WIRELESS SERVICE TERMS AND CONDITIONS

Including the Fair Use and Acceptable Use Policy

Effective Date: September 2, 2026

IMPORTANT: THIS AGREEMENT CONTAINS AN INDIVIDUAL ARBITRATION PROVISION, A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, LIMITATIONS OF LIABILITY, PAYMENT AND AUTOMATIC RENEWAL TERMS, AND A FAIR USE AND ACCEPTABLE USE POLICY. PLEASE READ IT CAREFULLY.

This Wireless Service Terms and Conditions Agreement, together with the Fair Use and Acceptable Use Policy below, governs your use of wireless voice, messaging, data, roaming, Wi-Fi Calling, SIM or eSIM, devices, account features, websites, applications, and related products and services provided under the PHONE-GUY Wireless brand.

This is a legal agreement between you and PHONE-GUY WIRELESS, including the legal entity identified in your order confirmation or invoice and its affiliates, agents, and service providers (collectively, “PHONE-GUY,” “we,” “us,” or “our”). The wireless network may be supplied in whole or in part by one or more third-party network operators (each, an “Underlying Carrier”). PHONE-GUY, not an Underlying Carrier, is your retail service provider unless your order confirmation expressly states otherwise.

1. Agreement, Acceptance, and Scope

1.1 Acceptance.

You accept this Agreement when you sign or electronically accept it, activate or use the Service, pay for the Service, open packaging containing a SIM card or Device, or allow another person to use the Service on your account. If you do not agree, do not activate or use the Service and follow the applicable return and cancellation instructions.

1.2 Authority and Age.

You represent that you are at least the age of majority where you live, are legally capable of entering into this Agreement, and have authority to act on behalf of any company or other organization for which you establish an account. You are responsible for every line, Authorized User, Device, and person you allow to use the Service.

1.3 Documents Included in the Agreement.

The complete agreement includes:

• These Wireless Service Terms and Conditions and the Fair Use and Acceptable Use Policy;
• Your order confirmation, Rate Plan, promotional terms, Broadband Facts Label, feature terms, and any equipment or financing agreement;
• Our Privacy Notice, Open Internet or network management disclosures, return policy, device unlocking policy, and other policies made available where you enrolled; and
• Any notice, disclosure, or additional term that applicable law requires us to provide.

If specific plan terms conflict with these general terms, the specific plan terms control for the applicable price, allowance, feature, speed, duration, or restriction. Mandatory law controls over any inconsistent term.

2. Account Ownership and Responsibility

2.1 Account Holder.

The person or organization identified as the account holder is financially responsible for all lines, Devices, Services, purchases, and Charges on the account, including activity by Authorized Users and anyone using an account credential, SIM, eSIM, phone number, or Device associated with the account.

2.2 Accurate Information.

You must provide accurate, complete, and current contact, billing, service address, identity, and emergency address information. You must promptly update changes. We may verify identity, eligibility, address, credit, payment information, and device status, and may reject or suspend Service if information cannot be verified.

2.3 Account Security.

You must protect passwords, PINs, account-recovery methods, and Devices. Promptly notify us of suspected unauthorized access, SIM swapping, port-out fraud, loss, or theft. We may require authentication before processing account changes and may delay or deny a request when reasonably necessary to prevent fraud.

3. Service Plans, Features, and Term

3.1 Rate Plan.

Your Rate Plan sets out the included Services, recurring Charges, high-speed data or hotspot allowances, roaming or international features, taxes or fees, renewal period, and other plan-specific terms. Features may not work on every Device, network technology, or location.

3.2 Month-to-Month Service.

Unless your order expressly states a different term, Service is provided on a month-to-month basis. You may cancel at any time, but cancellation takes effect when we process it or when a number port is completed. You remain responsible for Charges incurred through the effective cancellation date and for any separate Device or financing obligation.

3.3 No Guarantee of Continued Plan Availability.

If you change or cancel a plan, we do not guarantee that the prior plan, promotion, phone number, or feature will remain available. Promotions and discounts are subject to their stated eligibility and duration requirements.

4. Activation, Charges, Billing, and Payment

4.1 Activation and Billing Cycle.

Service and billing may begin upon activation, shipment, delivery, scheduled activation, or another date identified in your order. Your billing cycle may not match a calendar month. Usage may be delayed and appear in a later cycle even though it still counts toward the cycle in which it occurred.

