SIM Card Returns & Exchanges
SIM cards, SIM Chips and Specialty branded mobile service cards may not be returned for a refund once they are issued. If you believe you have a defective SIM Card please contact our customer service for immediate replacement.
Device Returns & Exchanges
Devices purchased at a SmartSIM USA store: SmartSIM USA provides a 7-day return policy – beginning on the date of purchase – in which you may return or exchange a qualifying new or reconditioned wireless device purchased at one of our SmartSIM USA Stores.
Devices purchased online at www.SmartSIMUSA.com: SmartSIM USA provides a 7-day return policy – beginning on the date the device is received – in which you may return a qualifying wireless device. Devices purchased online must meet the return/exchange requirements to be accepted. Devices that do not meet the return/exchange requirements will be returned to the customer.
Certain devices may include return requirements that are different from this Return Policy. Any differences in return policies will be explained at the point of purchase.
How to Return or Exchange a SmartSIM USA Device
If you purchased the device online, call or chat with a SmartSIM USA Support Advocate initiate the return/exchange process.
If you purchased the device at a SmartSIM USA Store, please go back to that same store to return or exchange your device.
Device Return Fees
A fee of up to $25 may be applied (except where prohibited) when a device purchased at a SmartSIM USA Store is returned without all of the original components. For example, if the device is missing the battery, battery door, charging transformer, or charging cable, the store will apply this fee.
There is no fee for returning compliant devices purchased online at www.SmartSIMUSA.com
Refunds will be issued within 10 business days of receipt of compliant returns (most are processed within 3-4 business days). Non-compliant returns will be returned to customers with an explanation of the reason for rejection. No refund will be issued for rejected returns.
Thanks for choosing SmartSIM USA. Please read these Terms & Conditions (“T&Cs”), which contain important information about your relationship with SmartSIM USA, including mandatory arbitration of disputes between us, instead of class actions or jury trials. You will become bound by these provisions once you accept these T&Cs.
WHO IS THIS AGREEMENT WITH?
These T&Cs are an agreement between you and us, SmartSIM USA USA, Inc., and our controlled subsidiaries, assignees, and agents.
HOW DO I ACCEPT THESE T&Cs?
You accept these T&Cs by doing any of the following things:
- giving us a written or electronic signature or confirmation, or telling us orally that you accept;
- activating, using or paying for the Service or a Device; or
- opening the Device box.
If you don’t want to accept these T&Cs, don’t do any of these things.
When you accept, you’re telling us that you are of legal age (which means you are either legally emancipated, or have reached the age of majority as defined in your jurisdiction) and that you are able to enter into a contract. If you accept for an organization, you’re telling us that you are authorized to bind that organization, and references to “you” in these T&Cs may mean the organization.
WHAT IS INCLUDED IN THESE TERMS AND CONDITIONS?
In these T&Cs, you’ll find important information about:
- SmartSIM USA services provided to you (“Services”);
- Any equipment for which we provide Service, such as a phone, handset, tablet, or SIM card (collectively, a “Device”);
- Any charges, taxes, fees, and other amounts we bill you or that were accepted or processed through your Device (“Charges”);
- Privacy information;
- Network management practices;
- Limitations of liability; and
- Resolution of disputes by arbitration and class action waiver
ARE THERE ANY OTHER TERMS THAT APPLY TO ME?
Yes. Your “Agreement” includes these T&Cs, the additional terms found in your Rate Plan, your Data Plan, your Service Agreement, and provisions linked to from these T&Cs. Sections marked “*” continue after termination of our Agreement with you.
You might also have other agreements with us, such as an equipment installment plan or JUMP! On Demand Lease Agreement.
*HOW DO I RESOLVE DISPUTES WITH SMARTSIM USA?
By accepting these T&Cs, you are agreeing to resolve any dispute with us through binding arbitration (unless you opt out) or small claims dispute procedures, and to waive your rights to a class action suit and jury trial.
WHAT IS A RATE PLAN?
Your “Rate Plan” includes your Service allotments, for example, for minutes, messages or data, rates, coverage and other terms. You can check your current usage by visiting SmartSIM USA.com
HOW WILL I BE CHARGED FOR DATA USAGE?
Data service may be included in your Rate Plan or data pass or you may be charged for data usage on a pay per use basis (“Data Plan”). Your Rate Plan and/or Data Plan will contain more information about how we calculate data usage. You can check your current usage by visiting SmartSIMUSA.com). If you do not have a Data Plan, your Device may not be able to access data services.
