Policies

Link Mobile Terms and Conditions and Agreement to Arbitrate Disputes and Judge or Jury Trial Waiver

THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION AND JURY TRIAL WAIVER CLAUSES IN SECTION 9 BELOW THAT IS APPLICABLE TO YOU AND US.

Last Updated: January 3, 2024

This Agreement governs the provision of the Services by Link Mobile, Inc. (“Link Mobile” the “Company,” “we,” “us,” or “our”) to you (“your,” “applicant,” “customer,” “subscriber,” “participant,” or “user”) and your use of the Services and Devices.  As used in this Agreement, the term: (A) “Services” means voice telephony (“talk”), text messaging (“text”), broadband Internet access services (“data”), and any other services provided to you by Link Mobile, services and devices subject to Affordable Connectivity Program discounts, and prepaid wireless service; (B) “Device” means any phone, smartphone, tablet, accessory, or other device provided or sold to you by Link Mobile or that you activate or use with our Services (note that certain functions are only available when using a voice enabled Device; tablets provided or sold to you by Link Mobile are not voice enabled); and (C) “Underlying Carrier” means the wireless provider whose facilities we use to provide you wireless Services.  The complete Agreement between you and Link Mobile consists of:

a. these Terms and Conditions, including the Acceptable Use Policy and the binding arbitration clause;
b.  any terms of service associated with your selected Service Plan;
c.  the Link Mobile Privacy Policy, available at www.link.mobi;
d.  the Link Mobile Broadband Transparency Policy, available at www.link.mobi;
e.  the Link Mobile Accessibility Policy, available at www.link.mobi; and
f.  any other policies or documents incorporated herein or therein by reference.

To the extent that any provision or clause in these Terms and Conditions conflicts with any provision or clause of our more specific policies or a specific service plan offer, the terms of those specific documents will govern.  Any tariff we have filed with a state commission is for informational purposes only.  To the extent that any provision of a tariff is inconsistent with the terms of the Agreement, the terms of the Agreement shall apply and the terms of the tariff shall not apply.

Other state-specific terms and conditions at the end of this document may apply to you depending on your state of eligibility.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY as they contain important information about your rights and obligations related to the Services and Devices we provide to you. These Terms and Conditions: (1) require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions; (2) limit our liability and the remedies available to you in the event of a dispute; (3) permit us to terminate, suspend, modify, or limit your Services at any time, without prior notice, and for any reason, including your violation of these Terms and Conditions; and (4) reserve our right to modify these Terms and Conditions at any time, in our sole discretion, and with limited notice requirements, with most modifications becoming binding on you once posted on the Link Mobile website, which you should check regularly for updates.

THIS AGREEMENT BECOMES EFFECTIVE AND LEGALLY BINDING ON YOU WHEN YOU:
(a) initiate, enroll in, or subscribe to the Services; (b) use or attempt to use the Services; (c) pay for the Services; (d) upgrade or modify the Services, (e) start any application, program, or software that states you are accepting this Agreement, or (f) accept the Services or Agreement through any written, oral, or electronic statement or signature.  This Agreement continues until we or you terminate your Services.  You must be 18 years or older to enter into this Agreement.  When you accept these Terms of Service, you represent that you are at least 18 years of age and that you meet the eligibility standards for Link Mobile ’s Services.  If you disagree with any of the terms or conditions stated herein or you are not 18 years of age, do not initiate Services with Link Mobile or contact Link Mobile Customer Service immediately to terminate your Services by dialing 611 from your Link Mobile Device or calling toll-free at (855) 610-1615.  We may deny requests to subscribe to our Services for any lawful reason.

CONTENTS
1. AFFORDABLE CONNECTIVITY PROGRAM
1.1.  Program Description
1.2.  Application Process
1.3.  Eligibility
1.3.1.  ACP Program-Based Eligibility
1.4.  Income-Based Eligibility
1.5.  One Per Household Rule
1.6.  Availability
1.7.  Annual Recertification
1.8.  Ongoing Eligibility Verification
1.9.  Non-Transferable and Non-Assignable
1.10. Service Activation
1.11. Usage Requirement
1.12. Non-Payment
1.13. Fraud and Violation of ACP Rules
1.14. ACP Termination or Concurrent Service
1.15. De-enrollment
1.16. ACP Benefit Transfer
1.17. FCC Consumer Complaint Center
2.  SERVICE PLANS
2.1.  Service Plans
2.2.  Talk, Text, and Data Allotments
2.3.  Use of Voice Allotments
2.4.  Use of Data Allotments
3.  WIRELESS DEVICES
3.1.  Device Options
3.2.  Returns and Refunds
3.3.  Loss, Theft, Damage, or Destruction
3.4.  Software Updates
3.5.  Device Software, Content, and Applications
3.6.  Unauthorized Modifications
3.7.  Device Unlocking Policy
4.  CHARGES AND PAYMENTS
4.1.  Charges, Fees, and Taxes
4.2.  Billing and Payment
4.3.  Creditworthiness
4.4.  Promotions and Rewards
4.5.  Third-Party Purchases
5.  SERVICE FEATURES, LIMITATIONS, AND NOTICES
5.1.  Account Access
5.2.  International Calling and Messaging
5.3.  Wireless Coverage
5.4.  Service Availability and Quality
5.5.  Service Security and Optimization
5.6.  Wireless Device Location Information
5.7.  911 and Other Emergency Services
5.8.  Third-Party Content and Applications
5.9.  Phone Numbers and Porting
6.  ACCEPTABLE USE POLICY
7.  TERMINATION, SUSPENSION, MODIFICATION, AND LIMITATIONS OF YOUR SERVICES
8.  WARRANTIES, LIABILITIES, AND INDEMNIFICATION
8.1.  Warranty Disclaimer
8.2.  Limitation of Liabilities
8.3.  Indemnification
9.  DISPUTE RESOLUTION AND ARBITRATION
9.1.  Arbitration Agreement
9.2.  CLASS ACTION WAIVER
9.3.  Small Claims
9.4.  Governing Law, Venue and Jurisdiction, and Court Proceedings
9.5.  Registered Agent Information
10. MISCELLANEOUS
10.1. Application of Tariffs
10.2. Consent to Receive Communications
10.3. Modifications to this Agreement
10.4. Notices
10.5. No Third-Party Beneficiaries
10.6. Assignment
10.7. Force Majeure
10.8. Enforcement and Waiver
10.9. Survivability
10.10.  Severability
10.11.  Headings
10.12.  Language
10.13.  Integration
11. CUSTOMER SERVICE CONTACT INFORMATION

1. AFFORDABLE CONNECTIVITY PROGRAM
   1.1. Program Description
   The Affordable Connectivity Program (ACP) is a government assistance program administered by the Universal Service Administrative Company (USAC).  The ACP program provides discounts on monthly communications services for eligible consumers, including voice calls, text messages, and broadband Internet access services.   The ACP presently provides discounts of up to $30 per eligible household on monthly broadband Internet access service (or up to $75 per eligible household on Tribal lands).  Eligible households can also receive a one-time discount of up to $100 to purchase a laptop, desktop computer, or tablet from participating providers if they contribute more than $10 and less than $50 toward the purchase price.  Discounts are applied to the retail rates of Link Mobile ’s Service Plans (discussed in Section 2) for eligible Link Mobile subscribers.
   1.2. Application Process
   To request enrollment in Link Mobile ’s ACP-supported services, you must complete an ACP service application.  The application requires that you certify, under penalty of perjury, that you understand and agree to the laws, regulations, and other requirements for receiving ACP services.   By submitting an application, you consent to Link Mobile or its representatives assisting you with applying for ACP services or doing so on your behalf and to the release necessary information (e.g., name, telephone number, address, and eligibility information) to process your application or for administration of ACP services to federal government entities, or USAC.  Failure to consent will result in denial of ACP services.  
   This consent is ongoing while you are a Link Mobile ACP subscriber and survives any termination of this Agreement.   Link Mobile addresses subscriber data use and subscriber privacy rights in detail in its Privacy Policy, available at www.link.mobi.  Link Mobile ’s Privacy Policy is incorporated into this Agreement by this reference.  
   1.3. Eligibility
   You must meet the applicable eligibility standards to be eligible for Link Mobile’s ACP services.   ACP eligibility standards are determined by federal law and regulations.   These eligibility requirements include program-based eligibility or income-based eligibility.  You must also be at least 18 years old (unless you are an emancipated minor) and must not be listed as a dependent on another person’s tax return (unless over the age of 60).  
   Eligibility is determined when applicants enroll in eligibility databases, which may request documentation as evidence of an applicant’s eligibility.  Acceptable documentation is determined by USAC and third-party administrators and will be explained to you when such documentation is requested.
   1.3.1. ACP Program-Based Eligibility
   Link Mobile subscribers may qualify for ACP program-based eligibility if they participate in one or more of the following programs:
   ‍
   a) Programs applicable to all subscribers:
   1. Lifeline Program
   2. Supplemental Nutrition Assistance Program (SNAP)
   3. Federal Public Housing Assistance (FPHA)
   4. Medicaid (not Medicare)
   5. Supplemental Security Income (SSI)
   6. Veterans and Survivors Pension Benefits
   7. Federal Pell Grant in the current award year
   8. Free and Reduced Price School Lunch Program or School Breakfast Program including at US Department of Agriculture Community Eligibility Provision schools
   9. Special Supplemental Nutritional Program for Women, Infants and Children (WIC)
   ‍
   b) Additional programs applicable to subscribers residing on Tribal lands:
   1. Food Distribution Program on Indian Reservations (FDPIR)
   2. Bureau of Indian Affairs General Assistance (BIA)
   3. Tribally Administered Temporary Assistance for Needy Families (TANF)
   4. Tribal Head Start (meeting income qualifying standards)
   ‍
   1.4. Income-Based Eligibility
   You may qualify for the ACP based on income (income-based eligibility) if your total gross income is at or below 200% of the Federal Poverty Guidelines.   Please visit USAC’s eligibility website for details.  Federal regulations define “gross income” as all income actually received by all members of the household from whatever source derived, unless specifically excluded by the Internal Revenue Code.
   
   1.5. One Per Household Rule
   Under federal law, only one ACP benefit is permitted per household, which may be applied to wireless or landline service.  For purposes of the ACP program, a household is defined as any individual or group of individuals who live together at the same address and share income and expenses.  Separate households that live at the same address are eligible, including, for example, residents of homeless shelters and nursing homes.  A household is not permitted to receive ACP benefits from multiple providers, but the ACP benefit associated with your household may be transferred from another provider to Link Mobile, subject to certain restrictions.
   
   1.6. Availability
   To receive ACP service through Link Mobile, an applicant’s principal and permanent residential address must be within Link Mobile ’s service area.  Applicants cannot apply for ACP service using a second home or business address.  If you move to a new address, you must provide that new address to Link Mobile within 30 days of moving.  Visit www.link.mobi to check whether you reside in Link Mobile ’s service area.
   
   1.7. Annual Recertification
   ACP subscribers are required to recertify, on an annual basis (once per calendar year), that they continue to meet eligibility requirements and other qualifications to receive ACP services.   Recertification is conducted or facilitated by USAC, but Link Mobile may send you text messages and other communications reminding you to complete your recertification.   If a subscriber fails to complete the annual recertification by the deadline, Link Mobile will notify the subscriber that the subscriber will be de-enrolled from the ACP.  If the subscriber fails to recertify by the deadline or no longer meets eligibility requirements or other qualifications, the subscriber will be de-enrolled from the ACP, and the phone number the subscriber was using may be assigned to another subscriber.  To continue utilizing the Services, the subscriber may re-enroll in the Link Mobile ACP, if eligible, or choose from any of the then available prepaid plans under the applicable terms and conditions for that plan.  Upon re-enrollment, the subscriber may be assigned a new phone number.
   
   1.8. Ongoing Eligibility Verification
   You must notify Link Mobile within 30 days if for any reason you no longer satisfy the criteria for receiving ACP services, including if (1) you no longer meet the income-based or program-based eligibility criteria, or (2) you or a member of your household begins receiving another ACP benefit.   Link Mobile may conduct checks to verify your continued eligibility for receiving ACP service at any time.   If we determine that you no longer satisfy the criteria, we will de-enroll you from Link Mobile ’s ACP service and deactivate your Services.
   
   1.9. Non-Transferable and Non-Assignable
   Eligibility for Link Mobile ’s services is personal to you.  Under federal law, you may not transfer to any third party any of your rights or benefits received under the Link Mobile Service, including, but not limited to, any voice, text, or data allotments you receive to use the Link Mobile Services.  Similarly, you may not assign your rights or delegate any of your duties to any third party, including any individual that may be eligible to receive ACP service, without the prior written consent of Link Mobile, and any attempted assignment or delegation without such consent shall be void.  Link Mobile may assign all or part of these terms or your debts to us without notice.
   
   1.10. Service Activation
   You activate your service by submitting the application form and completing the eligibility verification, enrollment and plan selection processes, as applicable.
   
   1.11. Usage Requirement
   To maintain Link Mobile ACP service, FCC regulations require that, unless a subscriber has a regular billing and payment relationship with us, the subscriber must use the service every 30 days.  Subscribers can “use” the Services by: (1) completing an outbound call, sending a text message, or using data; (2) purchasing minutes or data from Link Mobile to add to the subscriber’s service plan; (3) answering an incoming call from a party other than Link Mobile ; or (4) responding to direct contact from Link Mobile and confirming that the subscriber wants to continue receiving the ACP service.  We note that if you receive data-only service, the texting or calling “use” provisions may not apply.  ACP-supported connected devices (e.g., discounted tablets) are not talk/text enabled and will not support traditional talk and text over the cellular network.  At or before 30 days of non-use, Link Mobile will provide subscribers with notice that failure to use the ACP services within a 15-day notice period will result in de-enrollment.  Link Mobile may also send text messages reminding a subscriber to use the service.  If a subscriber does not respond to the notice or use the service before the end of the 15-day notice period, Link Mobile is required to and will de-enroll the subscriber from the ACP.  At that time, the subscriber’s Services will be deactivated, except that the subscriber still will be able to use a voice enabled Device associated with the Services to contact 911 emergency services, provided it is charged and able to connect to a wireless network.
   
   1.12. Non-Payment
   Link Mobile may offer prepaid and postpaid wireless services.   For postpaid services, Link Mobile may disconnect the subscriber’s ACP-supported service after 90 consecutive days of non-payment.   At or before 90 days of non-payment, Link Mobile may provide subscribers with notice that failure to pay will result in de-enrollment.  Link Mobile may also send text messages reminding a subscriber to pay for their ACP-supported service.  If payment is not made, the subscriber’s Services will be deactivated, except that the subscriber still will be able to use a voice enabled Device associated with the Services to contact 911 emergency services, provided it is charged and able to connect to a wireless network.   Please also see section 4 below, regarding Link Mobile ’s Charges and Payments terms.
   
