Assurance Wireless

Important Service/Product Specific Terms

Effective: March 29, 2023

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.

Bring Your Own Device Requirements: If you bring your own device to Lifeline, you must attest that the Device meets the minimal requirements. Even if you bring your own Device, your use of the Lifeline Services will be subject to our Terms and Conditions. For additional information on the Bring Your Own Phone program, including information on your phone’s compatibility, please visit assurancewireless.com/byod Compatibility confirmation is not confirmation of your eligibility for the Lifeline program.

Effective until 1/5/2025

Using Assurance Wireless Services After Termination of Free Lifeline and/or ACP Services: If you are no longer eligible for ACP, or if the ACP program terminates, you will be moved to Lifeline service if you are eligible and enrolled. If you were placed on the Pay-As-You-Go service beginning October 23, 2022, you may 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 Lifeline and/or ACP service, after which time 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-as-you-go customer, you must add sufficient funds to your account on a timely basis. The duration of time your pay-as-you-go account will remain active will depend on the amount you deposit while the account is active.

Your account will remain 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 October 22, 2022:

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

As of 1/6/2025, the days on Pay-As-You-Go Service after termination of Lifeline service are changing from 125 days to 60 days.

See new term below:

Using Assurance Wireless Services After Termination of Free Lifeline and/or ACP Services: If you are no longer eligible for ACP, or if the ACP program terminates, you will be moved to Lifeline service if you are eligible and enrolled. If you were placed on the Pay-As-You-Go service beginning October 23, 2022, you may continue to use our service on a pay-as-you-go basis. You will have 60 days to add funds to your account after the termination of your Lifeline and/or ACP service, after which time 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. Your pay-as-you-go account will remain active if you deposit funds into your account while the account is active.

If you deposit between $10-10.99 your account remains active for 45 days, deposit $20-$79.99, account is active for 90 days, or deposit $80, for 365 days of active service. 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.

To view the terms, visit https://www.assurancewireless.com/legal/terms-and-conditions

Florida Customers: Florida customers who were placed on Pay-As-You-Go 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 time 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 to eligible customers by our phone vendors, American Network Solutions or Enidus USA, 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. For more information on devices, warranties, and vendor policies, such as device return policies, please contact us and we will connect you with the provider of your device. Local phone numbers may not be available in certain markets. You can request to change your mobile phone number up to three times each year.

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: For unresolved questions or complaints, you may contact the state commission in your state: Customers may contact the Kansas Corporation Commission, Office of Public Affairs and Consumer Protection with any concerns, at address 1500 SW Arrowhead Road, Topeka, KS 66604, through email: kcc.public.affairs@ks.gov or call toll-free 1-(800)-662-0027 or in Topeka (785)-271-3140. Hearing or speech impaired TTY 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)

[California customers: see "California Rates" ]:

Free Talk, Text & Data: Unlimited voice minutes, unlimited text messages and 10GB of data effective 8/28/2025. Only available to customers with smartphones (not feature phones).

Data Peace of Mind: Unlimited voice minutes, unlimited text messages, 15GB of High-Speed Data effective 8/28/2025. Available for $10 upfront cost or $1 monthly cost for up to one year of service.

International Offer Terms: 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.

Tribal Lands Lifeline available in all states except California and Texas where Assurance Wireless has received approval to offer this plan:

Individuals residing on Tribal Lands may be eligible for enhanced Lifeline benefits.

For purposes of the Lifeline program, “Tribal Lands” include any federally recognized Indian tribe’s reservation, pueblo, or colony; former reservations in Oklahoma; Alaska Native regions established under the Alaska Native Claims Settlement Act (85 Stat. 688); Indian allotments; and Hawaiian Home Lands, which are areas held in trust for Native Hawaiians by the State of Hawaii pursuant to the Hawaiian Homes Commission Act of 1920 (42 Stat. 108, as amended). The definition also encompasses any additional lands designated as Tribal Lands by the Federal Communications Commission, in accordance with the designation process set forth in 47 CFR § 54.412.

Tribal Lands Lifeline: Unlimited voice minutes, unlimited text messages and up to 12GB of data effective 8/28/2025. Available only to eligible residents of federally recognized Tribal Lands in states where Assurance Wireless is authorized to offer this plan.

Tribal Lands Data Peace of Mind available in all states except California and Texas:

Tribal Lands Data Peace of Mind: Unlimited voice minutes, unlimited text messages and 18GB High-Speed data (after 18GB, speeds are reduced to 600kbps) effective 8/28/2025. Available for $10 upfront cost or $1 monthly cost for up to one year of service. Available only to eligible residents of federally recognized Tribal Lands in states where Assurance Wireless is authorized to offer this plan.

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 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 8/28/2025

California Lifeline FREE: unlimited voice Minutes, unlimited text messages and 12GB 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 are 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 the 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.

Customers who have been re-instated 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.

Assurance Wireless

Terms and Conditions

Effective September 1, 2026

Prior Version

Thanks for choosing Assurance Wireless! Please use this page as a reference for questions about the Assurance Wireless service(s). Assurance Wireless offers service to customers eligible for the Lifeline Assistance Program ("Lifeline Assistance" or "Lifeline"). Lifeline is a government benefit program supported by the federal Universal Service Fund and certain state subsidy programs. These Terms & Conditions, as updated from time to time ("T&C's"), contain important information about your relationship with us, including requiring individual mandatory binding arbitration of disputes, instead of class actions or jury trials.

Accepting these T&Cs means you also acknowledge receiving our Privacy Notice. Our Privacy Notice describes the personal data we collect, how we use and share data, and your data choices. Our Privacy Dashboard provides tools to manage your privacy choices and learn more about what data we collect about you. Our Privacy Notices and Privacy Dashboard are available at www.T-Mobile.com/privacy.

GENERAL INFORMATION

WHAT ARE THE TERMS THAT APPLY TO ME?

Your "Agreement" with us includes the following:

• These T&C's;
• The Assurance Wireless application;
• Additional terms and conditions found in your Rate Plan, Data Plan, and/or Products;
• Your acknowledgement of receiving our Privacy Notice, as described above;
• Our Net Neutrality Policy, as amended from time to time, further described in the "Using our Network" section; and
• Our other policies, as amended from time to time, linked in these T&Cs, available on https://www.assurancewireless.com/ or our account management websites, and/or as otherwise provided to you.

Any section marked "*", and any other provision which by their nature would be expected to survive, continue after termination of our Agreement with you.

These T&Cs replace and control over any previous versions. The dispute resolution provision in these T&Cs, including its Class and Mass Action Waiver and Jury Trial Waiver, controls over the dispute resolution provisions in any other contract or agreement if there is a conflict.

WHO ARE THESE T&CS WITH?

These T&Cs are between you, on behalf of yourself, and any person you allow to use the Services, Product, or Device ("you") and T-Mobile, USA, Inc., and our controlled subsidiaries, assignees, and agents.

HOW DO I ACCEPT THESE T&Cs?

You accept 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, or paying for a Service, Product, or Device;
• Opening a Device box.

If you don't want to accept these T&C's, don't do any of these things.

By accepting these T&Cs, you agree to be bound to the Agreement. When you accept, you're telling us that you are of legal age (you are either legally emancipated or have reached the age of majority in your jurisdiction) and that you are able to enter into a contract.

WHAT IS INCLUDED IN THESE T&CS?

In these T&Cs, you'll find important information about:

• Our services provided to you ("Services");
• Any equipment for which we provide Services or which we provide to you to be used with our Service, such as a phone, handset, tablet, or accessory (each, a "Device");
• Any feature, product, or solution, including any international add-ons, that we provide to you in connection with the Services (each, a "Product");
• Any charges, taxes, fees, and other amounts we charge you or that were accepted or processed through your Device ("Charges");
• Network management practices;
• Limitations of liability;
• Resolution of disputes by individual arbitration and class action; and
• Jury trial waivers.

*AM I CONSENTING TO BE CONTACTED?

Yes. We may contact you on any telephone number provided to us by you for any purpose, including Service-related purposes, marketing. You expressly consent to be contacted by us for any purpose, including billing and collection, at any mailing address, telephone number, email address, or any other electronic address where you may be reached. You agree that we may contact you in any manner, including through the Services to which you subscribe, your Device, or through other means, including text message, email, fax, pre-recorded artificial voice or an automatic telephone dialing system, mobile, residential or business phone, or mail. You represent that all users on your account have consented to be contacted by us as described in this section. You agree that all consents provided in this section will survive cancellation of your Services and account.

HOW DO WE NOTIFY EACH OTHER?

You can contact us at www.assurancewireless.com/help-center/contact, by calling 1-888-321-5880, or by writing to: T-Mobile Customer Relations, P.O. Box 3780, Albuquerque, NM 87176-7380. We may deliver notices to you by mail, phone, email, push notifications, chat, or other electronic means using your account information in our records. You agree to notify us promptly if you can no longer be reached at a provided contact number or address. Electronic notices are considered delivered when sent. Mail notices are considered delivered three (3) days after mailing.

To begin arbitration or any other legal proceeding, you must serve our registered agent, Corporation Service Company, which can be contacted at 1-844-597-5745.

WHERE IS ASSURANCE WIRELESS AVAILABLE?

Assurance Wireless is only available for customers who live in the areas in which Assurance Wireless has been designated as an Eligible Telecommunications Carrier ("ETC") by an authorized government entity. Your principal residence address must be within an Assurance Wireless ETC service area.

WHO IS ELIGIBLE FOR ASSURANCE WIRELESS?

Assurance Wireless participates in the federal Lifeline program and certain state programs, which are government assistance programs available only to eligible consumers. Eligibility criteria are set by the government programs and eligibility decisions are made by government administrators.

Anyone who knowingly provides false information to obtain program benefits may be subject to penalties under applicable law, including fines, imprisonment, or removal from the program. To be eligible for Assurance Wireless service, you must complete an application, provide documentation showing that you meet the eligibility requirements, and certify that you either currently participate in a qualifying federal or state assistance program or meet applicable income requirements. For additional information regarding eligibility requirements, please visit our website at https://www.assurancewireless.com/lifeline-services/how-qualify.

From time to time, you may be required to provide proof of your continued participation in a qualifying program. This may include a program identification card or other documentation from a government or social service agency showing your current eligibility.

Annual Recertification

Federal and state rules require Lifeline customers to confirm their eligibility at least once each year. To continue receiving Lifeline benefits, you must complete annual recertification. If, during recertification or at any other time, we are notified that you no longer qualify for Lifeline benefits, you will be de-enrolled from the program, and your Lifeline rate plan will end.

Your Responsibilities

If you no longer meet the eligibility requirements, you must notify us within thirty (30) days.

Eligibility for Assurance Wireless is personal to you and, if applicable, your household. Lifeline benefits may not be transferred, shared, or used by anyone else. This includes voice minutes, data, or any other service benefits.

If you lose eligibility for your current rate plan, or if a rate plan is no longer available, we may move you to another rate plan for which you are eligible.

*WHAT IF I CONTINUE TO USE THE SERVICES WHEN I AM NO LONGER ELIGIBLE OR IF THE LIFELINE PROGRAM ENDS?

If you are no longer eligible for or de-enrolled from the Lifeline program, or the Lifeline program is ended, and you remain on our network, you will be moved to a Pay-As-You-Go ("Pay Go") prepaid service and you will be charged Assurance Wireless Pay Go rates plus applicable taxes and fees. You will have sixty (60) days after termination of your eligibility or the program, as applicable, to add Service to your account. After this 60-day period, any unused service balance and your phone number will be lost, and your account will be closed. If you sign up to use our Pay Go Service after the 60-day period, you must add sufficient funds to your account on a timely basis while your account is active.

HOW MANY LIFELINE ACCOUNTS CAN I HAVE?

An eligible household may receive only one Lifeline discounted service (landline or wireless). A household is defined, for purposes of the Lifeline program, 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 Lifeline and potential prosecution by the United States Government.

CAN ASSURANCE WIRELESS CHANGE, LIMIT, SUSPEND OR TERMINATE MY SERVICES OR THE AGREEMENT?

Yes. Except as described below, we may change, limit, suspend, or terminate your Services or the Agreement at any time, including if you engage in any of the prohibited uses described in the Agreement, no longer reside in an Assurance Wireless network coverage area, engage in theft or unlawful, harassing, threatening, abusive, or offensive behavior, or are no longer eligible for Lifeline benefits. We also reserve the right to deny service for any of the reasons above.

If your Services, Product, or account is limited, suspended, or terminated, and then reinstated, you may be charged a reconnection fee. Your account may still incur Charges during Services suspension, and you are responsible for any incurred Charges. Under certain limited circumstances, we may also block your Device from working on our network.

If a change to the terms of your Services, Product, or Rate Plan will have a material adverse effect on you, we will provide at least fourteen (14) days' notice of the change. Your continued use or payment for your Services or Product after the effective date of the change means you have accepted the changes. We may prohibit 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. 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.

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

An 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.

*WHAT HAPPENS IF I CANCEL MY SERVICES?

If you want to cancel your Service with us, you are free to go, although we'd be sad to see you leave. To cancel, please contact us and we will de-enroll you within two (2) business days of your request. If your 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 your service.

WHAT SHOULD I KNOW ABOUT ACCOUNT ACCESS?

You can protect your account information by establishing a personal identification number ("PIN"). You can also set backup security questions and answer in the event you forget your PIN. Keep in mind you should not share, and you should take steps to protect, sensitive information such as your PIN, passwords, and other account access credentials. If you share your account credentials with someone, they will have the same access to your account as you do, including the ability to make changes and incur charges, and you remain responsible for their actions. We will treat presentation of the proper account credentials as authorized access to an account.

CAN I DOWNLOAD AND USE SOFTWARE AND THIRD-PARTY SERVICES AND PRODUCTS ON MY DEVICE?

Yes. You may download and use software, interfaces, documentation, data (collectively, "Software"), and content, applications, and other services or products, including voice applications, that are not provided by Assurance Wireless (collectively, "Third-Party Services and Products") on your Device. Those Third-Party Services and Products may work differently than services and products offered by us, or may not work at all, and you use them at your own risk. Third-Party Services and Products may require your agreement to a license or other terms with the third party. Some Third-Party Services and Products may contact our network through your Device without your knowledge, which may result in additional Charges (e.g., while roaming internationally).

Your download or use of Software, or Third-party Services and Products, may cause certain calling or messaging functionality, including 911, E911, and text to 911, to work differently than services offered by us, or to not work at all. Please review all terms and conditions before using Third-Party Services and Products because 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. See the "911 and Emergency Information" section for additional details related to 911 calls and texts.

We are not responsible for any issues related to downloading, installing, using, or accessing content and applications or Third-Party Services and Products, even if Charges for these appear on your account. You are responsible for maintaining virus and other Internet security protections when accessing Third-Party Services and Products.

INFORMATION ABOUT YOUR DEVICE

WHAT SHOULD I KNOW ABOUT MY DEVICE?

We may remotely install or change Software, systems, applications, features, or programming on your Device without notice upon activation or at other times. These changes may impact how you use your Device and could affect or erase stored data. You will not be able to use your Device when installing changes, even for emergencies.

A device that works on one carrier's network may not be technologically compatible with another carrier's network. If you are switching service providers and wish to use your device with another wireless carrier, visit our Unlocking Policy at https://www.assurancewireless.com/help-center/our-plans-and-phones/our-phones/how-do-i-unlock-my-phone.

Your Device may contain sensitive or personal data. We are not responsible for any information on your Device. At all times, you should remove or otherwise safeguard any sensitive or personal data when your Device is out of your possession or control including, but not limited to, when you relinquish, exchange, return, or recycle your Device. You agree that our employees, contractors, and vendors may access all information when you provide your Device to us.

We don't manufacture any Device that you use with our Service(s), including the Devices we sell or provide. 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. Visit https://www.assurancewireless.com/legal/ctia-regulatory.

*DO I OWN THE DEVICE SOFTWARE?

No. Your Device's Products and Software, which includes Third-Party Services and Products, as each may be updated, modified, or enhanced, is licensed, not sold, to you by us, our licensors, and third parties. You may only use the Products and Software as authorized by the applicable license. Each license is limited to you for your personal, lawful, non-commercial use on your Device only.

Except as permitted by applicable law, you may not assign, transfer (including to another Device), sublicense, copy, reproduce, redistribute, resell, modify, decompile, attempt to derive the source code of, or reverse engineer all or any part of the Products or Software, or alter, disable, or circumvent any digital rights management security features embedded in the Services, Products, Software, and Third-Party Services and Products. You agree that the Services, Products, Software, and Third-Party Services and Products contain 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 Services, Products, Software, and Third-Party Services and Products at any time without notice and will have no liability for doing so. You agree that your violation of a 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.

*WHAT IF MY DEVICE IS LOST OR STOLEN?

Contact us immediately if your Device is lost or stolen because you may be responsible for additional Charges incurred over your Rate Plan, before you notify us. You are not liable for Charges you did not authorize, however, the fact that your Device or account was used is evidence of authorization. You agree to cooperate with us and provide information if we investigate any unauthorized Charges. We will credit your account for charges we determine are unauthorized. If we determine the Charges were authorized, we will inform you within thirty (30) days, and you will remain responsible for the Charges. We may prevent a lost or stolen Device from registering on our and other networks.

WHAT FACTORS MAY AFFECT MY SERVICE?

Outages and interruptions in Service may occur, and speed of Service varies. Your actual Service area, network availability, coverage, and quality may vary based on several factors, including your selected service, network capacity, terrain, weather, if you are on a private or public Wi-Fi network, or if you are using either a non-Assurance Wireless device or an incompatible device. Devices also have varying speed capabilities and may connect to different networks depending on technology. Please check our coverage maps, which approximate our anticipated coverage area outdoors. Even within coverage areas with broadband-capable devices, network changes, traffic volume, outages, technical limitations, signal strength, obstructions, weather, public safety needs, and other conditions may impact speeds and service availability. You agree that we are not liable for problems relating to Service availability or quality.

Our Services are subject to network management practices aimed at optimizing network experience and allowing customers to choose the type of service that best fits their needs. We may use data prioritization and video optimization to manage data usage on the network to reduce the risk of significant service impacts. This may result in noticeable changes to your experience, especially during times of congestion. The network management practices for your Service can be found in your Rate Plan and our Net Neutrality policy, located at https://www.assurancewireless.com/legal/net-neutrality. These practices may change at any time without notice to protect our network, manage network performance, and meet customer needs.

*CAN I ROAM ON MY DEVICE?

No. Our rate plans are not eligible for roaming on another provider's network ("Off-Net"). Our rate plans, Devices, Services, and features are intended for reasonable use within the 50 United States, U.S. Virgin Islands, and Puerto Rico.

*WHAT ABOUT USING DATA SERVICES?

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. Our data Services and your Device may allow you to access the internet, email, text, and take pictures and videos, download pictures, games, video, music, graphics, sound, applications and other materials, and play games (collectively, "Content"). Additionally, 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.). There are limits to the amount of your data allotment with your Lifeline Rate Plan. If you need additional data, you must purchase it.

Data use 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. You will be charged for text, instant or picture messages, and email whether read or unread, sent or received, solicited or unsolicited. 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.

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 harm your Device or its software. We are not responsible for any Content or damage caused by Content 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 Rate 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.

*WHAT ARE THE PROHIBITED USES FOR MY DEVICES, PRODUCTS, AND SERVICES?

Our wireless network is a shared resource, which we manage for the benefit of all our customers.

Unless explicitly permitted by your Rate Plan or Data Plan, you will not use or allow third parties to use your Services, Products, or Devices in a way that we determine:

• Uses a repeater or signal booster other than one we provide to you;
• Compromises network security or capacity, degrades network performance, uses malicious software or "malware", hinders other customers' access to the network, or otherwise adversely impacts network service levels or legitimate data flows;
• Uses applications that automatically consume unreasonable amounts of available network capacity;
• Uses applications which are designed for unattended use, automatic data feeds, automated machine-to-machine connections, or applications that are used in a way that degrades network capacity or functionality;
• Misuses the Services, including "spamming" or sending abusive, unsolicited, or mass automated communications;
• Accesses the accounts, devices, products, equipment, data, or servers of others without authority, or employs password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, port scanning, or Trojan Horse programs;
• Results in more than 50% of your voice or data usage being Off-Net for any two (2) billing cycles within any twelve (12)-month period;
• Results in unusually high usage (meeting the definition of a heavy data user for your Rate Plan);
• Results in the majority of your data usage being Smartphone Mobile HotSpot (tethering) usage for any three (3) billing cycles within any 6-month period;
• Uses a fixed wireless device (provided for use in a fixed location) at a location or address other than the one provided at activation;
• Resells the Service, either alone or as part of any other good or service;
• Tampers with, reprograms, alters, or otherwise modifies your Device to circumvent any of our policies or violate anyone's intellectual property rights;
• Uses the Service to distribute any malware, spyware or other harmful content, engage in denial-of-service attacks, or to attempt to harvest email addresses or personal information of others;
• Causes harm or adversely affects us, the network, our customers, employees, business, or any other person;
• Uses the Service for any fraudulent, malicious or unlawful purpose;
• Conflicts with applicable law;
• Is not in accordance or violates the Agreement; or
• Attempts, assists, or facilitates anyone else in any of the above activities.

If you use your Services, Products, or Devices in any of the above ways, we may suspend or terminate your account and Service at any time. Failure to suspend or terminate your account or Service is not a waiver of those rights.

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

Free Lifeline Rate Plans: There is no payment required. Your services are limited to those included in your rate plan, including data limits and features.

Paid Rate Plans and Paid Services: For paid Rate Plans and Services, you agree to pay all Charges in advance of 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 and/or Products on your account. The dates of 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 any changes within thirty (30) days of the change.

• Off-Rate Plan Charges: Unlimited talk is for direct communications between two (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.).
• Fees: We may charge activation, connection, prepayment, reactivation, program, payment convenience, or other fees to establish, connect, change, or maintain Services. Certain transactions may also be subject to a charge (for example, convenience payment, changing phone numbers, handset upgrades, etc.). We will notify you if any of these fees apply to your requested transaction.
• Governmental Taxes. You agree to pay all taxes and fees imposed by governmental entities and required to be collected by Assurance Wireless.

Autopay: 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 or bank account. 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 FOR TOP-UP CARDS AVAILABLE?

No. We are not responsible for, and we do not refund, lost, stolen, misused, or damaged Top-Up cards. We do not accept returns of or provide refunds for Top-Up cards. Top-Up cards 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.

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 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 that you allow another person to use, you agree to inform any such person 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 E911 Registered Address. Please see "911 ACCESS" for more information.

ARE THERE LIMITS TO 911 ACCESS?

YES. 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 state and local government. If you are outside the U.S., you may have to dial a different number than 911 to call emergency services. Our handsets are capable of making 911 calls 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. In some cases, 911 communications center operators may not know your phone number or have information about your current location so you should be prepared to provide this information. Because a number of factors can impact a 911 operators' ability to locate you – including the providers' cell signal, your specific device, third party call routing, local topography, operator equipment, etc. – we cannot assure you that your location will be automatically sent when calling 911 or that you will be connected to the nearest public safety agency. If you are porting a phone number to or from us, we may not be able to provide you with some Services, such as 911 location services, while the port is in process.

WHAT OTHER MEANS OF CONTACTING 911 DO I HAVE AS AN ASSURANCE WIRELESS CUSTOMER?

Text-to-911: Text-to-911 service may be available in some locations depending on the local 911 communications center's ability to receive text messages.

TTY and RTT 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.

VOIP: Some of our voice services, like Wi-Fi calling, utilize Voice over Internet Protocol ("VoIP") technology. Before using these services, you must provide us with the primary street address at which the VoIP service will be used ("Your E911 Registered Address"). If you call 911 using these services, we may transmit Your E911 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 your VoIP or Wi-Fi Calling service at a different location. You can update your E911 Registered Address by contacting Customer Care at 888-321-5880. If you use a VoIP service to call 911 from a location other than Your E911 Registered Address, you must provide the 911 operator with your location and phone number when placing a call.

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, including:

• If used in a location other than at Your E911 Registered Address;
• If there is a problem with the Wi-Fi or broadband network utilized, like network congestion, power failure, technical problems, or during system updates or upgrades; and
• If you use a non-native telephone number;
• If you have lost electrical power.

Whenever possible, use cellular connection to make any 911 calls.

*ARE THERE ANY WARRANTIES?

Generally, no. Except for any written warranty that may be provided with a Device you purchase from us, and to the extent permitted by law, the Services, Products, 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, such as for security or authentication purposes, about your Services, Products or Devices. While we strive to protect customer accounts, we do not guarantee security. You accept responsibility if you use your Services or Product 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. 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. This doesn't deprive you of any warranty rights you may have against anyone else.

*ARE THERE LIMITATIONS ON LIABILITY?

Yes. TO THE EXTENT PERMITTED BY LAW, YOU AND WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES, OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT AND ACTUAL DAMAGES REGARDLESS OF THE THEORY OF LIABILITY. THIS MEANS THAT NEITHER OF US WILL SEEK ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. ADDITIONALLY, WE ARE NOT LIABLE FOR DAMAGES ARISING OUT OF UNAUTHORIZED ACCESS OR CHANGES TO YOUR ACCOUNT, SERVICES, PRODUCTS, OR DEVICES, OR THE USE OF YOUR ACCOUNT, SERVICES, PRODUCTS,OR DEVICES BY YOU OR BY OTHERS TO AUTHENTICATE, ACCESS, USE, OR MAKE CHANGES TO ANY THIRD PARTY ACCOUNTS, INCLUDING FINANCIAL, CRYPTOCURRENCY, AND 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 OTHER EVENT OUTSIDE OUR REASONABLE CONTROL, OR BY ANY UNLAWFUL ACTIVITY BY SOMEONE UNRELATED TO US. YOU ALSO AGREE WE AREN'T LIABLE FOR MISSED OR DELETED VOICEMAILS, TEXT, OR OTHER MESSAGES, FOR ANY INFORMATION (INCLUDING PICTURES) THAT GETS LOST OR DELETED IF WE WORK ON YOUR DEVICE OR FOR FAILURE OR DELAY IN CONNECTING A CALL OR TEXTS TO 911 OR ANY OTHER EMERGENCY SERVICE. TO THE EXTENT PERMITTED BY LAW, YOU AND WE EACH ALSO AGREE THAT ALL CLAIMS MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE DATE THE CLAIM ARISES.

We and any third party providing Services are not responsible for any damage, delay, interruption, or other failures 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; (b) traffic or other accidents, or any health-related claims relating to our Services, Products, or Devices; (c) an interruption, delay, or failure in accessing or attempting to access emergency services from a Device; (d) interrupted, delayed, 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) anything beyond our control, including acts of God, riot, strike, pandemic, epidemic, war, terrorism, or government orders or acts.

Services, Products, and Devices are not represented as fail-safe and are not designed for use in situations where error-free or uninterrupted Services is essential. You expressly assume the risk of any damages from high-risk activities involving vital communications in which an error or interruption in the Services could lead to material injury to business, persons, property, or the environment.

WE ARE NOT PUBLISHERS OF THIRD-PARTY INFORMATION, APPLICATIONS, SERVICES, OR OTHER CONTENT, AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY OPINIONS, ADVICE, STATEMENTS, INFORMATION, SERVICES, OR GOODS PROVIDED BY THIRD PARTIES. See "Can I download and use Software and Third-Party Services and Products on my Device?" for additional information.

AM I REQUIRED TO INDEMNIFY ASSURANCE WIRELESS?

YES. 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, PRODUCTS, OR DEVICES, BREACH OF THE AGREEMENT, OR VIOLATION OF ANY LAWS OR REGULATIONS OR THE RIGHTS OF ANY THIRD PARTY BY YOU, ANY PERSON ON YOUR ACCOUNT, OR ANY PERSON YOU ALLOW TO USE THE SERVICES, PRODUCTS, OR YOUR DEVICE.

*DISPUTE RESOLUTION

*HOW DO I RESOLVE DISPUTES WITH ASSURANCE WIRELESS?

By accepting these T&Cs, you are agreeing to resolve any dispute with us through individual binding arbitration or small claims dispute procedures, and to waive your rights to a jury trial and to participate in any class action suit. See the "How can I dispute my charges?" section for details on the dispute process.

Individualized Dispute Resolution and Arbitration. YOU AND WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ALL CLAIMS AND DISPUTES BETWEEN YOU AND ASSURANCE WIRELESS WILL BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION OR IN SMALL CLAIMS COURT. THIS INCLUDES, BUT IS NOT LIMITED TO, CLAIMS AND DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OUR PRIVACY NOTICE, PRIVACY OR DATA SECURITY PRACTICES, OUR SERVICES, DEVICES OR PRODUCTS, AND CHARGES. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND RELEVANT SUBSTANTIVE LAW, MUST ENFORCE APPLICABLE STATUTES OF LIMITATION, DEFENSES, AND PRIVILEGES, AND CAN AWARD, ON AN INDIVIDUAL BASIS, THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS' FEES).

This includes any claims against other parties relating to Services, Products, or Devices provided or charged to you (such as our suppliers, dealers, authorized retailers, or third-party vendors) whenever you also assert claims against us in the same proceeding. 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 below).

For all disputes or claims you have, you must first give us an opportunity to resolve your claim by sending a written description of your claim ("Notice of Dispute") to the address provided in the "How Do We Notify Each Other" section. 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) account number; (c) the mobile telephone number at issue; (d) a written description of the problem, 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. You may be represented by an attorney or other person in that process. However, if you choose to do so, you must also submit a signed written authorization with your Notice of Dispute that allows us to discuss your account with your attorney or other representative. Similarly, if we have any dispute with you, we will send a Notice of Dispute to your address. You and we each agree to negotiate any claim(s) between us in good faith. You and we each agree that neither of us may commence any arbitration or court proceeding unless you and we are unable to resolve the claim(s) within sixty (60) days after receipt of the Notice of Dispute, provided the party who sent the Notice of Dispute has made a good faith effort to resolve the claim during that time.

If we are unable to resolve any claims within 60 days despite those good faith efforts, then either you or we may start arbitration or small claims court proceedings. To begin arbitration, you must send a letter requesting arbitration and describing your claim to our registered agent (see the "How Do We Notify Each Other" section) and to the American Arbitration Association ("AAA"). The arbitration of all disputes will be administered by the AAA under its Consumer Arbitration Rules in effect at the time the arbitration is commenced, except to the extent any of those rules conflict with these T&Cs, in which case these T&Cs will govern. The AAA rules are available at www.adr.org.

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. Any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding will remain closed unless and until the small claims court issues a decision that the claim should proceed in arbitration.

The arbitration of all disputes will be conducted by a single arbitrator selected using the following procedure: (a) the AAA will send the parties a list of five candidates; (b) if the parties cannot agree on an arbitrator from that list, each party shall return its list to the AAA within ten (10) days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. All arbitrators appointed pursuant to this process are subject to the disclosure and disqualification procedures set forth in the AAA rules and any applicable state laws or rules.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA rules. If you initiate an arbitration, you are required to pay AAA's initial filing fee, but we will reimburse you for the difference between that fee and the fee for filing a complaint in a federal or state court in your county (or parish) of residence, if any, when the arbitration ends. However, if the arbitrator finds that either the substance of your claim or the relief sought was frivolous, or that your claim was brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then we will not reimburse your initial filing fee and may seek an award of our legal fees or costs against you and/or your counsel. These T&Cs authorizes the arbitrator to award fees or other sanctions against your counsel.

Any facts, evidence, documents, or testimony introduced or produced in an arbitration proceeding may be used only in that proceeding and may not be disclosed, introduced, or used in another arbitration proceeding even if it involves the same or similar claims. We each also agree that the arbitrator will not be bound by rulings in any prior arbitrations not involving the same parties, even if they involved the same or similar claims.

The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. If you seek injunctive or declaratory relief, you agree that the arbitrator may award injunctive or declaratory relief in favor of you alone, and only to the extent necessary to resolve your individual claim.

The arbitrator will have the power to rule on their own jurisdiction, including any issues concerning the existence, validity, or scope of either the Agreement or the arbitration clause, and whether any claim is subject to arbitration. Notwithstanding the foregoing, (1) any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator; and (2) a court will have the authority to determine whether the parties have complied with the informal dispute resolution procedures set out in these T&Cs and whether any claim you or we have filed in arbitration or in court is inconsistent with the Class and Mass Action Waiver included in these T&Cs.

Class and Mass 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 (THE "CLASS AND MASS ACTION WAIVER").

In any action between you and us, if a court or an arbitrator determines that any part of this arbitration provision or Class and Mass Action Waiver is unenforceable with respect to any claim, remedy, or request for relief, then the arbitration provision and Class and Mass Action Waiver will not apply to that claim, remedy, or request for relief. But the arbitration provision and Class and Mass Action Waiver will still apply to all other claims, remedies, and requests for relief that you or we may assert in that or any other action. In any such case, you and we agree that we will arbitrate all claims, remedies, and requests for relief subject to individual arbitration first, and that any remaining unresolved claims, remedies, or requests for relief may be pursued in court only after the arbitrator's award has been issued. In any such proceeding, the arbitrator's factual findings will not be entitled to deference by the court.

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.

*WHAT LAW APPLIES TO THESE T&C's?

The Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state or jurisdiction which your billing address in our records is located, without regard to the conflicts of law rules of that state. Foreign laws do not apply. Arbitration or court proceedings must be in the county and state or jurisdiction in which your billing address in our records is located, but not outside the U.S. or Puerto Rico.

*ANYTHING ELSE?

Yes! Here are some additional terms that apply:

ENFORCEMENT OF OUR RIGHTS. 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.

HEADINGS. The division of these T&Cs into sections, and the insertion of headings, are for convenience of reference only and will not affect the construction or interpretation of these T&Cs.

SEVERANCE. If any part of the Agreement is held invalid that part may be severed from the Agreement to the extent permitted under applicable law, and the remainder of the Agreement will remain in full force and effect.

THIRD PARTIES. This Agreement isn't for the benefit of any third party except our parent companies, affiliates, subsidiaries, agents, and predecessors and successors in interest.

ASSIGNMENT. 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.

ENTIRE 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 to modify the terms of the Agreement.

ENGLISH VERSION CONTROLS. 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.

DMCA NOTICE. Our DMCA notice procedure is described at https://www.assurancewireless.com/legal/copyright-notice (https://es.t-mobile.com/responsibility/legal/copyright for our Spanish website). Our Designated Agent is Copyright Agent, 12920 S.E. 38th Street, Bellevue, WA 98006; copyrightagent@t-mobile.com; phone: 425-383-4000. There are substantial penalties for sending false notices. It is our policy, in appropriate circumstances and in our sole judgment, to limit, suspend or terminate the Service of any subscriber, account holder, or user who is deemed to be a repeat infringer of copyrights.

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.