ARE THERE SEPARATE TERMS FOR PREPAID CUSTOMERS?
The terms of these T&Cs apply to prepaid customers.
HOW DO I GIVE OTHER PEOPLE ACCESS TO MY ACCOUNT?
If you want someone else to be able to access and manage your account, you can establish them as an “Authorized User,” so they can:
- Make changes to your account;
- Add or remove services or features to your account;
- Receive notices and disclosures on your behalf;
- Purchase Devices for use with our Service, including under an installment plan; and
- Incur Charges on your account.
This information is sensitive so take steps to protect it. We will treat presentation of the proper account validation information as authorized access to an account.
WHERE, HOW, AND WHEN DOES MY SERVICE WORK?
These T&Cs describe the experience you can expect on our network, including information about our reasonable network management practices, and the experience on our roaming partners’ networks:
- Please check our coverage maps, which approximate our anticipated coverage area outdoors. Your experience on our network may vary and change without notice depending on a variety of factors. You agree that we are not liable for problems relating to Service availability or quality.
- For more information about roaming, click here.
- To provide the best possible experience for the most possible customers on SmartSIM USA branded plans, we prioritize the data usage of a small percentage of our heavy data users, specifically those using more than 50GB of data in a billing cycle below that of other customers in times and locations where there are competing customer demands for network resources. This threshold number is periodically evaluated and may change over time. We prioritize smartphone and mobile internet (tablet) over Smartphone Mobile HotSpot (tethering) traffic on our network.
- We utilize streaming video optimization technology in our network on qualifying Rate Plans to help minimize data consumption while also improving the service experience for all customers. Some Rate Plans have video optimization via the Binge On feature. Some qualifying video providers may choose to opt-out of the Binge On program. The Binge On optimization technology is not applied to the video services of these providers; video from these services will stream at native resolution, and high-speed data consumption will continue as if Binge On were not enabled.
- Additionally, we may implement other network practices, such as caching less data.
- Our Open Internet Policy includes important information on these topics as well as information on commercial terms, performance characteristics (such as expected speed, latency) and network practices.
*WHAT ARE THE PERMITTED AND PROHIBITED USES FOR MY DEVICE AND THE SERVICE?
Our wireless network is a shared resource, which we manage for the benefit of all of our customers. Your Data Plan is intended for Web browsing, messaging, and similar activities. Certain activities and uses of our Services and your Device are permitted and others are not.
*WHAT HAPPENS IF MY DEVICE IS LOST OR STOLEN?
You agree to notify us if your Device is lost or stolen. Once you notify us, we will suspend your Service. Click here to learn more about how we handle Charges that are incurred after you report that your Device is lost or stolen.
*HOW WILL I BE BILLED FOR USE OF THE SERVICES?
You agree to pay all Charges we assess and bill you or that were accepted or processed through all Devices on your account. You will receive an electronic (paperless) bill unless you tell us you want a paper bill. Your Device cannot be used to purchase services and products from third parties, and Charges for these purchases may not be included on your SmartSIM USA bill.
*DOES SMARTSIM USA CHECK MY CREDIT?
AM I REQUIRED TO MAKE A DEPOSIT?
We require prepayment for Services.
CAN I DOWNLOAD AND USE THIRD PARTY CONTENT AND APPS ON MY DEVICE?
Yes. You are free to download and use content or applications (“Content & Apps”) on your Device that are not provided by SmartSIM USA, at your own risk. Third party Content & Apps may require your agreement to a license or other terms with the third party. Some Devices or Content & Apps may contact our network without your knowledge, which may result in additional Charges (e.g., while roaming internationally).
*WHAT IS THE TERM OF THESE T&Cs?
There are no annual service contracts. All SmartSIM USA service plans are prepaid,
CAN SMARTSIM USA CHANGE OR TERMINATE MY SERVICES OR THIS AGREEMENT?
Yes. Except as described below for Rate Plans with the price-lock guarantee (including the “Un-Contract Promise”), we may change, limit, suspend or terminate your Service or this Agreement at any time, including if you engage in any of the prohibited uses or no longer reside in a SmartSIM USA-owned network coverage area. Under certain limited circumstances, we may also block your device from working on our network. If the change to your Service or Rate Plan will have a material adverse effect on you, we will provide 14 days’ notice of the change. You’ll agree to any change by using your Service after the effectiveness of the change. We may exclude certain types of calls, messages or sessions (e.g. conference and chat lines, broadcast, international, 900 or 976 calls, etc.), in our sole discretion, without further notice.