   1.13. Fraud and Violation of ACP Rules
   The ACP is a federal benefit, and any violation of ACP laws and regulations can result in fines, imprisonment, de-enrollment, or permanently being barred from the program.  Willfully providing false or fraudulent information to obtain or continue to receive ACP benefits, violating the one-per-household limitation, or otherwise violating or failing to follow ACP requirements or limitations all constitute violations of federal ACP laws or regulations.  Link Mobile may suspend or de-enroll you from receiving ACP-supported service, without notice, if we suspect or determine that you have engaged in fraud or violated any ACP laws or regulations.
   
   1.14. ACP Termination or Concurrent Service
   The subscriber will be subject to Link Mobile’s undiscounted rates and general Terms and Conditions if the ACP ends, if the subscriber transfers their benefit to another provider but continues to receive service from Link Mobile, or upon de-enrollment from the ACP. If the Federal Communications Commission (FCC) terminates ACP funding (or if funding for the ACP is otherwise exhausted), Link Mobile will notify the subscriber.   In that event, the subscriber will have the option of subscribing to Link Mobile ’s services at standard rates, as described in section 4 below; or terminating your services with Link Mobile entirely.
   
   1.15. De-enrollment
   In addition to de-enrollment for any of the reasons described in these Terms and Conditions, you may request to be de-enrolled from ACP service for any reason and at any time by contacting Link Mobile Customer Service.  De-enrollment requests (including name, wireless number, and identity related information) can be made by phone (dialing 611 from your Link Mobile Device or calling toll-free at (855) 610-1615), physical mail 169 Madison Ave STE 2636, New York, NY 10016, or electronically (via our website at www.link.mobi).  Upon receiving a request, you will be de-enrolled within two (2) business days.  Upon de-enrollment from the ACP program, you will no longer receive free minutes, text messages, or data each month and will be required to re-qualify for ACP service if you choose to enroll in another Link Mobile ACP service plan.   Additionally, a subscriber may be de-enrolled at the request of a federal government authority.
   
   1.16. ACP Benefit Transfer
   You may transfer your ACP benefit from another ACP provider to Link Mobile or from Link Mobile to another ACP provider.  Link Mobile complies with the FCC’s rules regarding transferring ACP benefits.   The effect of an ACP benefit transfer is that the subscriber’s ACP benefit will be applied to Link Mobile ’s ACP service and will no longer be applied to service from the subscriber’s former ACP service provider.   Subscribers transferring ACP benefits to Link Mobile may be subject to their former ACP provider’s undiscounted rates as a result of the transfer if the subscriber elects to maintain service from that provider.   ACP rules limit subscribers to one ACP benefit transfer transaction per service month, with limited exceptions for situations where a subscriber seeks to reverse an unauthorized benefit transfer or is unable to receive service from a specific provider.  
   
   1.17. FCC Consumer Complaint Center
   In addition to the resources outlined in section 11 of these Terms and Conditions, subscribers with complaints related to Link Mobile ’s ACP services may file a complaint via the FCC’s Consumer Complaint Center.   The FCC Consumer Complaint Center is available at: https://consumercomplaints.fcc.gov/hc/en-us.  

2. SERVICE PLANS
   2.1. Service Plans
   Except as otherwise described in this Agreement, you must be enrolled in a Service Plan to utilize our Services.  Wireless Service Plan descriptions, including rates and associated talk, text, and data allotments (collectively, “Allotments”), are available on the Link Mobile website at www.link.mobi.   Service Plan availability, rates, and Allotments may vary by state and are subject to change at any time.  You may not be eligible for certain Service Plans or rates.  Service Plans that include allocations of voice minutes include caller ID, voicemail, call waiting, and 3-way calling.  ACP discounts are automatically applied to the retail rate of the Service Plan you select, and you must pay any additional co-pay.  Service Plans are non-refundable, cannot be transferred to any third party (including another Link Mobile account or customer), and may not be exchanged or resold.  Notwithstanding the foregoing, Link Mobile may, from time to time, provide refunds in its sole discretion.  New subscribers select a Service Plan upon enrollment and existing subscribers can contact Customer Service to change their Service Plan by dialing 611 from their Link Mobile Device or calling toll-free at (855) 610-1615.  Service Plan changes are usually effective at the start of the next monthly service renewal date.
   ‍
   2.2. Talk, Text, and Data Allotments
   Talk, text, and data allotments have no cash value, are non-refundable, cannot be transferred to any third party (including another Link Mobile account or customer), and may not be exchanged, resold, redeemed, or substituted for cash, merchandise, or services.  If you terminate your service, you will forfeit and are not entitled to a full or partial refund for any unused Allotments.  Notwithstanding the foregoing, Link Mobile may, from time to time, provide refunds in its sole discretion.  If you use your full talk, text, or data allotment before the start of a new monthly cycle, the Service associated that allotment with be suspended for the remainder of the monthly cycle, except that you will be able to continue contacting emergency services by dialing 911 and Link Mobile Customer Services by dialing (855) 610-1615 or 611.  Suspensions may occur while you are engaged in calls, text communications, or data usage, in which case, Link Mobile is not responsible for any costs, losses, or damages caused by such interruptions, including to reestablish communications.  You may check your Allotment balances at any time free of charge by dialing 611 from your Link Mobile Device or calling (855) 610-1615.  You are responsible for all usage of Allotments regardless of who uses or possesses your Device and regardless of whether the Device is used with your consent or knowledge.  Unused Service Plan Allotments, expire on the last day of your monthly cycle and will not carry over to the next monthly cycle unless specifically provided for by the Service Plan.  
   ‍
   2.3. Use of Voice Allotments
   All incoming and outgoing voice calls on your Device, regardless of whether the call is on the network of our Underlying Carrier or roaming, use talk minute allotments, including calls to toll-free numbers but excluding 911 emergency calls, Link Mobile Customer Service Calls to 611 and (855) 610-1615, and other calls specified herein.  Call time is measured in one-minute increments, with a minimum time per call of one (1) minute.  Partial minutes of use are rounded up to the next full¬ minute at the end of each call.  Link Mobile does not allow free calls to other Link Mobile subscribers.  Outgoing calls begin the moment you initiate a call and incoming calls begin the moment the signal connection from the caller is established with our facilities.  Calls end after you or the other party terminates the call, but not until we receive a signal that the call has disconnected.  Call length information displayed on your Device may not be accurate for calculating use of voice allotments.  For simultaneous calls (incoming call waiting calls and 3-ways calls), talk minutes may be deducted for each call.  Call time may include ring time, incomplete calls, unanswered calls, busy signal calls, voicemail deposit and retrieval time, and time to process call transfers. Calls that begin during one monthly cycle and end in another monthly cycle are generally deducted from talk allotments from the starting monthly cycle.  No credit or refund is given for dropped calls.
   
   2.4. Use of Data Allotments
   All data usage that occurs through your wireless Device (except for data usage that occurs when your Device is connected to Wi-Fi provided by a third party) will be deducted from your data allotment, including all active and passive usage, regardless of who initiates the usage, and whether or not the data transmissions are successful.  All data usage is calculated in full-kilobyte increments and actual usage is rounded up to the next full-kilobyte increment at the end of each data session.  Data usage may occur whenever your Device is connected to the network of our Underlying Carrier or roaming and transmitting data, including, but not limited to: (a) sending, receiving, or downloading any type of content, including emails, documents, files, pictures, MMS messages, and any other content, (b) accessing websites, (c) downloading and using applications, (d) streaming content, or (e) requesting software updates.  Data usage may also occur from normal operation of software used by the network and/or your Device, including (i) for access, transport, and routing of data on the network of our Underlying Carrier, (ii) from partial or interrupted downloads and resend requests caused by network errors or when you cancel or attempt to cancel a transmission, and (iii) from unsuccessful attempts to reach websites or use applications.  Some applications, content, programs, and software that you download or that come pre-installed on your Device regularly send and receive data transmissions when your Device is powered on to function properly, without you affirmatively initiating transmissions.  For example, applications that provide real-time information, location-based services, or synchronization with cloud services frequently or continually send and receive updated information so that it is available to you when you want to access it.  In addition, any advertisements or advertiser-related messages or data delivered to your Device, even if delivered to an application, and any messages or content that are initiated in response to an advertisement, use data.  Based on several factors (e.g., the specific application, network performance, etc.) data usage may vary widely, even for the same activity.  Estimates of data usage (e.g., the size of downloadable files) will not necessarily be an accurate predictor of actual usage.  To prevent unintended data usage, you should connect your device to a third party-provided Wi-Fi when available and supported by your Device or power off your Device when it is not in use.

3. WIRELESS DEVICES
   3.1. Device Options
   Upon enrolling in Link Mobile ’s service, you may be eligible to receive a free wireless Device from Link Mobile to use with the wireless Services, in which case, you can upgrade to higher grade Device offered by Link Mobile for an additional cost, if available.   ACP-supported Devices are subject to a co-payment of between $10-$50.  If you are not eligible for a free Device, Link Mobile will provide you with a free SIM that you can use with a wireless Device you purchase from us or with your own wireless Device.  Device models offered by Link Mobile are selected at our sole discretion and comply with the FCC’s requirements for devices.   For hearing-aid compatible devices, please refer to our Accessibility Policy, located at www.link.mobi.  Your Link Mobile Device can only be used with our Services and cannot be activated by or used on the network of any other wireless service provider.   Link Mobile ’s Device unlocking policy is addressed in detail in section 3.7 below.   Link Mobile reserves the right to substitute or replace any Device provided by Link Mobile with another Link Mobile Device of comparable quality at any time.  Devices provided by Link Mobile will be delivered to you in-person or to your home address.  Link Mobile Devices may not be purchased in bulk or sold to third parties.  If you provide your own Device, you are responsible for ensuring your Device is unlocked, compatible with and does not interfere with our Services or the network of our Underlying Carrier, and complies with all applicable laws, rules, regulations, and standards.  Additionally, your Device cannot be reported as lost or stolen or associated with fraudulent activity.  You are responsible for the maintenance of your Device and the purchase and maintenance of any additional hardware or software necessary to use your Device with our Services.  Not all Services are available with all Devices, on all networks, or at all times, and we do not guarantee the availability of all Services on all Devices.  Some functions and features referenced in the manufacturer’s manual for your Device may not be available when using your Device with Link Mobile ’s Services, whether the Device is provided by Link Mobile or by you.
   
   3.2. Returns and Refunds
   Devices purchased directly from Link Mobile may be returned for a full refund within 30 days of purchase with the original receipt.  Devices must be returned in their original package and with all original components, including, but not limited to the: handset, box, charger, battery, battery cover, manuals, and accessories.  All items must be undamaged and in like-new condition, including free from cracks, scratches, liquid damage, or any other damage and free from engravings or attachments that alter the original out of box appearance.  Refunds will not be issued for Device returns that are missing components or damaged.  Link Mobile also will issue a refund for defective Devices, as determined by us in our sole discretion, if returned within 30 days.  Prior to returning a Device, erase all personal data and disable or remove all security features.  Please contact Link Mobile at 611 or (855) 610-1615 for instructions.  Link Mobile is not responsible for lost or mishandled returns.  If you ship a Device return, we recommend that you obtain a tracking number.  Link Mobile will accept exchanges.  If an exchange is necessary, you must follow Link Mobile’s instructions for exchanging the Device.  SIM cards are not eligible for returns and/or refunds.
   
   Link Mobile does not manufacture any Devices or equipment you may use with the Services, including Devices we may provide or sell to you.  We are not liable for any defects, acts, or omissions of the manufacturers.  Your Device’s manufacturer may provide you with a warranty directly or that we may pass through from the manufacturer to you.  If your Device becomes defective after the standard 30-day return policy, you must contact the manufacturer for any warranty options.
   
   3.3. Loss, Theft, Damage, or Destruction
   Upon accepting a Device from us, all risk of loss, theft, damage, or destruction of your Device or its accessories, whether provided by us or by you, is borne by you.  Link Mobile is not responsible for, nor will we issue refunds for any lost, stolen, damaged, or destroyed phones or accessories.  In the event your Device is lost, stolen, damaged, or destroyed, you may purchase a replacement Device from Link Mobile at your own expense.  If a Device provided by Link Mobile is lost, stolen, damaged, or destroyed while in transit to you and before delivery, we may replace the Device in our sole discretion.  When you activate a replacement Device, we will apply any remaining Allotments associated with your monthly Service Plan.  If your Device is lost or stolen, you are responsible for any usage of your Allotments or charges incurred using your Device until you report the loss or theft to us by contacting Link Mobile Customer Service at (855) 610-1615.  Upon receiving notice of a lost or stolen Device, Link Mobile will take immediate steps to suspend the Services.  If you do not activate a replacement Device or fail to notify Link Mobile that you have found a lost or stolen Device within thirty days (30) days, we may cancel your subscription to Link Mobile Services and reassign the number associated with your account to another user.  If your Services are canceled or if you choose to terminate your Services following the loss, theft, damage, or destruction of your Device, we will not prorate charges to the date of the cancelation or termination, and you will not receive a credit or refund for any unused Allotments.  You agree to cooperate and act in good faith and in a reasonable manner in connection with any investigation of the loss or theft of your Device (e.g., by providing facts, sworn statements, or other information that would help the investigation).  Except as otherwise provided herein, if your Device is lost, stolen, damaged, or destroyed, you remain responsible for complying with your other obligations under this Agreement including, but not limited to, payment of any charges.
   
   3.4. Software Updates
   Link Mobile may, from time-to-time remotely check, update or change your Device’s software, applications, or programming, including your Device’s electronic SIM card, without notice, to address security, safety, or other issues that may impact your service, our Underlying Carrier’s network, or your Device.  These changes may result in the following: data use; modification of your Device; alteration or erasure of data stored on your Device; how you have programmed your Device; or how you are able to use your Device.  Link Mobile is not responsible for lost data or functionality.  While your Device is receiving a software update, whether by our action or yours, you may be unable to use your Device in any manner until the software update is complete, including to contact 911 or other emergency services.
   
   3.5. Device Software, Content, and Applications
   Link Mobile may offer software, content, and applications, which you may choose to download from Link Mobile or third-party sources or that may come preinstalled on your Device.  These may or may not be branded as Link Mobile software, content, and applications.  The software, content, and applications are licensed, not sold, to you by Link Mobile and/or its licensors/suppliers for personal, lawful, non-commercial use solely in connection with your use of your Link Mobile Device with our Services.  You may be subject to additional license terms between you and the third-party creator or owner of such software, content, and applications.  You acknowledge that Link Mobile or its licensors/suppliers are the intended third-party beneficiaries of these licenses.  Your use of these software, content, and applications must comply with their intended purposes, the license, this Agreement, and all applicable laws.  You may only make such copies as is reasonably necessary for your personal non-commercial use.  You may not (and you agree not to enable others to) otherwise copy, decompile, reverse engineer, disassemble, reproduce, attempt to derive the source code of, decrypt, modify, defeat, or circumvent protective and other digital rights management mechanisms, combine, or create derivative works of the software, content, and applications or any portion thereof.  You may not rent, lease, lend, sell, redistribute, transfer, sublicense, broadcast, or cause public performance of the software, content, and applications or any portion thereof.  You agree the software, content, and applications contain proprietary information owned by Link Mobile, its licensors/suppliers, or the creator/owner.  Link Mobile and its licensors/suppliers reserve the right to update, modify, delete, suspend or terminate access to, or impose limits on the use or access of the software, content, and applications at any time, without notice.  Without limitation, the warranty disclaimer, limitation of liability, and indemnification provisions found in this Agreement apply to these software, content, and applications.
   