4.2 Your Payment Obligation.

You agree to pay all recurring, usage-based, international, roaming, premium, equipment, activation, reconnection, shipping, administrative, recovery, and other Charges disclosed for your plan or transaction, plus applicable taxes and government-imposed fees. You are responsible for Charges incurred by all users on your account, even if you did not personally authorize a particular user, except as provided by applicable law.

4.3 Taxes, Fees, and Surcharges.

Taxes and government fees may change without notice. Any administrative, regulatory recovery, or similar surcharge imposed by PHONE-GUY is not a tax or government-required charge unless expressly identified as such. We may change such surcharges upon notice as required by law.

4.4 Automatic Renewal and Recurring Payment Authorization.

If you enroll in AutoPay or a recurring prepaid plan, you authorize us to charge the payment method on file for recurring Charges, taxes, fees, usage, and other amounts due until you cancel the authorization or the Service. You represent that you are authorized to use the payment method. Your financial institution may provide us with updated card information. Cancel AutoPay sufficiently in advance of the next scheduled charge to allow processing.

4.5 Past-Due, Returned, and Collection Amounts.

To the extent disclosed and permitted by law, we may assess late-payment, returned-payment, reconnection, collection, or agent-assisted payment fees. You must reimburse reasonable collection costs, including attorneys’ fees, to the extent permitted by law. We may apply payments, credits, or deposits to amounts you owe in any lawful order.

4.6 Billing Disputes.

Contact us promptly if you believe a Charge is incorrect. Unless the law requires a longer period, you must give us written notice within 60 days after the disputed Charge first appears. The notice must identify the account, phone number, disputed amount, basis of the dispute, relevant records, and requested resolution. You must pay undisputed amounts when due.

5. Prepaid Service, Refunds, and Cancellation

5.1 Prepaid Balances and Expiration.

Prepaid Service is available only while the account has sufficient funds or an active plan. Service may be suspended when the balance is insufficient or the plan expires. If you do not replenish or reactivate the account in time, the account may be closed and the phone number may be reassigned.

5.2 Refunds.

Except where required by law or expressly stated in a return or promotional policy, Service Charges, prepaid balances, used airtime, used data, activation fees, and purchased add-ons are non-refundable. Device returns are governed by the return policy provided at purchase.

Porting a number or canceling Service does not, by itself, create a right to a refund.

The purchase of an eSIM is final and non-refundable once the eSIM has been purchased, the purchase has been confirmed, it has been sent to the customer by email, or the eSIM profile has been downloaded, installed, or activated, except where applicable law requires otherwise or PHONE-GUY is unable to provide the purchased Service due to an error attributable to PHONE-GUY.

No refund is available when a device is not compatible with the PHONE-GUY network, because the customer is solely responsible for verifying compatibility before purchase. Before ordering an eSIM, you must confirm that the Device is unlocked, eSIM-capable, compatible with the applicable network, and running supported and up-to-date software.

5.3 Cancellation.

You may cancel through an available customer-service channel. Porting a number to another provider generally cancels that line after the port is completed. Canceling Service does not cancel or discharge separate equipment, financing, lease, or third-party payment obligations.

6. Devices, SIMs, eSIMs, and Software

6.1 Compatibility and Certification.

A Device must be lawful, compatible with the applicable network, properly certified, and configured for the Service. Compatibility does not guarantee that all features will work. Changes in network technology may make a Device or feature obsolete or unavailable.

6.2 SIM and eSIM Restrictions.

A SIM or eSIM profile is licensed or provided only for authorized use with the assigned Service and a compatible Device. You may not clone, alter, reprogram, resell, transfer, or use it to evade plan restrictions, fraud controls, network controls, or device eligibility requirements. We or the Underlying Carrier may remotely provision, update, disable, or replace SIM or eSIM information.

6.3 eSIM Delivery, Installation, and Activation.