If you are on a price-lock guaranteed Rate Plan, we will not increase your monthly recurring Service charge (“Recurring Charge”) for the period that applies to your Rate Plan, or, if no specific period applies, for as long as you continuously remain a customer in good standing on a qualifying Rate Plan. If you switch plans, the price-lock guarantee for your new Rate Plan will apply (if there is one). The price-lock guarantee is limited to your Recurring Charge and does not include, for example, add-on features, taxes, surcharges, fees, or charges for extra features or Devices. If your Service or account is limited, suspended or terminated and then reinstated, you may be charged a reactivation fee. For information about our unlocking policy, click here.
*YOUR CONSENT TO BE CONTACTED
We may contact you without charge, on any wireless telephone number assigned to your account for any purpose, including marketing messages, and in any manner permitted by law. You also expressly consent to be contacted by us, and anyone contacting you on our behalf, for any purpose, including billing, collection, or other account or service related purpose, at any telephone number or physical or electronic address where you may be reached, including any wireless telephone number. You agree that SmartSIM USA, and anyone contacting you on our behalf, may communicate with you in any manner, including using a pre-recorded or artificial voice, or using an automatic telephone dialing system to place calls or send messages, alerts, or an automatic e-mail system to deliver email messages. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your Service and account.
HOW DO WE NOTIFY EACH OTHER?
You may contact us at www.SmartSIM USA.com, by calling +1-407-459-4956
We have chosen to offer wireless emergency alerts, within portions of its coverage area, on wireless alert capable Devices. There is no additional charge for these wireless emergency alerts.
*HOW DO I RESOLVE DISPUTES WITH SMARTSIM USA?
Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE EARLIER OF THE DATE YOU PURCHASED A DEVICE FROM US OR THE DATE YOU ACTIVATED A NEW LINE OF SERVICE (the “Opt Out Deadline”). You must opt out by the Opt Out Deadline for each line of Service. You may opt out of these arbitration procedures by calling +1-407-459-4956 or online at www.SmartSIMUSA.com/ Any opt-out received after the Opt Out Deadline will not be valid and you must pursue your claim in arbitration or small claims court.
For all disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to the address provided in the “How Do We Send Notices to Each Other” Section below. You and we each agree to negotiate your claim in good faith. If you and we are unable to resolve the claim within 60 days after we receive your claim description, you may pursue your claim in arbitration. You and we each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or this Agreement.
If the arbitration provision applies or you choose arbitration to resolve your disputes, then either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our registered agent (see the “How Do We Send Notices to Each Other” section below) to begin arbitration. The arbitration of all disputes will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time the arbitration is commenced. The AAA rules are available at www.adr.org or by calling +1-407-459-4956. The arbitration of all disputes will be conducted by a single arbitrator, who shall be selected using the following procedure: (a) the AAA will send the parties a list of five candidates; (b) if the parties cannot agree on an arbitrator from that list, each party shall return its list to the AAA within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. Upon the filing of the arbitration demand, we will pay or reimburse all filing, administration and arbitrator fees. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.
CLASS ACTION WAIVER. YOU AND WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT 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, the arbitration agreement will be void as to you. If you choose to pursue your claim in court by opting out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
Other Terms Regarding Dispute Resolution
*HOW CAN I DISPUTE MY CHARGES?
If you have any questions about your bill or want to dispute any Charges, please contact us by visiting www.SmartSIM USA.com, by calling+1-407-459-4956 If this does not fix things, please notify us in writing. Unless otherwise provided by law, you must notify us in writing of any dispute regarding your bill or Charges to your account within 60 days after the date you first receive the disputed bill or Charge. If you don’t, you may not pursue a claim in arbitration or in court. If you accept a credit, refund or other compensation or benefit to resolve a disputed bill or Charge, you agree that the issue is fully and finally resolved. Unless otherwise provided by law, you must pay disputed Charges until the dispute is resolved.
*CHOICE OF LAW
This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida. Foreign laws do not apply. Arbitration or court proceedings must be in Orange County in the State of Florida.
