobile Service, your purchase of Nexys Mobile Service and Nexys Mobile Devices does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of Nexys Mobile or others related to the Nexys Mobile Service and Nexys Mobile Devices; this intellectual property may be used only with Nexys] Mobile Service unless expressly authorized by Nexys Mobile. You agree that a violation of this section harms Nexys Mobile, which cannot be fully redressed by money damages, and that Nexys Mobile shall be entitled to seek immediate injunctive relief in addition to all other remedies available.
Privacy Information. Our Privacy Policy governs how we collect and use information related to your use of the Nexys Mobile Service and is available online at nexysmobile.com/privacy_policy. 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 and/or eSIM (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. To the extent available, if your eSIM is deleted from your phone, you may lose any data contained within the eSIM.
Disclaimer of Warranties. EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN WRITING, AND TO THE GREATEST EXTENT PERMITTED BY LAW, THE NEXYS MOBILE 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 https://www.nexysmobile.com/privacy_policy/. 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.
Waivers and Limitations of Liability.

YOU AGREE THAT:

1. NEXYS MOBILE IS NOT AN INSURER OF SERVICES, NOR CAN IT INSURE THE ACCURACY OF YOUR INFORMATION OR THE PRIVACY OR SECURITY OF YOUR NEXYS MOBILE ACCOUNTS;
2. NEXYS MOBILE HAS NO CONTROL OVER THE ACTS AND CONDUCT OF THIRD PARTIES;
3. NEXYS MOBILE IS NOT RESPONSIBLE FOR LOSSES INCURRED AS A RESULT OF YOUR OR A THIRD-PARTY’S USE OF YOUR NEXYS MOBILE WIRELESS NUMBER OR OTHER NEXYS MOBILE 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, NEXYS MOBILE 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 NEXYS MOBILE 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 NEXYS MOBILE); AND/OR ANY INTERRUPTION, ERROR, LIMITATION, OR DELAY IN ANY SERVICE, SIM CARD, OR DEVICE. WITHOUT LIMITING THE FOREGOING, YOU ALSO AGREE THAT NEXYS MOBILE 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.

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.
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 Nexys Mobile and you and defines all of the rights you have with respect to your Nexys Mobile Service or Nexys Mobile 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; Nexys Mobile 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, 8-14, and 16-22 of this Agreement continue after termination of our Agreement with you.
Choice of Law.Nexys Mobile and you agree that the Agreement is governed by the Federal Arbitration Act and applicable federal law, including but not limited to determinations of arbitrability. Without limiting the general applicability of federal law to the Agreement (including but not limited to any and all determinations of arbitrability as provided for in Section 2 to these T&Cs), and only to the extent state law may apply to the Agreement, Nexys Mobile and you agree the laws of the state in which your billing address is located shall apply, without regard to the conflict of laws rules of that state. Foreign laws (except for Puerto Rico) do not apply. In order to ensure the availability of witnesses, arbitration will be held in Delaware County, Pennsylvania, where Nexys Mobile is headquartered; unless your billing address is in Puerto Rico, in which case arbitration will be held in Puerto Rico. In all cases, arbitration will be held in accordance with Section 2 above. To the extent permissible under the Agreement, court proceedings must be initiated in the Delaware County Court of Common Please or the United States District Court for the District of Delaware. If any provision of the Agreement is invalid under the law of any of the above jurisdictions, that provision will not apply in that jurisdiction; the remainder of the Agreement shall remain in force.
CPNI. Customer Proprietary Network Information (“CPNI”) is information that Nexys Mobile 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 (in which case you agree and understand that we may share your CPNI, as needed, with other members associated with your multi-line account, including information regarding the types of telecommunications services you currently purchase). We also may use your CPNI for training and quality assurance, and to offer you additional services of the type you already purchase from Nexys Mobile. 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. Nexys Mobile uses technology and security features and strict policy guidelines to safeguard the privacy of CPNI and protect it from unauthorized access or improper use. Nexys Mobile does not disclose CPNI outside of Nexys Mobile, its affiliates and their respective agents without customer consent except as required by law. When Nexys Mobile uses third parties to perform services on its behalf that require the use of CPNI, Nexys Mobile requires that they protect the CPNI consistent with this provision. Nexys Mobile does not sell CPNI to unaffiliated third parties. If you wish to restrict our use of your CPNI for marketing purposes, you may contact a customer service representative at the customer service phone number located in Section 12 of these T&Cs.

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. Any device will be locked according to our unlocking policy: https://www.nexysmobile.com/device_unlock_policy. Any returns will be in accordance with the applicable return policy, available online at https://phones.nexysmobile.com/RMA.html and/or https://www.nexysmobile.com/return_policy/. Additional restrictions may apply.

TRIAL PLAN TERMS & CONDITIONS

New activation is required. Other restrictions may apply. The Nexys Mobile Trial Plan offer, which applies to all Trial Plans as defined in these T&Cs, including but not limited to the Nexys Mobile 7-Day Trial Kit, must be activated within 45 days after receiving your Nexys Mobile Trial Plan SIM card or eSIM. You may only activate your Nexys Mobile Trial Plan through the Nexys Mobile Website or Nexys Mobile app available on iOS and Android platforms. Data rates may apply. A valid email, telephone number, mailing address, and credit card are required to redeem a Nexys Mobile Trial Plan, which may be requested through the Nexys Mobile website or Nexys Mobile app. Only one free Trial Plan per customer.

Nexys Mobile service is not available in all areas. All international long-distance service included in the Nexys Mobile service is provided by a third party, which is not affiliated with Nexys Mobile. Use of the Nexys Mobile service is subject to the Nexys Mobile Terms & Conditions (available at nexysmobile.com/plan_terms_and_conditions).

Your Trial Plan is not renewable or extendable and you must become a paid subscriber to the Nexys Mobile service in order to continue your access to the Nexys Mobile service. If you wish to transfer your mobile phone number from your existing carrier at the end of your Trial Plan, you may do so via the Nexys Mobile website or Nexys Mobile app or purchase a new Nexys Mobile service plan from nexysmobile.com. Once you activate a standard Mobile service plan, airtime expiration is subject to the terms of your plan.

Nexys Mobile service, including service provided via this Nexys Mobile Trial Plan, is provided by Entrepreneur Wireless LLC d/b/a Nexys Mobile. Use of Nexys Mobile service is subject to the Nexys Mobile Terms & Conditions. Please always refer to the nexysmobile.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 call our customer service department at (267) 376-4376. © 2023 Nexys Mobile. All rights reserved.

GENERAL PROMOTIONAL TERMS & CONDITIONS

From time to time, and in Nexys Mobile’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 Nexys Mobile 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 Nexys Mobile each agree that any promotion, to the extent available to you, any Nexys Mobile customer, or any subset of Nexys Mobile customers, shall only be offered, if at all, in Nexys Mobile’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.

Plan Terms and Conditions

© 2024 nexysmobile all rights reserved.

Terms & Conditions

Privacy Policy