Before ordering an eSIM, you must confirm that the Device is unlocked, eSIM-capable, compatible with the applicable network, running supported software, connected to the Internet, and that any IMEI, EID, or other device information you provide is accurate. We may deliver an eSIM through a QR code, activation code, link, application, or automatic carrier download. Each eSIM profile and its activation credentials are unique to the assigned line and may be installed only as instructed. You may not copy, share, forward, publish, resell, or reuse an eSIM profile, QR code, or activation credentials. Downloading or installing the profile may begin activation and billing. Deleting a profile, resetting or changing a Device, attempting an unauthorized transfer or reinstallation, providing incorrect device information, or using an incompatible or carrier-locked Device does not create a right to a refund. A replacement profile is not guaranteed and may require the purchase of a new eSIM or payment of a disclosed replacement or activation fee, except as provided by applicable law.

6.4 Software and Network Updates.

We, the Device manufacturer, or an Underlying Carrier may remotely update Device, SIM, eSIM, network, or service software and settings. An update may affect features, performance, stored information, or temporary availability. Back up important data and keep Device security updates current.

6.5 Device Locking and Unlocking.

A Device may be locked for a period permitted by law and the applicable unlocking policy. Unlocking eligibility may depend on payment status, activation period, fraud status, and device ownership. Unlocking does not guarantee compatibility with another network.

7. Phone Numbers and Portability

7.1 Limited Rights in a Number.

You do not own the phone number assigned to your account, but you may have a legal right to port it. We may change a number when reasonably necessary, including to comply with law, prevent fraud, correct routing, or address numbering-plan changes.

7.2 Portability.

Number ports depend on accurate account information and cooperation among carriers. Features, voicemail, messaging, caller ID, and 911 location may be limited during a port. After disconnection or an incomplete port, a number may be unrecoverable or reassigned. You remain responsible for Charges through the effective port or cancellation date.

8. Coverage, Service Quality, Roaming, and Technology Changes

8.1 Wireless Service Varies.

Wireless communications use radio transmissions and shared network resources. Coverage maps are estimates and do not guarantee indoor or outdoor coverage. Availability, speed, latency, voice quality, messaging, and other performance may vary based on the plan, Device, location, buildings, terrain, foliage, weather, spectrum, network capacity, maintenance, interference, software, power, Internet connectivity, and other factors.

8.2 No Promise of Uninterrupted Service.

Interruptions, blocked or failed calls, delayed or failed messages, dropped sessions, inaccurate caller information, and unavailable features may occur. We do not guarantee that the Service will be uninterrupted, secure, private, or error-free, or that every call, message, data session, or emergency communication will be completed.

8.3 Roaming and Off-Network Use.

A Device may connect to another provider’s network even within a coverage area. Roaming may have different coverage, speeds, features, restrictions, or Charges. We may limit, suspend, or terminate roaming or international access, especially when use is excessive, predominantly off-network, inconsistent with the plan, or not economically or technically sustainable.

8.4 Technology Transitions.

We or an Underlying Carrier may retire, replace, or modify network technologies, frequencies, features, or coverage. Such changes may require a new Device, SIM, eSIM, software, or plan and may cause a feature to stop working. We will provide notice when required by applicable law.

9. Data Service and Network Management

9.1 Data Measurement.

Data usage includes data sent and received, protocol and network overhead, background application activity, hotspot or tethering use, and content automatically accessed by a Device. Usage records may be rounded as described in your Rate Plan. Device counters may differ from network billing records; network records control to the extent permitted by law.

9.2 High-Speed Allowances and Reduced Speeds.

A plan may include a stated amount of high-speed on-device or hotspot data. Once that amount is used, data may be unavailable, subject to an additional Charge, or continue at a reduced maximum speed for the rest of the cycle, as stated in the Rate Plan.

9.3 Prioritization and Congestion.

Data may be assigned different priority based on the plan, brand, service type, hotspot use, heavy-data-use status, public-safety needs, or other disclosed network-management criteria. During congestion, lower-priority traffic may experience slower speeds or reduced performance. Performance typically improves when congestion ends or the Device connects in a less congested location.

9.4 Video Optimization and Protocol Management.

A plan or Underlying Carrier may optimize, compress, cache, resize, or pace video or other content, or apply content-neutral security and network-management practices. Streaming is permitted unless your Rate Plan states otherwise, but resolution and performance may be limited by the plan, Device, application, or network conditions.