*DISCLAIMER OF WARRANTIES
Except for any written warranty that may be provided with a SmartSIM USA Device you purchase from us, and to the extent permitted by law, the Services and Devices are provided on an “as is” and “with all faults” basis and without warranties of any kind. We make no representations or warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose concerning your Service or your Device. We can’t and don’t promise uninterrupted or error-free service and don’t authorize anyone to make any warranties on our behalf. This doesn’t deprive you of any warranty rights you may have against anyone else. We do not guarantee that your communications will be private or secure; it is illegal for unauthorized people to intercept your communications, but such interceptions can occur.
Services or Software provided by third parties (including voice applications), 911 or E911, text to 911, or other calling or messaging functionality, may work differently than services offered by us, or may not work at all. Please review all terms and conditions of such third-party products. We are not responsible for failures to connect or complete 911 calls or text to 911 messages or if inaccurate location information is provided. 911 service may not be available or reliable and your ability to receive emergency services may be impeded. We cannot assure you that if you place a 911 call or text you will be found.
We are not responsible for any download, installation, use, transmission failure, interruption, or delay related to Content & Apps, or any third-party content, services, advertisements, or websites you may be able to access by using your Device or the Services. You are responsible for maintaining virus and other Internet security protections when accessing third party Content & Apps or other services.
*LIMITATION OF LIABILITY
To the extent permitted by law, you and we each agree to limit claims for damages or other monetary relief against each other to direct and actual damages regardless of the theory of liability. This means that neither of us will seek any indirect, special, consequential, treble, or punitive damages from the other. This limitation and waiver also applies to any claims you may bring against any other party to the extent that we would be required to indemnify that party for such claim. You agree we are not liable for problems caused by you or a third party, or by any act of God. You also agree we aren’t liable for missed or deleted voice mails or other messages, for any information (like pictures) that gets lost or deleted if we work on your Device, or for failure or delay in connecting a call or text to 911 or any other emergency service. To the extent permitted by law, you and we each also agree that all claims must be brought within 2 years of the date the claim arises.
You agree to defend, indemnify, and hold us and our directors, officers, and employees harmless from any claims arising out of use of the Service or Devices, breach of the Agreement, or violation of any laws or regulations or the rights of any third party by you, any person on your account or that you allow to use the Service or your Device.
Additional Terms for Prepaid Customers
Your SmartSIM USA prepaid Service account balance, if sufficient, or your active prepaid plan, gives you access to our prepaid Service for a limited amount of time; you must use your prepaid Service during the designated period of availability. To use our prepaid Service you must have a SmartSIM USA prepaid Service account balance for pay as you go service or be on an active prepaid plan. Service will be suspended when your account balance reaches zero and/or you are at the end of the time period associated with your prepaid plan. Monthly plan features are available for 30 days, however, depending on the time of day that you activate your Service or that your Service expires, your service cycle may not equal 30 full 24 hour days. Your monthly plan will automatically renew at the end of 30 days if you have a sufficient SmartSIM USA prepaid Service account balance to cover your prepaid Service plan before the first day after your service cycle. If you do not have a sufficient SmartSIM USA prepaid Service account balance, your prepaid Service will be suspended unless you move to a pay as you go plan. If you do not reinstate prepaid Service within the required period based upon your service plan, your phone number will be reallocated. The Charges for Service and the amount of time that Service is available following activation of your prepaid Service account balance may vary; see your Rate Plan for more information. Prepaid Service is non-refundable (even if returned during the Cancellation Period), and no refunds or other compensation will be given for unused airtime balances, lost or stolen prepaid cards, or coupons. You will not have access to detailed usage records or receive monthly bills. Coverage specific to our prepaid Service may be found at https://smartsimusa.com/coverage-map
Using Our Network
WILL MY SERVICE VARY? WHAT FACTORS MAY AFFECT MY SERVICE?
As our customer, your actual Service area, network availability, coverage and quality may vary based on a number of factors, including network capacity, terrain and weather. Outages and interruptions in Service may occur, and speed of Service varies. Devices also have varying speed capabilities and may connect to different networks depending on technology. Even within coverage areas and with broadband-capable devices, network changes, traffic volume, outages, technical limitations, signal strength, obstructions, weather, and other conditions may impact speeds and service availability.