   3.6. Unauthorized Modifications
   Except as provided in section 3.7, you are not permitted to unlock, re-flash, tamper with, or otherwise alter the hardware or software on your Link Mobile Device for any purpose.  Your Link Mobile Device may have a software programming lock that protects certain of the handset’s operating parameters against unauthorized reprogramming.
   
   3.7. Device Unlocking Policy
   Subject to certain limitations, Link Mobile complies with the CTIA Consumer Code regarding the ability of our current and former subscribers and individual owners to request that we unlock eligible Link Mobile Devices that are locked by or at the direction of Link Mobile. Specifically, Link Mobile adheres to the following principles:
   
   1. Disclosure.  Link Mobile has posted this clear, concise, and readily accessible policy regarding postpaid and prepaid mobile wireless Device unlocking on its website.
   2. Prepaid Unlocking Policy.  Link Mobile will, upon request, unlock prepaid Devices no later than one year after initial activation, for subscribers that are in full compliance with our Terms and Conditions.
   3. Unlocking Policy.  Link Mobile will, upon request, unlock Devices used to access Link Mobile ’s services no later than one year after initial activation, for subscribers that are in full compliance with our Terms and Conditions.
   4. Notice.  Link Mobile will clearly notify customers that their Devices are eligible for unlocking at the time when their Devices are eligible for unlocking or automatically unlock Devices remotely when Devices are eligible for unlocking, without additional fee.  Link Mobile reserves the right to charge non-customers/non-former customers with a reasonable fee for unlocking requests.  Notice to prepaid customers may occur at point of sale, at the time of eligibility, or through a clear and concise statement of policy on the Link Mobile website.
   5. Response Time.  Link Mobile will, within two days of receiving an unlocking request, do one of the following: (i) unlock or provide information to facilitate the unlocking of an eligible phone; (ii) initiate a request to the original equipment manufacturer to unlock a Device; (iii) explain to the requesting customer why the phone is ineligible for unlocking; or (iv) offer a reasonable explanation as to why Link Mobile needs more time to process the unlocking request.
   6. Deployed Personnel Unlocking Policy.  For deployed military personnel who are in full compliance with the Link Mobile Terms and Conditions, we will unlock Devices upon receiving a valid copy of deployment papers.
   
   “Unlocking” refers only to the disabling of software that prevents a Device from being used on another carrier’s network, even if that network is technologically compatible.  It does not pertain to hardware changes and does not guarantee that a Link Mobile Device will be compatible with any particular carrier’s network or that all functionality of the Device can be enabled on any other network.  Devices that work on the network of Link Mobile ’s Underlying Carrier may not work with other carriers’ networks due to the use of different frequencies and technologies to provide wireless network access.
   
   As a reseller of wireless service, Link Mobile’s unlocking policy may be subject to limitations imposed by its Underlying Carrier.  Additionally, Link Mobile may deny a Device unlocking request if, in our sole discretion, we have a reasonable basis to believe that the request is an effort to defraud the company or its subscribers or that the Device is stolen.  

4. CHARGES AND PAYMENTS
   4.1. Charges, Fees, and Taxes
   You are responsible for paying all one-time and recurring charges that result from your commercial relationship with Link Mobile and from the use of our Services, whether accrued by you or by another person using your Device or Services, including, but not limited to: (i) one time or recurring Service Plan charges; (ii) Device purchase, upgrade, and replacement charges; (iii) activation, reconnection, prepayment, and other administrative or customer service charges or fees; (iv) returned and late payment charges or fees; (v) roaming, network, and other surcharges; (vi) optional feature charges, such as operator and directory assistance, toll and collect calls, voicemail, and call forwarding, if applicable; and (vii) all required or applicable federal, state, and local taxes, surcharges, fees, and any other regulatory or governmental assessments, whether assessed directly upon you or upon Link Mobile and billed to you for cost recovery.  We do not assess early termination fees.  Taxes, fees, and surcharges may vary depending on the billing address associated with your account and may vary from month-to-month based on our or the government’s calculations.  We may, but are not obligated to, provide notice of such variances.  Advertised rates may not include federal, state, and local taxes, fees, surcharges, and other assessments.  With the exception of taxes or other charges that are required by law, no additional surcharges are assessed on ACP-supported services and charges and fees associated with ACP-supported Services are all inclusive and fully disclosed to ACP applicants and subscribers.  All charges, fees, and taxes, once paid, are non-refundable.
   
   4.2. Billing and Payment
   You may access your monthly invoice on by contacting us through email at support@link.mobi.  If your service plan is not fully covered by an ACP discount, you will receive your bill electronically on a monthly basis.  You must prepay the balance due before receiving the allotment specified in your service plan.   If you do not prepay, we may suspend your service.  
   
   You are responsible for reviewing your bills to ensure that all charges are accurate.  Link Mobile bills will distinguish (a) charges collected and retained by the carrier, including charges for Service Plans and features, from (b) taxes, surcharges, fees, and any other regulatory or governmental assessments collected by us and remitted to federal, state, or local governments.  Cost recovery fees and charges will not be labeled as taxes.  You agree to pay for all prepaid charges immediately when billed and all postpaid charges on or before your payment due date or monthly expiration date using a credit or debit card or other valid payment method.  You must promptly notify us of any change in your billing address or payment method.  
   
   For prepayments: If we attempt to charge your credit card or any other payment account for a charge and the credit card company or other financial institution withholds or declines such payment because there is an insufficient balance or the charge has been disputed (a “Chargeback”), we reserve the right to suspend or terminate your access to our service until the payment is processed or the Chargeback is reversed, or for ACP participants, we may de-enroll you from the ACP until payment is processed or the Chargeback is reversed.
   
   For postpaid plans (if available):  We also reserve the right to suspend your access to our service until the payment is processed or the Chargeback is reversed.   Furthermore, if the non-payment or Chargeback is not resolved and reversed, your account may be deactivated after a 30-day period and Link Mobile may assess you a termination charge equal to the balance in your account or the highest amount permitted by law.  We may also charge you a fee lesser than or equal to the highest amount allowed under applicable law, when your payments are not made on or before your scheduled payment date.  
   
   By providing payment information and accepting this agreement, you authorize us or our payment service provider to charge your payment method in advance for prepaid payments to ensure that payments are received by any due date.  You may cancel the automatic renewal of your Service Plan at any time.  We will not, except in our sole discretion, refund, prorate, or credit any charges, fees, or taxes, including if you modify or terminate your service before or have remaining Allotments at the end of your monthly cycle.  If you wish to dispute a charge, you must do so in accordance with the dispute resolution process described in Section 9.  
   
   4.3. Creditworthiness
   Link Mobile does not condition the provision of Services on a subscriber’s credit rating, credit history, or other method of determining creditworthiness.  Link Mobile does not provide subscriber payment history and other account billing and charge information to any credit reporting agency or industry clearinghouse.  No deposits are held or required as a condition of receiving Services nor do we have any preset account spending limits.
   
   4.4. Promotions and Rewards
   Link Mobile may, from time to time, provide you with promotional credits, promotional offers, or loyalty rewards (collectively, “Promotions and Rewards”).   Promotions or Awards cannot be applied to any Device co-pay required under the ACP.  Promotional credits are typically courtesy account credits due to service issues, Device issues, or customer inconveniences.  Promotional offers are typically plan, Device, and pricing offers that are available for a limited time or when you meet certain conditions.  Loyalty rewards are typically rewards for being a Link Mobile customer.  Promotions and Rewards are offered at the sole discretion of Link Mobile.  Promotions and Rewards can only be claimed and redeemed by accountholders and only will be associated with the account of the customer who was offered the Promotions and Rewards.  Promotions and Rewards may not be sold or transferred to another Link Mobile account or to any other person.  Promotions and Rewards have no fixed or cash value or equivalent, and may not be exchanged, transferred, resold, redeemed, or substituted for cash, merchandise, or services.  If your Link Mobile Services are terminated for any reason, any Promotions and Rewards offered to you or associated with your account are forfeited.  If you fail to make payments on your account or otherwise violate this Agreement, you may lose the ability to claim or redeem Promotions and Rewards.  Promotions and Rewards are not your property and Link Mobile may, in its sole discretion, change, modify, discontinue, suspend, revoke, cancel, or terminate them at any time, with or without notice.  Promotions and Rewards may not be available to all subscribers, in all locations, or combinable with other Promotions and Rewards.  Promotions and Rewards may be subject to additional terms and conditions as described to you when offered to you.
   
   4.5. Third-Party Purchases
   Devices associated with your Services may be used to purchase content, information, applications, and other goods and services from third parties, including in-app purchases (collectively, “Third-Party Purchases”).  You are responsible for all charges resulting from Third-Party Purchases and are presumed to have provided the consent and representations required for those purchases regardless of whether the purchases were made by you or someone using a Device associated with your account, including consent for the use and disclosure of your account information to provision and bill for the purchases, consent to use location information to deliver the purchases to the Device, and representations of age for the person using the Device when a purchase is made.   If you cancel or attempt to cancel a download or purchase that is in progress, or if a download or purchase is otherwise interrupted through no action on your part, you may nevertheless be charged in accordance with the terms and conditions associated with the purchase.  Link Mobile will not be liable for any such charges.  If you believe your Services were used fraudulently to make purchases, you must notify us immediately and provide us with such documentation and information as we may request (including affidavits and police reports) as evidence of the fraudulent use.  After you notify us, we will attempt to help you prevent the fraud by terminating existing Services if possible and practicable, but you will remain responsible for all charges.  You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe.  Failure to provide reasonable cooperation may result in your liability for all fraudulent usage and charges.  Link Mobile makes no representations or warranties (expressed or implied), to the fullest extent permitted by law, including for merchantability or fitness for a particular purpose, of Third-Party Purchases nor are we responsible for proper download, installation, functionality, or security of Third-Party Purchases.

5. SERVICE FEATURES, LIMITATIONS, AND NOTICES
   5.1. Account Access
   You can access your subscriber account information by contacting Link Mobile Customer Service and providing necessary authentication information.  You will only be able to access Customer Proprietary Network Information (“CPNI”), as defined by the FCC, see 47 CFR § 64.2003, by providing a password associated with your account.  If you are not able to provide a password, Link Mobile can only disclose your CPNI by sending it to your address of record or by calling you at your telephone number of record.  We may, but are not obligated to, allow you to authorize other individuals to access your account.  If you authorize another person to access your account or provide such person with your authentication information, those individuals may be permitted to make changes to your account.  You authorize us to provide information about and make changes to your account, including changes to your Service Plan and features, upon the direction of any person able to provide your authentication information.  Those changes will be binding on you and Link Mobile takes no responsibility for those changes.  To protect the security of your CPNI, your password should be unique and complex.  You should not provide your account authentication information, including your password, to third parties, and such information should be stored safely to prevent third-party access.  If you believe your account authentication information was disclosed or accessed by an unauthorized person, we advise you to change the information immediately.
   
   5.2. International Calling and Messaging
   Link Mobile ’s wireless talk and text allotments can only be used for domestic calls and text messages.  At this time, international calls and text messages are not included with our Service Plans.
   
   5.3. Wireless Coverage
   The availability of Link Mobile ’s wireless Services is subject to the geographic coverage area of our Underlying Carrier and its roaming partners.  Only domestic U.S.  coverage is available; we do not offer international coverage.  Coverage is not available everywhere in the domestic U.S., and you will not have access to our Services outside the coverage area.  A coverage map reflecting the approximate geographic coverage area of our Underlying Carrier and its roaming partners can be accessed from our website, at www.link.mobi.  Areas without coverage are shown as gaps.  Coverage maps are generated using generally accepted methodologies and standards but are only approximations of actual coverage.  There may be locations within the estimated coverage area where actual coverage is limited and you may experience interruptions or reductions in Service quality, including due to interference from buildings and other structures, terrain, and foliage.  Additionally, actual coverage at any given time may vary by Service and be affected by factors beyond our control, as described in Section 5.4.  Coverage maps and any statements by us, our agents, or dealers about coverage are only intended to provide high-level estimates of our coverage area when you are using our Services outdoors under optimal conditions and do not mean that service will be available under all circumstances, at all times, or without interruption.  Link Mobile does not guarantee or warrant the coverage of the network of our Underlying Carrier or its roaming partners.  Where there is no coverage, 911 calls may not reach public safety answering points.  In such instances, subscribers should dial 911 from the nearest landline phone.  Coverage maps may be updated periodically and without notice to reflect the current operations of our Underlying Carrier and its roaming partners.
   
   5.4. Service Availability and Quality
   In addition to factors that affect coverage, Service availability and quality may be subject to “Service Limitations,” which may depend on whether you are using wireless or landline Services.  These include interruptions, delays, or reductions, due to a variety of factors, including, but not limited to: weather and atmospheric conditions; obstructions; electromagnetic interference; use of the Services inside a building or moving vehicle; your geographic location relative to our coverage area; your proximity to wireless cell sites; the capacity of a cell site; the number of other customers connected to the same cell site; other network capacity limitations and congestion; the capabilities and compatibility of your Device; network outages or issues on the network of our Underlying Carrier or interconnecting carriers; and priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency.  Additional factors that may affect our Services are described in our Broadband Transparency Policy, available at www.link.mobi.   Once identified, Link Mobile takes reasonable steps to attempt to remedy Service Limitations that are within its control.  Service Limitations may also occur as a result of network maintenance, including equipment modifications, upgrades, relocations, repairs, or similar activities necessary or proper for network operation or improvement imposed by Link Mobile, its Underlying Carrier, or interconnecting carries.  Link Mobile will use reasonable efforts to notify you prior to the performance of such maintenance and will attempt to schedule its maintenance during non-peak hours.  Service Limitations may result in dropped or blocked calls, inability to make or receive calls, inability to send or receive text messages, or inability to access the Internet and other data services.  You acknowledge that the Services are provided through the nationwide wireless network of the underlying carrier of our choosing and may be subject to the service availability and quality of our Underlying Carrier.  We do not guarantee or warrant the availability or quality of the Services at any given time or geographic location, we are not liable for Service Limitations, and you are not guaranteed compensation or reimbursement for Service Limitations. Notwithstanding the foregoing, if your Services experiences Service Limitations for 24 or more continuous hours by a cause within our control, and you notify Link Mobile at (855) 610-1615 within seven (7) days of the Service Issue, we may, in our sole discretion and on a case-by-case basis, issue you a credit.
   