9.5 Hotspot and Tethering.

Hotspot or tethering is permitted only if included in your Rate Plan and only within its Device, data, speed, and connection limits. On-device data may receive higher priority than tethered data. You may not use a smartphone plan as a substitute for fixed broadband, a router plan, or a server connection unless the Rate Plan permits it.

9.6 Open Internet Disclosures.

Additional information about network-management practices, performance, commercial terms, and privacy is available in plan materials, the Broadband Facts Label, and Open Internet or network-management disclosures made available where you enrolled. Those disclosures may be updated as network practices and technology evolve.

10. Fair Use and Acceptable Use Policy

This policy protects customers and network resources from fraud, abusive calling or messaging, unauthorized resale, automated use, security threats, and use that materially harms service for others. “Unlimited” describes the included domestic service identified in a Rate Plan. It does not mean unrestricted use, a dedicated connection, guaranteed speed, or permission to use the Service for prohibited purposes.

10.1 Legitimate Use

Unlimited consumer voice, messaging, and data plans are intended for ordinary lawful use by an individual on an eligible Device. Business plans are intended for the ordinary internal business communications of the subscribing organization. High usage alone is not necessarily a violation. We consider the purpose, method, pattern, duration, destination, Device, impact, and other facts when evaluating possible abuse.

10.2 Prohibited Voice and Messaging Uses

Unless a specific business or machine-to-machine plan expressly permits the activity, you may not use the Service for:

• Telemarketing, call-center operations, lead generation, surveys, mass solicitation, broadcast calling, or similar high-volume commercial activity;
• Automatic dialing, predictive dialing, continuous or extensive call forwarding, conference bridging, chat-line access, or shared PBX use serving multiple independent users;
• Bulk, automated, machine-generated, or application-to-person messaging, except under a plan that expressly permits it and in compliance with all applicable consent, registration, content, and opt-out requirements;
• Spam calls, spam SMS, spam MMS, unsolicited or unauthorized bulk communications, unlawful robocalls, artificial or prerecorded voice calls, unlawful caller-ID spoofing, phishing, smishing, harassment, threats, fraud, or communications sent without legally required consent;
• Operating or using the Service with a SIM box, SIM farm, SIM bank, modem bank, GSM gateway, call gateway, SMS gateway, or similar equipment to originate, terminate, route, relay, aggregate, resell, or disguise voice or messaging traffic;
• Resale or sharing of the Service as a telecommunications service, or use that allows unrelated third parties to originate communications through your line;
• Calls or messages designed primarily to generate compensation, revenue sharing, rebates, credits, traffic payments, or artificial traffic for you or another person;
• Repeated calls or messages to premium-rate, high-cost, free-conference, chat, or other destinations in a manner inconsistent with ordinary individual use; or
• Any use that violates the Telephone Consumer Protection Act, CAN-SPAM Act, Truth in Caller ID Act, carrier messaging requirements, consent rules, opt-out rules, sanctions, or other applicable laws or industry rules.

Use of a SIM box, SIM farm, SIM bank, modem bank, or gateway described above is strictly prohibited and may violate applicable federal, state, foreign, or international telecommunications, fraud, consumer-protection, anti-spam, or sanctions laws and rules. Such use is a material breach of this Agreement and grounds for immediate suspension, deactivation, or termination of affected lines, SIMs, eSIMs, Devices, and accounts without prior notice.

10.3 Prohibited Data and Network Uses

You may not use the data Service to:

• Engage in unlawful activity or infringe intellectual-property, privacy, publicity, or other rights;
• Transmit spam, malware, viruses, ransomware, denial-of-service traffic, credential attacks, or other harmful or disruptive content;
• Obtain or attempt to obtain unauthorized access to accounts, Devices, networks, systems, or data, or scan or probe systems without permission;
• Operate bots, auto-responders, cancel-bots, server applications, open relays, public proxies, or similar routines that materially disrupt users or consume disproportionate network resources;
• Maintain artificial or continuous connections, keep-alive sessions, or background traffic intended primarily to avoid disconnection or plan controls;
• Use a smartphone or hotspot plan primarily for excessive cloud-storage transfer, cryptocurrency mining, blockchain validation, a public server, fixed-site broadband replacement, or connectivity for Devices not authorized by the Rate Plan;
• Tether, provide hotspot access, or connect routers, modems, servers, smart TVs, computers, or other Devices beyond the plan allowance or by bypassing technical restrictions;
• Alter network identifiers, clone a SIM, conceal Device type, manipulate usage records, evade security controls, or bypass speed, prioritization, location, roaming, or eligibility restrictions; or
• Interfere with the network, prevent fair capacity allocation, degrade service for other users, or impose an abnormal security, operational, or economic burden on PHONE-GUY or an Underlying Carrier.

10.4 Usage Patterns That May Trigger Review

The following non-exhaustive indicators may cause us to review an account. An indicator by itself does not establish a violation:

• An unusually high volume of short-duration calls, sequential calls, calls to many numbers in a short period, or repeated calls to a small set of destinations;
• Nearly continuous calls or data sessions, extremely long calls, or use that appears automated, machine-generated, or shared among unrelated users;
• Messaging volume, speed, complaint rate, opt-out rate, destination pattern, or content associated with spam, fraud, or unauthorized commercial messaging;
• Multiple SIMs, Devices, accounts, or identities used together to aggregate allowances, create artificial traffic, avoid controls, or operate a gateway;
• Predominantly roaming, off-network, international, or high-cost usage beyond the use permitted by the Rate Plan; or
• Use materially inconsistent with the plan type, Device type, customer’s stated purpose, or ordinary individual or internal business communications.

10.5 Investigation and Enforcement

We may use network records, automated systems, fraud signals, customer complaints, destination information, and other lawful information to identify possible violations. We may ask you to explain use or take corrective action. Subject to applicable law and the seriousness of the issue, we may warn you; block a destination, feature, Device, SIM, eSIM, or traffic type; reduce data priority or speed as disclosed; move you to an appropriate plan with your consent when required; suspend or restrict Service; refuse activation or reactivation; or terminate Service. We may act without prior notice when reasonably necessary to address fraud, illegality, security, network harm, emergency conditions, sanctions, SIM-box or SIM-farm activity, or a material violation.

We will not impose an undisclosed usage charge simply because usage is high. Any overage charge, additional-usage charge, or reduced-speed threshold must be stated in the Rate Plan or disclosed before it applies, except for protective measures reasonably necessary to stop fraud, abuse, security threats, or network harm.

11. Emergency Services and 911

911 ACCESS HAS LIMITATIONS. A DEVICE MUST HAVE POWER AND A USABLE NETWORK CONNECTION. A 911 CENTER MAY NOT RECEIVE YOUR PHONE NUMBER OR PRECISE LOCATION. ALWAYS STATE YOUR LOCATION AND CALLBACK NUMBER WHEN POSSIBLE.

11.1 Cellular 911.

911 is provided by state and local authorities and depends on your Device, network availability, routing, location technology, terrain, local emergency-center capabilities, and third parties. We cannot guarantee that a 911 call or text will connect, route to the nearest center, or transmit accurate location or callback information.

11.2 Wi-Fi Calling and VoIP.

Wi-Fi Calling and other Voice over Internet Protocol (VoIP) services differ from traditional cellular service. They may fail or provide inaccurate location during a power outage, broadband outage, congestion, equipment failure, software update, Service suspension, or use away from your registered emergency address. You must provide and keep current the emergency address associated with Wi-Fi Calling and tell the 911 operator your actual location.

11.3 Porting, Roaming, and Text-to-911.

911 location and other emergency features may be limited during number porting or roaming. Text-to-911 is not available in all locations and should not replace a voice call when a voice call is possible. Outside the United States, the local emergency number may differ from 911.

11.4 Share These Limitations.

You must inform all users of your Service about these 911 and emergency-service limitations.

12. Wireless Emergency Alerts

Compatible Devices may receive geographically targeted Wireless Emergency Alerts in participating parts of the network. Alerts are controlled by government authorities and depend on Device compatibility, settings, location, network availability, and other factors. We do not guarantee receipt, timing, accuracy, or availability of an alert. PHONE-GUY standard messaging Charges do not apply to Wireless Emergency Alerts.

13. Privacy, CPNI, Location, and Security

13.1 Privacy Notice.

Our Privacy Notice explains how we collect, use, disclose, retain, and protect personal information and the choices available to you. Wireless providers and their vendors may process account, identity, Device, call, message, data-usage, network, diagnostic, and location information to provide the Service, bill, support customers, comply with law, prevent fraud, protect networks, and for other purposes described in the Privacy Notice.

13.2 Customer Proprietary Network Information (CPNI).

We protect and use Customer Proprietary Network Information, or CPNI, as required by law. We may authenticate you before disclosing or changing account information and may send required notices about account access, password changes, SIM changes, port requests, or security events.

13.3 No Security Guarantee.

Wireless communications and account authentication are not guaranteed to be private or secure. Do not rely on a phone number, SMS, SIM, or Device as the sole security method for sensitive third-party accounts. Maintain strong passwords and additional authentication where available.

14. Electronic Records, Notices, and Consent to Contact

14.1 Electronic Agreement and Signature.

Your electronic signature, click acceptance, account creation, activation, use, or payment has the same legal effect as a written signature to the extent permitted by law. You consent to receive agreements, bills, notices, receipts, and disclosures electronically at the email address, mobile number, application, website account, or other electronic destination you provide.

14.2 Account and Service Communications.

We and parties acting on our behalf may contact you regarding activation, security, fraud, billing, collections, Service, network, account changes, or legal notices using mail, email, calls, texts, in-app messages, prerecorded messages, or automated systems to the extent permitted by law. Marketing consent is not a condition of purchasing Service. Marketing preferences do not prevent transactional, security, emergency, or legally required communications.

14.3 Your Contact Information.

You represent that the contact information you provide belongs to you or that you are authorized to use it. Notify us before relinquishing a phone number or email address. We may treat notices sent to your last-provided contact information as delivered to the extent permitted by law.

15. Third-Party Content, Applications, and Services

Third parties may provide Devices, applications, content, Wi-Fi, payment services, roaming, websites, or other services accessible through or billed with your Service. Their terms and privacy notices govern your relationship with them. PHONE-GUY is not responsible for third-party content, performance, security, availability, charges, or data practices, even if the third-party service is promoted, preinstalled, accessible through a Device, or charged to your account, except as provided by applicable law.

16. Lost or Stolen Devices; Fraud

Promptly notify us if a Device, SIM, eSIM, or account credential is lost, stolen, compromised, or used without authorization. You are responsible for Charges incurred before we receive and can reasonably act on the notice, except as provided by law. We may suspend the line, block the Device identifier, report a Device as lost or stolen, and require identity or ownership verification before restoring Service. You must work with the seller or reporting party to remove an incorrect lost-or-stolen device record.

17. Changes to the Service or This Agreement

We may change the Service, prices, features, network access, policies, or this Agreement. We will provide notice of a materially adverse change as required by law. Government taxes and fees, third-party pass-through amounts, and network or security protective measures may change without prior notice where permitted. Your continued use or payment after a change takes effect constitutes acceptance. Changes to dispute-resolution terms do not apply to a dispute that arose before the change unless applicable law or the parties’ agreement provides otherwise.

18. Suspension, Restriction, and Termination

We may reject, restrict, suspend, or terminate a line, feature, Device, account, or this Agreement for good cause, including:

• Nonpayment, a reversed payment, an unverified identity or payment method, excessive financial exposure, or breach of an equipment or financing obligation;
• Fraud, theft, misrepresentation, sanctions risk, unlawful activity, or conduct that threatens customers, representatives, systems, or networks;
• A violation of this Agreement, the Fair Use and Acceptable Use Policy, a Rate Plan, or an Underlying Carrier requirement;
• Resale, unauthorized device use, SIM tampering, SIM-box or SIM-farm activity, abusive calling or messaging, spam calls, spam SMS, or use that materially harms network performance or other users;
• A government order, legal requirement, emergency, public-safety need, network-maintenance event, technology transition, or loss or change of an Underlying Carrier agreement; or
• Harassing, threatening, abusive, or fraudulent interactions with our personnel or service providers.

We may act without prior notice when reasonably necessary to prevent harm, fraud, security threats, illegal use, or network disruption. Charges may continue during a suspension if the plan or law permits. Reinstatement may require payment, verification, a new SIM or Device, a plan change, or a disclosed reconnection fee. We do not guarantee that a canceled account, plan, feature, or number can be restored.

19. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, DEVICES, SIMS, ESIMS, SOFTWARE, WEBSITES, APPLICATIONS, AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PHONE-GUY AND ITS AFFILIATES, UNDERLYING CARRIERS, SUPPLIERS, AND AGENTS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COVERAGE, AVAILABILITY, QUALITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. THIS DISCLAIMER DOES NOT LIMIT ANY WARRANTY OR RIGHT THAT CANNOT LAWFULLY BE DISCLAIMED.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND PHONE-GUY AGREE THAT RECOVERY AGAINST THE OTHER IS LIMITED TO DIRECT, ACTUAL DAMAGES. NEITHER PARTY MAY RECOVER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, TREBLE, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST MESSAGES, LOSS OF USE, BUSINESS INTERRUPTION, OR LOSS ARISING FROM A THIRD-PARTY ACCOUNT OR AUTHENTICATION EVENT, REGARDLESS OF THEORY AND EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHONE-GUY IS NOT LIABLE FOR COVERAGE GAPS, CONGESTION, INTERRUPTIONS, DROPPED OR FAILED CALLS, DELAYED OR FAILED MESSAGES, DATA LOSS, DEVICE OR SOFTWARE FAILURE, THIRD-PARTY CONDUCT, ROAMING NETWORKS, UNAUTHORIZED ACCOUNT ACCESS, OR FAILURE OR DELAY OF 911 OR OTHER EMERGENCY COMMUNICATIONS.

If applicable law does not allow a limitation stated here, the limitation applies only to the maximum extent permitted. Any right to a Service credit is governed by the applicable Rate Plan or written Service-credit policy and, where lawful, is the exclusive remedy for the covered Service interruption.

21. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless PHONE-GUY and its affiliates, Underlying Carriers, suppliers, officers, directors, employees, and agents from third-party claims, losses, liabilities, damages, penalties, costs, and reasonable attorneys’ fees arising from your or your users’ unlawful use, prohibited use, breach of this Agreement, infringement of rights, unauthorized communications, or failure to obtain legally required consent. This obligation does not apply to the extent a claim results from the indemnified party’s own negligence, willful misconduct, or legal violation where such exclusion is required by law.

22. Dispute Resolution, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. EXCEPT FOR ELIGIBLE SMALL-CLAIMS MATTERS OR IF YOU TIMELY OPT OUT, YOU AND PHONE-GUY AGREE TO RESOLVE DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION, NOT IN COURT. YOU AND PHONE-GUY WAIVE A JURY TRIAL AND PARTICIPATION IN CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDINGS.

22.1 Informal Dispute Process

Before starting arbitration or a lawsuit, the claiming party must send an individualized written Notice of Dispute and allow 60 days for good-faith resolution. Your notice must include your name, billing address, account and mobile number, contact information, a description of the facts and legal basis, supporting records, a good-faith calculation of claimed damages, and the specific relief requested. Send your notice through the dispute-submission method or customer-service address identified on your most recent bill, order confirmation, account portal, or PHONE-GUY website. We will send our notice to your billing or electronic address on file.

22.2 Individual Arbitration or Small Claims

If the dispute is not resolved within 60 days after receipt of a complete Notice of Dispute, either party may bring an individual claim in a court of competent small-claims jurisdiction or initiate individual binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by this Agreement. The Federal Arbitration Act governs this arbitration provision. Arbitration will take place in the county of your billing address or by video, telephone, or documents where the rules permit.

22.3 Arbitrator Authority and Fees

The arbitrator may award on an individual basis the same relief a court could award, subject to this Agreement and applicable law. The arbitrator must enforce applicable statutes of limitation, privileges, and defenses. AAA rules govern filing and administrative fees, subject to applicable law and any fee shifting required to make this provision enforceable. Each party bears its own attorneys’ fees unless a statute, rule, or award provides otherwise.

22.4 Class Action and Jury Waivers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISPUTES MUST PROCEED ONLY ON AN INDIVIDUAL BASIS. NEITHER PARTY MAY BRING OR PARTICIPATE IN A CLASS, CONSOLIDATED, MASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION. IF A DISPUTE PROCEEDS IN COURT, EACH PARTY WAIVES A JURY TRIAL. A COURT, NOT AN ARBITRATOR, WILL DECIDE A CHALLENGE TO THIS PARAGRAPH. A NON-WAIVABLE REQUEST FOR PUBLIC INJUNCTIVE RELIEF MAY PROCEED IN COURT AFTER INDIVIDUAL CLAIMS ARE ARBITRATED, TO THE EXTENT REQUIRED BY APPLICABLE LAW.

22.5 Arbitration Opt-Out

You may opt out of Sections 22.2 through 22.4 for a new line of Service by sending a clear written opt-out notice within 30 days after the earlier of your activation or first acceptance of this Agreement for that line. Use the arbitration opt-out method or legal-notice address identified in your order confirmation, bill, account portal, or PHONE-GUY website. Include your name, billing address, mobile number, account number, and a statement that you opt out of arbitration. Opting out does not affect the Service or any prior arbitration agreement for another line.

22.6 Government Agencies and Non-Waivable Rights

Nothing in this Agreement prevents you from contacting or filing a complaint with a federal, state, or local government agency. Nothing waives any substantive right or remedy that applicable law makes non-waivable.

23. Governing Law

The Federal Arbitration Act and federal arbitration law govern Section 22. Except for Section 22 and to the extent not preempted by federal law, this Agreement is governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Except for an eligible individual small-claims action or where applicable law requires another venue, any claim that may lawfully proceed in court must be brought exclusively in the state or federal courts located in Travis County, Texas, and each party consents to the personal jurisdiction of those courts.

24. Intellectual Property and Feedback

PHONE-GUY and its licensors retain all rights in their names, logos, software, websites, applications, documentation, and service materials. Except for a limited right to use them as necessary to receive the Service, no license is granted. You may not copy, modify, reverse engineer, mirror, frame, distribute, or commercially exploit protected materials except as permitted by law. If you voluntarily provide feedback, you grant PHONE-GUY a worldwide, perpetual, irrevocable, royalty-free right to use it without restriction or compensation, excluding personal information governed by the Privacy Notice.

25. Notices and Customer Service

You may contact PHONE-GUY through the customer-service channels identified in your order confirmation, bill, account portal, SIM packaging, or the website through which you enrolled. Legal notices must use the designated method for legal or dispute notices. We may send notices to your last known mailing address, email address, mobile number, account portal, application, or bill. Electronic notices are effective when sent or posted, subject to applicable law.

26. General Terms

26.1 Assignment.

You may not assign this Agreement or transfer an account without our written consent. We may assign this Agreement, accounts, receivables, or obligations to an affiliate, successor, purchaser, financing party, service provider, or other person without prior notice, subject to applicable law.

26.2 Underlying Carriers and Suppliers.

Underlying Carriers and our affiliates, licensors, and suppliers are intended third-party beneficiaries of the Fair Use and Acceptable Use Policy, warranty disclaimers, limitations of liability, indemnification, and dispute-resolution protections to the extent permitted by law. They may enforce those protections directly.

26.3 Force Majeure.

We are not responsible for delays or failures caused by events beyond reasonable control, including severe weather, natural disasters, fires, wars, terrorism, civil unrest, labor disruptions, power or Internet failures, cyberattacks, government actions, spectrum interference, supply shortages, epidemics, or interruptions by an Underlying Carrier or supplier.

26.4 Severability.

If a provision is unenforceable, it will be enforced to the maximum lawful extent and severed if necessary, and the remainder will continue in effect, except that Section 22.4 is subject to its own terms and applicable law.

26.5 No Waiver.

Failure to enforce a provision is not a waiver. A waiver must be in writing and applies only to the specific instance stated.

26.6 Entire Agreement.

The documents identified in Section 1.3 constitute the entire agreement regarding the Service and supersede prior representations or agreements on the same subject. A sales or support representative cannot modify the Agreement unless authorized in a writing issued by PHONE-GUY.

26.7 English Controls.

The English version controls if a translated version conflicts, except where applicable law requires otherwise.

26.8 Survival.

Payment obligations and provisions that by their nature should survive, including Sections 10, 13, 15, 19 through 24, and 26, survive cancellation or termination.