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Effective: December 22, 2022

 

Important Service/Product Specific Terms

Assurance Wireless

Important Service/Product Specific Terms

Effective: December 22, 2022

Messaging: For our regular non-Lifeline service, e.g., Pay-As-You-Go service, message rates are charged when a message is sent or received, regardless of whether it is read, viewed or solicited. Premium and international messages may result in additional charges for both Lifeline and non-Lifeline service.

Location Based Services (LBS): LBS requires account holder authorization for us to share location and other information with third parties. The account holder must notify users that location can be identified while using LBS. Environment may limit LBS.

Resale and Domestic service: Our rate plans, customer devices, services and features are not for resale and are intended for reasonable use within the 50 United States, U.S. Virgin Islands, and Puerto Rico.

Third Party Products and Services: Customers can purchase third-party content on a one time or monthly basis from other entities. Subscribers are responsible for charges for all content purchased/downloaded, including content purchased by others on the account. Purchases can be blocked at no additional cost by calling Customer Care.

Account Service Balance, Payment and Cancellation: Funds must be added to create a service balance for purchases made that are not included in your Rate Plan offer (e.g. third-party content & extra minutes, texts or data). You can add to your service balance via our payment methods. Max.$200/transaction and service balance cannot exceed $400. You can check your usage(for up to 60 days) online at www.assurancewireless.com.

Payments & Charge backs: Your payment date, if applicable, is the date you subscribed to a paid plan. Charges are not refunded if cancelled, or prorated, if changes are made before the next payment due date. Unused services expire every month and do not carry forward. We will deduct payment from your account but if the full amount isn’t sufficient, then we apply the charge to the payment method on file. Recurring payments are subject to the Auto Payment and Auto Top-Up terms. We may suspend your account if a charge we consider authorized is disputed and the account may be cancelled if it is not resolved in 60 days, and the remaining service in the account will be lost. Multiple charge backs will result in payment via Top-Up only or your service will be cancelled. When your account is cancelled, you will lose Service and your phone number. Reactivation fees may apply to resume service after cancellation.

Free Lifeline and/or ACP Account Activity Requirement: You must make or answer a voice call, send a text message, use data or purchase service minutes or data at least once during any 30-day period If you do not, we will send you a notice of inactivity. To keep your service, you must make or answer a voice call, send a text or use data at least once within 15 days after the 30-day period, or contact us to confirm that you would like to continue receiving your service. Use of Wi-Fi to go online does not count as activity. If you don’t do any of these things, your free service and/or ACP benefit will terminate, and your account will move to a pay by the minute or pay as you go rate plan.

Maintaining Eligibility and Service: You will receive free Lifeline and/or ACP service from us if you meet and continually verify the respective eligibility requirements for the respective program. If we believe you are not eligible for free Lifeline and/or ACP service, we will notify you that your free Lifeline and/or ACP service will be cancelled. You will have 30 days to respond to the termination notice. If you don’t confirm or we independently confirm you are ineligible, your free Lifeline and/or ACP service benefit will terminate, and your account will move to a pay by the minute or pay as you go rate plan.

Using Assurance Wireless Services After Termination of Free Lifeline and/or ACP Services: If you were placed on the Pay-As-You-Go service beginning October 16, 2022, can continue to use our service on a pay-as-you-go basis. You will have 125 days to add funds to your account after the termination of your free Lifeline and/or ACP service, after which any unused service balance and the phone number will be lost, and your account closed. If you continue to use our service as a pay-as-you-go customer, you must add sufficient funds to your account on a timely basis. The time your pay-as-you-go account will remains active depends on the amount you deposit while the account is active.

For 45 days, if you deposit between $10-10.99, for 90 days if you deposit $20-$79.99, or for 365 days if you deposit $80. Failure to make a deposit 60 days after the balance expiration date will result in account cancellation, loss of unused service balance and phone number. You will be charged the rates listed below in the Assurance Wireless Regular Non-Lifeline Rates section for pay-as-you-go services.

Customers who were placed on Pay-As-You-Go service between March 10, 2022 and December 22, 2022: I

If you were placed on Paygo between March 10, 2022 and December 22, 2022, then you have 60 days to add funds to your account after the expiration of your free Lifeline and/or ACP service, after which any unused service balance and the phone number will be lost and the account closed.

Florida Customers: Florida customers who were placed on Paygo before March 11, 2022, have 365 days to add funds to their account after the expiration of their free Lifeline and/or ACP service, after which any unused service balance and the phone number will be lost and the account closed.

Permitted and Non-Permissible Uses: You may use our network for: live voice calls for personal use, messaging and data (web, email, file transfer, apps, social media, gaming, streaming content). You are not permitted to use your device or services, including unlimited, in a way that: (1) is fraudulent, unlawful, infringes on intellectual property rights, harms or unduly interferes with the use of our network or systems or other parties’ resources; (2) uses services for commercial use (monitoring, telemarketing, auto dialed calls, unauthorized marketing, connections consisting of uninterrupted live dialogue between people; (3) with devices that are incompatible with our network (that will be blocked); and (4) is contrary to our customers’ or network interests. Our telecommunication services are provided on the T-Mobile network. For important information on T-Mobile's network management tools, policies and other related information, please visit visit www.t-mobile.com/responsibility/consumer-info

Unlimited Use Plans: If you subscribe to rate plans, services or features that are described as unlimited, you should be aware that such "unlimited" plans are subject to Assurance Wireless General Terms and Conditions, including network management.

Phone Information and Return Policy: Assurance Wireless phones are provided free of charge or can be purchased at a low cost. Phone models are either new or refurbished based on availability or available rate plans. Devices may vary depending on inventory. Local phone numbers may not be available in certain markets. Additional fees may apply for equipment change requests processed by customer service. You can request to change your mobile phone number up to three times each year.

Devices purchased directly from Assurance Wireless can be returned within 7 days of purchase by calling Customer Care. Customer must return the device undamaged and in good working condition, with no material alterations to the device’s hardware or software, in its original packaging and all of its components along with the original receipt. Devices purchased from other sources (e.g., Our Sales Agents), the Assurance Wireless Web Store, or authorized retail locations are subject to their respective return policies.

State Dispute Resolution Information. Unresolved questions or complaints regarding Lifeline service may be directed to the following state offices or agencies:

California: CPUC Consumer Affairs Branch, California Public Utilities Commission, 505 Van Ness Avenue, San Francisco, CA 94102; telephone: 1-800-649-7570, online at: www.cpuc.ca.gov/cab.

Colorado: Colorado Public Utilities Commission, Consumer Affairs, 1560Broadway, Suite 250, Denver Colorado 80202, Phone 303-894-2070 or 800-456-0858,FAX 303-894-2432, email PUC consumer.complaints@dora.state.co.us.

Georgia: Georgia Public Service Commission’s Consumer Affairs Unit at 404-656-4501.

Kansas: Kansas Corporation Commission, Office of Public Affairs and Consumer Protection, at KCC - Consumer Protection, 1500 SW Arrowhead Road, Topeka, KS 66604 or toll-free 1(800) 662-0027 or in Topeka (785) 271-3140. Hearing or speech impaired TDD Kansas Relay Center 1(800) 766-3777.

Massachusetts: Massachusetts Department of Telecommunications and Cable at (800) 392-6066 or (617) 305-3531.

Pennsylvania: Pennsylvania Public Utility Commission, Bureau of Consumer Services P.O. Box3265, Harrisburg, PA 17105-3265 or call 1-800-692-7380 or online at www.puc.pa.gov.

Washington: Washington State Office of Attorney General, Consumer Protection Division at 1(800) 551-4636.

ASSURANCE WIRELESS RATES (All States except California, Texas, Utah and Wisconsin)

Plans effective for California 12/1/2020, Plans effective for Texas 12/1/2020, Plans effective for Wisconsin 12/1/2020 [California customers: see "California Rates;" Texas customers: see “Texas Rates”, Wisconsin customers: see “Wisconsin Rates,” Utah customers: see “Utah Rates”.]:

Free Talk, Text & Data: 1000 voice minutes, unlimited text messages and 4.5GB of data effective 12/1/2020. Only available to customers with smartphones (not feature phones).

Additional Services: Add’l 250 voice minutes for $5; Add'l voice: 10¢ /min.; International text, and voicemail messages are not included in the monthly allocation of messages. You must have a Smartphone to use MMS services.

Assurance Wireless Regular Non-Lifeline Rates (Pay-as-You-Go): 10¢/voice min. &10¢/text msg.(sent or received); 25¢/picture msg. (sent or received). Int’l text messaging:20¢/msg. sent & 10¢/msg. to receive. Rates are subject to change.

CALIFORNIA RATES

Plans effective 12/1/2020

Free Unlimited Voice Minutes, Free Unlimited Text Messages and 6GB Free Data and Hotspot.

Free Unlimited Voice Minutes, Free Unlimited Text Messages and 6GB Free Data.

Additional Services: International text and voicemail messages are not included in the monthly allocation of messages. You must have a Smartphone to use MMS services.

Other Messaging Rates (Compatible Plans): Int’l: 20¢ /msg sent & 10¢ /msg to receive; email & IMs; 10¢/msg (sent or received).

Assurance Wireless Regular Non-Lifeline Rate (available only after termination of Lifeline service): 10¢/voice min & 10¢/message (sent or received). Picture msg: 25¢ /msg sent or received. Int’l: 20¢ /msg. sent & 10¢ /msg to receive; email & IMs;10¢/msg (sent or received). Non-LifeLine rates subject to change.

International Offer Terms: Offer available only for California customers. Recurring offer(s) take effect after purchase and when new monthly plan cycle begins, and remain on accounts until removed. Accounts must have a sufficient service balance for the offer by the monthly payment date or the service will be interrupted.

$5 International& Text Offer:

  • Unlimited Calls to Mexico landlines/mobile phones
  • Unlimited Calls to Canada landlines/mobile phones1
  • Unlimited International Text (over 200 international destinations)

1excludes Northern Territories, area code 867

$10 International& Text Offer:

  • Unlimited Calls to Mexico landlines/mobile phones
  • Unlimited Calls to Canada landlines/mobile phones1
  • Unlimited International Text (over 200 international destinations)
  • Unlimited calls to landlines in over 70 countries. (See list of countries*)
  • A total of 200 minutes to call select mobiles in over 50 countries (including the Dominican Republic) or to call landlines in the Dominican Republic. (See list of countries*)

1excludes Northern Territories, area code 867

*To view the list of countries please visit: www.assurancewireless.com/International.html.

Other Terms: Calls made to destinations not included in offers will be subject to additional charges. AVAILABLE COUNTRIES AND/OR SELECT INTERNATIONAL CITIES ARE SUBJECT TO CHANGE WITHOUT NOTICE. Visit www.assurancewireless.com/International.html regularly for changes including, but not limited to, included countries, select international cities & fees. California LifeLine customers refer to California Schedule of Rates for additional information.

AndroidTM Smartphone: New Lifeline customers will be offered an AndroidTM Smartphone. Phones that are provided may be new, pre-owned, or refurbished devices.

Customers who have been reinstated within 60 days of their service end date may keep their original phone and phone number.

California Safety Disclosures: Unlike a traditional wireline phone, a wireless handset may be removed from the home. Also, wireless service may experience interruptions due to weather conditions, terrain, or gaps in service coverage. For additional information regarding wireless service coverage, see Assurance Wireless General Terms and Conditions of Service under the heading Coverage; Where Your Device Will Work; Service Speeds.

* Trademarks: Android, Google, the Google logo and Google Play are trademarks of Google Inc.

Assurance Wireless Regular Non-Lifeline Rate (available only after termination of Lifeline service): 10¢/voice min. & 10¢/message (sent or received). Non-Lifeline rates subject to change.

TEXAS RATES

Plans effective 12/1/2020.

Free Talk, Text &Data: Unlimited FREE Voice Minutes, Unlimited FREE Texts and 4.5GB FREE Data each month.

Additional Services: International text and voicemail messages are not included in the monthly allocation of messages. You must have a Smartphone to use MMS services.

Assurance Wireless Regular Non-Lifeline Rate (available only after termination of Lifeline service): 10¢/voice min. & 10¢/message (sent or received). Non-Lifeline rates subject to change.

International Offer Terms: Offer available only for Texas customers. Recurring offer(s) take effect after purchase and when new monthly plan cycle begins & remain on accounts until removed. Accounts must have a sufficient service balance for the offer by the monthly payment date or the service will be interrupted.

$5 International& Text Offer:

• Unlimited Calls to Mexico landlines/mobile phones

• Unlimited Calls to Canada landlines/mobilephones1

• Unlimited International Text (over 200international destinations)

1excludes Northern Territories, area code 867

$10 International& Text Offer:• Unlimited Calls to Mexico landlines/mobile phones

• Unlimited Calls to Canada landlines/mobilephones1

• Unlimited International Text (over 200international destinations)

• Unlimited calls to landlines in over 70countries (See list of countries*)

• A total of 200 minutes to call select mobiles in over 50 countries (including the Dominican Republic) or to call land lines in the Dominican Republic. (See list of countries*)

1excludes Northern Territories, area code 867

*To view the list of countries please visit www.assurancewireless.com/International.html.

UTAH RATES

Plans effective 12/1/2020.

Free Talk, Text &Data: 1400 FREE Voice Minutes, Unlimited FREE Texts and 4.5GB FREE Data each month.

Additional Services: Add’l 250 voice minutes for $5; Add'l voice: 10¢/min.; International text and voicemail messages are not included in the monthly allocation of messages. You must have a Smartphone to use MMS services.

Assurance Wireless Regular Non-Lifeline Rate: 10¢/voice min. & 10¢/message (sent or received). Rate subject to change. Add’l or Pay as You Go Messaging Rates (subject to change): Picture msg: 25¢/msg sent or received; Int’l: 20¢/msg. sent & 10¢/msg to receive; email & IMs: 10¢/msg (sent or received).

WISCONSIN RATES

Plans effective 12/1/2020.

Free Talk, Text &Data: 1,150 FREE Voice Minutes, Unlimited FREE Texts and 4.5GB FREE Data each month.

Additional Services: Add’l 250 voice minutes for $5; Add'l voice: 10¢/min.; International text and voicemail messages are not included in the monthly allocation of messages. You must have a Smartphone to use MMS services.

Assurance Wireless Regular Non-Lifeline Rate: 10¢/voice min. &10¢/message (sent or received). Rate subject to change. Add’l or Pay as You Go Messaging Rates(subject to change): Picture msg: 25¢ /msg sent or received; Int’l: 20¢/msg. sent & 10¢/msg to receive; email & IMs: 10¢/msg (sent or received).

Assurance Wireless Bundled Plans (All States except California and Texas)

For Feature Phone Customers

$30 Unlimited Talk, Text & Web: Unlimited voice minutes, text messages and web access (excludes downloadable content). If you do not have a sufficient service balance in your account to pay your monthly charge on your payment due date, you will automatically be switched to Free Talk & Unlimited Text depending on your rate plan. Only available to customers with feature phones (not smartphones).

For Smartphone Customers

$15 Plan – Includes Unlimited Voice Minutes, Unlimited Texts and an additional 500MB Data each month (for a total of 5GB Data each month).

$20 Plan - Includes Unlimited Voice Minutes, Unlimited Texts and an additional 1GB Data each month(for a total of 5.5GB Data each month).

$30 Plan - Includes unlimited Voice Minutes, Unlimited Texts and an additional 4GB Data each month(for a total of 8.5GB Data each month).

$40 Plan - Includes unlimited Voice Minutes, Unlimited Texts and an additional 10GB Data each month(for a total of 14.5GB Data each month).

If you miss a payment, you will continue to receive free minutes, texts and/or data each month depending on your base rate plan for as long as you are eligible for Lifeline service.

Purchased rate plans’ expirations are tied to the date you receive new minutes and texts each month. You will lose any unused minutes on this date. Keep this in mind if you decide to buy a rate plan close to the end of your month.

Additional Services: Add’l 250voice: $5; Add'l voice: 10¢ /min.; International text and voicemail messages are not included in the monthly allocation of messages. You must have a Smartphone to use MMS services.