   5.5. Service Security and Optimization
   Link Mobile or our Underlying Carrier may, but are not obligated to, take any action we deem necessary to: (1) address security threats and otherwise protect the networks, Services, systems, and equipment from harm or degradation; (2) optimize, improve, or manage the networks, Services, systems, and equipment; (3) preserve and protect their rights and interests and those of their subscribers and third parties; and (4) otherwise ensure the activities of some users do not impair the ability of Link Mobile or our Underlying Carrier to provide their subscribers with access to reliable Services provided at reasonable costs.  Such actions may include, but are not limited to:
   a) discontinuing, blocking, or terminating certain categories of Services;
   b) restricting, reducing, or limiting the amount of usage of the Services;
   c) limiting data throughput speeds or quantities;
   d) reducing the size of data transfers;
   e) limiting, disabling, or preventing access to particular features;
   f) blocking, limiting, or disconnecting access to individual phone numbers or certain categories of phone numbers (e.g., 976, 900), countries, destinations, or providers;
   g) limiting the provision of Services at certain times or in certain areas, including due to changes in coverage of our Underlying Carrier or changes in roaming agreements;
   h) filtering or blocking certain calls, texts, and data transmissions sent through the network, including spam, unlawful and unwanted telemarketing calls and messages, and malware (we do not guarantee that you will not receive and we are not liable for such calls, text, or transmissions; if you are receiving unwanted telemarketing messages, contact the source and unsubscribe or remove your mobile phone number from the service);
   i) blocking calls to you at your request or to other called parties at their request;
   j) blocking or otherwise preventing access to third party services or other premium services, features, or content that would generate additional fees or charges billed to Link Mobile, either directly or through your account as a result of your use of or access to the service, feature, or content;
   k) blocking hacking and other attempts for unauthorized access; and
   l) blocking or terminating usage that is indicative of uses prohibited by the Acceptable Use Policy (Section 6), including uses that result in abnormally long calls, high costs, or high usage.
   
   Some of these actions may interrupt or prevent legitimate communications and usage, including by resulting in dropped or blocked calls, inability to make or receive calls, inability to send or receive text messages, or inability to access the Internet and other data services.  For additional information about our network security practices for our data Service, please review our Broadband Transparency Policy at www.link.mobi.
   
   5.6. Wireless Device Location Information
   Your wireless Device may be location enabled, which means the location of your Device can be determined by using Global Positioning Satellite (“GPS”), wireless network location information, or other location technology when your Device is turned on.  Your location information may be used by us, our Underlying Carrier, or third-party services, as described in our Privacy Policy, available at www.link.mobi.  Additionally, your location information may be used by 911 and other emergency services, as described in Section 5.7.  Your location information may be unavailable if your Device is unable to acquire satellite signals and network coverage, which may prevent you, us, and other services from accessing your location.  Satellite signals and network coverage may be unavailable due to a variety of factors beyond our control, as described in Sections 5.3 and  5.4.  We do not warrant or guarantee that location-based services will be available at any specific time or geographic location.  You may be able to configure the settings on your Device or in third-party services to restrict or disable the sharing of your location information.  It is your responsibility to notify individuals who may use your Device that it may be location enabled.  
   
   5.7. 911 and Other Emergency Services
   Your Device’s location information may be used to assist emergency services in finding you, but you should always be prepared to provide both your location information and phone number when contacting 911 or other emergency services.  Wireless devices may not always be able to provide 911 dispatchers with your exact location or other information when you make an emergency call.  Even when location information is transmitted from your wireless Device to a dispatcher, the information may not be accurate.  If you attempt to make an emergency call from your wireless Device in an area where there is no wireless coverage, your call may not go through, in which case, you should try calling again from the nearest landline phone.  Link Mobile does not guarantee that your location information will be transmitted to emergency dispatchers or that any location information that is transmitted will be accurate.  Nor does Link Mobile guarantee that you will be able to contact emergency services in areas where there is limited or no wireless coverage.
   
   ‍For data-only plans:  Your data-only plan does not allow you to contact 911 or other emergency services.   Please use a non-data-only line or a landline phone to contact 911 or other emergency services.  Link Mobile does not guarantee that your location information will be transmitted to emergency dispatchers or that any location information that is transmitted will be accurate, nor does Link Mobile guarantee that you will be able to contact emergency services in areas where there is limited or no wireless coverage.
   
   5.8. Third-Party Content and Applications
   ‍Devices may be used to access and disseminate third-party content and applications through the Services.  Some content and applications may: (i) harm your Device or its software; (ii) infringe on the rights of others; (iii) be unreliable, inaccurate, or incomplete; (iv) be offensive, indecent, or objectionable; or (v) be unsuitable for minors.  When you access, download, install, or use third-party content and applications, you may voluntarily or involuntarily provide information to third-party content and applications providers.  You are solely responsible for evaluating the third-party content and applications accessed while using the Device and Services.  By allowing a minor to use the Device and Services, you are consenting to the minor being able to access any third-party content and applications available through the Services and provide information to the third-party content and application providers; we strongly recommend that you monitor the third-party content and applications accessed by minors using the Device and Services.  Link Mobile does not control and is not responsible for the third-party content and applications accessed or disseminated using the Device or Services.  We may, but do not have the obligation to, monitor, review, and restrict or refuse to transmit certain third-party content and applications.  Link Mobile is not a publisher of third-party content and applications.  When you access, download, install, or use third-party content and applications, you are subject to the terms and conditions and privacy policies of those third-party content and applications.  You may review our Privacy Policy, at www.link.mobi, to learn how you may provide information to third-party content and applications.  For assistance with third-party content and applications, contact the third-party developers or owners directly.
   
   5.9. Phone Numbers and Porting
   You must accept the phone number we assign to you at the time you subscribe to Link Mobile ’s Services.  We reserve the right to change your mobile phone number at any time, but we will attempt to notify you prior to any such change.  You can switch your number to another Link Mobile Device at no additional charge.  Except for any legal right you may have to transfer (“port”) your phone number to or from another carrier, you have no and cannot gain any proprietary ownership or other rights to any phone number we assign to you, your Device, or your account.  We do not guarantee that numbers ported to or from Link Mobile will be successful.  To request to port a phone number to or from Link Mobile, please contact Link Mobile Customer Service by dialing 611 from your Link Mobile Device or calling toll-free at (855) 610-1615.  Before you call to port a number to Link Mobile, please have a bill from your existing wireless or wireline provider available.  When you port a number to Link Mobile from another carrier, you are solely responsible for all charges billed or incurred prior to deactivation of service with your prior carrier and for any applicable early termination fees assessed by your prior carrier; Link Mobile will not reimburse you for these charges.  Due to compatibility issues, you may be required to purchase or obtain a new Device to use our Services after you port a number to Link Mobile, and you may be without Services until the new Device is configured.  If you authorize another carrier to port a number from Link Mobile, we will consider that a request by you to terminate all of your Services with us that are associated with that number and the termination will occur on the date the number is ported.  Notwithstanding our honoring port requests, any balance due will still be owed by you to us.  If your Services are terminated for any reason and you do not port your number to another provider, we may reassign the phone number you were using to another subscriber without notice.  You will not be able to transfer any unused talk, text, or data allotments on your Link Mobile account to your new provider and after the porting is completed, you will no longer be able to use our Services with that number.  Under no circumstance will we refund you for any Allotments or account payments if you port out your number.  If you port your phone number to or from Link Mobile, some Services, such as 911 location services, may not be immediately available through Link Mobile or the other carrier while the port is being processed.

6. ACCEPTABLE USE POLICY
   ‍You are only permitted to use Link Mobile ’s Devices and Services for lawful, personal, and non-commercial uses.  Subject to those limitations, voice and text service is solely for live dialogue between, and initiated by, individuals.  Data services are provided only for lawful, personal and non-commercial uses initiated by you, including web surfing, sending and receiving email, using messaging services for live dialogue between and initiated by individuals, sharing photographs, and the non-continuous streaming of videos, downloading files, participation in online gaming, and use of applications.
   
   Prohibited uses included those that are unlawful, harmful, or otherwise impact our ability or the ability of our Underlying Carrier to provide the Services to our or its subscribers.  You are responsible for all activity through your Device and Services, including any conduct by others, and are liable to Link Mobile for any prohibited uses or damages resulting from prohibited activities or uses that occur using your Device or Services.  Prohibited uses include, but are not limited to:
   
   a) Infringement: Infringing or otherwise violating any intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right, which may result from the unauthorized copying, distribution, posting, editing, or modifying of pictures, logos, software, articles, musical works, and videos.
   b) Unlawful, Offensive, and Harmful Conduct or Content: Engaging in conduct or dissemination of content that is unlawful, libelous, slanderous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, inciting unlawful or violent acts, or otherwise objectionable.  Without limiting the foregoing, you may not access or use our Devices or Services in any manner for the transmission or dissemination of images containing child pornography.  We reserve the right to remove or delete any content you have disseminated using our Services that, in our sole discretion, have determined violates this Agreement or is otherwise objectionable.
   c) Fraudulent Conduct: Engaging in any fraudulent activity, including, but not limited to: (1) conducting fraudulent business operations and practices; (2) offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes); and (3) individual or business representation as an authorized third-party affiliation or agent for a business entity without the business’ prior consent.
   d) Falsification/Impersonation: Using the Device or Services to impersonate any person or entity; falsely state, mask, or otherwise misrepresent yourself or your affiliation with any person or entity; or create a false identity for the purpose of misleading others.  Without limiting the foregoing, you may not use invalid or forged headers, invalid or non-existent domain names, false date or time stamps, false originating e-mail addresses or other identifiers, or other means of deceptive addressing.
   e) Commercial, Unsolicited, and Spam Communications: Using the Services to distribute, publish, send, or engage in: (i) commercial, marketing, advertising, or promotional communications or solicitations to any person without the person’s consent; (ii) spam, chain mail, bulk messages, automatically generated messages, numerous copies of the same or substantially similar messages, empty messages, or messages that contain no substantive content; and (iii) telemarketing, autodialed, or prerecorded communications.  This includes using our mail servers or another site’s mail server to relay messages without the express permission of the account holder or the site.
   f) Violation of Third-Party Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, website, or application you access.
   g) Excessive Utilization of the Services: Engaging in excessive use of the Services relative to typical usage by other Link Mobile customers on similar service plans, including making or receiving an abnormally high number of calls, sending or receiving an unusually high number of messages, repeatedly placing calls of unusually long duration, or consuming a disproportionate amount of available network resources, including data.  Such activities suggest the Services are being used other than for personal, non-commercial use in violation of this Agreement and may impair or degrade use of the Services by other customers.
   h) Uses Causing Excessive Utilization of Services: Continuous, unattended, or excessive streaming, downloading, or uploading of videos, music, or other files; using applications that automatically consume disproportionate amounts of network resources, are designed for unattended use, operate as automatic data feeds, constitute automated machine-to-machine connections, or are used in a way that degrades network capacity or functionality; using the Services in connection with server devices or to operate a hosting service; using the Services as the functional equivalent of a private or dedicated access line or an access point for intra-company private branch exchange services; maintaining open lines of communication for extended periods of time (e.g., baby monitoring or other monitoring services); and placing or receiving an abnormally high number of calls or repeatedly placing or receiving calls which result in abnormally long call lengths or high costs, including operating a dispatch service, excessive use of multi-party calling features or separate calls that are not bridged together, and excessive use of single party or multi-party chat line services.
   i) Traffic Pumping/Access Stimulation: Using the network for any and all activities that are designed to generate traffic to increase the intercarrier compensation billed to Link Mobile, including to dial telephone numbers associated with free conference calls, free chat lines, or similar services that are used for traffic pumping/access stimulation.
   j) Unauthorized Information Collection: Using our Services for unauthorized information collection, including, but not limited to: phishing, spidering, harvesting, or any other unauthorized collection of e-mail addresses, screen names, or other identifiers of others, using software (including “spyware”) designed to facilitate such activity; or conducting commercial research or commercial data collection, including collecting responses from unsolicited messages.
   k) Malicious Software: Distributing, publishing, or posting content that is malicious software (i.e., malware) into the network or through the Services, including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data, or personal information.
   l) Hacking: Without the express prior authorization of the owner of any data, systems, or networks, accessing or using such data, systems, or networks, including attempting to gain unauthorized access to, alter, or destroy any information that relates to any Link Mobile subscriber or other end-user and attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures.
   m) Interception: Monitoring data or traffic on any system or network without the express prior authorization of the owner of the system or network.
   n) Intentional Interference: Interfering with service to any user, host, or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks.
   o) Device Modifications: Unlocking, re-flashing, rooting, tampering with, altering, or otherwise modifying your Link Mobile Device or its software without authorization.
   p) SIM Card Modifications: If your Device has a SIM card, without authorization, removing the SIM card, placing the SIM card in another Device, or altering, bypassing, copying, deactivating, reverse-engineering, or otherwise circumventing or reproducing the stored encoded information stored or the encryption mechanisms of the SIM card.
   q) Signal Enhancements: Installing, deploying, or using any regeneration equipment or similar mechanism (e.g., a repeater or signal booster) to originate, amplify, enhance, retransmit, or regenerate a transmitted radiofrequency signal, unless authorized by Link Mobile.
   r) Tethering: Tethering your Device to another device, computer, modem, or other equipment for the purpose of using the data Service, except as required by federal or state law or regulation, or as expressly described to you in writing or the terms of your service plan.
   s) Miscellaneous: Reselling or leasing the Services; using the Service for commercial activities; using the Services for pager or voicemail retrieval service; engaging in any other conduct that could or does harm or adversely affect our other subscribers, employees, business, reputation, network, property, Services, operations, or any other person; or assisting, facilitating, or allowing anyone else to do or attempt to do any of the above activities.
   
   This Acceptable Use Policy, including the prohibited uses, applies to all Link Mobile Service Plans, including plans with unlimited talk, text, and data Allotments.  If you use unlimited Allotments for anything other than personal, non-commercial use or engaging in any other unauthorized, excessive, or abusive use, including uses prohibited by this Acceptable Use Policy, we may, at our sole discretion, terminate, suspend, modify, or limit your Services, as discussed in Section 7.  
   
   You are responsible for all fraudulent use of your Device and the Services.  In the event you discover or reasonably believe your Device or the Services are being used for fraudulent activities, you must immediately notify Link Mobile at (855) 610-1615.  In the event Link Mobile discovers or reasonably believes your Device or the Services are being used for fraudulent activities, Link Mobile may take action to prevent such fraudulent activities from taking place, including the termination, suspension, modification, or limitation of your Services, as discussed in Section 7.
   
   Always use your Device in a safe manner that does not create a risk to your safety or the safety of others around you.  While driving, use a hands-free mechanism for your wireless Device and do not use your wireless Device to send text messages.
   
   You agree that a violation of this Acceptable Use Policy harms Link Mobile, which cannot be fully redressed by money damages, and that we shall be entitled to immediate injunctive relief in addition to all other remedies available without the requirement to post a bond.  If you want to report any violations of this Acceptable Use Policy, please email us at support@link.mobi.