We engineer our network to provide consistent high-speed data service, but at times and at locations where the number of customers using the network exceeds available network resources, customers will experience reduced data speeds. To provide the best possible on-device experience for the most possible customers on SmartSIM USA branded plans and minimize capacity issues and degradation in network performance, we may, without advance notice, take any actions necessary to manage our network on a content-agnostic basis, including prioritizing all on-device data over Smartphone Mobile HotSpot (tethering) data and further prioritizing the data usage of a small percentage of heavy data users, specifically those using more than 50GB of data in a billing cycle, below that of other customers in times and locations where there are competing customer demands for network resources, for the remainder of the billing cycle. This threshold number is periodically evaluated and may change over time.
Where the network is lightly loaded in relation to available capacity, a customer whose data is prioritized below other data traffic will notice little, if any, effect from having lower priority. This will be the case in the vast majority of times and locations. At times and locations where the network is heavily loaded in relation to available capacity, however, these customers will likely see significant reductions in data speeds, especially if they are engaged in data-intensive activities. Customers on Rate Plans and Devices with 4G capability should be aware that these practices may occasionally result in speeds below those typically experienced on our 4G LTE and HSPA networks. We constantly work to improve network performance and capacity, but there are physical and technical limits on how much capacity is available, and in constrained locations the frequency of heavy loading in relation to available capacity may be greater than in other locations. When network loading goes down or the customer moves to a location that is less heavily loaded in relation to available capacity, the customer’s speeds will likely improve.
*CAN I ROAM ON MY DEVICE?
Domestic Roaming: Your Device may connect to another provider’s network (“Off-Net”). This may happen even when you are within the SmartSIM USA coverage area. Check your Device to determine if you are Off-Net. Please do not abuse this; we may limit or terminate your Service if you do.
International Roaming & Dialing: International Roaming & Dialing service are not available at this time
We deploy streaming video optimization technology in our network as a feature on qualifying Rate Plans, which also helps to ensure that available network capacity can be utilized to provide a good service experience for the maximum number of customers. The optimization technology is intended to manage data usage on the network, reduce the risk of streaming video stalling and buffering on mobile devices, and reduce the amount of data consumed for streaming video, making room for other users to enjoy higher speeds and a better network experience overall. Video optimization occurs only to data streams that are identified by our packet-core network as video. While many changes to streaming video files are likely to be indiscernible, the optimization process may impact the appearance of the streaming video as displayed on a user’s Device. Alternatively, customers may choose Rate Plans that offer video optimization as a customer-controlled feature (e.g., “Binge On”). When this feature is enabled, on-device video is typically delivered at DVD quality (up to 1.5 Mbps speeds, generally 480p or better).
The Binge On optimization technology is not applied to the video services of these providers; video from these services will stream at native resolution, and high-speed data consumption will continue as if Binge On were not enabled. Rate Plans that feature this technology allow customers to choose to enable (and disable) video streaming optimization when connected to the cellular network, unless a provider has chosen to opt-out
Examples of Permitted and Prohibited Uses of the Service and Your Device
Permitted uses include:
- Voice calls;
- Web browsing;
- Streaming music;
- Uploading and downloading applications and content to and from the Internet or third party stores;
- Using applications and content without excessively contributing to network congestion; and
- Tethering your Device to other non-harmful devices pursuant to the terms and conditions and allotments of your Data Plan.
Unless explicitly permitted by your Rate Plan or Data Plan, you are not permitted to use your Device or the Service in a way that we determine:
- Uses a repeater or signal booster other than one we provide to you;
- Compromises network security or capacity, degrades network performance, uses malicious software or “malware”, hinders other customers’ access to the network, or otherwise adversely impacts network service levels or legitimate data flows;
- Uses applications which automatically consume unreasonable amounts of available network capacity;
- Uses applications which are designed for unattended use, automatic data feeds, automated machine-to-machine connections, or applications that are used in a way that degrades network capacity or functionality;
- Misuses the Service, including “spamming” or sending abusive, unsolicited, or other mass automated communications;
- Accesses the accounts of others without authority;
- Results in more than 50% of your voice and/or data usage being off-net (i.e., connected to another provider’s network) for any 3 billing cycles within any 12 month period;
- Results in unusually high usage (specifically, more 50GB (updated periodically) in a month) and the majority of your data usage being Smartphone Mobile HotSpot (tethering) usage for any 3 billing cycles within any 6 month period;
- Resells the Service, either alone or as part of any other good or service;
- Tampers with, reprograms, alters, or otherwise modifies your Device to circumvent any of our policies or violate anyone’s intellectual property rights;
- Causes harm or adversely affects us, the network, our customers, employees, business, or any other person;
- Conflicts with applicable law;
- Is not in accordance with these T&Cs; or
- Attempts or assists or facilitates anyone else in any of the above activities.