Assurance Wireless Regular Non-Lifeline Rate: 10¢/voice min. & 10¢/message (sent or received). Rate subject to change. Add’l or Pay as You Go Messaging Rates(subject to change): Picture msg: 25¢/msg sent or received; Int’l: 20¢/msg. sent & 10¢/msg to receive; email & IMs: 10¢/msg (sent or received).

International Offer Terms: Offer in all states where Assurance Wireless provides service EXCEPT California and Texas. Recurring offer(s) take effect after purchase and when new monthly rate plan cycle begins, and remain on accounts until removed. Accounts must have sufficient service balance or a registered payment vehicle for offer by the monthly payment date or the service will be interrupted. If you miss a payment, you will continue to receive free minutes, texts and/or data each month depending on your base rate plan for as long as you are eligible for Lifeline service.

$10 International& Text Offer:

  • Unlimited Calls to Mexico landlines/mobile phones
  • Unlimited Calls to Canada landlines/mobile phones1
  • Unlimited International Text (over 200 international destinations)
  • Unlimited Calls within the United States

1 excludes Northern Territories, area code 867

$15 International & Text Offer:

  • Unlimited Calls to Mexico landlines/mobile phones
  • Unlimited Calls to Canada landlines/mobile phones1
  • Unlimited International Text (over 200 international destinations)
  • Unlimited calls to landlines in over 70 countries. (See list of countries*)
  • A total of 200 minutes to call select mobiles in over 50 countries (including the Dominican Republic) or to call landlines in the Dominican Republic. (See list of countries*)
  • Unlimited Calls within the United States

1excludes Northern Territories, area

*To view the list of countries please visit: www.assurancewireless.com/International_and_Unlimi....

Other Terms: Calls made to destinations not included in offers will be subject to additional charges. AVAILABLE COUNTRIES AND/OR SELECT INTERNATIONAL CITIES ARE SUBJECT TO CHANGE WITHOUT NOTICE. Visit www.assurancewireless.com/International_and_Unlimi... regularly for changes including, but not limited to, included countries, select international cities & fees.

Assurance Wireless $30 Data Deal (All States) the plan is no longer available for purchase as of 11/2019.

$30 for 1GB High-speed Data each month for 12 months. After plan purchase, 1GB High-speed data will be added to your account each month. This offer is tied to the monthly date you receive new minutes and texts each month. You will lose any unused data on this recurring date. You will receive 1GB of data per month for one year, or until you cancel service, transfer to another service, or are no longer eligible for Lifeline. There are no refunds/credits for any unused data, including if service is cancelled. This rate plan is available for purchase only once per year, per customer.

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General Terms and Conditions


Assurance Wireless

General Terms and Conditions

Effective: December 22, 2022


Thanks for choosing Assurance Wireless! Please use this page as a reference for questions about your service and the terms and conditions that govern the service(s). Please read these Terms & Conditions (“T&Cs”) carefully. These T&Cs contain important information about your relationship with us, including our agreement to mandatory individual binding arbitration of disputes, instead of using class actions or jury trials. By accepting these T&Cs, you agree, on behalf of yourself and any person that uses our Service(s) or Device(s), to these provisions.

WHAT SERVICE(S) DO WE OFFER?

Assurance Wireless offers service to customers eligible for the Lifeline Assistance Program (“Lifeline Assistance” or “Lifeline”) and/or the Affordable Connectivity Program (“ACP”). Lifeline is a government benefit program supported by the federal Universal Service Fund program. ACP is a government program that provides a discount on broadband service.

WHO AND WHAT ARE WE TALKINGABOUT?

When we say “we,” “us,” “our,” or “Assurance,” we mean Assurance Wireless USA, L.P. When we say “you,” “your,” “customer,” and “user,” we mean an Assurance Wireless account holder or authorized individual who uses our Devices or Services. “Device,” means any phone, tablet, mobile broadband device, or any other product or accessory we provide, sell, or that is active on your account with us. “Service(s)” mean Assurance Wireless-branded offers, Rate Plans, Data Plans, options, wireless services, Pay-As-You-Go services, applications, programs, products, software, or Devices on your account with us, as well as any other product or service that we offer or provide to you that references these T&Cs.

*WHAT DOES YOUR AGREEMENT WITH US LOOK LIKE?

Your Agreement with us includes these T&Cs and the following items (collectively, the “Agreement”):

· The Assurance Wireless application.

· The Services Agreement and transaction materials that you receive and accept when you get your Service and/or Device.

· The terms of your Rate Plan(s) and/or Data Plan(s) as described in the Services Agreement and transaction materials that we provide or refer you to during the sales transaction.

· Any confirmation materials that we may provide to you.

· The terms and conditions to any additional features you have selected.

· Provisions linked to from these T&Cs.

THIS AGREEMENT CONTAINS A MANDATORYINDIVIDUAL BINDING ARBITRATION PROVISION WITH A CLASS WAIVER, A REPRESENTATIVEACTION WAIVER, AND A JURY WAIVER PROVISION.

We strongly recommend that you carefully read all the terms of this Agreement. Sections marked “*” continue after termination of our Agreement with you.

You should be aware that our business policies, practices, and procedures published on our website or otherwise provided to you (collectively, “Policies”), including our Acceptable Use Policy, our Privacy Notice located at https://www.t-mobile.com/privacy-center/privacy-notices/t-mobile-privacy-notice,our Visitors Agreement, and our Network Management and Open Internet Practices, and our 911 disclosures located at https://www.t-mobile.com/responsibiltiy/consumer-info/afety/9-1-1,apply to the use of our products, Devices, and Services. To read more, visit www.assurancewireless/com/legal. We may change our Policies at any time, so please check our Policies for updates. California Lifeline customers should also review the California Lifeline Service Product Guide ("California Product Guide") provided with the Assurance Wireless Welcome Letter.

HOW DO I ACCEPT THE AGREEMENT?

You accept the Agreement (including these T&Cs) by doing any of the following things:

  • Giving us a written or electronic signature or confirmation, or by telling us orally you accept.
  • Activating, using, attempting to use, or paying for the Service(s) or Device(s).
  • Opening any Device packaging or starting any program that says you are accepting the Agreement by doing so.

If you don’t want to accept the Agreement, don’t do any of these things.

To accept, you must be of legal age (which means you are either legally emancipated or have reached the age of majority as defined in your jurisdiction) and able to enter a contract.

HOW WILL WE NOTIFY EACHOTHER?

Unless your Agreement specifically provides otherwise, you can call or write us as instructed online at www.assurancewireless.com/help-center/contact, by calling 1-888-321-5880, or by writing to: Assurance Wireless, P.O. Box 5040, Charleston, IL 61920-9907. We may get in touch with you by mail, phone, or electronic means using your account information in our records, including SMS/text messaging. Electronic notices are considered delivered when sent. Mail notices are considered delivered 3 days after mailing.

HOW DO I ACTIVATE MY SERVICE?

To activate the Service, you must program your Assurance Wireless Device using your account PIN. To establish an account balance, pay subscription charges, or make any other appropriate payments, please follow the instructions provided with the equipment at www.assurancewireless.com; or through Assurance Wireless Customer Care.

California Lifeline customers refer to the California Product Guide for additional information.

WHERE IS ASSURANCE WIRELESS AVAILABLE?

Assurance Wireless is only available for customers who live in the areas in which Assurance Wireless or, in certain cases, an affiliate, has been designated as an Eligible Telecommunications Carrier ("ETC") (in the case of Lifeline service), or has been authorized by an appropriate regulatory body to provide ACP service. Your principal residence address must be within an Assurance Wireless ETC service area.

WHO IS ELIGIBLE FOR ASSURANCEWIRELESS?

To be eligible for our service, you must meet these eligibility standards, which may be amended from time to time. Eligibility for our service varies by state.

· Government Programs. You may qualify for Assurance Wireless if you participate in any of the government programs listed on your Assurance Wireless application.

· Federal or State Programs. If you seek to qualify for Assurance Wireless based upon participation in a qualifying federal or state program, you may be required to provide proof of program participation such as a program identification card or other social service agency document that shows you currently participate in a qualifying federal or state program.

· Household Income. You may quality based on applicable household income eligibility standards. If you seek to qualify for Assurance Wireless under the household income eligibility standards, you may be required to provide specific types of written documentation showing proof of your household income.

Your account will remain active if you meet the applicable eligibility standards for Assurance Wireless. You are responsible for notifying us if you no longer meet the applicable eligibility standards. In addition, if you receive a notice from us requesting that you confirm your eligibility status, you must do so. Specific information regarding eligibility verification is listed in the Important Service/Product Specific Terms. Eligibility for Assurance Wireless is personal to you. You may not transfer any of your rights or benefits received from Assurance Wireless to any third party, including, but not limited to, any voice minutes or data service received under the Assurance Wireless service.

HOW MANY LIFELINE AND/OR ACP ACCOUNTS CAN I HAVE?

An eligible household may receive only one Lifeline discounted service (landline or wireless) and/or only one ACP benefit. You can receive both a Lifeline benefit and an ACP benefit at the same time but may only have one of each per household. A household is defined, for purposes of the Lifeline and ACP programs, as any individual or group of individuals who live together at the same address and share income and expenses. Violation of the one-per-household rule constitutes a violation of federal rules and will result in de-enrollment from the Lifeline and/or ACP program(s)and potential prosecution by the United States Government.

*BY APPLYING FOR ASSURANCE WIRELESS, AM I CONSENTING TO THE DISCLOSURE OF ANY INFORMATION?

Yes. By completing our application, you consent to the release of your information (including financial information) to our designated agent as required for the administration of your Service. You also consent to have your personal identification information, including but not limited to name, telephone number, and address shared with the Universal Service Administrative Company (USAC) (the Lifeline Program and ACP Program administrator), and/or its agents, as well as any relevant state Lifeline administrators, for the purposes of confirming that you and your household do not receive more than one Lifeline or ACP benefit. You also authorize us to discuss with, or access information from, state or federal agency representatives concerning your eligibility for and participation in the Lifeline and ACP programs. If you or any member of your household receives a Lifeline or ACP benefit from any other telephone company, then you are responsible for notifying your current service provider that you have been approved for Lifeline or ACP through us. We reserve the right to review your eligibility status at any time and require you to provide us with written documentation of either your household income or your participation in a qualifying federal or state program.

CAN ASSURANCE WIRELESS CHANGE THE AGREEMENT?

Yes. We may change any part of the Agreement at any time, including, but not limited to, rates, Charges, how we calculate Charges, discounts, coverage, technologies used to provide services, or your terms of Service. If you lose your eligibility for a particular Rate Plan, or if a particular Rate Plan is no longer supported or available, we may change your Rate Plan to one you qualify for. We will notify you of material changes and we may notify you of non-material changes. If you continue to access or use our Services or increase your account balance on or after the effective date of a change, you accept the change. Do not accessor use our Services after the effective date of a change if you decide to reject the change and terminate Service. You will not be entitled to any credit for the unused portion of your account balance if you decide to terminate Service in response to a change to the Agreement.

CAN ASSURANCE WIRELESS SUSPEND OR TERMINATE SERVICES?

Yes. We can suspend or terminate any Service at any time for any reason. For example, we can suspend or terminate any Service for: (a) failing to have or maintain an appropriate service balance for applicable Charges; (b) harassing, threatening, abusing, or offending our employees or agents; (c) providing false or inaccurate information; (d)interfering with our operations; (e) using or suspicion of using the Services in any manner restricted by or inconsistent with the Agreement or Policies or adversely affecting any of our other customers, reputation, network, property, or Services; (f) breaching, failing to follow, or abusing the Agreement or Policies; (g) modifying a Device from its manufacturer specifications (for example, rooting the device); (h) providing false, inaccurate, dated, or unverifiable information, including identification or eligibility information; or (i) if we believe the action protects our interests, any customer’s interests, or our networks. We do not offer refunds if service is terminated by us for these reasons. We may exclude certain types of calls, messages or sessions (e.g. conference and chat lines, broadcast, international, 900 or 976 calls, etc.), in our sole discretion, without further notice.

HOW DO I CHANGE MY SERVICESAND WHEN ARE CHANGES EFFECTIVE?

The account holder can typically change Services upon request. In some instances, changes may be conditioned on payment of certain Charges. The effective date of any changes will depend on our Policies, the old Service(s), and the requested Service(s). We will not credit or refund any subscription or other Charges because of a change in Service(s). We may, but are not obligated to, provide you the opportunity to authorize someone else to make changes to your Service(s). You are responsible for any changes to your Service(s) made by a person you authorize, and those changes will be treated as modifications to this Agreement.

HOW DO I TERMINATE SERVICES?

If you are no longer eligible for the Lifeline or ACP programs or want to cancel your Service with us for any reason, then please call us. If Services are terminated before the end of your usage cycle, we won’t prorate Charges to the date of termination, and you won’t receive a credit or refund for any unused Services. In other words, we don’t offer refunds if you terminate service.

*CAN I USE ASSURANCE WIRELESS SERVICES AFTER TERMINATION OF LIFELINE OR ACP SERVICES?

If you have both a Lifeline and ACP account and are no longer eligible for or de-enrolled from one program, then you will be moved to another service you qualify for. If you are no longer eligible for or de-enrolled from the Lifeline and ACP programs and remain on our network, you will be moved to a Pay-As-You-Go (“Pay go”) service. You will be charged “Assurance Wireless Pay-As-You-Go” rates. You can use our service on a Pay go basis and will have 125-days to add service to your account after the termination of your service. After this 125-day period, any unused service balance and the phone number will be lost, and your account will be closed. If you continue to use our service as a Pay go customer, you must add sufficient service to your account on a timely basis while your account is active. The length of time your account remains active will depend on your remaining service balance. If you do not add service 125-days after the balance expiration date, then the account will be cancelled, and the unused service balance and phone number will be lost. Customers moved to Pay Go between March 11, 2022 and October 22, 2022 will have 60-days to use the service balance before the account will be closed. Florida customers who moved to Pay go before March 11, 2022 have 365 days to use the service balance before the account will be closed. Please see our “Important Service/Product Specific Terms” for more details.

*DOES ASSURANCE WIRELESS PROTECT MY PRIVACY?

We care deeply about your privacy, and we want you to understand how we treat your data. As you use the Services, we develop information about the quantity, technical configuration, type, location, and destination of telecommunications products and Services you use, as well as some other information, some of which is considered Customer Proprietary Network Information (“CPNI”) under federal law. Please take a moment to review our Privacy Policy, available at www.t-mobile.com/privacy-center.

· What is CPNI? As we provide telecommunications products and Services to you (the account holder), we develop information about the quantity, technical configuration, type, location, and destination of telecommunications products and Services you use, as well as some other information. Under federal law, you have the right and we have a duty to protect the confidentiality of your CPNI. E may share CPNI with third-parties to provide services or as required by law.

  • How Do I Keep My Account Secure? Your account PIN, passwords, and other account credentials are specific to you and are yours to protect. Anyone who has access to this information, has access to your account. You (the account holder) may be required to password protect your account information by establishing a personal identification number (“PIN”). You may also be required to set a backup security question and answer in the event you forget your account PIN. We may treat anyone who presents your credentials as you or as an authorized user. We may disclose your account information or make changes in Service based on a request by someone with your account credentials. You agree that we may contact you for Service-related reasons through the contact information that you provide, through the Services or Devices to which you subscribe, or through other available means, including text message, SMS, email, fax, recorded message, mobile, residential or business phone, or mail.
  • What Information Is On My Device? Your Device contains sensitive, personal information. We are not responsible for any information on your Device, including sensitive or personal information. We recommend that you safeguard any sensitive or personal information when your Device is out of your possession or control. By submitting your Device to us, you agree that our employees, contractors, or vendors may access all the information on your Device. If you exchange, return, or recycle your Device through us, we typically attempt to erase all data on your Device, but you must remove all data from your Device before you provide it to us.

HOW CAN I USE MY DEVICE, NUMBER, AND EMAIL ADDRESS?