7. TERMINATION, SUSPENSION, MODIFICATION, AND LIMITATIONS OF YOUR SERVICES
   ‍Either party may terminate the Services, which will terminate this Agreement, at any time on advance notice to the other party with or without cause.  Under FCC rules, Link Mobile must terminate your service, upon notice to you, if we have a reasonable belief that you no longer qualify for ACP, if you fail to timely recertify, or if you fail to use your Device for thirty (30) consecutive days, as described in section 1.14.  Additionally, Link Mobile may, at any time, with or without prior notice, and at our sole discretion, terminate, suspend, modify, or limit your Services if:
   
   (a) we know or suspect you or someone using your Device or Services violated or attempted to violate this Agreement, including the Acceptable Use Policy in Section 6, or any other Link Mobile policies or terms and conditions, including the terms and conditions of your Service Plan;
   (b) we know or suspect you used or attempted to use false or fraudulent means to obtain our Services, including ACP services;
   (c) we know or suspect you violated or attempted to violate any applicable laws or regulations, including ACP laws or regulations;
   (d) we know or suspect that you have committed a criminal or harmful act against Link Mobile or any of our employees or agents;
   (e) we know or suspect you are using our Services for fraudulent purposes;
   (f) we know or suspect you have engaged in improper, illegal, or unauthorized use of your Link Mobile Device;
   (g) reimbursement of your ACP benefits has been denied for reasons related to your eligibility;
   (h) your payment is returned unpaid, you fail to make all required payments when due, any payment is past due, or we reasonably believe there has been fraudulent payment activity in connection with your Services;
   (i) you provide inaccurate or misleading credit information, your credit has deteriorated, you become insolvent or bankrupt, or we otherwise believe that there is a risk of non-payment;
   (j) your actions expose Link Mobile to sanctions, prosecution, civil action, or other liability;
   (k) your actions cause harm or interfere with the integrity, security, or normal operations of our network or that of our Underlying Carrier;
   (l) your actions interfere with another subscriber’s ability to use the Services;
   (m) your actions otherwise present an imminent risk of harm to Link Mobile or its subscribers.
   (n) we discover you are under 18 years old and therefore incapable of contracting for goods and services or ineligible to receive ACP services;
   (o) you threaten, harass, abuse, offend, or use vulgar, derogatory, or inappropriate language toward our employees, agents, or any person whom you contact using our Services or your Device;
   (p) we are ordered to do so by any federal or state government entity with authority to do so;
   (q) a condition immediately dangerous or hazardous to life, physical safety, or property exists;
   (r) we cease to provide Services in your area; or
   (s) for any other operational or governmental reason.
   
   We may terminate or suspend talk, text, and data Services individually or collectively.  Upon termination, any unused Allotments will expire, and you will not receive a refund.  Additionally, upon termination, Link Mobile may reassign the phone number you were using to another subscriber without notice.  Limitations of your Services may include any method discussed in Section 5.5.  We may modify your Services by changing your Service Plan or features.  We are not liable for any harms that may result from termination, suspension, modification, and limitations of your Services and you will not receive a refund or credit from Link Mobile for any unused or unusable talk, text, and data allotments as a result of such termination, suspension, modifications, and limitations.  
   
   You can request that we terminate your Services by contacting Customer Service by dialing 611 from your Link Mobile Device or calling toll-free at (855) 610-1615.

8. WARRANTIES, LIABILITIES, AND INDEMNIFICATION
   8.1. Warranty Disclaimer
   Link Mobile makes no representations or warranties, express or implied, including without limitation, any implied warranty of merchantability, suitability, non-infringement, or fitness for a particular purpose, or performance to you or any other person or entity in connection with, arising out of, or relating to the Services or Devices, to the fullest extent permitted by law.  We do not authorize anyone to make warranties on our behalf.  We do not guarantee uninterrupted or error-free Services, wireless coverage, or particular service speeds or quality of service.  We also 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 should implement appropriate safeguards to secure your Device and any other equipment you may use with the Services.  We do not manufacture any Devices or equipment that are used with our Services and are not responsible for any defects, acts, or omissions of the manufacturers, including any warranty, patent, or licensing obligations.  Notwithstanding the foregoing, the manufacturer of your Device may provide you with a warranty.
   
   8.2. Limitation of Liabilities
   To the fullest extent permitted by law, you agree that Link Mobile and all parents, subsidiaries, affiliates and their past, present, and future officers, directors, employees, agents, representatives, partners, licensors, successors, and assigns shall not be liable, whether or not due to our or their negligence, for any:
   
   a) act, omission, or error by you or a third party, including third-party service providers or vendors;
   b) charges for any products or services provided by third parties and accessed through or for use with our Services;
   c) claims against you by third parties;
   d) mistake, omission, interruption, outage, error, failure, delay, defect, or limitation in the provision of Services;
   e) deficiencies or problems with a Device or network coverage (e.g., dropped, blocked, interrupted Services, etc.);
   f) damage, injury, or loss caused by or arising out of your use of the Services, including traffic or other accidents and health-related risks or issues, or our suspension or termination of the Services;
   g) damage, injury, or loss caused by any interruption, failure, or delay in accessing or attempting to access emergency services from a Device or using the Services, including 911 services;
   h) interrupted, failed, or inaccurate location services;
   i) quality, appropriateness, accuracy, or suitability of any content, information, or applications you may access while using the Service;
   j) information or communications that are blocked by a spam filter or that we otherwise restrict or block consistent with this Agreement;
   k) damage, harm, or loss that may result from your communications being intercepted;
   l) unauthorized access to your account caused by your actions or that circumvent our reasonable security measures;
   m) unauthorized access to your Device;
   n) changes in operation, equipment, or technology that cause your Device or software to be rendered obsolete or require modification;
   o) damage to or loss of any information or data stored on your Device or any other equipment you use with the Services (including when we service your Device);
   p) loss or disclosure of sensitive information you transmit when using the Services (including any damage, loss, harm, or disclosure that results from malware);
   q) default, delay, damage, or harm due to factors beyond our control (i.e., force majeure events, as described in Section 10.7; or
   r) unauthorized or disputed charges for Link Mobile services that appeared more than 15 days earlier on your online account statement and which you did not properly dispute within 15 days after the charge was posted to your account (no fiduciary or other special relationship exists between you and Link Mobile by virtue of this Agreement or your use of Link Mobile Devices and Services.
   
   To the fullest extent permitted law, Link Mobile shall not be liable for any indirect, special, punitive, incidental, exemplary, or consequential losses or damages you or any third party may suffer by use of or inability to use your Device or the Services, including loss of business or goodwill, loss of revenue or profits, property damage, costs for replacing products and services, or claims of personal injuries.  To the fullest extent permitted by law, our liability for monetary damages for any claims you may have against us shall not exceed the total amount of charges paid for the applicable products or services.  The above limitations of liability will apply regardless of the theory of liability, including fraud, misrepresentation, breach of contract, personal injury, negligence, or product liability.
   
   8.3. Indemnification
   To the fullest extent permitted by law, you agree to defend, release, indemnify, and hold harmless Link Mobile and parents, subsidiaries, affiliates and their past, present, and future officers, directors, employees, agents, representatives, partners, licensors, successors, and assigns from and against any and all losses, claims, liabilities, injuries, costs, penalties, damages, settlements, and expenses (including taxes, fees, fines, penalties, interest, expenses, and attorneys’ fees) arising out of or relating to, directly or indirectly, your or any other person’s use of a Device or the Services, whether based in contract or tort (including strict liability) and regardless of the form of action; your acts or omissions, including your breach or violation of this Agreement, other Link Mobile policies, or any applicable statutes, ordinances, laws or regulations of any federal, state, or local authority; and claims arising in whole or in part from the alleged negligence of Link Mobile .  If we reasonably determine that a claim might adversely affect Link Mobile, you will use counsel reasonably satisfactory to us to defend each claim, you will not consent to the entry of a judgment or settle a claim without our prior written consent, and we may take control of the defense at our expense (and without limiting your indemnification obligations).  This obligation shall survive termination of your Services with Link Mobile.

9. DISPUTE RESOLUTION AND ARBITRATION
   
   PLEASE READ THIS CAREFULLY.  IT AFFECTS YOUR RIGHTS.
   
   ‍Most subscriber concerns can be resolved quickly and to the subscriber’s satisfaction by contacting Link Mobile Customer Support by dialing 611 from your Link Mobile Device or calling toll-free at (855) 610-1615.  In the unlikely event that the Customer Support is unable to resolve a complaint you may have to your satisfaction (or if Link Mobile has not been able to resolve a Dispute it has with you after attempting to do so informally), those Disputes will be resolved through binding arbitration or small claims court as described in this section.
   
   ‍9.1. Arbitration Agreement
   
   WE (you and Link Mobile) EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OUR SERVICES, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT.
   
   ‍This includes any claims against other parties relating to Services or Devices provided or billed to you (such as Link Mobile ’s suppliers, Dealers, or third party vendors) whenever you also assert claims against us in the same proceeding.  We each also agree that the Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision in Section 9.4).  
   
   THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.  THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).
   
   If the arbitration provision applies or you choose arbitration to resolve your disputes, then either you or Link Mobile may start arbitration proceedings.  You must send a letter requesting arbitration and describing your claim to Link Mobile ’s registered agent (see Section 9.5) to begin arbitration.  The American Arbitration Association (AAA) will arbitrate all disputes.   For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply.   The AAA rules are available at www.adr.org or by calling 1-800-778-7879.   Upon filing of the arbitration demand, Link Mobile will pay all filing, administration and arbitrator fees for claims that total less than $75,000.   For claims that total more than $75,000, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules.   An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees.  In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs.  Except for claims determined to be frivolous, Link Mobile agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.
   
   9.2. CLASS ACTION WAIVER WE (YOU AND Link Mobile) EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.  If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, then the arbitration agreement will be void as to you.
   
   9.3. Small Claims
   You and Link Mobile retain the right to seek remedies in small claims court for disputes or claims within that court's jurisdiction, unless such action is transferred, removed or appealed to a different court.   Any court having jurisdiction may enter judgment on the arbitrator's award.  This Arbitration Provision shall survive any termination, payoff or transfer of this contract.  If any part of this Arbitration Provision, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable.   If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this Arbitration Provision shall be unenforceable.
   
   Notwithstanding the foregoing, you maintain your right to file a complaint with the FCC, your state’s Public Service Commission, or any other federal or state government that may, if permitted by law, seek relief against us on your behalf.
   
   9.4. Governing Law, Venue and Jurisdiction, and Court Proceedings
   
   ‍Except to the extent preempted by or inconsistent with applicable federal law and as otherwise described herein, this agreement is governed by the laws of Delaware, without regard to choice of law principles, conflicts of laws rules, or your actual state of residence.  For any claim that proceeds in court rather than in arbitration, we each waive our right to a jury trial and any claims for punitive or exemplary damages.  Unless otherwise specified herein, any Disputes of a legal nature, whether a claim, complaint, arbitration demand, or otherwise that is not subject to the mandatory arbitration provision, shall be subject to the exclusive jurisdiction of the federal or state courts located within the Delaware.
   
   9.5. Registered Agent Information
   
   Link Mobile ’s Registered Agent Contact Information:
   
   The Corporation Trust Company
   Corporation Trust Center
   1209 Orange Street,
   Wilmington, DE 19801

10. MISCELLANEOUS
    10.1. Application of Tariffs
    Link Mobile may elect or be required to file informational tariffs with the appropriate regulatory body in certain states describing our terms and rates for our delivery of certain Services.  To the extent that any provision of a tariff is inconsistent with the terms of the Agreement, the terms of the Agreement shall apply and the terms of the tariff shall not apply.
    ‍
    10.2. Consent to Receive Communications
    Link Mobile may occasionally need to communicate with you about your Services.  We may do so without your consent in certain instances, for example in emergency situations or for service-related communications where you are not charged for the message.  In addition, you have a right, and we have a duty, under federal law, to protect the confidentiality of CPNI.  You hereby provide consent for us or our authorized agents or representatives to use your CPNI to market communications-related services to you.   You may restrict our right to use CPNI for marketing purposes at any time.  Denial of approval will not affect the provision of the services we provide to you.   Any approval, or denial of approval for the use of CPNI outside of the service to which you already subscribe is valid until you affirmatively revoke or limit such approval or denial.
    
    Further, you provide consent for Link Mobile or our authorized agents or representatives to contact you using live, automated, or prerecorded messages (including artificial voice technologies) to any landline, wireless, or facsimile telephone number, including via text messages to your phone.   We may contact you for service-related, informational or marketing purposes via these methods.   You also provide consent to contact you, regardless of whether your number is listed on the Do-Not-Call Registry or a state equivalent registry.   Consent to such contacts is not a condition of service and may be revoked at any time.
    
    Finally, you provide consent for us to contact you for any reason, including for marketing purposes via the email address we assign you or you provide in connection with your service.
    
    You agree that we also have the consent to contact any authorized user on your account for Service or payment-related reasons via any of the methods described above.  Some of these communications may result in charges to you.   Your consent to be contacted via any of the methods described above may be revoked at any time by any reasonable means.   Please review our Privacy Policy, at www.link.mobi, for additional information about how you may revoke consent to receive communications.
    
    10.3. Modifications to this Agreement
    We may, at any time, modify any part of this Agreement; any other terms, conditions, and policies; our rates, fees, and charges; our Service Plans, features, and products; and our coverage areas, Underlying Carrier, and provisioning technology.  We will provide you with advanced notice of any modifications that have a material adverse impact on you or your use of the Services (other than changes to governmental fees, proportional charges for governmental mandates, and administrative charges).  We may provide you with notice of any other modifications, as described in Section 10.4 (Notices) or as otherwise required by any applicable law, regulation, or order.  If any regulatory body or a court of competent jurisdiction, issues a law, regulation, rule, or order that has the effect of materially increasing the cost to provide the Services or canceling, changing, or superseding any material term or provision of this Agreement (collectively “Regulatory Requirement”), then this Agreement shall be deemed modified in such a way as is consistent with the form, intent, and purpose of the Regulatory Requirement and otherwise as is necessary to comply with the Regulatory Requirement.  Material adverse modifications become effective thirty (30) days after we deliver notice to you or as otherwise specified in the notice.  All other modifications become effective when posted on the Link Mobile website, www.link.mobi, or as specified in any notice.  If you continue to access, use, or purchase Link Mobile Services on or after the effective date of such modifications, you accept those modifications.  Neither the course of conduct between you and Link Mobile nor common trade practice will act to modify any provision of this agreement.
    
    10.4. Notices
    We or our authorized agents may use any of the following methods to provide you with notices: correspondence to any physical address or e-mail addresses you have provided us; live or prerecorded calls, voice messages, or text messages delivered to your Device or any other phone number you have provided us; prerecorded messages when you attempt to place a call; in-app messages or push notifications; posting on our website; or by any other means Link Mobile deems practicable.  You are responsible for updating your contact information with us when it changes.  Notices are treated as delivered when you accept a call; when delivered to a voicemail service associated with your service or an alternate telephone number you have provided to us, text messaging service, email address you have provided to us, or Device; when posted on our website or in an application; and three (3) days after mailed to your last known billing address.  Except as otherwise provided in this agreement, you must provide us notice by calling or sending correspondence to us using the contact information provided in Section 11.
    
