Terms and Conditions

Your service (“Service”) is provided by New York Mobile LLC, including its affiliates, assigns and agents (“Company” “we,” “us” or “our”). These Terms and Conditions (“Ts&Cs”) are part of your service agreement (“Agreement”) with Company and constitute a contract under which we provide you (“Customer”) with the “Service” under terms and conditions that you accept. Your Agreement with us includes (i) these Ts&Cs, (ii) our end user Subscription Agreement that you have separately signed, the form of which is set forth in Section I below; (iii) our Privacy Policy located at https://nymobile.com/privacy (iii) our Acceptable Use Policy located within this document as Prohibited Use section, and, (iv) the terms and qualifications set forth in any applicable coverage maps and brochures the Company has provided to you. Please read these Ts&Cs carefully. They cover important information about our Service, and, as applicable, your phone, handset, device, SIM card, embedded SIM (“eSIM”) data card, or other equipment or third party device (each, a “Device”) used with our Service and any access and usage charges, SIM Charges, taxes, fees, assessments, and other charges we bill you or that were accepted or processed through your Device (collectively, “Charges”). These Ts&Cs include terms regarding service plan changes, late payments, limitations of liability, number porting, privacy and resolution of disputes by arbitration instead of in court. The Ts&Cs also disclose that the Company does not own and operate the underlying communications network over which the Service is provided but has access to the network by contract. As a result, while the Company has sought to contract with a reliable carrier with a record of providing competitive service, Company cannot and does not guarantee availability, coverage or the quality of the Service. Outages and interruptions of Service may occur and the speed of the Service may vary. You and any authorized users on your account will have access to account information and may be able to make changes to the account. If you give your personal account validation information to someone, they can access and make changes to your account. Those changes will be binding on you. Authorized changes may require your agreement to new Ts&Cs. Our Right to Make Changes. The Company may change these Ts&Cs and/or any Service documents from time to time. We will endeavor to keep these Terms and Conditions and Service documents up to date, and will use commercially reasonable efforts to post changes to the website prior to the effective date of such changes. However, we reserve the right to make changes on shorter or no notice if circumstances warrant. So, please revisit these Ts&Cs from time to time. By continuing to use our Service after a change, you have accepted any changes we have implemented. Coverage. The coverage maps we make available provide an approximation of the areas where the Service is available including coverage available to you through agreements with other carriers (“off network” or “roaming”). We cannot and do not guarantee the availability of the wireless network and/or coverage. Coverage is not available everywhere and there are gaps in coverage within the areas shown on coverage maps Coverage also may vary and be affected by circumstances beyond our control (e.g., network capacity, interference from buildings and other structures, terrain, and weather). Roaming. Roaming occurs when a subscriber of one wireless service provider uses the network of another wireless provider based on agreements between the two providers. Roaming agreements may change from time to time, and roaming coverage is subject to change. Roaming most often occurs when you make and receive calls outside of the coverage area of our underlying carrier, but it may also occur within our underlying carrier’s coverage area. Your ability to receive roaming coverage may depend on the capabilities of your Device. Your Device will generally indicate when you are roaming. While roaming, certain Services and features may not be available or function the same way in all roaming areas, and limits on the amount of talk, text, and data allotments available for roaming may apply. Third parties also may impose fees for roaming services which you agree to pay. Because roaming is provided by a third party, the Company cannot and does not guarantee the availability, quality, or data speeds of any services when on the network of our underlying carrier or when roaming on another carrier’s network. Ownership of the Number/Porting. You do not have any property or ownership interest in the telephone number you select from or are assigned by the Company. Notwithstanding that, under certain circumstances you may transfer (“port”) your phone number to or from the Company. In some instances, the porting of a number is subject to the payment of a porting fee (“Porting Fee”) that reimburses the Company for the costs it incurs as a result of the port. The Porting Fee is delineated in the Agreement you signed when you initiated Service. You must have an active account with the Company in order to port a phone number to or from the Company. If you request that we port your number to a new service provider, we will treat it as notice from you to terminate your Service on that number upon successful completion of the port. You will not be able to transfer any unused balances on your account to your new provider. After the porting is completed, you will not be able to use our Service with that number. If you port your number to another provider, any provision of this Agreement that, by its context, is intended to apply after termination of the Agreement will survive termination. If your Services are terminated and you do not port your number to another provider, your phone number may be reassigned to another subscriber. Prime Number Service Agreement The Customer hereby enters into this Service Agreement (the “Agreement”) with New York Mobile, LLC (the “Company”) (collectively, the Company and Customer are referred to as the “Parties”). Whereas, Customer is a subscriber to Wireless or Call Forwarding service provided by the Company. Whereas, Customer has chosen to subscribe to a specific Prime Number (the “Number”) and is interested in acquiring Service from the Company. Whereas, the chosen Number is designated by the Company as a Gold, Platinum, or Diamond number, collectively known as “Prime Numbers”. Whereas, the porting of this Prime Number is subject to the terms of this Agreement in order to enable the Company to recoup from Customer the costs incurred by Company associated with the porting of this Prime Number. Now therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Customer agrees to subscribe to the Company’s Service utilizing the Number on the terms and conditions set forth in the paragraph agreed to by the Customer below: Pay Over Time Option. Customer agrees to pay a one-time Activation Fee of $35 for a wireless plan or $50 for Call Forwarding service plus a Subscription Fee for access to the Prime Number with the monthly fee being determined by the Full value of the Prime Number divided by the number of months in the term. Customer agrees to pay the Subscription Fee in equal monthly payments over a [12 month] or [24 month] term (the “Commitment Term”). Example: Subscriber chooses a Prime Number with a Full Value of $12,000 and a 24 month term. The Customer will be charged $500/month for the Prime Number in addition to the Service Plan Monthly Charge. The Subscription Fee and the Service Plan Monthly Charge will be billed as separate line items. The Customer may port the Prime Number after the Commitment Term without further obligation to the Company. If the Customer submits a request to port the Prime Number prior to the end of the Commitment Term, and they have been a customer in good standing with the company for a period of at least 6 consecutive months from original activation date, the port request will be honored immediately upon payment to the Company of the unpaid remainder of the Subscription Fee by the Customer. The Activation Fee and Service Plan Monthly Fees are not credited toward the Subscription Fee. Licensing Option. Customer agrees to pay a one-time Activation Fee of $35 for a wireless plan or $50 for Call Forwarding service plus a monthly License Subscription Fee equal to the License fee determined by the company and selected at the time of purchase. The user understands that the License represents a payment option to utilize the Prime Number on the New York Mobile Network or with New York Mobile Call Forwarding service exclusively with none of the value of payments being applied as amortization against the value of the Number. If the user submits a request to port the Prime Number, and they have been a customer in good standing with the company for a period of at least 6 consecutive months from original activation date, the port request will be honored immediately upon payment to the Company of a Porting Fee which is equal to the Full Value of the Prime Number as a cost to New York Mobile. The Activation Fee and Service Plan Monthly Fees are not credited toward the Porting Fee. Licensing Option customers may choose to change to a Pay Over Time option by contacting New York Mobile Customer Support. A one-time conversion fee of $50 will apply. Taxes Fees and Surcharges. In addition to paying the fees for Service set forth in these Ts&Cs, the Customer agrees to pay all applicable federal, state, and local taxes, surcharges or fees required or permitted to be billed by the Company. Generally, taxes, fees or surcharges may show up as separate line items on your invoice. Examples include, but are not limited to the following. 1. Federal Universal Service Fund ("FUSF"). The Company is obligated to contribute to the FUSF. This is a permissible pass-through surcharge but is not a tax or charge mandated by the government. The Company has opted to bill the FUSF surcharge as a separate line item to end-user Customers. 2. State & Local Regulatory Surcharges (“SUSF”). The Company may be required to Pay SUSF. These charges are permissible pass-through surcharges but are not taxes or charges mandated by the government. The Company has opted to bill the SUSF surcharge as a separate line item to end-user Customers. 3. Telecommunications Relay Services Fund (“TRSF”). Some states require contributions to the TRSF. The Company collects applicable fees from Customers and remits them to the relevant authorities. 4. State & Local Sales, Use, Communications Services and Local Utility Taxes. Most states impose some forms of state- or local-level sales and use tax and some jurisdictions impose a specific communications service tax and/or a local utility tax. The Company collects and remits these taxes as required by state and/or local law and passes these taxes on to the end user/consumer. 5. Gross Receipts Taxes. A number of states impose a gross receipts tax on communications service providers. Where applicable, the Company pays gross receipts taxes, and collects them from Customers when required (or permitted) by applicable state and/or local law. 6. E911 Fees. Most state and local jurisdictions impose E911 fees on certain communications services. The Company collects and remits these fees as required by state and/or local law and passes these charges on to the end user/consumer. 7. Cost Recovery Fee/Surcharge. The Company may incur fees associated with one or more of the following: (i) telecommunications services for the sight and hearing impaired; (ii) Local Number Portability Administration (“LNPA”); (iii) North American Numbering Plan (“NANP”) administration and administrative costs; (iv) and annual FCC regulatory fee obligations, The Company may impose a monthly cost recover fee of $50.00 to recoup for these charges. Prohibited Uses. The Company’s Services and Devices shall not be used for:

Illegal, abusive, threatening or fraudulent purposes.
Providing altered, deceptive, or false information about the identity of the sender or the origin of a message or phone call.
Actions which may be interpreted as harassing, defamatory, slanderous, deceptive, indecent, pornographic, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive, death threats, terroristic threats or any other uses related to terrorism, and other uses that conflict with applicable law.
Sending mass unsolicited email (SPAM), or other types of abusive, unsolicited, or other mass automated communications, including, but not limited to: viruses, worms, Trojan horses, rootkits, password crackers, adware, or any other computer programs that may damage, interfere with, secretly intercept or seize any system, program, data, or personal information.
Uses which consume disproportionate amounts of network capacity, which generate unusually high usage or which cause harm or adversely affect the network and Company customers, including but not limited to using applications which automatically consume unreasonable amounts of available network capacity or which are designed for unattended use, automatic data feeds, automated machine-to-machine connections, or applications that are used in a way that degrades network capacity or functionality.
Using the Service in a manner that compromises network security or capacity, uses malicious software or "malware," hinders other Customers’ access to the network, or otherwise adversely impacts network service levels or legitimate data flows.
Using a repeater or signal booster other than one we provide to you.
Accessing the accounts of others without authority.
Reselling the Service, either alone or as part of any other good or service.
Tampering with, reprograming, altering, or otherwise modifying your Device to circumvent any of our policies or violate anyone’s intellectual property rights.
Causing harm or adversely affecting us, the network, our customers, employees, business, or any other person.
Uses otherwise not in accordance with these Ts&Cs.
Attempting or helping other people in any of the activities mentioned above.

We reserve the right to add new types of uses we consider unacceptable. We also reserve the right to act immediately and without notice to restrict, suspend, or terminate your use of the Service in case you have disregarded the rules above. No refunds will be provided if the Service is terminated for violation of the acceptable use policy. Your Right to Dispute Charges. Unless otherwise provided by law, you agree to notify us of any dispute regarding your bill or Charges to your account within thirty (30) days after the date you first receive the disputed bill or Charge. If you do not notify us of your dispute in writing with supporting documentation within this time period, you may not pursue a claim in arbitration or in court. and unless otherwise provided by law, you must pay disputed Charges until the dispute is resolved. If you accept a credit, refund or other compensation or benefit to resolve a disputed bill or Charge, you agree that the issue is fully and finally resolved. Compatible Devices. You must use a supported, compatible Device to access the Company Service via the Company network. Only certain phones and tablet computers are supported Devices. Company will provide you with a list of supported Devices upon your request. Non- Supported Devices may include Devices that do not permit use of an eSIM and/or SIM card. Modems, bypass, gateways, automated relay devices and any other Devices used for commercial or re-direction purposes are not supported Devices and violate our Acceptable Use Policy. Enforceability and Assignment. A waiver of any part of the Agreement in one instance is not a waiver of any other part or any other instance and must be expressly provided in writing. If we do not enforce our rights under any provisions of the Agreement, we may still require strict compliance in the future. If any part of the Agreement is held invalid that part may be severed from the Agreement. You cannot assign the Agreement or any of your rights or duties under it without our written consent. We may assign all or part of the Agreement or your debts to us without notice. The Agreement is the entire agreement between Company and you and defines all of the rights you have with respect to your company Service or company Device, except as provided by law, and you cannot rely on any other documents or statements by any sales or service representatives or other agents. Intellectual Property. You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of Company or any other third party. Except for a limited license to use the Company Service, your purchase of Company Service and Company Devices does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of Company or others related to the Company Service and Company Devices; this intellectual property may be used only with Company Service unless expressly authorized by Company. You agree that a violation of this section harms Company, which cannot be fully redressed by money damages, and that Company shall be entitled to seek immediate injunctive relief in addition to all other remedies available. Privacy Information. Our Privacy Policy governs how we collect and use information related to your use of the Company Service and is available online at nymobile.com/privacy-policy. We may change our Privacy Policy without notice; however, if we change our policy to allow use or disclosure of personal information in a way that, in our sole determination, is materially different from that stated in the policy at the time the data was collected, we will post notice in advance of the change. Data on your Device may automatically be stored on your SIM card and/or eSIM (to the extent either technology may be available to you), Device or our network. Your data may remain on the Device even if your SIM card is removed; the data left on your Device will be accessible to others who use your Device, and may be deleted, altered, or transferred to our or our network supplier’s network servers. To the extent available, if your eSIM is deleted from your phone, you may lose any data contained within the eSIM. Force Majeure. In no event shall Company, its employees, officers, representatives, service providers, suppliers, licensors, and agents be liable for any damages, delay or failure in performance resulting from an act of force majeure, including without limitation, acts of god, natural disasters, communications failure, governmental actions, wars, strikes, labor disputes, riots, shortages of labor or materials, vandalism, terrorism, non-performance of third parties or any other reasons beyond the company’s reasonable control. WARRANTY DISCLAIMER. THE COMPANY SERVICES AND DEVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND TO THE GREATEST EXTENT PERMITTED BY LAW. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES PROVIDED HEREUNDER OR ANY SOFTWARE USED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, AND TO THE EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUALITY, NON-INFRINGEMENT, PERFORMANCE OR ACCURACY. WE EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES. WE DO NOT PROMISE ERROR-FREE OR UNINTERRUPTED SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF. LIMITATIONs OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE RESPONSIBLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH ANY DEVICE AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. WITHOUT LIMITING THE FOREGOING, YOU ALSO AGREE WE ARE NOT LIABLE FOR MISSED OR DELETED VOICEMAILS OR OTHER MESSAGES, FOR ANY INFORMATION (LIKE PICTURES) THAT GET LOST OR DELETED. IN ANY EVENT, TO THE GREATEST EXTENT PERMITTED BY LAW, OUR LIABILITY FOR DAMAGES OR OTHER MONETARY RELIEF FOR ANY CLAIMS YOU MAY HAVE AGAINST US IS STRICTLY LIMITED TO NO MORE THAN THE AMOUNTS ACTUALLY PAID BY YOU TO US FOR THE SERVICE FROM WHICH THE DAMAGES OR OTHER LIABILITY AROSE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN ADDITION, IN ANY EVENT, YOU AND WE EACH ALSO AGREE THAT ALL CLAIMS MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE DATE THE CLAIM ARISES.THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. DEVICES DISCLAIMER. WE DO NOT MANUFACTURE OUR DEVICES. THE ONLY WARRANTIES APPLICABLE TO OUR DEVICES ARE THOSE EXTENDED BY THE MANUFACTURERS. WE HAVE NO LIABILITY, THEREFORE, IN CONNECTION WITH DEVICES OR FOR MANUFACTURERS’ ACTS OR OMISSIONS. PRIVACY DISCLAIMER. WE CANNOT DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE. IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO INTERCEPT YOUR COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR. YOU ARE RESPONSIBLE FOR KEEPING YOUR EMAIL, PASSWORD, AND ALL OTHER ACCOUNT INFORMATION RELATING TO YOUR USE OF COMPANY SERVICE SECURE AT ALL TIMES. INDEMNIFICATION. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD COMPANY HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, CLAIMS, LIABILITIES, COSTS AND EXPENSES (INCLUDING TAXES, FEES, FINES, PENALTIES, INTEREST, EXPENSES OF INVESTIGATION AND ATTORNEYS’ FEES AND DISBURSEMENTS) AS INCURRED, ARISING OUT OF OR RELATING TO USE OF THE SERVICE OR DEVICES, BREACH OF THE AGREEMENT, OR VIOLATION OF ANY LAWS OR REGULATIONS OR THE RIGHTS OF ANY THIRD PARTY BY YOU OR ANY PERSON ON YOUR ACCOUNT OR ANY PERSON YOU ALLOW TO USE YOUR SERVICE OR DEVICE. Disputes Dispute Resolution and Arbitration. YOU AGREE THAT ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OUR SERVICE, MARKETING PRACTICES, DEVICES OR PRODUCTS, WILL BE RESOLVED BY BINDING ARBITRATION (THE “ADR PROCESS”) ON AN INDIVIDUAL, NON-REPRESENTATIVE, BASIS. The obligation to use an ADR Process shall survive the termination of this Agreement. The ADR Process shall be governed by federal law, including the Federal Arbitration Act and federal case law interpreting the Federal Arbitration Act. The exclusive venue for the ADR Process shall be United States District Court for the District of Delaware. The arbitration shall be conducted in accordance with the rules and procedures established by the American Arbitration Association. Pre-arbitration Dispute Resolution. Before initiating any arbitration against the Company, you must first give us an opportunity to resolve your claim informally by contacting the Company and providing a written description and supporting documentation of your claim. You and the Company each agree to negotiate your claim in good faith. If we are unable to resolve the claim within sixty (60) days after the Company receives your claim description and supporting documentation, you may pursue your claim in arbitration. Small claims option. As an alternative to arbitration, you may choose to resolve payment disputes in small claims court in the county of your most recent billing address. The Company and you agree that if you fail to timely pay amounts due, the Company may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by applicable law or the Agreement. Discovery. Notwithstanding anything to the contrary in the Arbitration Rules, to the extent permitted by applicable law, you and the Company agree that discovery shall be limited to one deposition per side and ten requests for production of documents and materials, including any electronically stored information, reasonably tailored to the issues in the case, given the Arbitrator’s discretion to limit the production of electronically stored information or shift the cost to the party seeking the production of electronically stored information, depending on the circumstances presented to the Arbitrator. Notwithstanding the foregoing, the Arbitrator will have discretion, upon a showing of good cause and necessity to ensure a fair hearing on the merits, to expand the limits of discovery to include additional depositions, additional document requests, or expanded to include written interrogatories in lieu of additional depositions. Class Action Waiver. You hereby waive with respect to any dispute: (i) the right to participate in a class action, private attorney general action or other representative action in arbitration or in court, either as a class representative or class member; and (ii) the right to join or consolidate claims with claims of any other person. Jury Trial waiver. To the fullest extent permitted by law, you and the Company agree to waive the right to a jury trial. Governing law. Any dispute shall be governed by the laws of the State of Delaware, excluding its principles governing choice of law. 911/E911. 911 services are provided by state and/or local governmental entities. The Company’s handsets generally are capable of making calls to 911 in the United States. The handset must have battery power and network connectivity to complete a 911 call. Although the Company generally is capable of communicating your phone number and/or location to a public safety answering point (“911 Communications Center”), when making 911 calls, you should provide your contact information and current location. The customer also will need to provide the Company with a service address to be used to route 911 calls to the customer when the Company does not know the customer’s location. Other third-party entities are involved in connecting a 911 call and the Company is not solely responsible for determining which 911 Communications Center your 911 call may be routed to. Communications and Notices. By utilizing the Service, you are consenting to having the Company contact you, without charge, on any wireless telephone number assigned to your account for any purpose, including marketing, and in any other manner permitted by law. You also expressly consent to be contacted by Company or our agents for any purpose, including billing and collection, at any mailing address, telephone number, or any other electronic address where you may be reached. You agree that Company or our agents may contact you in any manner, including pre-recorded artificial voice or an automatic telephone dialing system. You agree to notify us promptly if you can no longer be reached at a contact number you provided us. You represent that you have received the consent of any Authorized Users and other users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your Service and account. Notices to the Company by you under this Agreement shall be provided in writing and sent to: New York Mobile One Word Trade Center, 85th Floor New York, NY 10007 Billing Policies. Your Agreement begins on the day we activate your Service and continues through the day your Service is terminated by you or us pursuant to the terms of this Agreement. If you cancel your Service before the end of your billing cycle, we will not prorate or refund the monthly charges in your final invoice. You will continue to have access to your Services until the end of your billing cycle, unless you transfer the Number for your Service to a different carrier prior to the end of the billing cycle. You are responsible for paying all charges for or resulting from the Services provided under this Agreement, including any activation fees that may apply to each line of Service and any agreed upon termination fees and porting fees. Recurring monthly fees and non-recurring Service charges will be billed on a regular basis. You will receive monthly bills electronically that are due in full. Billing cycle end dates may change from time to time. Payments of all charges, including disputed charges, must be received by the due date shown on the invoice. IF YOU DISPUTE ANY CHARGES ON YOUR BILL, YOU MUST NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE OF YOUR BILL OR YOU WAIVE YOUR RIGHT TO DISPUTE THE BILL AND TO PARTICIPATE IN ANY LEGAL ACTION RAISING SUCH DISPUTE. Fees may include, without limitation, airtime, roaming, recurring monthly charges, activation, administrative, and late payment charges; installment plan payments; Device protection plan payments; operational or regulatory cost recovery fees and other surcharges; optional feature charges; toll, collect call and directory assistance charges; restoral and reactivation charges; any other charges or calls billed to your Number; applicable taxes and governmental fees, whether assessed directly upon you or upon the Company; and fees for complying with government imposed regulatory requirements. If your Device is lost or stolen, you will be responsible for all charges incurred on your Number until you notify us in writing, call Care, report the device lost or stolen in the self-service portal, or terminate your Service with us. If you have an active installment plan for your lost or stolen Device, or associated with your terminated Service, your agreement for that installment plan may trigger acceleration of the remaining installment plan payments. After you terminate Service, you remain responsible for complying with your other obligations under this Agreement, including, but not limited to, payment of your monthly charges in your final invoice, and any remaining installment plan payments for your Device and any porting charges, if applicable. We may require payment by money order, cashier’s check, or a similarly secure form of payment at our discretion. Acceptance of late or partial payments (even if marked “Paid in Full” or other similar notations) will not waive our rights under this Agreement. To determine your primary place of use and which jurisdiction’s taxes and assessments to collect, you are required to provide us with your residential or business street address within our network coverage area. Billing of Services for calls, text messages, data, or other usage, like charges for International Roaming, may occasionally be delayed. Such usage charges may appear in a later billing cycle and, depending upon your plan, will be deducted from your monthly airtime minutes or messaging or data usage allowances for the month when the usage is actually billed, and may result in additional charges for that month. If you subscribe to Service for which usage charges are billed at the end of the billing period, or have a device payment installment agreement, we may investigate your credit history at any time in connection with the Service subscription or Device payment installment agreement. If you'd like the name and address of any credit agency that gives us a credit report about you, just ask. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. We may require you to make deposits or advance payments for Services, which we may offset against any unpaid balance on your account. Interest will not be paid on advance payments or deposits unless required by law. We may require additional advance payments or deposits if we determine that the initial payment was inadequate. We can apply deposits, payments, or prepayments in any order to any amounts you owe us on any account. Deposits are refundable and will be applied as a credit to your account. Based on our determination of your creditworthiness, we may establish a credit limit and restrict the Services or features provided to you. If your account balance goes beyond the credit limit we set for you, we may immediately interrupt or suspend Services until your balance is brought below your credit limit. Any charges you incur in excess of your credit limit become immediately due. If you have more than one account with us, you must keep all accounts in good standing to maintain Services. If one account is past due or over its credit limit, all accounts in your name are subject to interruption or termination and all other available collection remedies. You agree that we may charge, as a part of the rates and charges, and you agree to pay a late payment fee of $5.00, or the highest amount permitted by state law determined by your billing address, for amounts not paid by the due date. Late fees shall be reassessed and added to your payment obligation for each successive billing period until paid, to the extent permissible by law. Late payment fees are liquidated damages, intended to be a reasonable advanced estimate of our costs resulting from late payments and non-payments by our customers; these costs are not readily ascertainable and are difficult to predict or calculate at the time these fees are set. If we accept late or partial payments, you must still pay us the full amount you owe, including late payment fees. In the event you fail to pay billed charges when due and it becomes necessary for us to refer your account(s) to a third party for collection, we will charge you for those collection costs. We will charge you up to $30.00 (depending on applicable law) for any check or other instrument returned unpaid for any reason. You agree to maintain the security of your account by restricting access to your account and not sharing your password with others. If your username and password are compromised, you agree to notify us immediately to protect your account security. We are not liable for any loss(es) incurred as a result of a third party using your username and password. We retain the right to protect the security of our Service and your account by terminating or suspending your account, changing your password, or requesting additional information to authorize transactions on your account, or taking any other reasonable action You may enroll in automatic payments using our available payment methods, and by doing so you authorize us or our agent to charge or place holds on the credit or debit card or financial institution account number you provide to us, without requiring a signed receipt, any additional notice or consent before charges will be applied using that payment method. You certify you are the owner of the payment method and authorize us to store this information and to automatically charge the amount of your monthly bill(s) each month on the date indicated on your monthly bill, and to charge any amounts outstanding if you cancel the Services. You agree that we are not responsible for any insufficient funds or other charges you might incur as a result of any attempts to charge, or place holds on your credit or debit card or to transfer funds. When payment is made by credit or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit or debit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we may charge you an additional fee. Automatic payments will be swept from the account between the 4th and the 6th of every month. Invoices without Automatic Payments will be due on the 15th of every month. Customers will receive invoices and payment reminder messages via email. Late payment fees will be incurred if payments are received after the 15th of the month. Use of Customer Information. In subscribing to this Service, you will provide us with certain information and as a customer we will have access to information concerning the Services you use some of which is defined by the Federal Communications Commission as Customer Proprietary Network Information (“CPNI”). Unless you notify us otherwise in writing, by signing this agreement you are consenting in writing that we may use your CPNI to market to you communications-related services offered by the Company and its affiliates. You may opt-out of this consent at any time in writing. This Agreement and all matters related thereto shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to its conflict of laws principles. This Agreement contains the entire understanding between the Parties and supersedes all previous agreements, if any, between the Parties concerning the same or substantially similar subject matter. This Agreement may be amended, supplemented or otherwise modified only in a writing signed by duly authorized representatives of each Party. This Agreement, and any amendment hereto, may be executed in counterparts, each of which shall be deemed an original and all of which together, shall constitute one and the same document. A signed copy of this Agreement, or any amendment hereto, delivered by facsimile, e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors and permitted assigns. No Party may assign its rights or obligations hereunder without the prior written consent of the other Parties, which consent shall not be unreasonably withheld or delayed. No assignment shall relieve the assigning Party of any of its obligations hereunder. No waiver by any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party so waiving. No waiver by any Party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

International Long Distance Policy

International Long Distance

Introduction This ILD Consumer Agreement ("Agreement") sets forth the terms and conditions that apply to Your purchase of Services from NetworkIP, LLC dba Elite Telecom through Marketing Agent. By using the Services, You agree to the terms and conditions in this Agreement and any changes that may be made to the Agreement. If You do not agree to the terms of this Agreement or have any questions about the Agreement, do not purchase or use our products without contacting Customer Service at (800) NYM-5000. You can find our International Long Distance calling services and rates at nymobile.com/help by searching "International Long Distance" in the FAQ. The list of countries with unlimited minutes and countries with capped minute allotment is also available in addition to the countries and allocation of minutes that can be purchased as an Add On. Definitions "Account" refers to a specific Wireless Telephone Number (MTN) provisioned for a billing cycle, to call a predetermined set of international destinations either purchased or bundled with other services, through a Marketing Agent for a credit limit or unlimited basis, allowing the Consumer to use the Service. “Add-on” refers to an international calling plan purchased by You through Marketing Agents, in addition to Your mobile plan. “Top-up” refers to an international calling plan being purchased by You mid-cycle through Marketing Agents to top-up Your exhausted credit value “Bundled” refers to international calling plans included in the cost of Your Marketing Agents mobile plan. “Capped Minute(s)” refers to calling specific international destinations that have a limited number of minutes available. "Unlimited Minute(s)” refers to calling specific international destinations that have an unlimited number of minutes available, subject to the limitations described in this Agreement. “Elite Telecom," "We," "Our," and "Us" means NetworkIP, LLC (d.b.a. Elite Telecom) “Marketing Agents” means New York Mobile and its affiliates, distributors or retailers authorized to market and/or distribute the Service. “Service” means the International Long Distance (ILD) Service provided by Elite Telecom which provides the Consumer with international calling capability. “Consumer”, "You" and "Your" means the end-user of the Service also the owner of the Account. "Website" is the website found at www.nymobile.com or such other location as designated by Client and contains the specific prices and charges, Service descriptions and other terms and conditions not set forth here that apply to the specific Service. You can also request information about the specific prices and charges, Service descriptions and other terms and conditions not set forth here that apply to the Service by calling toll free at (800) NYM-5000. This Agreement incorporates by reference the Service’s prices, charges, restrictions and the terms and conditions for using the Service and/or owning an Account, as well as any disclosures, provisions, limitations or other information provided with, or printed on any promotional materials associated with the Service. International Calling Features Unlimited and Capped minute Service offerings Add-on, Top-up or included Bundled Service offerings provisioned to Your Account, may include Capped or Unlimited Minutes to specific international destinations. If Your Service offering includes Capped Minute destinations, You will receive monthly credits that will be debited based on the number of minutes You consume to specific destinations. . Your credit for Capped Minute destinations can be consumed calling a single destination or pooled/shared with calls to multiple destinations. For example, if You consume 5 minutes to call Cuba, Your available minutes for additional calls to Pakistan would be reduced. The system will prompt you with the available or remaining minutes that can be consumed on each destination attempted. Please note that Your available credit and minutes are renewed at the start of each billing cycle for Bundled and Add-on Services. All calls for Capped Minute Service offerings are billed in one-minute increments. If Your Service offering includes Unlimited Minutes, it is provided solely for live dialogue between, and initiated by, two individuals for personal use and not for commercial use or resale. UNLIMITED DOES NOT MEAN UNREASONABLE USE. To minimize unreasonable use, each Account with Unlimited Minutes provisioned will be allowed to call up to 20 unique destination numbers per billing cycle which expire 30 days after initial funding or last renewal. The number of personal use calls to these unique destination numbers is not limited and automatically resets when the Your Account is renewed. The Unlimited Minutes destinations being called does not consume any credit values provided with the Service, unless the unique destination number limit is exceeded and Top-up Service is purchased. If Top-up Service is purchased a separate credit value is added and expires 180 days after last use or 30 days after Your Account suspension. This separate credit value is only consumed if Your monthly credit has been exhausted or the limit on unique destination number is exceeded for Unlimited Minutes. There are no additional fees or surcharges associated with the Services. You may review a list of destinations and their respective minute limits here [link]. The terms and conditions of the Service, including the minutes and/or available destinations in conjunction with the use of the Service are subject to change at any time without prior notice. You may contact Customer Care at (800) NYM-5000 if You have any questions about the Services, including the international calling, available minutes or available destinations associated with the Services. Suspending/Canceling the Service If We have reason to believe that You or someone else is abusing the Service fraudulently or unlawfully through Your Account, or if Your form of payment for the Service is cancelled, disabled, discontinued or otherwise dishonored, We reserve the right to immediately suspend, restrict, deactivate or cancel the Service and close Your Account without advance notice. In the event of suspension or cancellation of the Service due to any other aforementioned reasons, Elite Telecom may from time to time discontinue offering the Service, or if necessary, cancel all Accounts, immediately upon a determination by any governmental authority that the provision of the Service is contrary to any law, rule or regulation or upon Your violation of this Consumer Agreement. The Unlimited ILD Service may be used for personal telecommunications voice services and may not be used for any other purposes, including, but not limited to, loaning or renting Your handset to third parties, conference calling, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing, autodialed calls, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between two individuals. If usage, dialing or calling patterns We deem connote non-personal use, We reserve the right to suspend, terminate or restrict Your Services with no prior notice and not allow You to reactivate the Service. Elite Telecom and its Marketing Agent are not responsible for any ancillary costs incurred by You, including but not limited to, cell phone provider charges or fees and/or penalties incurred by the You in the event You use the Service for any unlawful purpose. Restrictions on Use; Intellectual Property All of Elite Telecom and Marketing Agent trademarks, service marks, symbols, logos, other identifying indicia and the intellectual property rights thereto (collectively “Marks”) are the property of Elite Telecom or its Marketing Agent and You shall have no right in or to the Marks or any right to use the Marks including any and all Marks associated with the Service and the Website. You are not permitted to commercially resell the Service or to print, produce, sell or distribute anything containing the Marks or to sell or distribute any telecommunication products that use or are associated with the Service. Indemnification You agree that neither Elite Telecom nor its Marketing Agents shall be responsible for any third party claims against Elite Telecom, Marketing Agent and/or You that arise from Your use of the Service or Your Account. Further, You agree to reimburse Elite Telecom and or Marketing Agent for all costs and expenses related to the defense of any such claims, including attorneys’ fees, unless such claims are based upon Our willful misconduct or gross negligence. This provision will continue to remain in force after the Agreement expires or is otherwise terminated. Limitations of Liability This section describes Elite Telecom’s or its authorized