We don’t manufacture any Device that you use with our Service(s), including the Devices we provide. That means we aren’t responsible for any defects, acts, omissions, or other problems with your Device. Check with your manufacturer to determine whether there are any warranties on your Device. Device performance may vary based on Device specifications (for example, a Device’s software, memory, and storage), and Device performance may impact access to our Services. Your Device is designed to be activated on our network and in other coverage areas that we may make available to you. Except for any legal right you may have to port/transfer your phone number to another carrier, you have no—and cannot gain any (for example, through publication, use, etc.)—proprietary, ownership, or other rights to any phone number, identification number, email address, or other identifier that we assign to you, your Device, or your account. We’ll notify you if we decide to change or reassign them. We do not guarantee that any port or transfer of your phone number will be successful. Your Assurance Wireless phone may have to be programmed with restrictions that prevent another carrier's SIM card from being inserted into your phone’s SIM slot for use on a different network. Assurance Wireless will unlock a capable device, provided the device is eligible per Assurance Wireless’ Unlocking Policy. For more information, please visit https://www.assurancewireless.com/legal/ctia-regulatory.

WHAT ABOUT THE APPS I DOWNLOAD?

When you download or use certain applications, programs, devices, and services, you may be required to accept terms specific to those items. Generally, the terms will come from the app developer, software licensor, etc., which may be us or someone else. Any terms for third party apps are between you and the third party. Additional terms for bundled services may either modify or replace certain provisions in these T&Cs, including terms relating to activation, invoicing, payment, and disputing charges. When you use these items, you are agreeing the applications, programs, devices, and services may access, collect, use, or disclose your personal information and that we may disclose your information—including location information—to a third party.

*WHERE AND HOW WILL MY DEVICEWORK?

Our coverage maps are available at Assurancewireless.com/coverage. Your signal, and your specific network coverage will depend on the radio transmissions your Device can pick up and Service(s) you’ve chosen. Our coverage maps show our coverage estimates using Services outdoors under optimal conditions. As our customer, your actual service area, network availability, coverage, and quality may vary based on several factors, including your selected service, your Device (including the technologies it supports), terrain, structures, weather, network capacity signal strength, and whether you are on a private or public Wi-Fi network. Outages and interruptions in service may occur, and service speed may vary. Even within coverage areas and with broadband-capable devices, speed and service availability may be impacted by network changes, traffic volume, outages, technical limitations, signal strength, actions of third parties, whether your Device no longer supports network technologies compatible with or available on our network or the networks of our roaming partners, obstructions, weather, public safety needs, and other conditions. There are limits to the amount of your data allotment with your Lifeline and ACP Rate Plans. If you need additional data, you must purchase it.

We engineer our networks to provide consistent high-speed data service, but at times and at locations where the number of customers using the network exceeds available network resources, customers will experience reduced data speeds. T-Mobile and Sprint post-paid customers who choose certain rate plans, Metro by T-Mobile pre-paid customers, and Assurance Wireless customers may notice speeds lower than customers on some other T-Mobile or Sprint branded Rate Plans, which are prioritized higher on the networks. Further, we may, without advance notice, take any actions necessary to manage our network on a content-agnostic basis, including prioritizing all on-device data over tethering data and, for the vast majority of Rate Plans, further prioritizing the data usage of our heavy data users below that of all other customers. This threshold number is periodically evaluated and may change over time. Customers whose data is prioritized lower may notice speeds lower than customers with higher priority in times and locations where there are competing customer demands for network resources.

Where the network is lightly loaded in relation to available capacity, a customer whose data is prioritized below other data traffic will notice little, if any, effect from having lower priority. This will be the case in most times and locations. At times and locations where the network is heavily loaded in relation to available capacity, these customers will likely see reductions in data speeds, especially if they are engaged in data-intensive activities. Customers should be aware that these practices may occasionally result in speeds below those typically experienced on our 5G or LTE networks. We constantly work to improve network performance and capacity, but there are physical and technical limits on how much capacity is available, and in constrained locations the frequency of heavy loading in relation to available capacity may be greater than in other locations. When network loading goes down or the customer moves to a location that is less heavily loaded in relation to available capacity, the customer’s speeds will likely improve. Visit our Open Internet page at www.assurancewireless.com/legal/net-neutrality for details and for current data amount subject to this practice.

Additionally, we deploy streaming video optimization technology in our networks, which also helps to ensure that available network capacity can be utilized to provide a good service experience for the maximum number of customers. The optimization technology is intended to manage data usage on the network, reduce the risk of streaming video stalling and buffering on mobile devices, and reduce the amount of data consumed for streaming video, which also makes room for other users to enjoy higher speeds and a better network experience overall. While many changes to streaming Videofiles are likely to be indiscernible, the optimization process may impact the appearance of the streaming video as displayed on a user’s Device. See your Rate Plan and our Open Internet page at www.assurancewireless.com/legal/net-neutrality for more details.

*WHAT ABOUT ROAMING (OFF-NET)?

Our rate plans are not eligible for roaming on another carrier’s network.

*WHAT ABOUT USING DATA SERVICES?

Our data Services and your Device may allow you to access the internet, email, text, take pictures and videos, download and play games, video, music, graphics, sound, applications and other materials (collectively, “Content”) or send Content elsewhere. We have no control over the Content that you access on your Device. Content may be: (1) unsuitable for children/minors; (2) unreliable or inaccurate; or (3) offensive, indecent, or objectionable. You’re solely responsible for evaluating the Content accessed by you or anyone through your Device or Services. We strongly recommend that you monitor data usage by children/minors. Content from third-parties may also harm your Device or its software. We are not responsible for any Content or damage caused by Content that you access through your Service(s) that you load on your Device or that you request that our representatives access or load on your Device. For more information on Content and restrictions on Content, see your service plan details. If we provide you storage for Content that you have purchased, then we may delete the Content without notice or place restrictions/limits on the use of storage areas. Content stored on a Device, transmitted over our networks, or stored by us may be deleted, modified, or damaged. You may not be able to make or receive voice calls while using data Services. Content provided by our vendors or third-parties may be cancelled or terminated at any time without notice to you, and you may not receive a refund for any unused portion of the Content.

*ARE THERE THINGS I CANNOT DO WITH ASSURANCE WIRELESS’S DATA SERVICES?

You cannot violate these T&Cs. Our data services are designed for use with your Assurance Wireless Device for reasonable and non-continuous internet access such as web surfing and non-continuous downloading, streaming, gaming, and other personal internet access services. You cannot in any manner resell the Services to another party. There are limits to the amount of your data allotment with your Lifeline Rate Plan. If you need additional data, you must purchase it. You can’t use our data Services: (1) with server devices or host computer applications or other systems that drive continuous, heavy traffic or data sessions or automatically consume unreasonable amounts of network capacity; (2) as a substitute or backup for private lines or frame relay connections; (3) for automated machine to machine connections or purposes that are designed for unattended use, or (4) for any other unintended use as we determine in our sole discretion. You may tether your Assurance Wireless Device to other lawful devices pursuant to the allotments contained in your Rate Plan for use of your Device as a hotspot or when the Device and rate plan are specifically intended for that purpose (for example, 4G Hotspots, wireless routers, Data Link, etc.). You also can’t use our data services in a manner that is unlawful, infringes on intellectual property rights, or harms or unduly interferes with the use of our network or systems. Our data Services may not be used to disrupt email use by others using automated or manual routines, including, but not limited to “auto-responders "or cancel bots or other similar routines; to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, “junk mail,” unsolicited commercial or bulk email, or fax; or for activities adversely affecting the ability of other people or systems to use either our wireless services or other parties’ internet-based resources, including, but not limited to, “denial of service” attacks against another network host or individual user. We may limit, suspend, constrain, or terminate your Service for use that violates these T&Cs or for any heavy, continuous data usage or usage that adversely impacts our networks’ performance, hinders access to our networks, or that we determine is necessary to protect our networks from harm or degradation.

*HOW WILL I BE CHARGED FOR USE OF THE SERVICES?

Free Lifeline / ACP Rate Plans: There is no payment required if you do not go over the voice or data limits of your Lifeline Rate Plan. If you would like to receive more voice or data, you may buy additional voice or data. More information on how to add additional voice or data to your account can be found at www.assurancewireless.com/Public/FAQs.

Paid Rate Plans and Paid Services: For paid Rate Plans and paid services, you agree to pay all Charges in advance before the first day of your Service cycle. Service Charges cannot be paid in arrears. You also agree to pay in advance all Charges we assess or that were accepted or processed through all Devices on your account. Unless otherwise specified in your Rate Plan, monthly service cycles are approximately 30 days long. The dates of your monthly or weekly service cycles and other dates related to your account may change from time to time. You agree to provide us with accurate and complete account address and tax related information and to report all changes within 30 days of the change. Wireless access to corporate/employee email may require additional server observer access, licenses, or additional requirements which may incur additional Charges. By requesting wireless access to corporate/employee mail, you agree to pay any of these additional Charges.

You may authorize recurring payment of your Charges through a credit or debit card or bank transfer authorization, which authorizes us to charge all amounts you owe us to the credit or debit card or bank transfer authorization up to five (5) days prior to the due date and to demand immediate payment from the card or debit issuer or bank. We may change the day on which we charge your credit or debit card, in our sole discretion, but in no event will that day be more than five (5) days prior to the due date.

Unless required by law, we will not give you additional notice or obtain additional consent from you before charging Charges to that credit or debit card. You must promptly notify us of any change in the credit or debit card or bank transfer authorization you want to use for payment. We may charge a returned payment fee at the highest amount permissible by law. We may restrict your payment methods to secure forms of payment at any time for good reason.

ARE REFUNDS AVAILABLE?

No. We are not responsible for, and we do not refund, lost, stolen, misused, or damaged Top-Up cards or PINs. We do not accept returns of or provide refunds for Top-Up cards or PINs. Top-Up cards or PINs must be applied to your account within the time specified on the card. All Top-Up sales are final and non-refundable regardless of who uses or possesses your mobile phone or Device after you purchase services, and regardless of whether the mobile phone or device is used with your consent or knowledge.

*ARE THERE OTHER FEES?

Certain transactions may be subject to a charge (for example, handset upgrades, etc.). We will tell you if any of these fees apply to your requested transaction.

CAN I AUTHORIZE OTHER USERS?

Our service is not transferable to any other person. You are responsible for any changes to your Services made by a person you authorize, including adding or removing Services or features to your account, receiving notices and disclosures on your behalf, purchasing Devices for use with our Service, or entering a new Term Commitment, all of which may result in additional Charges, and are considered modifications to this Agreement.

*HOW WILL YOU CALCULATE MYCHARGES?

  • Voice Calls: For Charges based on the amount of time used, we round up partial minutes to the next full minute. You are charged for connected calls including calls to voice mail and your rate is based on the location of the network equipment providing service and not your device location or area code. Calls begin when you push a button or graphic to initiate the call or when the call connects to the network and they end when you hang up or end the call, or the network connection breaks. Calls may be subject to maximum duration and automatically terminated if exceeded.
  • Off-Rate Plan Charges. Unlimited talk is for direct communications between 2 people. You may have to pay extra for calls to some numbers (e.g. conference & chat lines, broadcast, calling card, international, 900 or 976 calls, etc.).
  • Data: Data is measured in bytes and is rounded up to kilobytes (KB) at the end or during a data session. Data usage may be presented on your bill as kilobytes, megabytes, or gigabytes (each, a “Data Increment”). You are charged for all data directed to your Device’s internet address, including sessions that support your Device functions (including any applications you have downloaded on your Device), as well as data sessions you did not initiate. Data charges may be rounded to the next cent if you are billed by a Data Increment. Data estimates are not reliable predictors of actual data usage.
  • Surcharges: You agree to pay all surcharges applicable to your Rate Plan. Surcharges are not mandated or imposed on you by law, they are our charges that are determined, collected, and retained by us. The components and component amounts of the Surcharges are subject to change without notice. These surcharges include charges, costs, fees, and certain taxes that we incur to provide Services (and are not government taxes or fees imposed directly on our customers). Surcharges assessed to you will vary depending on the type of Service and the Rate Plan you have. Surcharges may change from time to time without notice, regardless of any Rate Plan guarantee. Surcharges will apply whether or not you benefit from the programs, activities, or services included in the Surcharge.
  • Additional Fees? Depending on your Service, your payment may cover Charges for additional services.

*WHAT IF I DON’T PAY ON TIME?

Your payment will be considered late if we do not receive it before the first day of the Service cycle for which the payment is due. If we accept late or partial payments, you still must pay us the full amount you owe. In addition, we may charge an additional fee up to the maximum amount permitted by law for any payment tendered by you and returned unpaid by a financial institution for any reason. Non-payment fees are intended to be a reasonable advance estimate of our actual costs resulting from non-payments by our customers; these costs are not readily ascertainable and are difficult to predict or calculate at the time that these fees are set. We also reserve the right to report any check returned to us to reporting and credit agencies and law enforcement.

If your account is unpaid or otherwise not in good standing, your service may be reduced, suspended, or terminated. If your Service is terminated and you promptly pay past due amounts, we may reconnect your Service after you have paid any reconnection fees. In such case, your service cycle anniversary date will not change, which will result in fewer days of Service for that month. If you have a dispute regarding the Charges to your account, or about the Services provided to you, you agree to follow the notification process set forth in the “Can I Dispute My Charges?” Section. 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 Charge, you agree that the issue is fully and finally resolved and such credit will act as an accord and satisfaction.

*CAN I DISPUTE CHARGES?

If you have any questions about your Charges, or want to dispute any Charges, please contact us at www.assurancewireless.com/help-center/contact, by calling 1-888-321-5880, or by writing to: Assurance Wireless, P.O. Box 5040, Charleston, IL 61920-9907. If this does not fix things, please notify us inwriting. Unless otherwise provided by law, you must notify us in writing of any dispute regarding your account or Charges to your account within 60-days after the date you first receive the disputed charge. If you don’t, you may not pursue a claim in arbitration or in court. If you accept a credit, refund or other compensation or benefit to resolve a disputed account or charge, you agree that the issue is fully and finally resolved, and we shall be released from all liability regarding the dispute. Unless otherwise permitted by law, you must pay disputed Charges until the dispute is resolved. You accept all Charges not properly disputed within 60-days.

*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 and Apps, as each may be updated or replaced by feature enhancements or other updates.

Except as permitted by applicable aw, 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, that this harm 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.

HOW DO LOCATION-ENABLED SERVICES WORK?

Our networks generally know the location of your Device when it is outdoors and/or turned on. By using various technologies to locate your Device, we can provide enhanced emergency 9-1-1services and optional location-enabled services provided by us or a third party. Network coverage or environmental factors (such as structures, buildings, weather, geography, landscape, and topography) can significantly impact the ability to access your Device’s location information and use of location-enabled services. You agree that any authorized user may access, use, or authorize Assurance Wireless or third- party location-enabled applications to use your location through the Services. You understand that your use of any location-enabled applications is subject to the application’s terms and policies, including its privacy policy. If you activate location-enabled services for Devices used by other authorized users, you agree to inform the authorized user(s) of the terms of use for location-enabled applications and that the Device may be located. There may be limitations when calling 911 using Wi-Fi calling services if you are at a location different from your E911Registered Address. Please see “911 ACCESS” for more information.

911 ACCESS?
PLEASE CAREFULLY READ THE INFORMATION BELOW. IT CONTAINS IMPORTANTINFORMATION REGARDING LIMITATIONS OF 911 FUNCTIONALITY. YOU ACKNOWLEDGE THESE LIMITATIONS AND AGREE TO SHARE THESE LIMITATIONS WITH ANYONE WHO MAY USE YOUR SERVICE TO PLACE CALLS OR SEND TEXTS.

911 services are provided by your state and local government. Our handsets can make calls to 911 in the United States, and 911 access is available to customers regardless of your Rate Plan. The handset must have battery power and network connectivity to complete a 911 call. Although we are often capable of communicating your phone number and/or current location to a public safety answering point (“911 Communications Center”), in some cases, 911 Communications Center operators may not know your phone number or have information about your current location so you should provide your contact information and current location. Other third-party entities are involved in connecting a 911 call and we are not solely responsible for determining which 911 Communications Center your 911 call maybe routed to. If you are porting a phone number to or from us, we may not be able to provide you with 911 location services while the port is in process. If you are outside the U.S., you may have to dial a different number than 911 to call emergency services.

Text-to-911.Text-to-911 service may be available in some locations where our service is provided. This is dependent on your local 911 Communication Center’s ability to receive text messages.

TTY Calls to 911.Calls to 911 from a TTY will not work when using Wi-Fi Calling or Voice-over-LTE (“VoLTE”). If you cannot make a voice call to 911, we recommend you use an internet-based Telecommunications Relay Service such as Video Relay Service, IP Relay Service, or IP Captioned Telephone Service. Our Real-Time Text (“RTT”) technology is also available on our network and can be used on select devices to contact 911. For more information or if you have questions concerning the capabilities of your wireless device, please contact Customer Care at 888-321-5880.

Wi-Fi Calling. Wi-Fi Calling services utilize Voice over Internet Protocol (“VoIP”) technology. VoIP telephony is fundamentally different from traditional telephone service and has inherent limitations. VoIP services, including 911calling, may be unavailable or limited in some circumstances. If possible, use cellular connection to place any 911 calls. 911 functionality for our VoIP services may be impaired or unavailable for various reasons, including:

  • If you use the VoIP Service in a location other than at Your E911 Registered Address;
  • If you use a non-native telephone number;
  • If there is a problem with the broadband network utilized; and
  • If you have lost electrical power.

Before using Wi-Fi Calling services, you must provide us with the primary street address at which the Wi-Fi Calling service will be used (“Your E911 Registered Address”). If you call 911using Wi-Fi Calling services, including Wi-Fi Calling, we may transmit YourE911 Registered Address to the 911 Communications Center that answers the call, and it may be used to help emergency responders locate you. You agree to update Your E911 Registered Address before you use Wi-Fi Calling service at a different location. You can update your E911 Registered Address by contacting Customer Care at 888-321-5880.

In some circumstances, when using Wi-Fi Calling services, we may not be able to provide 911 Communications Centers with your correct current location. If you make a 911 call using our including Wi-Fi Calling services, you should always provide the 911Communications Center your contact information and current location.

*WHAT IF MY DEVICE IS LOST OR STOLEN?

Contact us right away so no one else can use your remaining service balance. You may be charged for a replacement device and shipping. You agree to cooperate if we choose to investigate the matter (provide facts, sworn statements, etc.). To learn about additional Anti-theft measures that may apply to you, visit: https://www.ctia.org/the-wireless-industry/industr....

*IS THERE A WARRANTY ON MY SERVICES?

Unless expressly provided in writing otherwise, 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, including security or authentication purposes, concerning your Servicer your Device. While we strive to protect customer accounts, we do not guarantee security. You accept responsibility if you use your Service as a means of security or authentication for other accounts. For more information, please review our Privacy Notice. We can’t and don’t promise uninterrupted or error-free Service and don’t authorize anyone to make 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.

Services or Software provided by third parties (including voice applications), 911 or E911, text to 911, or other calling or messaging functionality, may work differently, or not at all, compared to those services offered by us. Please review all terms and conditions of such third-party products. When using these products, we are not responsible for the availability or reliability of 911 calls or text to 911 messages, or if inaccurate location information is provided to the 911 Communications Center. We cannot assure you that if you place a 911 call or text you will be found.

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 content & apps appear on your account. You are responsible for maintaining virus and other Internet security protections when accessing third party content & apps or other services.

We and any third party providing Services are not responsible for any damage, delay, interruption, or other failure to perform resulting from: (a) providing or failing to provide Services, including, but not limited to, deficiencies or problems with a Device or network coverage (for example, dropped, blocked, interrupted Services etc.); (b) traffic or other accidents, or any health-related claims relating to our Services; (c) an interruption or failure in accessing or attempting to access emergency services from a Device, including through 9-1-1, Enhanced9-1-1 or otherwise; (d) interrupted, failed, or inaccurate location information services; (e) information or communication that is blocked by a spam filter;(f) damage to your Device or any computer or equipment connected to your Device, or damage to or loss of any information stored on your Device, computer, equipment, or Assurance Wireless storage space from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio; or (g) things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism, or government orders or acts.

*WHAT IS ASSURANCE WIRELESS’S LIABILITY?

TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS THAT YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE WHAT SO EVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH A DEVICE, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; LOSS OF BUSINESS; COST OF REPLACEMENT PRODUCTS AND SERVICES; 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 FINANCIAL, CRYPTO CURRENCY, OR SOCIAL MEDIA ACCOUNTS. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIM YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT 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, BY ANY ACT OF NATURE, OR BY ANY CRIMINAL ACTIVITY BY SOMEONE UNRELATED TO US. YOU ALSO AGREE WE AREN’T LIABLE FOR MISSED OR DELETED VOICEMAILS OR OTHER MESSAGES, FOR ANY INFORMATION (LIKE PICTURES) THAT GETS LOST OR DELETED IF WE WORK ON YOUR DEVICE OR FOR FAILURE OR DELAY INCONNECTING A CALL OR TEXTS TO 911 OR ANY OTHER EMERGENCY SERVICE OR PROVIDING PHONE NUMBER OF LOCATION INFORMATION TO A 911 COMMUNICATIONS CENTER. TO THE EXTENT PERMITTED BY LAW, YOU AND WE EACH ALSO AGREE THAT ALL CLAIMS MUST BE BROUGHT WITHIN 1 YEAR OF THE DATE THE CLAIM ARISES.

INDEMNIFICATION: YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, DIRECTORS, OFFICERS, AND EMPLOYEES, VENDORS, SUPPLIERS, AND LICENSORS HARMLESS FROM ANY CLAIMS ARISING OUT OF USE OF THE SERVICES OR DEVICES, BREACH OF THE AGREEMENT, OR VIOLATION OF ANY LAWS OR REGULATIONS ORT HE RIGHTS OF ANY THIRD PARTY BY YOU, ANY PERSON ON YOUR ACCOUNT, OR ANY PERSON YOU ALLOW TO USE THE SERVICES OR YOUR DEVICE.

*DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS CAREFULLY; IT AFFECTS YOUR RIGHTS

*HOW WILL WE RESOLVE DISPUTES?

We want you to be happy with your Assurance Wireless Services. If, for some reason, we cannot resolve your concern to your satisfaction through calls to our customer care, you agree that for any and all disputes or claims you have, you must first give us inopportunity to resolve your claim by sending a written description of your claim (“Notice of Dispute”) to: General Counsel; Arbitration Office; 12502 Sunrise Valley Drive, Mailstop VARESA0202-2C682; Reston, Virginia 20191. The Notice of Dispute must contain enough information for us to identify your account and attempt to resolve your claim, including (a) the name of the Assurance Wireless account holder; (b) billing account number; (c) the mobile telephone number at issue; (d) a written description of the problem and relevant documents and supporting information; and (e) a good faith calculation of the damages you claim to have suffered and a statement of the specific relief you are seeking. We will provide you with a designated representative to work with to try and resolve your Dispute. You agree that you may not commence any arbitration or court proceeding unless you and we are unable to resolve the claim within 45-days after we receive your Notice of Dispute and you made a good faith effort to resolve your claim directly with us during that time.

State-Specific Information: Unresolved questions or complaints regarding your Lifeline or ACP service may be directed to the state offices or agencies listed in the Important Service/Product Specific Terms.

If we are unable to resolve your claim within 45-days despite those good faith efforts, then either you or we may start arbitration or small claims court proceedings.

*INDIVIDUAL BINDING MANDATORY ARBITRATION AND WAIVER OF CLASS ACTION

YOU AND WE EACH AGREE THAT, EXCEPT AS PROVIDED ABOVE, ANY AND ALL CLAIMS OR DISPUTES OF ANY NATURE, INCLUDING TORT AND STATUTORY CLAIMS, IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OUR PRIVACY NOTICE, OUR SERVICES, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION OR IN SMALL CLAIMS COURT. Further, unless both you and we expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. This includes any claims against other parties relating to Services or Devices provided or billed to you whenever you also assert claims against us in the same proceeding. Disputes also include, but are not limited to, claims that: (a) you or an authorized or unauthorized user of the Services or Devices bring against our employees, agents, affiliates, or other representatives; (b) you bring against a third party, such as a retailer or equipment manufacturer, that are based on, relate to, or arise out of in any way our Services or the Agreement; or (c) that webring against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims or any other legal theory; (ii) claims that arose before this Agreement or out of a prior Agreement with us; (iii) claims that are subject to on-going litigation where you are not a party or class member; and/or (iv) claims that arise after the termination of this Agreement. This agreement to arbitrate is intended to be broadly interpreted. You and 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 general choice of law provision set forth herein). THERE IS NO JUDGE OR JURY INARBITRATION, 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).

For Puerto Rico Customers, references to “small claims court” should be understood to mean the Puerto Rico Telecommunications Bureau (“TRB”) for matters within the jurisdiction of said agency. See OTHER TERMS REGARDING DISPUTE RESOLUTION for details on the billing dispute process in Puerto Rico.

*HOW DOES ARBITRATION WORK?

  • To begin arbitration, you must send a letter requesting arbitration to us (see the “HOW WILL WE RESOLVE DISPUTES” section above) and to the American Arbitration Association (“AAA”). If the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing.
  • The arbitration of all disputes will be administered by the AAA under its Consumer Arbitration Rules then in effect at the time the arbitration is commenced, except to the extent any of those rules conflicts with this Agreement, in which case this Agreement will govern. The AAA rules are available at www.adr.org.
  • Unless you and we agree otherwise, the arbitration will be conducted by a single, neutral arbitrator and will take place in the county of your last billing address of the Service. The arbitrator will 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 will return its list to the AAA within 10-days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) the AAA will 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. 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 recover reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek attorneys’ fees in arbitration even if permitted under applicable law.
  • The Federal Arbitration Act (“FAA”) applies to this Agreement and arbitration provision. We each agree that the FAA’s provisions—not state law—govern all questions of whether a Dispute is subject to arbitration.
  • As an alternative to arbitration, we may resolve Disputes in small claims court in the county of your most recent address. In addition, this arbitration agreement does not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against us on your behalf.

*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 AS A CLASS, REPRESENTATIVE, MASS, OR CONSOLIDATED ACTION. If we believe that any claim you have filed in arbitration or in court is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver. If a court or arbitrator determines in an action between you and us that any part of this Class Action Waiver is unenforceable with respect to any claim, the arbitration agreement and Class Action Waiver will not apply to that claim, but they will still apply to all other claims that you or we may assert in that or any other action. If you opt-out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. You or any other customer cannot be a class representative, class member, or otherwise participate in a class, consolidated, mass, 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.

California Customers. If you file a claim related to your monthly payment with the Consumer Affairs Branch("CAB") of the California Public Utilities Commission you must, within 24 hours of filing, inform us by writing to the Customer Service address set forth above in the “HOW WILL WE NOTIFY EACH OTHER” Section. If we resolve your dispute, you agree to withdraw your claim with the CAB.

*ANYTHING ELSE?

Subject to federal law or unless the Agreement specifically provides otherwise, this Agreement is governed solely by the laws of the state encompassing the address of the Device, without regard to the conflicts of law rules of that state.

If we don’t enforce our rights under this Agreement in one instance, that doesn’t mean we won’t or can’t enforce those rights in another instance. If any part of the Agreement is held invalid that part may be severed from the Agreement.

This Agreement isn’t for the benefit of any third party except our corporate parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. 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, except as provided by law, and you cannot rely on any other documents or statements by sales or service representatives or other agents.

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.

Digital Millennium Copyright Act ("DMCA") Notice. If you believe that material residing on our system or network infringes the copyright of you or any third party for whom you are authorized to act, notify us by using the notice procedure under the DMCA and described at https://www.t-mobile.com/Company/CompanyInfo.aspx?tp=Abt_Tab_ConsumerInfo&tsp=Abt_Sub_CopyrightDMCAand http://es.t-mobile.com/DMCA.htmlfor our Spanish website. After receiving notice, we may remove or disable access to any infringing material as provided for in the DMCA. There are substantial penalties for sending false notices.

Auto Payment and Auto Top-Up

Assurance Wireless

Auto Payment and Auto Top-Up

Effective: March 10, 2021

The following terms and conditions apply if you are enrolled in Auto Pay or Auto Top-Up ("AutoPay"). These terms and conditions govern three individual types of AutoPay: (i) Monthly; and (ii) Low Balance; and (iii) 45/90/ Balance Expiration Date. Only one Auto Pay type will apply to you based on the Auto Pay type you selected when enrolling in Auto Pay.

You, the Customer, authorize Assurance Wireless to on a recurring basis, automatically charge the debit or credit card or PayPal account you specified for payments due on the Assurance Wireless account number you specified at the time of the Auto Pay enrollment. These recurring charges and all other charges to your account are non-refundable.

Assurance Wireless may discontinue processing of recurring charges if Assurance Wireless is unable to secure funds from the credit/debit card or PayPal account for the service payments you have authorized due to, but not limited to, insufficient or uncollected service balances in the account or insufficient or inaccurate information you provided. Your pay-as-you-go account will remain in good standing if it’s active for 45 days if you deposit between $10-19.99, or for 90 days if you deposit $20 or more, into this account, while the account is active. Assurance Wireless may, if applicable, undertake collection action, including application of returned fees to the extent permitted by law. All such fees may be collected electronically.

You consent to receive any communications relating to your payments, including confirmation of your enrollment in Auto Payment and/or Auto Top-Up, electronically to the e-mail address you have provided to us, as a text message to your wireless device or by other electronic means that you have agreed to. However, Assurance Wireless reserves the right to send such communications via paper under certain conditions.

Assurance Wireless will send a text message notification to your Assurance Wireless handset or an email, if an email is available, 10 days prior to any recurring charges. Assurance Wireless will also send a notification 10 days prior to any recurring charges that varies in amount from the previous recurring charge or from the amount you selected and authorized at the time of the Auto Pay enrollment; however, by enrolling in the Auto Pay, you elect to receive such notice only when a transfer differs from the previous transfer by more than $10.00.

You also understand that this authorization to pay the Assurance Wireless account number you specified at the time of the Auto Pay enrollment by recurring charges or debits is entirely optional and is not required to obtain or maintain my account with Assurance Wireless.

You are responsible for providing Assurance Wireless with accurate payment account information if such in formation changes in the future. You understand that you may call *86 or access your Assurance Wireless account online at www.assurancewireless.com three days prior to your recurring charge scheduled date to update or discontinue Auto Pay. Assurance Wireless will not initiate further transfers or charges after you have cancelled Auto Pay and Assurance Wireless has had a reasonable period of time to process your request.


If you are enrolled in the Monthly Auto Pay option, the following applies to you:
You will be automatically charged for any monthly recurring charges and add-ons, plus any applicable sales and local taxes, every month up to two days before your payment due date. Charges may vary each month based on your service subscription selection. You may check your payment due date at any time by accessing your account via our website.

If you are enrolled in theLow Balance Auto Pay option, the following applies to you:
You will be automatically charged for the fixed dollar amount selected and authorized by you at the time of the Auto Pay enrollment, plus any applicable sales and local taxes, every time your account balance reaches $5.00 or less. You understand that this Auto Pay option may result in multiple charges to your debit or credit card or PayPal account per month. You may check your account balance at any time by accessing your account via our website.

If you are enrolled in the 45/90/ Balance Expiration Date Auto Pay option, the following applies to you: You will be automatically charged for the fixed dollar amount selected and authorized by you at the time of the Auto Pay enrollment, plus any applicable sales and local taxes, on your balance expiration date. You understand that this Auto Pay option may result in multiple charges to your debit or credit card or PayPal account per year. You may check your balance expiration date anytime by accessing your account via our website. Here is how your balance expiration date works: If you make a single payment for $9.99 or less, your balance expiration date will remain the same; $10.00-$19.99 within 45 days; $20.00-$79.99 within 90 days; $80.00 or more within 365 days. (For Example: if you make a single payment of $20.00,your new balance expiration date will be 90 days from the day of your payment.) If your current balance expiration date is greater than the new calculated one, your balance expiration date will not be changed.

These Auto Payment and Auto Top-Up terms may be updated at any time, and changes become binding once posted to the Assurance Wireless website.

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Customers on the Sprint Network

Legal Center

Effective December 22, 2022

 

Important Service/Product Specific Terms

Assurance Wireless

Important Service/Product Specific Terms

Effective: December, 2022

Messaging: For our regular non-Lifeline service, e.g., Pay-As-You-Go service, message rates are charged when a message is sent or received, regardless of whether it is read, viewed, or solicited. Premium and international messages may result in additional charges for both Lifeline and non-Lifeline service.

Location Based Services (LBS): LBS requires account holder authorization for us to share location and other information with third parties. The account holder must notify users that location can be identified while using LBS. Environment may limit LBS.

Resale and Domestic service: Our rate plans, customer devices, services and features are not for resale and are intended for reasonable use within the 50 United States, U.S. Virgin Islands, and Puerto Rico.

Third Party Products and Services: Customers can purchase third-party content on a one time or monthly basis from other entities. Subscribers are responsible for charges for all content purchased/downloaded, including content purchased by others on the account. Purchases can be blocked at no additional cost by calling Customer Care.

Account Service Balance, Payment and Cancellation: Funds must be added to create a service balance for purchases made that are not included in your Rate Plan offer (e.g. third-party content & extra minutes, texts or data). You can add to your service balance via our payment methods. Max. $200/transaction and service balance cannot exceed $400. You can check your usage (for up to 60 days) online at www.assurancewireless.com.

Payments & Charge backs: Your payment date, if applicable, is the date you subscribed to a paid plan. Charges are not refunded if cancelled, or prorated, if changes are made before the next payment due date. Unused services expire every month and do not carry forward. We will deduct payment from your account but if the full amount isn’t sufficient, then we apply the charge to the payment method on file. Recurring payments are subject to the Auto Payment and Auto Top-Up terms. We may suspend your account if a charge we consider authorized is disputed and the account may be cancelled if it is not resolved in 60 days, and the remaining service in the account will be lost. Multiple charge backs will result in payment via Top-Up only or your service will be cancelled. When your account is cancelled, you will lose Service and your phone number. Reactivation fees may apply to resume service after cancellation.

Free Lifeline and/or ACP Account Activity Requirement: You must make or answer a voice call, send a text message, use data or purchase service minutes or data at least once during any 30-day period If you do not, we will send you a notice of inactivity. To keep your service, you must make or answer a voice call, send a text or use data at least once within 15 days after the 30-day period, or contact us to confirm that you would like to continue receiving Lifeline service. Use of Wi-Fi to go online does not count as activity. If you don’t do any of these things, your service benefit will terminate and free Lifeline and/or ACP your account will move to a pay by the minute rate plan.

Maintaining Eligibility and Service: You will receive free Lifeline and/or ACP service from us if you meet and continually verify the respective eligibility requirements for the respective program. If we believe you are not eligible for free Lifeline and/or ACP service, we will notify you that your free Lifeline and/or ACP service will be cancelled. You will have 30 days to respond to the termination notice. If you don’t confirm or we independently confirm you are ineligible, then your free Lifeline and/or ACP service benefit will terminate and your account will move to a pay by the minute rate plan.

Using Assurance Wireless Services After Termination of free Lifeline and/or ACP Services:

If you were placed on the Pay-As-You-Go service beginning October 16, 2022, then you can continue to use our service on a pay-as-you-go basis . You will have 125 days to add funds to your account after the termination of your fee Lifeline and/or ACP service after which any unused service balance and the phone number will be lost and your account closed. If you continue to use our service as a pay-as-you-go customer, you must add sufficient funds to your account on a timely basis. The time your pay-as-you-go account will remain active depends on the amount you deposit while the account is active. For 45 days if you deposit between $10-10.99, for 90 days if you deposit $20-$79.99, 365 days if you deposit $80. Failure to make a deposit 125 days after the balance expiration date will result in account cancellation, loss of unused service balance and phone number. You will be charged the rates listed below in the Assurance Wireless Regular Non-Lifeline Rates section for pay-as-you-go services.

Customers who were placed on Pay-As-You-Go service prior to March 10, 2022 - October 16, 2022: I

If you were placed on Paygo between March 10, 2022 and December 22, 2022, then you have 60 days to add funds to your account after the expiration of your free Lifeline and/or ACP service, after which any unused service balance and the phone number will be lost and the account closed.

Florida customers: Florida customers who were place on Paygo before March 11,2022, have 365 days to use the service balance in their account after the expiration of their Assurance Wireless free Lifeline and/or ACP service, after which any unused service balance and the phone number will be lost and the account closed.


Permitted and Non-Permissible Uses: You may use our network for: live voice calls for personal use, messaging and data (web, email, file transfer, apps, social media, gaming, streaming content). You are not permitted to use your device or services, including unlimited, in a way that: (1) is fraudulent, unlawful, infringes on intellectual property rights, harms or unduly interferes with the use of our network or systems or other parties’ resources; (2) uses services for commercial use (monitoring, telemarketing, auto dialed calls, unauthorized marketing, connections consisting of uninterrupted live dialogue between people; (3) with devices that are incompatible with our network (that will be blocked); and (4) is contrary to our customers’ or network interests. Our telecommunication services are provided on the T-Mobile network. For important information on T-Mobile's network management tools, policies and other related information, please visit www.t-mobile.com/responsibility/consumer-info


Unlimited Use Plans: If you subscribe to rate plans, services or features that are described as unlimited, you should be aware that such "unlimited" plans are subject to Assurance Wireless General Terms and Conditions, including network management.

Phone Information and Return Policy: Assurance Wireless phones are provided free of charge or can be purchased at a low cost. Phone models are either new or refurbished based on availability or available rate plans. Devices may vary depending on inventory. Local phone numbers may not be available in certain markets. Additional fees may apply for equipment change requests processed by customer service. You can request to change your mobile phone number up to three times each year.

Devices purchased directly from Assurance Wireless can be returned within 7 days of purchase by calling Customer Care. Customer must return the device undamaged and in good working condition, with no material alterations to the device’s hardware or software, in its original packaging and all its components along with the original receipt. Devices purchased from other sources (e.g., Our Sales Agents), the Assurance Wireless Web Store, or authorized retail locations are subject to their respective return policies.

State Dispute Resolution Information. Unresolved questions or complaints regarding Lifeline service may be directed to the following state offices or agencies:

California: CPUC Consumer Affairs Branch, California Public Utilities Commission, 505 Van Ness Avenue, San Francisco, CA 94102; telephone: 1-800-649-7570, online at: www.cpuc.ca.gov/cab.

Colorado: Colorado Public Utilities Commission, Consumer Affairs, 1560 Broadway, Suite 250, Denver Colorado 80202, Phone 303-894-2070 or 800-456-0858,FAX 303-894-2432, email PUCconsumer.complaints@dora.state.co.us.

Georgia: Georgia Public Service Commission’s Consumer Affairs Unit at 404-656-4501.

Kansas: Kansas Corporation Commission, Office of Public Affairs and Consumer Protection, at KCC - Consumer Protection, 1500 SW Arrowhead Road, Topeka, KS 66604 or toll-free 1(800) 662-0027 or in Topeka (785) 271-3140. Hearing or speech impaired TDD Kansas Relay Center 1(800) 766-3777.

Massachusetts: Massachusetts Department of Telecommunications and Cable at (800) 392-6066 or (617)305-3531.

Pennsylvania: Pennsylvania Public Utility Commission, Bureau of Consumer Services P.O. Box 3265, Harrisburg, PA 17105-3265 or call 1-800-692-7380 or online at www.puc.pa.gov.

Washington: Washington State Office of Attorney General, Consumer Protection Division at 1(800) 551-4636.

ASSURANCE WIRELESS RATES (All States except California, Texas, Utah and Wisconsin)

Plans effective for California 12/1/2020, Plans effective for Texas 12/1/2020, Plans effective for Wisconsin 12/1/2020 [California customers: see "California Rates;" Texas customers: see “Texas Rates”, Wisconsin customers: see “Wisconsin Rates,” Utah customers: see “Utah Rates”.]:

Free Talk, Text & Data: 1000 voice minutes, unlimited text messages and 4.5GB of data effective 12/1/2020. Only available to customers with smartphones (not feature phones).

Additional Services: Add’l 250 voice minutes for $5; Add'l voice: 10¢ /min.; International text, and voicemail messages are not included in the monthly allocation of messages. You must have a Smartphone to use MMS services.

Assurance Wireless Regular Non-Lifeline Rates (Pay-as-You-Go): 10¢/voice min. &10¢/text msg.(sent or received); 25¢/picture msg. (sent or received). Int’l text messaging: 20¢/msg. sent & 10¢/msg. to receive. Rates are subject to change.

CALIFORNIA RATES

Plans effective 12/1/2020

Free Unlimited Voice Minutes, Free Unlimited Text Messages and 6GB Free Data and Hotspot.

Free Unlimited Voice Minutes, Free Unlimited Text Messages and 6GB Free Data.

Additional Services: International text and voicemail messages are not included in the monthly allocation of messages. You must have a Smartphone to use MMS services.

Other Messaging Rates (Compatible Plans): Int’l: 20¢ /msg sent & 10¢ /msg to receive; email & IMs; 10¢/msg (sent or received).

Assurance Wireless Regular Non-Lifeline Rate (available only after termination of Lifeline service): 10¢/voice min & 10¢/message (sent or received). Picture msg: 25¢ /msg sent or received. Int’l: 20¢ /msg. sent & 10¢ /msg to receive; email & IMs;10¢/msg (sent or received). Non-LifeLine rates subject to change.

International Offer Terms: Offer available only for California customers. Recurring offer(s) take effect after purchase and when new monthly plan cycle begins, and remain on accounts until removed. Accounts must have a sufficient service balance for the offer by the monthly payment date or the service will be interrupted.

$5 International& Text Offer:

  • Unlimited Calls to Mexico landlines/mobile phones
  • Unlimited Calls to Canada landlines/mobile phones1
  • Unlimited International Text (over 200 international destinations)

1excludes Northern Territories, area code 867

$10 International& Text Offer:

  • Unlimited Calls to Mexico landlines/mobile phones
  • Unlimited Calls to Canada landlines/mobile phones1
  • Unlimited International Text (over 200 international destinations)
  • Unlimited calls to landlines in over 70 countries. (See list of countries*)
  • A total of 200 minutes to call select mobiles in over 50 countries (including the Dominican Republic) or to call landlines in the Dominican Republic. (See list of countries*)

1excludes Northern Territories, area code 867

*To view the list of countries please visit: www.assurancewireless.com/International.html.

Other Terms: Calls made to destinations not included in offers will be subject to additional charges. AVAILABLE COUNTRIES AND/OR SELECT INTERNATIONAL CITIES ARE SUBJECT TO CHANGEWITHOUT NOTICE. Visit www.assurancewireless.com/International.html regularly for changes including, but not limited to, included countries, select international cities & fees. California LifeLine customers refer to California Schedule of Rates for additional information.

AndroidTM Smartphone: New Lifeline customers will be offered an AndroidTM Smartphone. Phones that are provided may be new, pre-owned, or refurbished devices.

Customers who have been reinstated within 60 days of their service end date may keep their original phone and phone number.

California Safety Disclosures: Unlike a traditional wireline phone, a wireless handset may be removed from the home. Also, wireless service may experience interruptions due to weather conditions, terrain, or gaps in service coverage. For additional information regarding wireless service coverage, see Assurance Wireless General Terms and Conditions of Service under the heading Coverage; Where Your Device Will Work; Service Speeds.

* Trademarks: Android, Google, the Google logo and Google Play are trademarks of Google Inc.

Assurance Wireless Regular Non-Lifeline Rate (available only after termination of Lifeline service): 10¢/voice min. & 10¢/message (sent or received). Non-Lifeline rates subject to change.

TEXAS RATES

Plans effective 12/1/2020.

Free Talk, Text & Data: Unlimited FREE Voice Minutes, Unlimited FREE Texts and 4.5GB FREE Data each month.

Additional Services: International text and voicemail messages are not included in the monthly allocation of messages. You must have a Smartphone to use MMS services.

Assurance Wireless Regular Non-Lifeline Rate (available only after termination of Lifeline service): 10¢/voice min. & 10¢/message (sent or received). Non-Lifeline rates subject to change.

International Offer Terms: Offer available only for Texas customers. Recurring offer(s) take effect after purchase and when new monthly plan cycle begins & remain on accounts until removed. Accounts must have a sufficient service balance for the offer by the monthly payment date or the service will be interrupted.

$5 International& Text Offer:

• Unlimited Calls to Mexico landlines/mobile phones

• Unlimited Calls to Canada landlines/mobilephones1

• Unlimited International Text (over 200international destinations)

1excludes Northern Territories, area code 867

$10 International& Text Offer:• Unlimited Calls to Mexico landlines/mobile phones

• Unlimited Calls to Canada landlines/mobilephones1

• Unlimited International Text (over 200 international destinations)

• Unlimited calls to landlines in over 70 countries (See list of countries*)

• A total of 200 minutes to call select mobiles in over 50 countries (including the Dominican Republic) or to call and lines in the Dominican Republic. (See list of countries*)

1excludes Northern Territories, area code 867

*To view the list of countries please visit www.assurancewireless.com/International.html.

UTAH RATES

Plans effective 12/1/2020.

Free Talk, Text & Data: 1400 FREE Voice Minutes, Unlimited FREE Texts and 4.5GB FREE Data each month.

Additional Services: Add’l 250 voice minutes for $5; Add'l voice: 10¢/min.; International text and voicemail messages are not included in the monthly allocation of messages. You must have a Smartphone to use MMS services.

Assurance Wireless Regular Non-Lifeline Rate: 10¢/voice min. & 10¢/message (sent or received). Rate subject to change. Add’l or Pay as You Go Messaging Rates(subject to change): Picture msg: 25¢/msg sent or received; Int’l: 20¢/msg. sent & 10¢/msg to receive; email & IMs: 10¢/msg (sent or received).

WISCONSIN RATES

Plans effective 12/1/2020.

Free Talk, Text & Data: 1,150FREE Voice Minutes, Unlimited FREE Texts and 4.5GB FREE Data each month.

Additional Services: Add’l 250 voice minutes for $5; Add'l voice: 10¢/min.; International text and voicemail messages are not included in the monthly allocation of messages. You must have a Smartphone to use MMS services.

Assurance Wireless Regular Non-Lifeline Rate: 10¢/voice min. &10¢/message (sent or received). Rate subject to change. Add’l or Pay as You Go Messaging Rates(subject to change): Picture msg: 25¢ /msg sent or received; Int’l: 20¢/msg. sent & 10¢/msg to receive; email & IMs: 10¢/msg (sent or received).

Assurance Wireless Bundled Plans (All States except California and Texas)

For Feature Phone Customers

$30 Unlimited Talk, Text & Web: Unlimited voice minutes, text messages and web access (excludes downloadable content). If you do not have a sufficient service balance in your account to pay your monthly charge on your payment due date, you will automatically be switched to Free Talk & Unlimited Text depending on your rate plan. Only available to customers with feature phones (not smartphones).

For Smartphone Customers

$15 Plan – Includes Unlimited Voice Minutes, Unlimited Texts and an additional 500MB Data each month (for a total of 5GB Data each month).

$20 Plan - Includes Unlimited Voice Minutes, Unlimited Texts and an additional 1GB Data each month(for a total of 5.5GB Data each month).

$30 Plan - Includes unlimited Voice Minutes, Unlimited Texts and an additional 4GB Data each month(for a total of 8.5GB Data each month).

$40 Plan - Includes unlimited Voice Minutes, Unlimited Texts and an additional 10GB Data each month(for a total of 14.5GB Data each month).

If you miss a payment, you will continue to receive free minutes, texts and/or data each month depending on your base rate plan for as long as you are eligible for Lifeline service.

Purchased rate plans’ expirations are tied to the date you receive new minutes and texts each month. You will lose any unused minutes on this date. Keep this in mind if you decide to buy a rate plan close to the end of your month.

Additional Services: Add’l 250voice: $5; Add'l voice: 10¢ /min.; International text and voicemail messages are not included in the monthly allocation of messages. You must have a Smartphone to use MMS services.

Assurance Wireless Regular Non-Lifeline Rate: 10¢/voice min. & 10¢/message (sent or received). Rate subject to change. Add’l or Pay as You Go Messaging Rates(subject to change): Picture msg: 25¢/msg sent or received; Int’l: 20¢/msg. sent & 10¢/msg to receive; email & IMs: 10¢/msg (sent or received).

International Offer Terms: Offer in all states where Assurance Wireless provides service EXCEPT California and Texas. Recurring offer(s) take effect after purchase and when new monthly rate plan cycle begins, and remain on accounts until removed. Accounts must have sufficient service balance or a registered payment vehicle for offer by the monthly payment date or the service will be interrupted. If you miss a payment, you will continue to receive free minutes, texts and/or data each month depending on your base rate plan for as long as you are eligible for Lifeline service.

$10 International& Text Offer:

  • Unlimited Calls to Mexico landlines/mobile phones
  • Unlimited Calls to Canada landlines/mobile phones1
  • Unlimited International Text (over 200 international destinations)
  • Unlimited Calls within the United States

1 excludes Northern Territories, area code 867

$15International & Text Offer:

  • Unlimited Calls to Mexico landlines/mobile phones
  • Unlimited Calls to Canada landlines/mobile phones1
  • Unlimited International Text (over 200 international destinations)
  • Unlimited calls to landlines in over 70 countries. (See list of countries*)
  • A total of 200 minutes to call select mobiles in over 50 countries (including the Dominican Republic) or to call landlines in the Dominican Republic. (See list of countries*)
  • Unlimited Calls within the United States

1excludes Northern Territories, area

*To view the list of countries please visit: www.assurancewireless.com/International_and_Unlimilited_Domestic..

Other Terms: Calls made to destinations not included in offers will be subject to additional charges. AVAILABLE COUNTRIES AND/OR SELECT INTERNATIONAL CITIES ARE SUBJECT TO CHANGEWITHOUT NOTICE. Visit www.assurancewireless.com/International_and_Unlimi... regularly for changes including, but not limited to, included countries, select international cities & fees.

Assurance Wireless $30 Data Deal (All States) the plan is no longer available for purchase as of 11/2019.


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General Terms and Conditions


Assurance Wireless

General Terms and Conditions

Effective: December 22, 2022


Thanks for choosing Assurance Wireless! Please use this page as a reference for questions about your service and the terms and conditions that govern the service(s). Please read these Terms & Conditions (“T&Cs”) carefully. These T&Cs contain important information about your relationship with us, including our agreement to mandatory individual binding arbitration of disputes, instead of using class actions or jury trials. By accepting these T&Cs, you agree, on behalf of yourself and any person that uses our Service(s) or Device(s), to these provisions.

WHAT SERVICE(S) DO WE OFFER?

Assurance Wireless offers service to customers eligible for the Lifeline Assistance Program (“Lifeline Assistance” or “Lifeline”) and/or the Affordable Connectivity Program (“ACP”). Lifeline is a government benefit program supported by the federal Universal Service Fund program. ACP is a government program that provides a discount on broadband service.

WHO AND WHAT ARE WE TALKINGABOUT?

When we say “we,” “us,” “our,” or “Assurance,” we mean Assurance Wireless USA, L.P. When we say “you,” “your,” “customer,” and “user,” we mean an Assurance Wireless account holder or authorized individual who uses our Devices or Services. “Device,” means any phone, tablet, mobile broadband device, or any other product or accessory we provide, sell, or that is active on your account with us. “Service(s)” mean Assurance Wireless-branded offers, Rate Plans, Data Plans, options, wireless services, Pay-As-You-Go services, applications, programs, products, software, or Devices on your account with us, as well as any other product or service that we offer or provide to you that references these T&Cs.

*WHAT DOES YOUR AGREEMENT WITH US LOOK LIKE?

Your Agreement with us includes these T&Cs and the following items (collectively, the “Agreement”):

· The Assurance Wireless application.

· The Services Agreement and transaction materials that you receive and accept when you get your Service and/or Device.

· The terms of your Rate Plan(s) and/or Data Plan(s) as described in the Services Agreement and transaction materials that we provide or refer you to during the sales transaction.

· Any confirmation materials that we may provide to you.

· The terms and conditions to any additional features you have selected.

· Provisions linked to from these T&Cs.

THIS AGREEMENT CONTAINS A MANDATORYINDIVIDUAL BINDING ARBITRATION PROVISION WITH A CLASS WAIVER, A REPRESENTATIVEACTION WAIVER, AND A JURY WAIVER PROVISION.

We strongly recommend that you carefully read all the terms of this Agreement. Sections marked “*” continue after termination of our Agreement with you.

You should be aware that our business policies, practices, and procedures published on our website or otherwise provided to you (collectively, “Policies”), including our Acceptable Use Policy, our Privacy Notice located at https://www.t-mobile.com/privacy-center/privacy-notices/t-mobile-privacy-notice,our Visitors Agreement, and our Network Management and Open Internet Practices, and our 911 disclosures located at https://www.t-mobile.com/responsibiltiy/consumer-info/afety/9-1-1,apply to the use of our products, Devices, and Services. To read more, visit www.assurancewireless/com/legal. We may change our Policies at any time, so please check our Policies for updates. California Lifeline customers should also review the California Lifeline Service Product Guide ("California Product Guide") provided with the Assurance Wireless Welcome Letter.

HOW DO I ACCEPT THE AGREEMENT?

You accept the Agreement (including these T&Cs) by doing any of the following things:

  • Giving us a written or electronic signature or confirmation, or by telling us orally you accept.
  • Activating, using, attempting to use, or paying for the Service(s) or Device(s).
  • Opening any Device packaging or starting any program that says you are accepting the Agreement by doing so.

If you don’t want to accept the Agreement, don’t do any of these things.

To accept, you must be of legal age (which means you are either legally emancipated or have reached the age of majority as defined in your jurisdiction) and able to enter a contract.

HOW WILL WE NOTIFY EACHOTHER?

Unless your Agreement specifically provides otherwise, you can call or write us as instructed online at www.assurancewireless.com/help-center/contact, by calling 1-888-321-5880, or by writing to: Assurance Wireless, P.O. Box 5040, Charleston, IL 61920-9907. We may get in touch with you by mail, phone, or electronic means using your account information in our records, including SMS/text messaging. Electronic notices are considered delivered when sent. Mail notices are considered delivered 3 days after mailing.

HOW DO I ACTIVATE MY SERVICE?

To activate the Service, you must program your Assurance Wireless Device using your account PIN. To establish an account balance, pay subscription charges, or make any other appropriate payments, please follow the instructions provided with the equipment at www.assurancewireless.com; or through Assurance Wireless Customer Care.

California Lifeline customers refer to the California Product Guide for additional information.

WHERE IS ASSURANCE WIRELESS AVAILABLE?

Assurance Wireless is only available for customers who live in the areas in which Assurance Wireless or, in certain cases, an affiliate, has been designated as an Eligible Telecommunications Carrier ("ETC") (in the case of Lifeline service), or has been authorized by an appropriate regulatory body to provide ACP service. Your principal residence address must be within an Assurance Wireless ETC service area.

WHO IS ELIGIBLE FOR ASSURANCEWIRELESS?

To be eligible for our service, you must meet these eligibility standards, which may be amended from time to time. Eligibility for our service varies by state.

· Government Programs. You may qualify for Assurance Wireless if you participate in any of the government programs listed on your Assurance Wireless application.

· Federal or State Programs. If you seek to qualify for Assurance Wireless based upon participation in a qualifying federal or state program, you may be required to provide proof of program participation such as a program identification card or other social service agency document that shows you currently participate in a qualifying federal or state program.

· Household Income. You may quality based on applicable household income eligibility standards. If you seek to qualify for Assurance Wireless under the household income eligibility standards, you may be required to provide specific types of written documentation showing proof of your household income.

Your account will remain active if you meet the applicable eligibility standards for Assurance Wireless. You are responsible for notifying us if you no longer meet the applicable eligibility standards. In addition, if you receive a notice from us requesting that you confirm your eligibility status, you must do so. Specific information regarding eligibility verification is listed in the Important Service/Product Specific Terms. Eligibility for Assurance Wireless is personal to you. You may not transfer any of your rights or benefits received from Assurance Wireless to any third party, including, but not limited to, any voice minutes or data service received under the Assurance Wireless service.

HOW MANY LIFELINE AND/OR ACP ACCOUNTS CAN I HAVE?

An eligible household may receive only one Lifeline discounted service (landline or wireless) and/or only one ACP benefit. You can receive both a Lifeline benefit and an ACP benefit at the same time but may only have one of each per household. A household is defined, for purposes of the Lifeline and ACP programs, as any individual or group of individuals who live together at the same address and share income and expenses. Violation of the one-per-household rule constitutes a violation of federal rules and will result in de-enrollment from the Lifeline and/or ACP program(s)and potential prosecution by the United States Government.

*BY APPLYING FOR ASSURANCEWIRELESS, AM I CONSENTING TO THE DISCLOSURE OF ANY INFORMATION?

Yes. By completing our application, you consent to the release of your information (including financial information) to our designated agent as required for the administration of your Service. You also consent to have your personal identification information, including but not limited to name, telephone number, and address shared with the Universal Service Administrative Company (USAC) (the Lifeline Program and ACP Program administrator), and/or its agents, as well as any relevant state Lifeline administrators, for the purposes of confirming that you and your household do not receive more than one Lifeline or ACP benefit. You also authorize us to discuss with, or access information from, state or federal agency representatives concerning your eligibility for and participation in the Lifeline and ACP programs. If you or any member of your household receives a Lifeline or ACP benefit from any other telephone company, then you are responsible for notifying your current service provider that you have been approved for Lifeline or ACP through us. We reserve the right to review your eligibility status at any time and require you to provide us with written documentation of either your household income or your participation in a qualifying federal or state program.

CAN ASSURANCE WIRELESS CHANGE THE AGREEMENT?

Yes. We may change any part of the Agreement at any time, including, but not limited to, rates, Charges, how we calculate Charges, discounts, coverage, technologies used to provide services, or your terms of Service. If you lose your eligibility for a particular Rate Plan, or if a particular Rate Plan is no longer supported or available, we may change your Rate Plan to one you qualify for. We will notify you of material changes and we may notify you of non-material changes. If you continue to access or use our Services or increase your account balance on or after the effective date of a change, you accept the change. Do not accessor use our Services after the effective date of a change if you decide to reject the change and terminate Service. You will not be entitled to any credit for the unused portion of your account balance if you decide to terminate Service in response to a change to the Agreement.

CAN ASSURANCE WIRELESS SUSPEND OR TERMINATE SERVICES?

Yes. We can suspend or terminate any Service at any time for any reason. For example, we can suspend or terminate any Service for: (a) failing to have or maintain an appropriate service balance for applicable Charges; (b) harassing, threatening, abusing, or offending our employees or agents; (c) providing false or inaccurate information; (d)interfering with our operations; (e) using or suspicion of using the Services in any manner restricted by or inconsistent with the Agreement or Policies or adversely affecting any of our other customers, reputation, network, property, or Services; (f) breaching, failing to follow, or abusing the Agreement or Policies; (g) modifying a Device from its manufacturer specifications (for example, rooting the device); (h) providing false, inaccurate, dated, or unverifiable information, including identification or eligibility information; or (i) if we believe the action protects our interests, any customer’s interests, or our networks. We do not offer refunds if service is terminated by us for these reasons. We may exclude certain types of calls, messages or sessions (e.g. conference and chat lines, broadcast, international, 900 or 976 calls, etc.), in our sole discretion, without further notice.

HOW DO I CHANGE MY SERVICES AND WHEN ARE CHANGES EFFECTIVE?

The account holder can typically change Services upon request. In some instances, changes may be conditioned on payment of certain Charges. The effective date of any changes will depend on our Policies, the old Service(s), and the requested Service(s). We will not credit or refund any subscription or other Charges because of a change in Service(s). We may, but are not obligated to, provide you the opportunity to authorize someone else to make changes to your Service(s). You are responsible for any changes to your Service(s) made by a person you authorize, and those changes will be treated as modifications to this Agreement.

HOW DO I TERMINATE SERVICES?

If you are no longer eligible for the Lifeline or ACP programs or want to cancel your Service with us for any reason, then please call us. If Services are terminated before the end of your usage cycle, we won’t prorate Charges to the date of termination, and you won’t receive a credit or refund for any unused Services. In other words, we don’t offer refunds if you terminate service.

*CAN I USE ASSURANCE WIRELESS SERVICES AFTER TERMINATION OF LIFELINE OR ACP SERVICES?

If you have both a Lifeline and ACP account and are no longer eligible for or de-enrolled from one program, then you will be moved to another service you qualify for. If you are no longer eligible for or de-enrolled from the Lifeline and ACP programs and remain on our network, you will be moved to a Pay-As-You-Go (“Pay go”) service. You will be charged “Assurance Wireless Pay-As-You-Go” rates. You can use our service on a Pay go basis and will have 125-days to add service to your account after the termination of your service. After this 125-day period, any unused service balance and the phone number will be lost, and your account will be closed. If you continue to use our service as a Pay go customer, you must add sufficient service to your account on a timely basis while your account is active. The length of time your account remains active will depend on your remaining service balance. If you do not add service 125-days after the balance expiration date, then the account will be cancelled, and the unused service balance and phone number will be lost. Customers moved to Pay Go between March 11, 2022 and October 22, 2022 will have 60-days to use the service balance before the account will be closed. Florida customers who moved to Pay go before March 11, 2022 have 365 days to use the service balance before the account will be closed. Please see our “Important Service/Product Specific Terms” for more details.

*DOES ASSURANCE WIRELESS PROTECT MY PRIVACY?

We care deeply about your privacy, and we want you to understand how we treat your data. As you use the Services, we develop information about the quantity, technical configuration, type, location, and destination of telecommunications products and Services you use, as well as some other information, some of which is considered Customer Proprietary Network Information (“CPNI”) under federal law. Please take a moment to review our Privacy Policy, available at www.t-mobile.com/privacy-center.

· What is CPNI? As we provide telecommunications products and Services to you (the account holder), we develop information about the quantity, technical configuration, type, location, and destination of telecommunications products and Services you use, as well as some other information. Under federal law, you have the right and we have a duty to protect the confidentiality of your CPNI. We may share CPNI with third-parties to provide services or as required by law.

  • How Do I Keep My Account Secure? Your account PIN, passwords, and other account credentials are specific to you and are yours to protect. Anyone who has access to this information, has access to your account. You (the account holder) may be required to password protect your account information by establishing a personal identification number (“PIN”). You may also be required to set a backup security question and answer in the event you forget your account PIN. We may treat anyone who presents your credentials as you or as an authorized user. We may disclose your account information or make changes in Service based on a request by someone with your account credentials. You agree that we may contact you for Service-related reasons through the contact information that you provide, through the Services or Devices to which you subscribe, or through other available means, including text message, SMS, email, fax, recorded message, mobile, residential or business phone, or mail.
  • What Information Is On My Device? Your Device contains sensitive, personal information. We are not responsible for any information on your Device, including sensitive or personal information. We recommend that you safeguard any sensitive or personal information when your Device is out of your possession or control. By submitting your Device to us, you agree that our employees, contractors, or vendors may access all the information on your Device. If you exchange, return, or recycle your Device through us, we typically attempt to erase all data on your Device, but you must remove all data from your Device before you provide it to us.

HOW CAN I USE MY DEVICE, NUMBER, AND EMAIL ADDRESS?

We don’t manufacture any Device that you use with our Service(s), including the Devices we provide. That means we aren’t responsible for any defects, acts, omissions, or other problems with your Device. Check with your manufacturer to determine whether there are any warranties on your Device. Device performance may vary based on Device specifications (for example, a Device’s software, memory, and storage), and Device performance may impact access to our Services. Your Device is designed to be activated on our network and in other coverage areas that we may make available to you. Except for any legal right you may have to port/transfer your phone number to another carrier, you have no—and cannot gain any (for example, through publication, use, etc.)—proprietary, ownership, or other rights to any phone number, identification number, email address, or other identifier that we assign to you, your Device, or your account. We’ll notify you if we decide to change or reassign them. We do not guarantee that any port or transfer of your phone number will be successful. Your Assurance Wireless phone may have to be programmed with restrictions that prevent another carrier's SIM card from being inserted into your phone’s SIM slot for use on a different network. Assurance Wireless will unlock a capable device, provided the device is eligible per Assurance Wireless’ Unlocking Policy. For more information, please visit https://www.assurancewireless.com/legal/ctia-regulatory.

WHAT ABOUT THE APPS I DOWNLOAD?

When you download or use certain applications, programs, devices, and services, you may be required to accept terms specific to those items. Generally, the terms will come from the app developer, software licensor, etc., which may be us or someone else. Any terms for third party apps are between you and the third party. Additional terms for bundled services may either modify or replace certain provisions in these T&Cs, including terms relating to activation, invoicing, payment, and disputing charges. When you use these items, you are agreeing the applications, programs, devices, and services may access, collect, use, or disclose your personal information and that we may disclose your information—including location information—to a third party.

*WHERE AND HOW WILL MY DEVICE WORK?

Our coverage maps are available at Assurancewireless.com/coverage. Your signal, and your specific network coverage will depend on the radio transmissions your Device can pick up and Service(s) you’ve chosen. Our coverage maps show our coverage estimates using Services outdoors under optimal conditions. As our customer, your actual service area, network availability, coverage, and quality may vary based on several factors, including your selected service, your Device (including the technologies it supports), terrain, structures, weather, network capacity signal strength, and whether you are on a private or public Wi-Fi network. Outages and interruptions in service may occur, and service speed may vary. Even within coverage areas and with broadband-capable devices, speed and service availability may be impacted by network changes, traffic volume, outages, technical limitations, signal strength, actions of third parties, whether your Device no longer supports network technologies compatible with or available on our network or the networks of our roaming partners, obstructions, weather, public safety needs, and other conditions. There are limits to the amount of your data allotment with your Lifeline and ACP Rate Plans. If you need additional data, you must purchase it.

We engineer our networks to provide consistent high-speed data service, but at times and at locations where the number of customers using the network exceeds available network resources, customers will experience reduced data speeds. T-Mobile and Sprint post-paid customers who choose certain rate plans, Metro by T-Mobile pre-paid customers, and Assurance Wireless customers may notice speeds lower than customers on some other T-Mobile or Sprint branded Rate Plans, which are prioritized higher on the networks. Further, we may, without advance notice, take any actions necessary to manage our network on a content-agnostic basis, including prioritizing all on-device data over tethering data and, for the vast majority of Rate Plans, further prioritizing the data usage of our heavy data users below that of all other customers. This threshold number is periodically evaluated and may change over time. Customers whose data is prioritized lower may notice speeds lower than customers with higher priority in times and locations where there are competing customer demands for network resources.

Where the network is lightly loaded in relation to available capacity, a customer whose data is prioritized below other data traffic will notice little, if any, effect from having lower priority. This will be the case in most times and locations. At times and locations where the network is heavily loaded in relation to available capacity, these customers will likely see reductions in data speeds, especially if they are engaged in data-intensive activities. Customers should be aware that these practices may occasionally result in speeds below those typically experienced on our 5G or LTE networks. We constantly work to improve network performance and capacity, but there are physical and technical limits on how much capacity is available, and in constrained locations the frequency of heavy loading in relation to available capacity may be greater than in other locations. When network loading goes down or the customer moves to a location that is less heavily loaded in relation to available capacity, the customer’s speeds will likely improve. Visit our Open Internet page at www.assurancewireless.com/legal/net-neutrality for details and for current data amount subject to this practice.

Additionally, we deploy streaming video optimization technology in our networks, which also helps to ensure that available network capacity can be utilized to provide a good service experience for the maximum number of customers. The optimization technology is intended to manage data usage on the network, reduce the risk of streaming video stalling and buffering on mobile devices, and reduce the amount of data consumed for streaming video, which also makes room for other users to enjoy higher speeds and a better network experience overall. While many changes to streaming Video files are likely to be indiscernible, the optimization process may impact the appearance of the streaming video as displayed on a user’s Device. See your Rate Plan and our Open Internet page at www.assurancewireless.com/legal/net-neutrality for more details.

*WHAT ABOUT ROAMING (OFF-NET)?

Our rate plans are not eligible for roaming on another carrier’s network.

*WHAT ABOUT USING DATA SERVICES?

Our data Services and your Device may allow you to access the internet, email, text, take pictures and videos, download and play games, video, music, graphics, sound, applications and other materials (collectively, “Content”) or send Content elsewhere. We have no control over the Content that you access on your Device. Content may be: (1) unsuitable for children/minors; (2) unreliable or inaccurate; or (3) offensive, indecent, or objectionable. You’re solely responsible for evaluating the Content accessed by you or anyone through your Device or Services. We strongly recommend that you monitor data usage by children/minors. Content from third-parties may also harm your Device or its software. We are not responsible for any Content or damage caused by Content that you access through your Service(s) that you load on your Device or that you request that our representatives access or load on your Device. For more information on Content and restrictions on Content, see your service plan details. If we provide you storage for Content that you have purchased, then we may delete the Content without notice or place restrictions/limits on the use of storage areas. Content stored on a Device, transmitted over our networks, or stored by us may be deleted, modified, or damaged. You may not be able to make or receive voice calls while using data Services. Content provided by our vendors or third-parties may be cancelled or terminated at any time without notice to you, and you may not receive a refund for any unused portion of the Content.

*ARE THERE THINGS I CANNOT DO WITH ASSURANCE WIRELESS’S DATA SERVICES?

You cannot violate these T&Cs. Our data services are designed for use with your Assurance Wireless Device for reasonable and non-continuous internet access such as web surfing and non-continuous downloading, streaming, gaming, and other personal internet access services. You cannot in any manner resell the Services to another party. There are limits to the amount of your data allotment with your Lifeline Rate Plan. If you need additional data, you must purchase it. You can’t use our data Services: (1) with server devices or host computer applications or other systems that drive continuous, heavy traffic or data sessions or automatically consume unreasonable amounts of network capacity; (2) as a substitute or backup for private lines or frame relay connections; (3) for automated machine to machine connections or purposes that are designed for unattended use, or (4) for any other unintended use as we determine in our sole discretion. You may tether your Assurance Wireless Device to other lawful devices pursuant to the allotments contained in your Rate Plan for use of your Device as a hotspot or when the Device and rate plan are specifically intended for that purpose (for example, 4G Hotspots, wireless routers, Data Link, etc.). You also can’t use our data services in a manner that is unlawful, infringes on intellectual property rights, or harms or unduly interferes with the use of our network or systems. Our data Services may not be used to disrupt email use by others using automated or manual routines, including, but not limited to “auto-responders "or cancel bots or other similar routines; to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, “junk mail,” unsolicited commercial or bulk email, or fax; or for activities adversely affecting the ability of other people or systems to use either our wireless services or other parties’ internet-based resources, including, but not limited to, “denial of service” attacks against another network host or individual user. We may limit, suspend, constrain, or terminate your Service for use that violates these T&Cs or for any heavy, continuous data usage or usage that adversely impacts our networks’ performance, hinders access to our networks, or that we determine is necessary to protect our networks from harm or degradation.

*HOW WILL I BE CHARGED FOR USE OF THE SERVICES?

Free Lifeline / ACP Rate Plans: There is no payment required if you do not go over the voice or data limits of your Lifeline Rate Plan. If you would like to receive more voice or data, you may buy additional voice or data. More information on how to add additional voice or data to your account can be found at www.assurancewireless.com/Public/FAQs.

Paid Rate Plans and Paid Services: For paid Rate Plans and paid services, you agree to pay all Charges in advance before the first day of your Service cycle. Service Charges cannot be paid in arrears. You also agree to pay in advance all Charges we assess or that were accepted or processed through all Devices on your account. Unless otherwise specified in your Rate Plan, monthly service cycles are approximately 30 days long. The dates of your monthly or weekly service cycles and other dates related to your account may change from time to time. You agree to provide us with accurate and complete account address and tax related information and to report all changes within 30 days of the change. Wireless access to corporate/employee email may require additional server observer access, licenses, or additional requirements which may incur additional Charges. By requesting wireless access to corporate/employee mail, you agree to pay any of these additional Charges.

You may authorize recurring payment of your Charges through a credit or debit card or bank transfer authorization, which authorizes us to charge all amounts you owe us to the credit or debit card or bank transfer authorization up to five (5) days prior to the due date and to demand immediate payment from the card or debit issuer or bank. We may change the day on which we charge your credit or debit card, in our sole discretion, but in no event will that day be more than five (5) days prior to the due date.

Unless required by law, we will not give you additional notice or obtain additional consent from you before charging Charges to that credit or debit card. You must promptly notify us of any change in the credit or debit card or bank transfer authorization you want to use for payment. We may charge a returned payment fee at the highest amount permissible by law. We may restrict your payment methods to secure forms of payment at any time for good reason.

ARE REFUNDS AVAILABLE?

No. We are not responsible for, and we do not refund, lost, stolen, misused, or damaged Top-Up cards or PINs. We do not accept returns of or provide refunds for Top-Up cards or PINs. Top-Up cards or PINs must be applied to your account within the time specified on the card. All Top-Up sales are final and non-refundable regardless of who uses or possesses your mobile phone or Device after you purchase services, and regardless of whether the mobile phone or device is used with your consent or knowledge.

*ARE THERE OTHER FEES?

Certain transactions may be subject to a charge (for example, handset upgrades, etc.). We will tell you if any of these fees apply to your requested transaction.

CAN I AUTHORIZE OTHER USERS?

Our service is not transferable to any other person. You are responsible for any changes to your Services made by a person you authorize, including adding or removing Services or features to your account, receiving notices and disclosures on your behalf, purchasing Devices for use with our Service, or entering a new Term Commitment, all of which may result in additional Charges, and are considered modifications to this Agreement.

*HOW WILL YOU CALCULATE MY CHARGES?

  • Voice Calls: For Charges based on the amount of time used, we round up partial minutes to the next full minute. You are charged for connected calls including calls to voice mail and your rate is based on the location of the network equipment providing service and not your device location or area code. Calls begin when you push a button or graphic to initiate the call or when the call connects to the network and they end when you hang up or end the call, or the network connection breaks. Calls may be subject to maximum duration and automatically terminated if exceeded.
  • Off-Rate Plan Charges. Unlimited talk is for direct communications between 2 people. You may have to pay extra for calls to some numbers (e.g. conference & chat lines, broadcast, calling card, international, 900 or 976 calls, etc.).
  • Data: Data is measured in bytes and is rounded up to kilobytes (KB) at the end or during a data session. Data usage may be presented on your bill as kilobytes, megabytes, or gigabytes (each, a “Data Increment”). You are charged for all data directed to your Device’s internet address, including sessions that support your Device functions (including any applications you have downloaded on your Device), as well as data sessions you did not initiate. Data charges may be rounded to the next cent if you are billed by a Data Increment. Data estimates are not reliable predictors of actual data usage.
  • Surcharges: You agree to pay all surcharges applicable to your Rate Plan. Surcharges are not mandated or imposed on you by law, they are our charges that are determined, collected, and retained by us. The components and component amounts of the Surcharges are subject to change without notice. These surcharges include charges, costs, fees, and certain taxes that we incur to provide Services (and are not government taxes or fees imposed directly on our customers). Surcharges assessed to you will vary depending on the type of Service and the Rate Plan you have. Surcharges may change from time to time without notice, regardless of any Rate Plan guarantee. Surcharges will apply whether or not you benefit from the programs, activities, or services included in the Surcharge.
  • Additional Fees? Depending on your Service, your payment may cover Charges for additional services.

*WHAT IF I DON’T PAY ON TIME?

Your payment will be considered late if we do not receive it before the first day of the Service cycle for which the payment is due. If we accept late or partial payments, you still must pay us the full amount you owe. In addition, we may charge an additional fee up to the maximum amount permitted by law for any payment tendered by you and returned unpaid by a financial institution for any reason. Non-payment fees are intended to be a reasonable advance estimate of our actual costs resulting from non-payments by our customers; these costs are not readily ascertainable and are difficult to predict or calculate at the time that these fees are set. We also reserve the right to report any check returned to us to reporting and credit agencies and law enforcement.

If your account is unpaid or otherwise not in good standing, your service may be reduced, suspended, or terminated. If your Service is terminated and you promptly pay past due amounts, we may reconnect your Service after you have paid any reconnection fees. In such case, your service cycle anniversary date will not change, which will result in fewer days of Service for that month. If you have a dispute regarding the Charges to your account, or about the Services provided to you, you agree to follow the notification process set forth in the “Can I Dispute My Charges?” Section. 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 Charge, you agree that the issue is fully and finally resolved and such credit will act as an accord and satisfaction.

*CAN I DISPUTE CHARGES?

If you have any questions about your Charges, or want to dispute any Charges, please contact us at www.assurancewireless.com/help-center/contact, by calling 1-888-321-5880, or by writing to: Assurance Wireless, P.O. Box 5040, Charleston, IL 61920-9907. If this does not fix things, please notify us inwriting. Unless otherwise provided by law, you must notify us in writing of any dispute regarding your account or Charges to your account within 60-days after the date you first receive the disputed charge. If you don’t, you may not pursue a claim in arbitration or in court. If you accept a credit, refund or other compensation or benefit to resolve a disputed account or charge, you agree that the issue is fully and finally resolved, and we shall be released from all liability regarding the dispute. Unless otherwise permitted by law, you must pay disputed Charges until the dispute is resolved. You accept all Charges not properly disputed within 60-days.

*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 and 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, that this harm 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.

HOW DO LOCATION-ENABLED SERVICES WORK?

Our networks generally know the location of your Device when it is outdoors and/or turned on. By using various technologies to locate your Device, we can provide enhanced emergency 9-1-1 services and optional location-enabled services provided by us or a third party. Network coverage or environmental factors (such as structures, buildings, weather, geography, landscape, and topography) can significantly impact the ability to access your Device’s location information and use of location-enabled services. You agree that any authorized user may access, use, or authorize Assurance Wireless or third party location-enabled applications to use your location through the Services. You understand that your use of any location-enabled applications is subject to the application’s terms and policies, including its privacy policy. If you activate location-enabled services for Devices used by other authorized users, you agree to inform the authorized user(s) of the terms of use for location-enabled applications and that the Device may be located. There may be limitations when calling 911 using Wi-Fi calling services if you are at a location different from your E911Registered Address. Please see “911 ACCESS” for more information.

911 ACCESS?
PLEASE CAREFULLY READ THE INFORMATION BELOW. IT CONTAINS IMPORTANT INFORMATION REGARDING LIMITATIONS OF 911 FUNCTIONALITY. YOU ACKNOWLEDGE THESE LIMITATIONS AND AGREE TO SHARE THESE LIMITATIONS WITH ANYONE WHO MAY USE YOUR SERVICE TO PLACE CALLS OR SEND TEXTS.

911 services are provided by your state and local government. Our handsets can make calls to 911 in the United States, and 911 access is available to customers regardless of your Rate Plan. The handset must have battery power and network connectivity to complete a 911 call. Although we are often capable of communicating your phone number and/or current location to a public safety answering point (“911 Communications Center”), in some cases, 911 Communications Center operators may not know your phone number or have information about your current location so you should provide your contact information and current location. Other third party entities are involved in connecting a 911 call and we are not solely responsible for determining which 911 Communications Center your 911 call may be routed to. If you are porting a phone number to or from us, we may not be able to provide you with 911 location services while the port is in process. If you are outside the U.S., you may have to dial a different number than 911 to call emergency services.

Text-to-911.Text-to-911 service may be available in some locations where our service is provided. This is dependent on your local 911 Communication Center’s ability to receive text messages.

TTY Calls to 911.Calls to 911 from a TTY will not work when using Wi-Fi Calling or Voice-over-LTE (“VoLTE”). If you cannot make a voice call to 911, we recommend you use an internet-based Telecommunications Relay Service such as Video Relay Service, IP Relay Service, or IP Captioned Telephone Service. Our Real-Time Text (“RTT”) technology is also available on our network and can be used on select devices to contact 911. For more information or if you have questions concerning the capabilities of your wireless device, please contact Customer Care at 888-321-5880.

Wi-Fi Calling. Wi-Fi Calling services utilize Voice over Internet Protocol (“VoIP”) technology. VoIP telephony is fundamentally different from traditional telephone service and has inherent limitations. VoIP services, including 911 calling, may be unavailable or limited in some circumstances. If possible, use cellular connection to place any 911 calls. 911 functionality for our VoIP services may be impaired or unavailable for various reasons, including:

  • If you use the VoIP Service in a location other than at Your E911 Registered Address;
  • If you use a non-native telephone number;
  • If there is a problem with the broadband network utilized; and
  • If you have lost electrical power.

Before using Wi-Fi Calling services, you must provide us with the primary street address at which the Wi-Fi Calling service will be used (“Your E911 Registered Address”). If you call 911 using Wi-Fi Calling services, including Wi-Fi Calling, we may transmit YourE911 Registered Address to the 911 Communications Center that answers the call, and it may be used to help emergency responders locate you. You agree to update Your E911 Registered Address before you use Wi-Fi Calling service at a different location. You can update your E911 Registered Address by contacting Customer Care at 888-321-5880.

In some circumstances, when using Wi-Fi Calling services, we may not be able to provide 911 Communications Centers with your correct current location. If you make a 911 call using our including Wi-Fi Calling services, you should always provide the 911 Communications Center your contact information and current location.

*WHAT IF MY DEVICE IS LOST OR STOLEN?

Contact us right away so no one else can use your remaining service balance. You may be charged for a replacement device and shipping. You agree to cooperate if we choose to investigate the matter (provide facts, sworn statements, etc.). To learn about additional Anti-theft measures that may apply to you, visit: https://www.ctia.org/the-wireless-industry/industr....

*IS THERE A WARRANTY ON MY SERVICES?

Unless expressly provided inwriting otherwise, 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, including security or authentication purposes, concerning your Servicer your Device. While we strive to protect customer accounts, we do not guarantee security. You accept responsibility if you use your Service as a means of security or authentication for other accounts. For more information, please review our Privacy Notice. We can’t and don’t promise uninterrupted or error-free Service and don’t authorize anyone to make 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.

Services or Software provided by third parties (including voice applications), 911 or E911, text to 911, or other calling or messaging functionality, may work differently, or not at all, compared to those services offered by us. Please review all terms and conditions of such third party products. When using these products, we are not responsible for the availability or reliability of 911 calls or text to 911 messages, or if inaccurate location information is provided to the 911 Communications Center. We cannot assure you that if you place a 911 call or text you will be found.

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 content & apps appear on your account. You are responsible for maintaining virus and other Internet security protections when accessing third party content & apps or other services.

We and any third party providing Services are not responsible for any damage, delay, interruption, or other failure to perform resulting from: (a) providing or failing to provide Services, including, but not limited to, deficiencies or problems with a Device or network coverage (for example, dropped, blocked, interrupted Services etc.); (b) traffic or other accidents, or any health-related claims relating to our Services; (c) an interruption or failure in accessing or attempting to access emergency services from a Device, including through 9-1-1, Enhanced9-1-1 or otherwise; (d) interrupted, failed, or inaccurate location information services; (e) information or communication that is blocked by a spam filter;(f) damage to your Device or any computer or equipment connected to your Device, or damage to or loss of any information stored on your Device, computer, equipment, or Assurance Wireless storage space from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio; or (g) things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism, or government orders or acts.

*WHAT IS ASSURANCE WIRELESS’S LIABILITY?

TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS THAT YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE WHAT SO EVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH A DEVICE, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; LOSS OF BUSINESS; COST OF REPLACEMENT PRODUCTS AND SERVICES; 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 FINANCIAL, CRYPTO CURRENCY, OR SOCIAL MEDIA ACCOUNTS. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIM YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT 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, BY ANY ACT OF NATURE, OR BY ANY CRIMINAL ACTIVITY BY SOMEONE UNRELATED TO US. YOU ALSO AGREE WE AREN’T LIABLE FOR MISSED OR DELETED VOICEMAILS OR OTHER MESSAGES, FOR ANY INFORMATION (LIKE PICTURES) THAT GETS LOST OR DELETED IF WE WORK ON YOUR DEVICE OR FOR FAILURE OR DELAY INCONNECTING A CALL OR TEXTS TO 911 OR ANY OTHER EMERGENCY SERVICE OR PROVIDING PHONE NUMBER OF LOCATION INFORMATION TO A 911 COMMUNICATIONS CENTER. TO THE EXTENT PERMITTED BY LAW, YOU AND WE EACH ALSO AGREE THAT ALL CLAIMS MUST BE BROUGHT WITHIN 1 YEAR OF THE DATE THE CLAIM ARISES.

INDEMNIFICATION: YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, DIRECTORS, OFFICERS, AND EMPLOYEES, VENDORS, SUPPLIERS, AND LICENSORS HARMLESS FROM ANY CLAIMS ARISING OUT OF USE OF THE SERVICES OR DEVICES, BREACH OF THE AGREEMENT, OR VIOLATION OF ANY LAWS OR REGULATIONS ORT HE RIGHTS OF ANY THIRD PARTY BY YOU, ANY PERSON ON YOUR ACCOUNT, OR ANY PERSON YOU ALLOW TO USE THE SERVICES OR YOUR DEVICE.

*DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS CAREFULLY; IT AFFECTS YOUR RIGHTS

*HOW WILL WE RESOLVE DISPUTES?

We want you to be happy with your Assurance Wireless Services. If, for some reason, we cannot resolve your concern to your satisfaction through calls to our customer care, you agree that for any and all disputes or claims you have, you must first give us in opportunity to resolve your claim by sending a written description of your claim (“Notice of Dispute”) to: General Counsel; Arbitration Office; 12502Sunrise Valley Drive, Mailstop VARESA0202-2C682; Reston, Virginia 20191. The Notice of Dispute must contain enough information for us to identify your account and attempt to resolve your claim, including (a) the name of the Assurance Wireless account holder; (b) billing account number; (c) the mobile telephone number at issue; (d) a written description of the problem and relevant documents and supporting information; and (e) a good faith calculation of the damages you claim to have suffered and a statement of the specific relief you are seeking. We will provide you with a designated representative to work with to try and resolve your Dispute. You agree that you may not commence any arbitration or court proceeding unless you and we are unable to resolve the claim within 45-days after we receive your Notice of Dispute and you made a good faith effort to resolve your claim directly with us during that time.

State-Specific Information: Unresolved questions or complaints regarding your Lifeline or ACP service may be directed to the state offices or agencies listed in the Important Service/Product Specific Terms.

If we are unable to resolve your claim within 45-days despite those good faith efforts, then either you or we may start arbitration or small claims court proceedings.

*INDIVIDUAL BINDING MANDATORY ARBITRATION AND WAIVER OF CLASS ACTION

YOU AND WE EACH AGREE THAT, EXCEPT AS PROVIDED ABOVE, ANY AND ALL CLAIMS OR DISPUTES OF ANY NATURE, INCLUDING TORT AND STATUTORY CLAIMS, IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OUR PRIVACY NOTICE, OUR SERVICES, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION OR IN SMALL CLAIMS COURT. Further, unless both you and we expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. This includes any claims against other parties relating to Services or Devices provided or billed to you whenever you also assert claims against us in the same proceeding. Disputes also include, but are not limited to, claims that: (a) you or an authorized or unauthorized user of the Services or Devices bring against our employees, agents, affiliates, or other representatives; (b) you bring against a third party, such as a retailer or equipment manufacturer, that are based on, relate to, or arise out of in any way our Services or the Agreement; or (c) that webring against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims or any other legal theory; (ii) claims that arose before this Agreement or out of a prior Agreement with us; (iii) claims that are subject to on-going litigation where you are not a party or class member; and/or (iv) claims that arise after the termination of this Agreement. This agreement to arbitrate is intended to be broadly interpreted. You and 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 general choice of law provision set forth herein). 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).

For Puerto Rico Customers, references to “small claims court” should be understood to mean the Puerto Rico Telecommunications Bureau (“TRB”) for matters within the jurisdiction of said agency. See OTHER TERMS REGARDING DISPUTE RESOLUTION for details on the billing dispute process in Puerto Rico.

*HOW DOES ARBITRATION WORK?

  • To begin arbitration, you must send a letter requesting arbitration to us (see the “HOW WILL WE RESOLVE DISPUTES” section above) and to the American Arbitration Association (“AAA”). If the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing.
  • The arbitration of all disputes will be administered by the AAA under its Consumer Arbitration Rules then in effect at the time the arbitration is commenced, except to the extent any of those rules conflicts with this Agreement, in which case this Agreement will govern. The AAA rules are available at www.adr.org.
  • Unless you and we agree otherwise, the arbitration will be conducted by a single, neutral arbitrator and will take place in the county of your last billing address of the Service. The arbitrator will 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 will return its list to the AAA within 10-days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) the AAA will 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. 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 recover reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek attorneys’ fees in arbitration even if permitted under applicable law.
  • The Federal Arbitration Act (“FAA”) applies to this Agreement and arbitration provision. We each agree that the FAA’s provisions—not state law—govern all questions of whether a Dispute is subject to arbitration.
  • As an alternative to arbitration, we may resolve Disputes in small claims court in the county of your most recent address. In addition, this arbitration agreement does not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against us on your behalf.

*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 AS A CLASS, REPRESENTATIVE, MASS, OR CONSOLIDATED ACTION. If we believe that any claim you have filed in arbitration or in court is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver. If a court or arbitrator determines in an action between you and us that any part of this Class Action Waiver is unenforceable with respect to any claim, the arbitration agreement and Class Action Waiver will not apply to that claim, but they will still apply to all other claims that you or we may assert in that or any other action. If you opt-out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. You or any other customer cannot be a class representative, class member, or otherwise participate in a class, consolidated, mass, 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.

California Customers. If you file a claim related to your monthly payment with the Consumer Affairs Branch("CAB") of the California Public Utilities Commission you must, within 24 hours of filing, inform us by writing to the Customer Service address set forth above in the “HOW WILL WE NOTIFY EACH OTHER” Section. If we resolve your dispute, you agree to withdraw your claim with the CAB.

*ANYTHING ELSE?

Subject to federal law or unless the Agreement specifically provides otherwise, this Agreement is governed solely by the laws of the state encompassing the address of the Device, without regard to the conflicts of law rules of that state.

If we don’t enforce our rights under this Agreement in one instance, that doesn’t mean we won’t or can’t enforce those rights in another instance. If any part of the Agreement is held invalid that part may be severed from the Agreement.

This Agreement isn’t for the benefit of any third party except our corporate parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. 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, except as provided by law, and you cannot rely on any other documents or statements by sales or service representatives or other agents.

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.

Digital Millennium Copyright Act ("DMCA") Notice. If you believe that material residing on our system or network infringes the copyright of you or any third party for whom you are authorized to act, notify us by using the notice procedure under the DMCA and described at https://www.t-mobile.com/Company/CompanyInfo.aspx?tp=Abt_Tab_ConsumerInfo&tsp=Abt_Sub_CopyrightDMCAand http://es.t-mobile.com/DMCA.htmlfor our Spanish website. After receiving notice, we may remove or disable access to any infringing material as provided for in the DMCA. There are substantial penalties for sending false notices.

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Auto Payment and Auto Top-Up

Assurance Wireless

Auto Payment and Auto Top-Up

Effective: December 1, 2020

The following terms and conditions apply if you are enrolled in Auto Pay or Auto Top-Up ("AutoPay"). These terms and conditions govern three individual types of AutoPay: (i) Monthly; and (ii) Low Balance; and (iii) 45/90/Balance Expiration Date. Only one Auto Pay type will apply to you based on the Auto Pay type you selected when enrolling in Auto Pay.

You, the Customer, authorize Assurance Wireless to on a recurring basis, automatically charge the debit or credit card or PayPal account you specified for payments due on the Assurance Wireless account number you specified at the time of the Auto Pay enrollment. These recurring charges and all other charges to your account are non-refundable.

Assurance Wireless may discontinue processing of recurring charges if Assurance Wireless is unable to secure funds from the credit/debit card or PayPal account for the service payments you have authorized due to, but not limited to, insufficient or uncollected service balances in the account or insufficient or inaccurate information you provided. Your pay-as-you-go account will remain in good standing if it’s active for 45 days if you deposit between $10-19.99, or for 90 days if you deposit $20 or more, into this account, while the account is active. Assurance Wireless may, if applicable, undertake collection action, including application of returned fees to the extent permitted by law. All such fees may be collected electronically.

You consent to receive any communications relating to your payments, including confirmation of your enrollment in Auto Payment and/or Auto Top-Up, electronically to the e-mail address you have provided to us, as a text message to your wireless device or by other electronic means that you have agreed to. However, Assurance Wireless reserves the right to send such communications via paper under certain conditions.

Assurance Wireless will send a text message notification to your Assurance Wireless handset or an email, if an email is available, 10 days prior to any recurring charges. Assurance Wireless will also send a notification 10 days prior to any recurring charges that varies in amount from the previous recurring charge or from the amount you selected and authorized at the time of the Auto Pay enrollment; however, by enrolling in the Auto Pay, you elect to receive such notice only when a transfer differs from the previous transfer by more than $10.00.

You also understand that this authorization to pay the Assurance Wireless account number you specified at the time of the Auto Pay enrollment by recurring charges or debits is entirely optional and is not required to obtain or maintain my account with Assurance Wireless.

You are responsible for providing Assurance Wireless with accurate payment account information if such information changes in the future. You understand that you may call *86 or access your Assurance Wireless account online at www.assurancewireless.com three days prior to your recurring charge scheduled date to update or discontinue Auto Pay. Assurance Wireless will not initiate further transfers or charges after you have cancelled Auto Pay and Assurance Wireless has had a reasonable period of time to process your request.

If you are enrolled in the Monthly Auto Pay option, the following applies to you:
You will be automatically charged for any monthly recurring charges and add-ons, plus any applicable sales and local taxes, every month up to two days before your payment due date. Charges may vary each month based on your service subscription selection. You may check your payment due date at any time by accessing your account via our website.

If you are enrolled in the Low Balance Auto Pay option, the following applies to you:
You will be automatically charged for the fixed dollar amount selected and authorized by you at the time of the Auto Pay enrollment, plus any applicable sales and local taxes, every time your account balance reaches $5.00 or less. You understand that this Auto Pay option may result in multiple charges to your debit or credit card or PayPal account per month. You may check your account balance at any time by accessing your account via our website.

If you are enrolled in the45/90/Balance Expiration Date Auto Pay option, the following applies to you: You will be automatically charged for the fixed dollar amount selected and authorized by you at the time of the Auto Pay enrollment, plus any applicable sales and local taxes, on your balance expiration date. You understand that this Auto Pay option may result in multiple charges to your debit or credit card or PayPal account per year. You may check your balance expiration date anytime by accessing your account via our website. Here is how your balance expiration date works: If you make a single payment for $9.99 or less, your balance expiration date will remain the same; $10.00-$19.99 within 45 days; $20.00-$79.99 within 90 days; $80.00 or more within 365 days. (For Example: if you make a single payment of $20.00,your new balance expiration date will be 90 days from the day of your payment.)If your current balance expiration date is greater than the new calculated one, your balance expiration date will not be changed.

These Auto Payment and Auto Top-Up terms may be updated at any time, and changes become binding once posted to the Assurance Wireless website.

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