    10.5. No Third-Party Beneficiaries
    This Agreement is solely for the benefit of you, Link Mobile, and our parents, affiliates, subsidiaries, agents, and predecessors and successors in interest.  No provision of this Agreement shall be deemed to confer on any third parties any remedy, claim, liability, reimbursement, cause of action, or other right or benefit.
    
    10.6. Assignment
    You may not transfer or assign this Agreement or any of your rights or obligations under it, by operation of law or otherwise, without our prior written consent.  We may transfer or assign all or part of this Agreement, or your debts to us, without notice.  Upon our transfer or assignment of this Agreement, Link Mobile shall be released from all liability with respect to this Agreement.
    
    10.7. Force Majeure
    Neither party shall be liable for any default or delay in the performance of its obligations hereunder (excluding any payment obligations) if and to the extent that such default or delay arises out of causes beyond their reasonable control, including, without limitation, acts of God, including weather-related phenomenon, earthquakes, and floods; fires; acts of war or terrorism; civil disorders, including riots, rebellions, and insurrections; labor disputes, including strikes, lockouts, and work stoppages; medical emergencies, including pandemics and quarantine restrictions; network problems, including cable cuts, power outages, network failures, and computers viruses; and any other catastrophes, national emergencies, or government orders or acts.  The time for any performance required hereunder shall be extended by the delay incurred as a result of such force majeure event, and if either party is unable to perform as a result of such event, it shall act with diligence to correct or mitigate such event.
    
    10.8. Enforcement and Waiver
    Link Mobile has the right, but not the obligation to, monitor, investigate, restrict, enforce, bring civil litigation, press charges, or engage in any other self-help regarding any actual, attempted, or suspected violation of this Agreement.  Link Mobile will determine, in its sole discretion, whether you violated or attempted to violate any of the provisions of this Agreement, including the Acceptable Use Policy.  If we determine or suspect that you violated or attempted to violate this Agreement, we may terminate, suspend, modify, or limit your Services, as described in Section 7.  Additionally, we may report actual or suspected criminal offences to appropriate law enforcement authorities.  Link Mobile will cooperate with law enforcement investigations where criminal activity is suspected, and you agree to cooperate with any such investigations.  Any waiver of or failure to enforce any provision or prohibition in this Agreement in one instance shall not be construed as a waiver of any provision or right in another instance.  
    
    10.9. Survivability
    Any rights, obligations, commitments, or provisions in this Agreement that, by their nature or context, are intended to or would logically continue to apply following termination of Services or of this Agreement survive termination of the Services and this Agreement, including, but not limited to, those relating to complaints, payment obligations, restrictions on the use of Devices, 911 and emergency communications, limitation of liability, and dispute resolution (including no class action and no jury trial).
    
    10.10. Severability
    If any part or provision of this Agreement, including any part of its arbitration clause or Acceptable Use Policy, is deemed unlawful, void, or for any reason unenforceable by a court or agency of competent jurisdiction, that part shall be interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties or shall be severed from this Agreement in that jurisdiction if required and the remaining provisions of the Agreement shall remain in full force and effect.
    
    10.11. Headings
    Section headings are for descriptive, non-interpretive purposes only.
    
    10.12. Language
    The original version of this Agreement is in the English language.  Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version.
    
    10.13. Integration
    This Agreement and any other policies, documents, or agreements incorporated by reference herein or therein represent the complete agreement between you and Link Mobile.  It supersedes any and all prior or other agreements, arrangements, representations, contracts, warranties, advertising, statements, offers, guarantees, assurances, and understandings relating to the subject matter of this Agreement, whether written or oral, including any other documents or statements by any sales representative, service representative, or other agent.

11. CUSTOMER SERVICE CONTACT INFORMATION
    If you have any questions, concerns, comments, or complaints regarding your Services, your bill, or this Agreement, please contact Link Mobile Customer Service using the following information:
    
    Email: support@link.mobi  
    
    Phone: (855) 610-1615 or 611 from your Link Mobile Device during normal business hours: Monday through Friday from 9am to 5pm MST.
    
    If Link Mobile is unable to resolve your issue, you may file an informal consumer complaint with the FCC at 888-CALL-FCC (888-225-5322), or at https://consumercomplaints.fcc.gov/hc/en-us.

Privacy Policy

Last Updated: February 1, 2024

INTRODUCTION AND OVERVIEW

Link Mobile, Inc. (“Link Mobile,” “we,” “our,” or “us”) is committed to protecting your privacy.  This Privacy Policy is provided to help you better understand the kinds of information Link Mobile collects from and about you when you visit our Website (“Site”), use our mobile applications (each an “App”) and use our online services, devices, products, or services (collectively referred to as the “Services”).

This Privacy Policy applies to you and anyone who a) applies for Wireless Services or government benefits available for eligible applicants in conjunction with our Services; and/or b) uses our Services under your account, except where we identify for you that separate terms and conditions apply.

Please take a moment to review the full terms of our Privacy Policy below, because by accessing and using the Site containing a link to this Privacy Policy, or by using our Services where a link to this Privacy Policy is provided, you agree to the terms and conditions of this Privacy Policy and any updates we make to it.  If you do not agree to the terms and conditions of this Privacy Policy, then please do not provide us with your information.  Please note, however, that if you choose to limit the information that you provide to us while using the Site, you may not be able to use or participate in certain features of the Site.

This Privacy Policy is part of the Terms and Conditions and Agreement to Arbitrate Disputes and Judge or Jury Trial Waiver governing the use of our Services, available at www.link.mobi.  To the extent that any provision or clause in our Terms and Conditions conflicts with any provision or clause in this Privacy Policy or a specific service plan we offer, the terms of those more specific documents will govern.

Contents

1. DEFINITIONS
2. PROTECTED HEALTH INFORMATION
3. TYPES OF PERSONAL INFORMATION WE COLLECT ABOUT YOU
4. THE PERSONAL INFORMATION WE COLLECT
   4.1. Personal Information You Provide Directly to Us
   4.2. Personal Information Automatically Collected from You
   4.3. Personal Information We Receive from Third Parties
5. HOW WE USE PERSONAL INFORMATION WE COLLECT ABOUT YOU
6. HOW WE SHARE OR ALLOW ACCESS TO YOUR PERSONAL INFORMATION
7. HOW YOU MIGHT SHARE YOUR INFORMATION WITH THIRD PARTIES
8. YOUR RIGHTS AND OUR OBLIGATIONS RELATED TO YOUR CUSTOMER PROPRIETARY NETWORK INFORMATION
9. YOUR ADVERTISING CHOICES AND CONSENT OPTIONS
10. HOW WE STORE, RETAIN, AND PROTECT PERSONAL INFORMATION WE COLLECT ABOUT YOU, AND HOW LONG WE KEEP YOUR PERSONAL INFORMATION
11. GOVERNING LAW AND NOTICE TO NON-U.S. RESIDENTS
12. INFORMATION FROM CHILDREN
13. LINK MOBILE AND VARIOUS STATE PRIVACY LAWS
14. CHANGES AND UPDATES TO THIS PRIVACY POLICY
15. OUR CONTACT INFORMATION

1. Definitions

“Call Detail Information” means any information that pertains to the transmission of specific telephone calls, including, for outbound calls, the number called, and the time, location, or duration of any call and, for inbound calls, the number from which the call was placed, and the time, location, or duration of any call.  

“Device” means any phone, smartphone, tablet, accessory, or other device provided or sold to you by us or that you activate or use with our Services.

“Geolocation Data” means any data that is derived from a device and that is used or intended to be used to locate a consumer within a geographic area. 

“Precise Geolocation” means any data that is derived from a device and that is used or intended to be used to locate a consumer within a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet, except as prescribed by law or regulation.

“Personal Information” is information that identifies you or is reasonably capable of being associated with or linked, directly or indirectly, with you or your household.  It does not include aggregate, de-identified, and/or anonymous information that is not reasonably capable of being associated with or linked, directly or indirectly, with you or your household.

“Services” means voice telephony (“talk”), text messaging (“text”), broadband Internet access services (“data”), and any other services provided to you by us, services and devices subject to Affordable Connectivity Program discounts, and prepaid wireless service.  

“Underlying Carrier” means the wireless provider whose facilities we use to provide you wireless Services.

2. PROTECTED HEALTH INFORMATION

Applicable law and agreements may apply to and further restrict our use and disclosure of certain Personal Information that we collect, such as protected health information (“PHI”). PHI is defined under the Health Insurance Portability and Accountability Act and its implementing regulations (collectively, “HIPAA”), and generally refers to any information that:

• We create, receive, maintain, or transmit for or on behalf of a health care provider or health plan that is subject to HIPAA;
• Identifies you or reasonably can be used to identify you; and
• Relates to your past, present, or future physical or mental health or condition; the provision of health care to you; or the past, present, or future payment for the provision of health care to you.

PHI is subject to requirements under HIPAA, a federal law and set of regulations that protects the confidentiality of your PHI. In addition, incases where we only collect and handle PHI as a business associate of healthcare providers and health plans, we may only use or disclose PHI as permitted by those health care providers’ and health plans’ Notices of Privacy Practices and our business associate agreements with them. The PHI that we collect about you may be subject to more limited uses and disclosures than those described in this Privacy Policy. We recommend that you review your health care provider’s or health plan’s Notice of Privacy Practices to learn more about how your PHI may be used or disclosed and your rights with respect to your PHI (such as your right to access your own PHI).

Note that PHI does not include identifiable health information that we create, receive, maintain, or transmit on your behalf, including where we access health information from your health care provider or health plan on your behalf. Such information is considered personal information and is subject to this privacy policy, not HIPAA.

3. Types of Personal Information We Collect about you

Depending on how you interact with us or our Services, we may collect the following categories of Personal Information from or about you, including, for example:

• Identifiers, such as your name, address, e-mail address, telephone number, date of birth, internet protocol (“IP”) address, social security number, account name, username(s), social security number, driver’s license number, state identification card number, passport number, cookies, Electronic Device Identifiers such as “IMEI” (International Mobile Equipment Identity) and “ICCID” (Integrated Circuit Card Identifier).
• Information in customer records, such as your name, address, social security number, driver’s license or state ID card number, passport, phone number, insurance policy number, education, employment, bank account number, financial information.
• Financial information associated with you, such as such as credit card, debit card, checking account information, purchase and order history, and billing information related to your use of our voice and text services; documentation of participation in an eligible government low-income or financial assistance program, documentation demonstrating proof of income, or your Social Security number, each of which will only be used to determine Affordable Connectivity Program (“ACP”) eligibility.
• Health information about you that we collect on your behalf, such as medical records maintained by your health care providers, claims information maintained by your health plans, your medication history, and data from the Link Health app on your device (e.g., height, weight, sex, age, steps taken)
• Characteristics of protected classifications under State or Federal law, such as Tribal status (i.e., National Origin, Ancestry in California) to determine ACP eligibility.
• ‍Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, such as your purchase and order history, frequency of use, and quantity of use, your interaction with our communications and advertisement, broadband usage, your activity on your Device, and Customer Proprietary Network Information(“CPNI”), as described in the CPNI section below.
• Biometric information, such as interactive voice control communications with our customer service system, and recorded audio interactions with our customer service representatives.
• ‍Internet or other electronic network activity information, such as information about your use of the Services, including the date and time of your use, frequency of use, and quantity of use, your call history, your interaction with our communications and advertisement, broadband usage, your activity on your Device, CPNI as described in the CPNI section below, your internet protocol (“IP”) address, browser type, operating system, software version, Device type, Device model, and Electronic Device Identifiers (IMEI and ICCID).
• Geolocation Data, such as the location of your Device when it is connected to our network and our Underlying Carrier’s network.
• Audio, electronic, visual, thermal, olfactory, or similar information, such as interactive voice control communications with our customer service system, and recorded audio interactions with our customer service representatives.
• ‍Professional or employment-related information, such as employment status.
• Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C.  section 1232g, 34 C.F.R. Part 99), such as school enrollment information necessary to establish ACP eligibility.
• Sensitive Personal Information, such as your social security number, driver's license number, state Identification card number, and/or passport number; your login, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; and Precise Geolocation, as defined above.

4. THE Personal Information We Collect

We may obtain Personal Information about you in the following ways:

4.1. Personal Information You Provide Directly to Us

You may give us Personal Information, such as Identifiers, Information in customer records, Financial information associated with You, Professional or employment-related information, and Sensitive Personal Information, including when you apply for, subscribe to, or purchase our Services; communicate with us using our contact information; or provide us with your Device when you relinquish, exchange, return, or recycle your Device or provide it to us, our contractors, or our vendors for maintenance.  

4.2. Personal Information Automatically Collected from You

We, our service providers, or contractors may automatically or passively collect Personal Information, such as Internet or other electronic network activity information, Geolocation Data, Sensitive Personal Information (Precise Geolocation) when you use or interact with our Services, including through the use of network management technology and third-party analytics and advertising tools, which may use cookies, web beacons, pixel tags, log files, local shared objects (Flash cookies), HTML5 cookies, or other technologies to automatically or passively collect information about your use of and interaction with the Services.

Link Mobile may use standard technology called cookies on this Site.  Cookies are small data files that are downloaded onto your computer when you visit a particular web site.  You can disable cookies by turning them off in your browser, however, some areas of this Site may not function properly if you do so.  We use cookies to recognize you as a customer, to help track usage to help us understand which parts of the Site are the most popular, where our visitors are going, and how much time they spend there, to make usage of the Site even more rewarding as well as to study the effectiveness of our customer communications and to customize each visitor’s experience and provide greater convenience. We may transfer your Personal Information to third-party service providers in order to help us analyze usage, as discussed in further detail below.

4.3. Personal Information We Receive from Third Parties

We may collect any category of Personal Information from affiliates, business partners, federal and state regulators, subsidy program administrators, compliance and service support entities, or third parties (such as social media platforms, data aggregators, public databases, and other commercially available sources), which may include the information you provide those entities or that they automatically collect from you.

Please note that the information we may receive from those third-party sites (such as Facebook, Instagram, Twitter and YouTube) is governed by the privacy settings, policies and/or procedures of the applicable platform, and we strongly encourage you to review them before submitting any information using a social media platform.

In addition, you have a right under HIPAA (and potentially state law) to access certain of your health information maintained by “covered entities,” which include health plans and most health care providers. In accordance with this legal right, we may, on your behalf, retrieve and collect your health information from your health care providers and health plans. Because we are not considered a covered entity under HIPAA, such information is generally subject to this Privacy Policy, not HIPAA.

We may combine the various types of Personal Information we receive from or about you, including information you provide to us, information we automatically collect, and information from other sources, and use it as described in this Privacy Policy.