Information about What Happens if Your Device is Lost or Stolen
Once you notify us that your Device has been lost or stolen, we will suspend your Service and you will not be responsible for additional usage charges incurred in excess of your Rate Plan Charges, applicable taxes, fees, and surcharges. If Charges are incurred before you notify us, you are not liable for Charges you did not authorize. However, the fact that your Device or account was used is some evidence of authorization. You may request us to investigate Charges you believe were unauthorized. We may ask you to provide information and you may submit information to support your request. If we determine the Charges were unauthorized, we will credit your account. If we determine the Charges were authorized, we will inform you within 30 days and you will remain responsible for the Charges. If you request that we not suspend your Service, you will remain responsible for all Charges incurred. We may prevent a lost or stolen Device from registering on our and other networks.
Please read the following for more information about how we bill for calls, data usage and messaging, Wi-Fi usage, third party charges, taxes, and surcharges.
Usage: Airtime usage is measured from the time the network begins to process a call (before the phone rings or the call is answered) through its termination of the call (after you hang up). For voice calls, we round up any fraction of a minute to the next full minute. Depending upon your Rate Plan, data usage may be rounded at the end of each data session, at the end of your billing cycle, and/or at the time you switch data plans. You may be charged for more than one call/message when you use certain features resulting in multiple inbound or outbound calls/messages (such as call forwarding, call waiting, voicemail, conference calling, and multi-party messaging). You will be charged for text, instant or picture messages, and email whether read or unread, sent or received, solicited or unsolicited. We use filters to block spam messages, but we do not guarantee that you will not receive spam or other unsolicited messages. Most usage and Charges incurred during a billing cycle will be included in your bill for that cycle. Some usage and Charges may be delayed to a later billing cycle, which may cause you to exceed Rate Plan allotments in a later billing cycle. Unused Rate Plan allotments expire at the end of your billing cycle. You may be billed additional Charges for certain features and services. Charges for Wi-Fi usage may differ; see your Rate Plan for more details.
Taxes: You agree to pay all taxes and fees imposed by governments or governmental entities. We may not give notice of changes to these charges. To determine taxes & fees, we use the street address you identified as your Place of Primary Use (“PPU”). The PPU for Puerto Rico customers must be in Puerto Rico. If you did not identify the correct PPU, or if you provided an address, such as a PO Box, that is not a recognized street address, does not allow us to identify the applicable taxing jurisdiction(s) or does not reflect the Service area associated with your telephone number, you may be assigned a default location for tax purposes. Except as may be otherwise required by law, in the event you dispute your PPU or the location we assigned you and the resulting taxes or fees applied on your bill, you must request a refund of the disputed tax or fee within 60 days of the date of our bill containing such tax or fee. Regardless of any Rate Plan guarantee, taxes and fees may change from time to time without notice.
If we don’t enforce our rights under this Agreement in one instance, that doesn’t mean we won’t or can’t enforce those rights in any other instance. Except as provided in the Section entitled “How Do I Resolve Disputes with SmartSIM USA”, if any part of the Agreement is held invalid that part may be severed from the Agreement.
You can’t assign or transfer the Agreement or any of your rights or duties under it without our written consent. We may assign or transfer all or part of the Agreement, or your debts to us, without notice. You understand that the assignment or transfer of all or any part of this Agreement or your debt will not change or relieve your obligations under this Agreement.
The Agreement is the entire agreement between you and us regarding the rights you have with respect to your Service, except as provided by law, and you cannot rely on any other documents or statements by any sales or service representatives or other agents.
The original version of the Agreement is in English. To the extent there are conflicts between the English version and any other language version, the English version will control.
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by SmartSIM USA, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your smartsimusa.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and SmartSIM USA may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause SmartSIM USA liability. You must immediately notify SmartSIM USA of any unauthorized uses of your blog, your account or any other breaches of security. SmartSIM USA will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by SmartSIM USA or otherwise.
By submitting Content to SmartSIM USA for inclusion on your Website, you grant SmartSIM USA a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, SmartSIM USA will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, SmartSIM USA has the right (though not the obligation) to, in SmartSIM USA's sole discretion (i) refuse or remove any content that, in SmartSIM USA's reasonable opinion, violates any SmartSIM USA policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in SmartSIM USA's sole discretion. SmartSIM USA will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay SmartSIM USA the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify SmartSIM USA before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to SmartSIM USA in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay SmartSIM USA the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. SmartSIM USA reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to SmartSIM USA.
- Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by SmartSIM USA to respond within one business day) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free smartsimusa.com services. All support will be provided in accordance with SmartSIM USA standard services practices, procedures and policies.
- Responsibility of Website Visitors. SmartSIM USA has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, SmartSIM USA does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. SmartSIM USA disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which smartsimusa.com links, and that link to smartsimusa.com. SmartSIM USA does not have any control over those non-SmartSIM USA websites and webpages, and is not responsible for their contents or their use. By linking to a non-SmartSIM USA website or webpage, SmartSIM USA does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. SmartSIM USA disclaims any responsibility for any harm resulting from your use of non-SmartSIM USA websites and webpages.
- Copyright Infringement and DMCA Policy. As SmartSIM USA asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by smartsimusa.com violates your copyright, you are encouraged to notify SmartSIM USA in accordance with SmartSIM USA's Digital Millennium Copyright Act ("DMCA") Policy. SmartSIM USA will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. SmartSIM USA will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of SmartSIM USA or others. In the case of such termination, SmartSIM USA will have no obligation to provide a refund of any amounts previously paid to SmartSIM USA.
- Intellectual Property. This Agreement does not transfer from SmartSIM USA to you any SmartSIM USA or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with SmartSIM USA. SmartSIM USA, smartsimusa.com, the smartsimusa.com logo, and all other trademarks, service marks, graphics and logos used in connection with smartsimusa.com, or the Website are trademarks or registered trademarks of SmartSIM USA or SmartSIM USA's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any SmartSIM USA or third-party trademarks.
- Advertisements. SmartSIM USA reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- Attribution. SmartSIM USA reserves the right to display attribution links such as 'Blog at smartsimusa.com,' theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
- Changes. SmartSIM USA reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. SmartSIM USA may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. SmartSIM USA may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your smartsimusa.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by SmartSIM USA if you materially breach this Agreement and fail to cure such breach within thirty (30) days from SmartSIM USA's notice to you thereof; provided that, SmartSIM USA can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is". SmartSIM USA and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither SmartSIM USA nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will SmartSIM USA, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to SmartSIM USA under this agreement during the twelve (12) month period prior to the cause of action. SmartSIM USA shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless SmartSIM USA, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between SmartSIM USA and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of SmartSIM USA, or by the posting by SmartSIM USA of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Florida, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Orange County, Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Orange County, Florida, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; SmartSIM USA may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
THAT Travel Solution Mobile, LLC ("SmartSIM USA") operates smartsimusa.com and may operate other websites. It is SmartSIM USA's policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, SmartSIM USA collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. SmartSIM USA's purpose in collecting non-personally identifying information is to better understand how SmartSIM USA's visitors use its website. From time to time, SmartSIM USA may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
SmartSIM USA also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on smartsimusa.com blogs/sites. SmartSIM USA only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to SmartSIM USA's websites choose to interact with SmartSIM USA in ways that require SmartSIM USA to gather personally-identifying information. The amount and type of information that SmartSIM USA gathers depends on the nature of the interaction. For example, we ask visitors who sign up at smartsimusa.com to provide a username and email address. Those who engage in transactions with SmartSIM USA are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, SmartSIM USA collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with SmartSIM USA. SmartSIM USA does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
SmartSIM USA may collect statistics about the behavior of visitors to its websites. SmartSIM USA may display this information publicly or provide it to others. However, SmartSIM USA does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
SmartSIM USA discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on SmartSIM USA's behalf or to provide services available at SmartSIM USA's websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using SmartSIM USA's websites, you consent to the transfer of such information to them. SmartSIM USA will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, SmartSIM USA discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when SmartSIM USA believes in good faith that disclosure is reasonably necessary to protect the property or rights of SmartSIM USA, third parties or the public at large. If you are a registered user of an SmartSIM USA website and have supplied your email address, SmartSIM USA may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with SmartSIM USA and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. SmartSIM USA takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If SmartSIM USA, or substantially all of its assets, were acquired, or in the unlikely event that SmartSIM USA goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of SmartSIM USA may continue to use your personal information as set forth in this policy.