Marketing Agent’s responsibility for any claims for damages You may assert arising out of the failure of the Service or any other claims You may assert in connection with the Service, or in connection with the transfer of funds to Your Account or with this Agreement. We are not liable for any Service failures. Except as otherwise expressly provided herein, We and Our affiliates, authorized distributors, Marketing Agents, partners, directors, officers, members and employees are not liable to You or to any third party for any costs, liabilities or damages arising either directly or indirectly from any cause, action or claim relating to the Service, the Website and/or the telecommunication services underlying the Service, including without limitation any actual, incidental, consequential, exemplary, punitive, reliance or special damages, or for any claims for loss of revenue, lost profits, lost use, data, or goodwill or for lost business opportunities of any kind or nature whatsoever. These limitations apply even if the damages were foreseeable or We were told that they were possible, and these limitations apply whether the claim is based upon contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory. We will not be liable for any damages if the telecommunication services underlying the Service are interrupted, or if there is a problem with the interconnection of the Service with the service, products or equipment of some other party. This section will survive the expiration or termination of the Agreement. Because some jurisdictions do not permit the exclusions or limitation of incidental or consequential damages, Elite Telecom’s liability in such jurisdictions shall be limited to the extent permitted by law. Warranties You acknowledge that (a) the Service is provided by Elite Telecom “AS IS”, and (b) we make no warranty to You or to any third party whatsoever, directly or indirectly, express, implied or statutory, as to the suitability, durability, description, quality, title, non-infringement, merchantability, completeness or fitness for use or purpose of the Service or any Elite Telecom product associated with the Service. All such warranties are hereby expressly excluded and disclaimed. We also make no warranty that the Service will be uninterrupted or error free. We do not authorize anyone, including, but not limited to, Elite Telecom employees or Marketing Agents, to make any warranties on Our behalf and You should not rely on any such statement. Your use of the Service is solely at Your risk. Because some jurisdictions do no permit the exclusion of certain warranties, these exclusions may not apply to You. Miscellaneous Emergency Calls Elite Telecom’s applications and services are not a replacement for Your cellular service and You will not be able to make emergency calls (e.g. 911) using them. If You do attempt to make an emergency call while using Our application or services, the application will close and the call will be attempted using Your phone’s native dialer over any available cellular network. Our services do not prevent You from using Your phone to make emergency calls, however cellular service may not be available everywhere. If You are in a location without cellular service You will need to make other arrangements. Emergency calls are NOT supported outside the domestic USA. No Third Party Rights This Agreement does not provide any third party with a remedy, claim, or right of reimbursement. Acts Beyond Our Control Neither You or Elite Telecom or Marketing Agent will be responsible or liable to the other for any failure to perform duties under this Consumer Agreement where that failure is due to an act outside the reasonable control of You, Elite Telecom, or Marketing Agent (Force Majeure Event), including but not limited to the failure to perform due to any of the following: fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, or acts of regulatory or governmental agencies. Assignment We can assign all or part of Our rights or duties under this Agreement without notifying You. If We elect to make such an assignment, We will have no further obligations to You under this Agreement or in connection with Your purchase or use of the Products. You may not assign this Agreement without Our prior written consent. Notices Any notice from Elite Telecom to You under this Agreement will be provided by one or more of the following: on Our Website, a recorded announcement on a Product, letter, or a call to a telephone number provided by You. You may contact Us by mail at: You may contact Marketing Agent by mail at: Elite Telecom New York Mobile 119 W. Tyler Street One World Trade Center Suite 100 85th Floor Longview, TX 75601 New York, NY 10007 Separability If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable. Governing Law This Agreement will be governed by the laws of the State of Texas, without regard to its choice of law rules. This governing law provision applies no matter where You reside, or where You use, purchase or pay for the Products. Entire Agreement This Agreement (which incorporates by reference the Website Terms of Use) constitutes the entire agreement between You and Elite Telecom and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral. This Agreement can be amended only as provided in the Changes to the Agreement section below. No written or oral statement, advertisement, or service or product description not expressly contained in the Agreement or the Website will be allowed to contradict, explain, or supplement this Agreement or the Service. Neither You or Elite Telecom is relying on any representations or statements by the other party or any other person that is not included in this Agreement. Changes to the Agreement This Agreement may only be changed in the manner provided for in this section. Elite Telecom through its Marketing Agent may change this Agreement and the information contained elsewhere on the Website from time to time. All such changes will be effective at the time of posting on the Website. You may also request a copy of the revised Agreement by calling Customer Service toll free at (800) NYM-5000. Revised: January 20, 2023 For an updated list of Unlimited Calling Countries, Countries with Capped Minutes and the allocation of minutes that can be purchased in our $5, $10, and $20 Top Up, please see our International Long Distance FAQ's at www.nymobile.com/help. New York Mobile's International Long Distance Service is provided by Elite Telecom.