5. How We Use Personal Information We Collect About You

Except as otherwise prohibited by law or regulation, and subject to applicable instructions from you to us, we may use your Personal Information for a variety of business and commercial purposes, including for:

• ‍Verifying Eligibility and Subscribing You to Our Services.  To verify your identity and eligibility for the ACP and subscribe you to our Services, including to execute requests to port your phone number.
• ‍Providing, Improving, and Maintaining Our Services.  To provide, improve, and maintain our Services, including to: initiate and render our Services; help you communicate with your health care providers and health plans; except where prohibited by law, send you alerts or other communications based on your geolocation if you are near a health care facility; maintain the accuracy of the information we collect; track, measure, and analyze the usage and operations of our Services; maintain, manage, optimize, and resolve problems with our wireless networks, information technology, and our Services; develop and improve our business, content, products, and Services; and interact with third-party services, at your request.
• ‍Customer Service.  To respond to questions and comments about your account and Services, to communicate with you about your account status and technical issues, and for training or quality assurance purposes.
• Billing and Payments.  To complete your purchases, including billing and payment processing, which may involve the use of cookies.
• Preventing and Detecting Unlawful and Unauthorized Use.  To prevent and detect fraud, abuse, and other unlawful and unauthorized use of our Services, including to investigate possible violations of and enforce our Terms and Conditions and any other contracts, and to otherwise protect the security or integrity of the Services, our business and property, and our rights and interests, and those of you, our other customers, our service providers or contractors, and other businesses.
• Complying with Legal and Regulatory Obligations.  To comply with our legal and regulatory obligations, including responding to legal process, such as subpoenas, court orders, and search warrants.
• Emergency Situations.  To allow responses to 911 requests and for other emergencies or exigencies in cases involving danger of death or serious physical injury to you or any other person.
• Marketing and Advertising.  To serve you promotional offers, content, advertisements, and other marketing about our Services, or those of our affiliates, partners, and third parties, through our website, applications, social media, direct mail, email, or manual, autodialed, or prerecorded calls and texts, each with your consent, where necessary, including by: personalizing marketing and advertising to your interests (“interest-based advertising”); measuring, analyzing, and optimizing the effectiveness of our marketing and advertising; and using your comments and communications with us about our Services as customer testimonials (with only your first name and your last name initial) or for other purposes that benefit us.
• Conducting Surveys.  To administer surveys.

We may use your Personal Information as otherwise disclosed and explained to you at the point of collection and with your consent, where necessary.

6. How We Share or Allow Access to Your Personal Information

Except as otherwise prohibited by law or regulation, and subject to applicable instructions from you to us, we may disclose or allow access to your Personal Information for a variety of business and commercial purposes, including, for example:

• For Our Business Purposes and to Our Affiliates.  With our parent, subsidiary, and affiliate companies for business, operational, and legal purposes.
• ‍To Our Service Providers or Contractors in Order to Provide, Improve, and Maintain Our Services.  We use service providers or contractors who may need access to your Personal Information in order to provide services for us.  These organizations are contractually required to treat your Personal Information as confidential and to use Personal Information only to provide the services we request of them.
• To Coordinate and Manage Your Health Care. We may share your Personal Information, including health information, with your health care providers and health plans to help coordinate and manage your health care, including to: exchange communications between you and your health care providers and health plans, such as office visit reminders and medication adherence reminders; except where prohibited by law, send you alerts or other communications based on your geolocation if you are near a health care facility; schedule appointments with health care providers; conduct health risk assessments; and help your health care providers remotely monitor your symptoms and conditions.
• ‍Protect Our Services and Users.  With governmental authorities or other entities if we believe disclosure is necessary or appropriate to: protect against fraudulent, malicious, abusive, unauthorized, or unlawful use of our Services; protect our network, databases, Services, Devices, users, and employees from physical or financial harm; and investigate violations of our Terms and Conditions or other contracts.
• ‍For Identity Verification and Fraud Prevention Services in Order to Protect our Services and Users.  To help protect customers and consumers from fraudulent use of our Services, we share Personal Information or risk scores derived from such data with banks or other entities that provide us with fraud prevention services.
• For Legal Process and Protection.  We may disclose Personal Information to governmental authorities or other entities if we believe disclosure is necessary or appropriate, including:
  o  to protect against fraudulent, malicious, abusive, unauthorized, or unlawful use of our Services;
  o  to protect our network, databases, Services, Devices, users, and employees from physical or financial harm;
  o  to investigate violations of our Terms and Conditions or other contracts;
  o  to respond to subpoenas, court orders, search warrants, or other legal process;
  o  to respond to requests for cooperation from law enforcement or other government entities, including pursuant to the Communications Assistance for Law Enforcement Act (CALEA), which may require that we monitor or facilitate monitoring and otherwise disclose the nature and content of communications transmitted through the Services or Devices without any further notice or liability;
  o  to recover payment for previously billed Services;  
  o  to facilitate or verify the appropriate calculation of taxes, fees, or other obligations due to local, state, or federal governments and governmental agencies; and
  o  in emergency situations involving danger of death or serious physical injury to you or any other person, to respond to 911 requests, and for other emergencies or exigencies.
• ‍In a Business Transfer or Transaction.  We may disclose or transfer Personal Information as part of a corporate business transaction, such as a sale, assignment, divestiture, merger, bankruptcy, consolidation, reorganization, liquidation, or other transfer of the business or its assets.  If another entity acquires Link Mobile or any of our assets, your Personal Information may be transferred to such entity.  In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties.  Should such sale or transfer occur, we will use reasonable efforts to try to require that the buyer or transferee use your Personal Information in a manner that is consistent with this Privacy Policy.
• ‍For Commercial Marketing Purposes.  With our affiliates, service providers, contractors, or marketing partners for our marketing and advertising purposes, including when we use our marketing partner’s analytic and advertising tools, such as cookies, web beacons, pixel tags, log files, local shared objects (Flash cookies), HTML5 cookies, or other technologies that automatically or passively collect Personal Information from your use of our Services.

7. How You Might Share Your Information with Third Parties

When using our Services, you may choose to install, access, or use services offered by third parties, such as websites and applications. Please also refer to the Acceptable Use Policy inside our Terms and Conditions, available at www.link.mobi.  In some cases, our Services may have links to websites operated by third parties, plugins for social media services, or third-party advertisements.

When you interact with third-party services, you may be consenting to those third parties accessing, collecting, using, or disclosing your Personal Information through our Services or directing us to share or allow access to your Personal Information by those third parties, such as your IP address, browsing activity, or location information. Those services operate independently of our Services, and your Personal Information will be governed by their terms and conditions, including their privacy policies, not this Privacy Policy.  We encourage you to review the privacy policies of any third-party services that you use to better understand their privacy practices.  You may be able to restrict or disable the use and disclosure of certain information, such as your location information, using settings available on your Device or through the third-party services.

8. Your Rights and Our Obligations Related to Your Customer Proprietary Network Information

CPNI is information made available to us solely by virtue of our relationship with you that relates to the type, quantity, destination, technical configuration, geolocation data, and amount of use of the telecommunications services you purchase from us, as well as information related to the billing for those services.  

CPNI does not include subscriber list information such as name, postal address, or telephone number.  Under federal law, you have the right, and we have the duty, to protect the confidentiality of your CPNI.  When we share your CPNI with our service providers or contractors, we require them to take reasonable measures to protect the confidentiality of that information.  

We are permitted to use or disclose your CPNI for certain purposes without further notice or consent from you, including: to provide you with our Services; to market service offerings to you related to the services you purchase; to protect us, you, other subscribers, and other carriers from fraud, abuse, or unlawful use of the Services; and in an aggregate form.  We also may use your CPNI, or share it with affiliates and third-party agents, for the purpose of offering you communications-related products and services, packages, discounts, and promotions that may be different from the types of services you have already purchased.  

You have the right to opt out of use of your CPNI for marketing purposes and can submit an opt-out request by contacting us via email at privacy@link.mobi or call us at (855) 610-1615.  Opting out will not affect our provision of Services to you or our use of your CPNI for permitted purposes. If you choose to opt-out, your choice is valid until you choose to opt in.  You may also contact us to correct your CPNI or request that we disclose your CPNI to you.

We will not disclose your CPNI except when provided with your password, and we may implement other authentication measures.  If you do not provide a password, we may not release your CPNI to you except by sending it to your address of record or by calling you at your telephone number of record.  Be sure to use a strong password with our Services and not one you use for other services.  We may disclose your CPNI to any “authorized user” that you have designated to us in writing or to any person who is able to provide us with your password.

9. Your Advertising Choices and Consent Options

Google Analytics and Google AdWords.  We may use Google Analytics on our Sites to help us analyze traffic and improve services.  For more information on Google Analytics’ processing of Personal Information, please see http://www.google.com/policies/privacy/partners/.  You may opt-out of the use of Google Analytics here: https://tools.google.com/dlpage/gaoptout.  

Our Sites also use the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to our site. This could be in the form of an advertisement on the Google search results page or a site in the Google Display Network.  Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to our Sites.  Any data we collect will be used in accordance with this Privacy Policy, and Google is responsible to abide by its own privacy policy.  You can set your preferences for how Google advertises to you using the Google Ad Preferences page: https://adssettings.google.com.

You have certain choices and consent options related to the use and disclosure of your Personal Information for advertising purposes.  Exercising these choices and options will not affect our provision of Services to you.  Please note that these choices and options may not prevent you from receiving all advertising; you may continue to receive generic advertising from us or interest-based advertising from third parties, depending on how they operate.  

Interest-Based Advertising. You have choices and options concerning interest-based advertising on our Services or across other websites and online services as follows:

• To opt-out of collection and use of your Personal Information for     interest-based advertising by companies participating in the Digital     Advertising Alliance (“DAA”), please visit optout.aboutads.info or click     on the DAA icon when you see it on an online ad.
• To opt-out from the use of Personal Information about your online activities for interest-based advertising by Network Advertising Initiative (“NAI”) member companies, please visit optout.networkadvertising.org.
• To opt-out of the use of your mobile device ID for targeted advertising,     please visit www.aboutads.info/appchoices.
• To prevent your Personal Information from being used by Google Analytics to measure and improve marketing and advertising and understand the use of our Services, including through Google AdWords, Google Display Network Impression Reporting, DoubleClick Platform Integrations, and Google Analytics Demographics and Interest     Reporting, add the Google Analytics opt-out plugin to your browser,     available at tools.google.com/dlpage/gaoptout.
• To manage flash cookies, visit Adobe’s Global Privacy Settings Panel.
• You may be able to adjust your browser, computer, or device settings to disable cookies, remove or prevent the storage of HTML5, or control other advertising and analytics technology to stop or reduce the amount of interest-based advertising you receive, but doing so may prevent you from using certain features of our Services.

Marketing Communications.  In accordance with our Terms and Conditions, you provide consent for us to contact you via email, voice call or text, including manual, autodialed, and prerecorded calls and texts. You also provide consent for us to use CPNI for marketing purposes, as described in the Terms and Conditions. You may limit or revoke these authorizations as follows: 

• Call us at (855) 610-1615.
• Unsubscribe from our email communications following the unsubscribe instructions contained within our emails.
• Reply “STOP” to our text messages.

Your instructions to opt-out from these communications will be processed as soon as reasonably practicable.  Please note that exercising a marketing opt-out will not affect the services you receive and will not affect our right to contact you about the services to which you subscribe, including notifications regarding compliance obligations related to those services (e.g., non-usage, de-enrollment, and collection notices).  

Do Not Track.  Because Do Not Track (“DNT”) and similar signals do not yet operate according to common, industry-accepted standards, our Services may not respond to DNT signals. 

10. How We Store, Retain, AND Protect Personal Information We Collect About You, and How Long We Keep Your Personal Information

Link Mobile has implemented technology and security features, such as encryption, to safeguard the privacy of your customer specific information from unauthorized access or improper use and will continue to enhance our security measures as technology becomes available.  Unfortunately, there is no such thing as foolproof security on the Internet, and therefore, Link Mobile makes no guarantees with regard to the sufficiency of our security measures.

We will keep your Personal Information as long as necessary to provide your Services, or as otherwise required by federal or state law, subpoena, or court order.  

FCC regulations require us to keep:

• Affordable Connectivity Program (“ACP”) records for as long as an ACP participant receives a discount but no less than six (6) years.
• 911 call data for two (2) years.

The Personal Information we collect from or about you is stored on servers which we take commercially reasonable efforts to secure in the United States (“U.S.”), subject to the laws of the U.S.  Electronic access to the databases and physical access to the servers on which this Personal Information is stored are restricted to those employees, agents, contractors, service providers, and other third parties who have a business need for such access.  They will only access and use your Personal Information based on our instructions and they are required to keep your Personal Information confidential.  While we take reasonable steps to help ensure the integrity and security of our network and servers, we cannot guarantee their security, nor can we guarantee that your communications and information will not be intercepted while being transmitted over our underlying carrier’s network or the Internet.  

Your Personal Information is stored on servers in the U.S.; however, some of our service providers may store information on servers hosted in other countries.  As such, your Personal Information may be subject to the laws of other countries, where the data protection and other laws may differ from those of the U.S.  Should your Personal Information be transferred to other countries, we will require our service providers to protect your Personal Information.  Your Personal Information may be disclosed in response to inquiries or requests from government authorities or to respond to judicial process in the countries in which we operate.

Link Mobile may assign you a user ID and a password when you as part of your participation and access to the Site and your account.  Only you may use your user ID and password.  You may not share your user ID and password with anyone else, and you are solely responsible for maintaining and protecting the confidentiality of your user ID and password.  You are fully responsible for all activities that occur under your user ID.  You play a role in protecting your information as well.

11. Governing Law and Notice to Non-U.S. Residents

Our Services are solely intended for individuals located within the U.S. and its territories and are subject to U.S. law. If you are located outside of the U.S.  and its territories, please do not use the Services.  

If you do not reside in the U.S.  and provide Personal Information to us, please note that your Personal Information will be transferred, processed, collected, used, accessed and/or stored in the U.S.  and subject to U.S.  laws.  The laws in the U.S.  may not provide the same protections for your Personal Information as the jurisdiction in which you are located.  Do not provide your Personal Information to us if you do not want this information to be transferred or processed outside of your country, or if the laws in your country restrict such transfers.

12. Information from Children

Our Services are not directed toward children, and we do not knowingly collect Personal Information from children under the age of 13 (or under the age of 16 in California) without parental consent, unless permitted by law.

If you are a minor, please do not provide us with any Personal Information or use or access the Services without receiving your parent’s or guardian’s permission.  If we learn that we have collected any Personal Information from a child under the age of 13 (or under the age of 16 in California), we will take steps to delete the information as soon as possible.  If you believe that we might have any Personal Information provided by a child under 13 (or under the age of 16 in California), or if you are a parent or guardian of a child under 13 (or under the age of 16 in California) that has provided us with Personal Information without your consent, please contact us via email at privacy@link.mobi or call us at (855) 610-1615.

For clarification, you (as a customer) may provide us information about children within your family, such as school enrollment or school breakfast/lunch documentation, to qualify for the ACP or Lifeline.  That information may be collected and stored by our service providers and provided to the Universal Service Administrative Company (USAC).

13. Link Mobile and Various State Privacy Laws

We are not subject to the defined scope of many state privacy laws, such as the Virginia Consumer Data Protection Act (“VCDPA”), the Colorado Privacy Act (“CPA”) or the Connecticut Data Privacy Act (“CDPA”), and therefore the specific rights and obligations identified in these laws do not currently apply to us.  However, residents of these states may refer to these Privacy Policy provisions regarding our current data practices and may contact us regarding data inquiries or further information requests via the Our Contact Information section below.  We also recognize that privacy laws continue to evolve rapidly, so we are undertaking reasonable means to monitor developments in these laws and update our polices accordingly.

Transparency Disclosure

Last Updated:  November 8, 2023

This disclosure provides Link Mobile, Inc.’s (“Link Mobile”) customers (“you” and “your”) with information about the network management practices, performance characteristics, and commercial terms applicable to our mass market wireless broadband Internet access services (“Broadband Services”), consistent with the Federal Communications Commission’s Transparency Rule and applicable state laws and regulations.  Broadband Services provide customers with the ability to transmit and receive data from all or substantially all Internet endpoints.  As a Mobile Virtual Network Operator (“MVNO”), we provide our Broadband Services entirely by using the facilities of our underlying carrier, which is a leading nationwide mobile network operator (“Underlying Carrier”).  As a result, while we have some control over the network management practices and performance characteristics applicable to the Broadband Services you receive from us, we do not actively manage all aspects of the network and its performance—our Underlying Carrier retains control.

Nothing in this disclosure changes your rights and obligations, or ours, under our Terms and Conditions, available at www.link.mobi/policies#terms-and-conditions, or our Privacy Policy, available at www.link.mobi/policies#privacy-policy.  This disclosure is provided for informational purposes only and we may change it at any time, without notice.   Your broadband access will be provided as described in your specific service plan, which governs in case of any contradictions with this Transparency Disclosure.

Network Management Policy

How does Link Mobile manage congestion with respect to its Broadband Services?

Link Mobile strives to provide a high-quality Internet experience for all our customers via the resale of services on our Underlying Carrier’s network.  Because bandwidth is a limited resource and the network of our Underlying Carrier is shared among Link Mobile’s customers and other users of our Underlying Carrier’s network, it is essential that our Underlying Carrier engages in reasonable network management practices to benefit all users of the network.  Legitimate network management purposes typically include reasonable security practices by providing: confidentiality, integrity and availability of network services, reasonable measures to address traffic that is harmful to the network and providing services or capabilities consistent with customer’s choices regarding services offered.

When congestion occurs, you may experience reduced throughput or speed compared to non-congested times or to other users.  Our Underlying Carrier may independently prioritize service for certain of its subscribers which may result in your network speeds being reduced during times of network traffic congestion as determined by our Underlying Carrier.   Our Underlying Carrier may also use network management techniques to ensure the best possible experience for the most possible customers, including modifying the manner in which streaming video is delivered.  It also may prioritize emergency communications, including by law enforcement, public safety officials, or national security authorities, consistent with or as permitted by applicable law, which may impact other users of its network, including our customers.

Does Link Mobile limit data usage or provide customers with tools to monitor and control their data usage?

Link Mobile offers service plans with pre-established allotments of data at designated speeds per month and the opportunity to purchase additional data. Certain uses of the Broadband Services may not count against a customer’s data allotment, check your specific service plan for details.  If you use the Broadband Services in a manner that violates our Terms and Conditions, including our Acceptable Use Policy, available at www.link.mobi, we may suspend, terminate, or restrict your data session, switch you to a more appropriate data plan, or terminate your service.  Customers may determine their remaining data balance by contacting customer service at support@link.mobi, (855) 610-1615, or by dialing 611 through your Link Mobile Device.

Does Link Mobile block or throttle lawful Internet traffic based on content, application, service, or use of non-harmful devices or modify particular protocols?

No, Link Mobile does not block or throttle (including impair or degrade) lawful Internet traffic on the basis of content, application, content provider, or use of non-harmful devices on its Broadband Services, subject to reasonable network management.  Nor do we modify particular protocols, protocol ports, or protocol fields in ways not prescribed by the protocol standards.  Our Underlying Carrier optimizes streaming video to deliver video in DVD-quality (up to 2.5 Mbps).  Your plan may additionally be subject to data caps and throttling; please check your service plan for details.   As outlined in the Acceptable Use Policy in our Terms and Conditions, we or our Underlying Carrier may need to block or limit the flow of traffic from certain locations or take other appropriate actions in response to a specific security threat against the networks of our Underlying Carrier or our customers.

Does Link Mobile directly or indirectly favor some traffic over other traffic in its provision of the Broadband Services either in exchange for consideration from a third party or to benefit an affiliate?

No, Link Mobile does not directly or indirectly favor some traffic over other traffic (such as through prioritization, resource reservation, or traffic shaping) in its provision of the Broadband Services for any type of consideration from a third party or to benefit an affiliate.  During natural disasters and other emergencies, our Underlying Carrier may prioritize emergency communications, including those of law enforcement, public safety officials, or national security authorities, consistent with or as permitted by applicable law.

Does Link Mobile require consideration from edge providers in exchange for the non-discriminatory treatment of their content, application, service, or non-harmful device?

No, Link Mobile does not require consideration, monetary or otherwise, from edge providers (i.e., individuals or entities that provide any content, application, service, or non-harmful device) in exchange for the non-discriminatory treatment of their content, application, service, or non-harmful device, including, but not limited to, in exchange for transmitting traffic to and from our end users or preventing the blocking or throttling (including impairment or degradation) of the edge provider’s content, application, service, or non-harmful device.

Does Link Mobile unreasonably interfere with or unreasonably disadvantage: (1) an end user’s ability to select, access, and use the Broadband Services; (2) the lawful content, applications, services, or devices of the end user’s choice; or (3) an edge provider’s ability to make lawful content, applications, services, or devices available to end users?

No, subject to reasonable network management, Link Mobile does not unreasonably interfere with or unreasonably disadvantage: (1) an end user’s ability to select, access, and use the Broadband Services; (2) the lawful content, applications, services, or devices of the end user’s choice; or (3) an edge provider’s ability to make lawful content, applications, services, or devices available to end users.

What practices has Link Mobile adopted to manage network security?

Link Mobile takes the security of our customers very seriously.  As an MVNO, Link Mobile does not have the ability to manage the security of its Underlying Carrier’s network.  However, it is our understanding that our Underlying Carrier has implemented reasonable physical, technical, and administrative safeguards to help guard against a wide range of security threats.  Specifically, our Underlying Carrier proactively monitors network activity to help guard against a wide range of security threats, including viruses, botnets, worms, distributed denial of service attacks, spam, and other harmful activity.  Our Underlying Carrier also takes steps to neutralize identified threats.  Link Mobile uses industry-accepted security measures to secure out network.  Despite these security practices, Link Mobile cannot guarantee that you will not encounter unwanted, harmful, or malicious Internet traffic while using our Broadband Services or that information, during transmission through the Internet, while stored on our system, or otherwise in our care, will be safe from intrusion by others, such as hackers.  We encourage you to adopt your own reasonable security practices.  For additional information on our network security, please refer to the Service Security and Optimization section of out Terms and Conditions.

Does Link Mobile restrict the types of devices that customers can use with its Broadband Services?

Link Mobile customers may use any 4G or 5G-capable devices of their choice with our Broadband Services, so long as the devices are compatible with and do not harm or interfere with the networks of our Underlying Carrier and comply with all applicable laws, rules, regulations, and standards.  

What is geolocation data, and does Link Mobile collect or share my geolocation data?

Geolocation data is generally understood to be subscribers’ real-time location information or other information used to determine subscriber physical location when using Link Mobile’s services.   As an MVNO, Link Mobile does not collect, store, use or share subscriber geolocation data, except to the extent that such information is included on records reported from our underlying carrier.  Our underlying carrier may use and collect geolocation data as needed to support the services we provide to you.  Our Privacy Policy, located at www.link.mobi outlines Link Mobile’s privacy practices in detail including any that relate to Geolocation Data.

While Link Mobile does not collect, use, or share Geolocation Data other than described above, please be aware that applications on your Link Mobile device could collect and share data; please visit those applications’ Terms and Conditions, Privacy Policies, and other documentation to determine data collection and sharing by applications you access on your device using your Link Mobile device.  

Network Performance Characteristics

What factors affect the performance of Link Mobile’s Broadband Services?

Although our Underlying Carrier engineers and manages its network to provide optimal performance to all users and user types, including based on average and anticipated peak usage of the network, the end-to-end performance of our Broadband Services can depend on a variety of factors, many of which cannot be anticipated or are outside of our and our Underlying Carrier’s control, including: your location relative to our coverage area, your proximity to a cell site, the capacity of the cell site, the number of other customers connected to the same cell site, the number of customers simultaneously using the network, the services other users are using, topography, weather, obstructions, use inside a building or a moving vehicle, radio frequency interference, the capabilities of your device, the applications you are using, the server with which your device is communicating, the source or destination of your Internet traffic, overall traffic on the Internet, whether there are network outages, and applicable network management practices discussed above.  These factors can impact the availability of network resources for Broadband Services at any time.

What performance can I expect from Link Mobile’s Broadband Services?

Link Mobile offers mobile broadband Internet access service using its Underlying Carrier’s 4G LTE and 5G networks.  Performance of broadband Internet access services is generally evaluated based on speed and latency.  Because, as described above, our reasonable network management practices and a variety of other factors can affect the performance of our Broadband Services, neither we nor our Underlying Carrier guarantee specific performance when you use our Broadband Services.   Additionally, the specific terms of your service plan may limit the amount of high-speed data included with your service plan and the actual speeds associated with data allocations included in your service plan.   Reduced network speeds may increase the latency you experience.

Speed

Speed reflects the rate at which Broadband Services can transmit data packets.  This capacity is typically measured in the number of kilobits, megabits, or gigabits that can be transmitted in one second (kbps, Mbps, or Gbps).  Some applications, like a short email without attachments or basic web browsing, do not require high-speed service to function optimally.  Other activities, like transferring large data files, can be performed faster with higher-speed services.   Applications involving real-time or near real-time, high bandwidth uses, such as streaming video or video conferencing, may require high-speed service to function optimally.

The maximum download speeds achievable on the network of our Underlying Carrier are typically between 73 – 341 Mbps for 5G devices and 9 – 48 Mbps for 4G LTE devices.  The maximum upload speed is typically between 7 – 32 Mbps for 5G and 3 – 18 Mbps for 4G LTE devices.  Link Mobile provides its Services at speeds of at least 128 kbps download and upload, where the network will support such performance.  After you use your monthly high-speed data allotment included in your service plan, your data speed may be reduced or your data access may be suspended for the remainder of the billing cycle, please check your service plan for details.  Customers can receive additional data by upgrading their service plan to one with a higher data allotment or by purchasing a data top-up.  

Latency

Latency is the time that a data packet takes to travel between two points on the Internet, usually expressed as the round-trip time in milliseconds (ms).  Some applications, such as email, can tolerate a substantial amount of latency without any noticeable impact on the application’s performance.   Other applications, such as real-time video conferencing, require lower latency to function properly.  Latency may increase as speeds are reduced.  The minimum round-trip latency achievable on the network of our Underlying Carrier is typically between 19 – 37 ms for 5G and 24 – 40 ms for 4G LTE devices.  

Commercial Terms

Where can I find the rates and other fees that apply to Link Mobile’s Broadband Services?

Descriptions of the rates and fees applicable to our Broadband Services are described in our service plan offers and in our general Terms and Conditions, available on our website, www.link.mobi.   Link Mobile does not charge termination fees and is not responsible for any termination fees that may be imposed by another carrier that ports your number or benefits (e.g., Affordable Connectivity Program) to the Link Mobile platform.

Where can I find the Terms and Conditions and Acceptable Use Policy that apply to Link Mobile’s Broadband Services?

The Terms and Conditions (including our Acceptable Use Policy) can be found at www.link.mobi/policies#terms-and-conditions.

What are Link Mobile’s privacy practices for its Broadband Services?

Link Mobile’s Privacy Policy for our Broadband Services is set forth in Privacy Policy at www.link.mobi/policies#privacy-policy.

How can I get assistance if I have a question, concern, or complaint or need more information about Link Mobile’s Broadband Services?

If you have questions or concerns about our Broadband Services, please contact us using the following information:

Email: support@link.mobi

Phone: (855) 610-1615 or 611 from your Link Mobile Wireless Device during normal business hours: Monday through Friday from 9am to 5pm MST.

Accessibility Policy

Last Updated:  November 6, 2023

This policy provides information about how individuals with disabilities can use Link Mobile, Inc.’s (“Link Mobile” or “our”) wireless services.  Hearing, visual, or speech impaired individuals interested in applying for a specially equipped Link Mobile wireless device must contact Link Mobile and specify their needs to a representative.  Link Mobile will attempt to assist such customers in obtaining and making available a device that meets their needs.

Hearing Aid Compatibility

The Federal Communications Commission (FCC) has adopted specific hearing-aid compatibility rules for cell phones to ensure that manufacturers develop phones that are compatible with hearing aid devices and assist hearing device users in finding those phones.  Specifically, the FCC relies on standards developed by the American National Standards Institute (ANSI) to help consumers identify which cell phones are compatible with hearing aids.  Under the 2019 ANSI Standard, a phone is hearing aid compatible if it is labeled as such.  The 2011 ANSI Standard uses a rating system: compatibility with telecoil hearing aids is based on a ‘T’ rating (T1 through T4), while compatibility with microphone hearing aids is based on an ‘M’ rating (M1 through M4).

The higher the M or T rating assigned to a phone, the less interference there is to hearing aid users—phones that receive a rating of 3 or 4 are deemed to be hearing aid compatible.

Today, most cell phones are designed to be compatible with hearing aids under the ANSI Standards, and therefore reduce or completely eliminate interference that some hearing aid device users may experience when using a cell phone.  Interference occurs when the electronics within the hearing aid device pick up and demodulate radio frequency (RF) or electromagnetic interference (EMI) emitted by the cell phone or other sources, which may result in a buzzing, humming, or whining noise for users with hearing aid devices while using certain cell phones.  In addition to the hearing aid compatibility of the device, the amount of interference experienced will vary depending on the design of the hearing aid.

While the ANSI Standards are a useful tool for consumers when choosing the right cell phone, they do not guarantee that a phone will not cause interference with a particular hearing aid.  Additionally, while phones have been tested and rated for use with hearing aids for some of the wireless technologies that they use, there may be some newer wireless technologies used in phones that have not yet been tested for use with hearing aids.  If you use a hearing aid device, it is important that you try the different features of your phone thoroughly and in different locations, using your hearing aid, to determine if you hear any interfering noise.  Your hearing device manufacturer or hearing health professional can help you with questions about your hearing device.  You can also consult the manufacturer of your phone for more information on hearing aid compatibility.  Additionally, if you purchase a cell phone from us and it is not working with your hearing aid device, please contact Link Mobile Customer Service using the contact information identified below or your wireless phone retailer about phone return or exchange policies.  Link Mobile’s phone and exchange policies are set forth in the Terms and Conditions.

Link Mobile will ensure that, if offered, a certain portion of our wireless phones are hearing aid compatible under the ANSI standards.  Link Mobile currently offers the following hearing aid compatible wireless phones: