1. AGREEMENT.

These Terms & Conditions contain important information about your Service and constitute an agreement between you and Gen Mobile (the "Agreement"). The Agreement is comprised of several components, which may be amended or updated at any time and from time to time in Gen Mobile’s sole and absolute discretion (effective immediately upon posting), including, without limitation: (a) these Terms & Conditions, (b)the Consumer Policies & Privacy Notice, (c) MyGenMobile App End User License Agreement, (d) the Auto Pay Authorization, (e) the International Long Distance ("ILD") Consumer Agreement, (f) the Global Unlimited Text Messaging, (g) the rate plan that you select when initiating or using the Service (the "Rate Plan"), and (h) other terms, rules, or policies as made available to you from time to time.

You ("you", "your" refers to all users of the Services provided under this Agreement, including all beneficiaries of this Agreement) accept this Agreement when you: (i) activate your Service, (ii) use Gen Mobile’s Service, or (iii) pay for the Service.

By activating and/or using the Service you agree to be bound by the Agreement, including, without limitation, these Terms & Conditions. If you do not agree to the terms in the Agreement, do not initiate Service or use the Services in any way.

By clicking "Pay Now," prior to purchasing a mobile Device, you agree that you have read and understand the limitations associated with the 911 and E-911 services and E-911 services available through Gen Mobile. If you do not agree, you are not authorized to use Gen Mobile Services.

You represent to Gen Mobile that you are at least eighteen (18) years old and legally able to enter into an agreement. If you are accepting on behalf of an organization, you represent to Gen Mobile that you are an authorized person capable of binding said organization. By activating and/or using the Service, you agree to every provision of this Agreement, whether or not you have read it. Please carefully read this Agreement in its entirety, including the MANDATORY ARBITRATION and the CLASS ACTION WAIVER provisions.

This Agreement makes up the complete Agreement between you and Gen Mobile and supersedes any and all prior and contemporaneous agreements, arrangements, representations, advertising, contracts, offers, statements, and understandings relating to the contents of this Agreement, whether oral or written, including, but not limited to, all previous versions of the Terms & Conditions. You cannot rely on any other documents or statements by any sales person, service representative, or other agent and you acknowledge and agree that you have not relied on any representation, assertion, contract, guarantee, warranty, or other assurance, stated or made by anyone except those set out in this Agreement.

You agree that all applicable laws and regulations governing Gen Mobile’s Services are incorporated in their entirety by this reference and as if set forth specifically in this Agreement.

You also agree that you are subject to Gen Mobile’s business policies, practices, and procedures, which Gen Mobile can change at any time and from time to time in Gen Mobile’s sole and absolute discretion without notice (collectively, the "Business Policies").

2. SERVICES. Gen Mobile offers nationwide wireless text, voice, and data services. Depending on your Rate Plan, network coverage, and Device and SIM type (5G or 4G LTE capable Device and SIM to access 5G or 4G LTE speeds), data speeds may (but in no event are guaranteed to) reach up to 5G or 4G LTE. Actual availability, network coverage, and speed may vary.

3. DOMESTIC MINUTES AND MESSAGING. Domestic airtime and other measured voice usage charges are calculated from when your Device first initiates contact with a network until the network connection is broken, whether or not the connection was successful (i.e. busy signals or unanswered calls). Call times are measured in whole minutes and rounded up to the nearest minute. All phone usage incurs charges, including directory assistance, inbound/outbound calls and messaging, international calls, and voicemail deposits/retrievals. On a call that crosses time periods with different pricing, minutes are charged based on the call start time. Gen Mobile may impose limits on the number of emails, texts, voicemails, or other messages that can be held in your account. Indicators of messages on your Device, including mailbox and text message icons, may not always provide an up-to-date indication of new messages and you may need to manually reset or clear your mailbox and text message indicators. Legitimate messages may be inadvertently interrupted by software aimed at the prevention of unsolicited messages you may have on your Device.

4. INTERNATIONAL MINUTES. International long distance services ("ILD Services") are provided by Elite Telecom, a third party provider. A list of unlimited destinations for ILD Services and the list of rates for international destinations can be found at this page. Unlimited destinations are subject to change at any time without prior notice. There are no additional fees or surcharges associated with ILD Services, and ILD Services expire thirty (30) days after activation and/or recharge. To see additional terms and conditions in the ILD Consumer Agreement, go to this page. For more information on international text messaging or Gen Mobile’s Global Unlimited Text Messaging, please go here. Gen Mobile offers free international toll limitation on plans that do not have ILD services.

5. TEXTING AND PICTURE MESSAGING. Text messages are limited to 160 characters per message, including spaces. Text and picture messages can be sent and received to domestic and certain international destinations. Premium text messaging, if available, may be subject to additional fees. All messages, including text and picture messages, are charged when sent or received, regardless of whether they are read or unsolicited. Regardless of who initiates the activity, Gen Mobile is not responsible for any of the data activity sent or received to your Device. For messages delivered to your Device in multiple segments, you will be charged for each segment of the message received. When a single message is delivered from your Device to multiple recipients, you will be charged for each recipient of the message. Gen Mobile reserves the right to limit picture message size at any time. In order to protect the network, Services or any other business purpose in Gen Mobile’s sole and absolute discretion, Gen Mobile may issue separate charges, limit the amount of data transfer, or otherwise limit or terminate Services. Memory limitations on your Device may prevent some data or content from being stored or properly displayed on your Device. Gen Mobile is not responsible for the failure to store data or content nor the deletion of such data or content. Picture and video messaging consume data and are only available on Devices programmed for such data.

SMS Program Disclosures. Gen Mobile may send you automated text messages for account alerts, updates, or promotional purposes. Users confirm and opt in to these programs via clear methods, including web forms, in-person sign-ups, or text keywords. Message frequency varies. You may reply STOP at any time to opt out of further text messages. Reply HELP for additional assistance, or contact Customer Care at 1-833-528-1380. Message and data rates may apply. Mobile carriers are not liable for delayed or undelivered messages.

6. DATA SERVICES. Your Device may not be able to access data, or you may be charged for data on a pay per use basis unless data Services are included in your Rate Plan. Gen Mobile provides data and messaging Services that may include features that can be used with data Services and wireless content and applications ("Data Services"). Data Services are based on the capabilities and capacity of each Device, and compatible data-enabled wireless Devices are required. Gen Mobile may measure and meter your usage of Data Services depending on your selected Rate Plan. For Data Services with a limit, when you near your data limit, Gen Mobile may send a text message or email to alert you that you are approaching your data limit maximum. Gen Mobile reserves the right at any time to alter the types of usage that are permissible for Data Services. Because the wireless data network capacity is limited, Data Services may only be used for permissible purposes in accordance with this Agreement. Data Services usage includes, but is not limited to, the actual data sent and received along with header packets, overhead, and may include other information sent in connection with a data session where Data Services is used. Usage of Data Services on other carriers’ networks may not be available or may be limited. Charges and availability are based on the location of the cell site receiving and transmitting the Data Services. Your Data Services are intended for web browsing, messaging, taking pictures or video recordings, downloading and playing applications or software, and similar activities on your wireless Device. Data Services may also include, for example, multimedia streaming and video on demand services, as well as certain multimedia uploads, downloads and gaming services and applications. (Uploads are data sessions where the data is transferred from your Device to some other computer or wireless device, while downloads are data sessions where the data is transferred from some other computer or wireless device to your Device.) As between you and Gen Mobile, it is your responsibility to monitor the data use and other uses or access to your Device by children or minors. Data Services do not include any services or uses that violates or are prohibited under this Agreement, including, without limitation, any rule or policy of Gen Mobile. You acknowledge and agree that your Data Services usage may vary depending on certain factors outside of Gen Mobile’s control, including but not limited to the amount of users on the bit rate(s) of your data session; the distance to the serving cell site; the management of backhaul at the serving cell site, any application(s) you are using for your data session; the network congestion; the number of users served by your serving cell site; the screen size of your Device; the type(s) and amount(s) of compression used by the computers or Devices involved in the data session; and any error(s) that might occur in the data session. Gen Mobile may temporarily slow your speed at any time in the event our network is busy, you exceed your allotted Data Services, or your use is deemed unreasonable use and in violation of the Agreement. You may review and assess your Data Services usage during an applicable Service Cycle by checking your MyGenMobile App or calling Customer Care.

7. DATA MEASUREMENTS AND RESTRICTIONS. Actual data speeds may vary based on location and Device capability. Data Service usage is measured in megabytes (MB), not minutes. Usage rounding occurs at the top of each clock hour while in a session and at the end of each session and is then deducted from your account balance based on the terms of your Rate Plan. Data Service usage will be assessed for all data directed to the internet protocol address assigned to your Device, regardless of who initiates the activity or whether your Device actually receives the data. We may throttle Your Data Service after You exceed the data allotment of or as advertised in Your Rate Plan. Mobile hotspot, subject to availability, will draw from Your data allotment of or as advertised in Your Rate Plan.

8. SERVICE CYCLE. Each Service Cycle is set for thirty (30) days, and your account will expire if no new or recurring payment is made. You are not entitled to any refund for any portion of your Services that are not used during the Service Cycle, and Gen Mobile does not allow any unused Services to roll over.

9. CHARGES AND PAYMENTS.

You are responsible for paying all charges for Services provided under this Agreement ("Service Charges"). The Rate Plan you select determines the Service Charges you must pay, plus any applicable fees, surcharges, and taxes. Not all offers may be available everywhere or combinable with other promotions/options. Service Charges include, but are not limited to, the following:

1. messaging charges;
2. airtime or voice call charges, as applicable;
3. data usage charges, as applicable;
4. international long-distance charges, as applicable;
5. activation charges, as applicable;
6. processing fees, as applicable; and
7. any charges or calls billed to your phone number.

You are responsible for all Service Charges to your account, whether or not you were the user of the Device. You must pay all fees, surcharges, and taxes set by federal, state and local governments. To determine fees, surcharges, and taxes, Gen Mobile will use the address you identified as your Primary Service Address ("PSA"). If you did not identify the correct PSA, or if you provided Gen Mobile with an address that is not a recognized street address, does not identify the applicable taxing jurisdictions, or does not reflect the Service area associated with your telephone number, you may be assigned a default PSA. In addition, you agree to pay all regulatory administration fees, surcharges, and taxes, which may include, but are not limited to, Subscriber Line Charges, Regulatory Cost Recovery Fees, various administrative charges, gross receipts charges, processing fees, margin taxes, and charges for the costs Gen Mobile incurs in complying with governmental programs. Regulatory administration charges are not taxes and are not required by law. Gen Mobile sets these charges, and the amounts and what they include are subject to change. They are rates Gen Mobile chooses to collect from you and are kept by Gen Mobile in whole or in part. Gen Mobile determines the rate for these charges, and these amounts are subject to change, as are the components used to calculate these amounts. Changes to fees, surcharges, and taxes will become effective as provided by the taxing or regulatory authority and changes to regulatory administration charges shall be effective immediately.

You may authorize recurring payment for your Services through a credit or debit card or bank transfer authorization ("Auto Pay Authorization"), which authorizes Gen Mobile to charge all amounts you owe Gen Mobile up to five (5) days prior to the payment due date and to demand immediate payment from the card or debit issuer or bank. Unless required by law or as stated in Wallet Auto Pay (see below paragraph), Gen Mobile will not give any additional notice to you or obtain additional consent from you before charging for your Services to that credit or debit card. You must promptly notify Gen Mobile of any change in the credit or debit card or bank transfer authorization you desire to use for payment. If available, you may also make a payment by credit or debit card online via Gen Mobile’s website, via phone through Customer Care, via MyGenMobile App, or via any authorized third party payment processing providers. An additional processing charge may be required, depending on the payment method you choose. If you pay with a check or another negotiable instrument that is returned unpaid by a financial institution for any reason (i.e. insufficient funds), Gen Mobile may charge an additional fee of up to the maximum amount permitted by law for each returned item. Gen Mobile reserves the right, in Gen Mobile’s sole and absolute discretion, to require that you pay for your Services with cash, certified check, cashier’s check, or money order. Gen Mobile also reserves the right to report any check returned to Gen Mobile to reporting and credit agencies and law enforcement.

If you add money into your Gen Mobile account wallet ("Wallet"), you agree that Gen Mobile may apply payments or prepayments (e.g., Auto Pay) in any order to any amount you owe on any account or pursuant to your consent. You will receive a notice prior to an Auto Pay from your Wallet ("Wallet Auto Pay"). You may cancel any Wallet Auto Pay by calling Customer Care. Gen Mobile will refund final credit balances in your Wallet less a $5 administrative fee upon written request or by calling Customer Care, unless otherwise required or prohibited by law. The administrative fee is a reasonable fee to manually process the refund and to issue and mail you a check of the remaining balance. If you are no longer a Gen Mobile customer and have less than $5 in your Wallet, Gen Mobile will transfer the remaining balance into an equivalent service of which you will have 30 days to use. After such period, the balance will be exhausted and services expired.

10. ACTIVATION FEE. A one-time activation fee of $39 will be charged to all new or transferred accounts.

11. 7-DAY MONEY BACK GUARANTEE FOR ONLINE PURCHASES.

Gen Mobile provides a 7-Day Money Back Guarantee for mobile Devices and/or Rate Plan purchases made through the Gen Mobile website at www.genmobile.com. Purchases made from authorized retailers or distributors do not qualify for this guarantee. The 7-Day Money Back Guarantee allows you to try mobile Devices purchased from Gen Mobile’s website and Gen Mobile’s Rate Plan for seven (7) calendar days, and, if you are not satisfied with it, you may ask for a full or partial refund in the original form of payment. A mobile Device purchased with a Rate Plan may be:

1. kept with any unused Rate Plan refunded, or
2. returned to Gen Mobile with any unused Rate Plan refunded.

Any returned mobile Device will be subject to Gen Mobile’s Limited Warranty and Return Policy, Return Merchandise Authorization ("RMA"), and any applicable provisions herein. To request your refund under the 7-Day Money Back Guarantee, please call Customer Care at (833) 528-1380 during regular business hours and within seven (7) calendar days of activating the services of the Rate Plan to open your RMA ticket for your Rate Plan or mobile Device, if applicable. When calling Customer Care, please make sure you have the following information: order number, phone number, and ESN/IMEI number, if applicable. Please allow up to thirty (30) to forty-five (45) business days from the date of your RMA ticket to process your refund. Refunds for the bring your own device ("BYOD") SIM kit will be processed upon receipt by Gen Mobile. The completion of your refund may be dependent on the policies of your bank or credit card company. Gen Mobile may deny your refund if it believes, in its sole discretion, that there is abuse or fraud or any violation of the Agreement, including without limitation, these Terms & Conditions, by you.

12. SERVICE USAGE LIMITS AND ADD-ONS; FREE BLOCKING OF 900/976 NUMBERS. Some Rate Plans have a limited number of minutes and/or data. Services expire at the end of the Service Cycle or when any applicable Service limits are reached, whichever comes first. If you exceed your allotted Service limits for minutes and/or data during your Service Cycle, that Service will be disconnected immediately. You may purchase additional domestic minutes, international minutes, or data services ("Add-ons") at any time during your Service Cycle. Add-ons expire when your Rate Plan terminates, or in thirty (30) days if you successfully make a recurring payment for the next Service Cycle. If You have an active Rate Plan with Gen Mobile, Gen Mobile blocks for free 900/976 numbers or information services and will provide a one-time free billing adjustments for 900/976 numbers or information services related to charges inadvertently or mistakenly incurred, or without authorization.

13. 15-DAY TEXT FREEBIE; ACCOUNT DEACTIVATION. When your Rate Plan terminates, your account will automatically enter into the 15-Day Text Freebie period. During the 15-Day Text Freebie period, you will be able to send text messages only (voice and data Services will not be available). If the 15-Day Text Freebie period ends and you do not pay for a new Service Cycle, your account will become inactive. If your account is inactive, you will not be able to use your wireless Device for any purpose except to call 911 for emergency services and to Customer Care. Fifteen (15) days after your account becomes inactive, your account will be deactivated, and you will lose your phone number. You must contact Customer Care before account deactivation occurs if you do not want to lose your phone number, and activation fees may apply. The 15-Day Text Freebie is only available for individual SMS texts only (no MMS, including images, videos, and group messages).

14. BILLING DISPUTES. You can only dispute your charges within sixty (60) days of being charged. Unless otherwise provided by law or if you are disputing charges because your Device was lost or stolen, you are still required to pay all charges until the Billing Dispute is resolved. If you dispute any charges, you must notify Gen Mobile in writing at the address set forth in Section 41 Notices within sixty (60) days of the charge, or else you will have waived your right to dispute the charge. If you accept any credit, refund, or other compensation or benefit to resolve a disputed charge, you agree the Billing Dispute is fully and finally resolved, and such credit shall act as a full accord and satisfaction. All amounts paid for service charges already received are non-refundable.

15. CANCELLATION OF SERVICE. You may cancel your Service at any time by contacting Gen Mobile. However, no refunds are allowed nor will any refunds be provided to you for any cancellation of Services.

16. USE OF SERVICE.

Gen Mobile’s Rate Plans and Services are intended for reasonable use. You agree to use the Services in strict accordance with the Agreement, including, without limitation, these Terms and Conditions, and to comply with all applicable rules, regulations, policies and laws. You agree to defend, indemnify, and hold harmless Gen Mobile and its subsidiaries, affiliates, parent companies, stockholders, directors, officers, employees, representatives, vendors, suppliers, and licensors from any claims arising out of, relating to, or in connection with, use of your Device or service, your acts or omissions, including, but not limited to, any violation by you of the terms & conditions of this agreement, the policies, or of any applicable statutes, ordinances, laws or regulations of any local, state, or federal authority, for your use of the device or service and any information you submit, post, transmit, or make available via the service, failing to provide appropriate notices regarding location-sensitive services, or failure to safeguard your passwords, or backup security question to your password or any other account information.

Gen Mobile reserves the right to limit, suspend, or terminate your Service at any time and for any reason in its sole and absolute discretion.

You agree you will not misuse the Service in any way, including but not limited to, the following actions:

1. accessing or attempting to access without authority the accounts, Devices, or information of others, or penetrating or attempting to penetrate Gen Mobile’s or another entity’s network or systems;
2. engaging in abusive or unsolicited communications;
3. engaging in any automated voice or data communications for commercial purposes, or other mass reselling or rebilling of the Services or Devices;
4. running software or other devices that maintain continuously active internet connections when a computer connection would otherwise be idle;
5. "spamming";
6. telemarketing;
7. using the Service to engage in any unlawful activity;
8. using the Service as a continuous connection or dedicated private line;
9. using the Service in a way that adversely affects Gen Mobile’s business, customers, network, Service or any other persons;
10. using the Service in a way that interferes with Gen Mobile’s operations, reputation, or ability to provide services;
11. using the Service to establish or provide a commercial or private dispatch service;
12. using the Service in connection with host computer applications or server Devices, including automated or continuous Devices or applications that could disrupt user groups or email use by others, or other applications harmful to network capacity or functionality;
13. assisting anyone else in any of the foregoing activities, whether knowingly or unknowingly;
14. modify any software included in any Device(s);
15. utilize any Device(s) as a modem for computers or other equipment (or otherwise tether such Device to any such computers or other equipment), unless Gen Mobile identifies the Rate Plan and/or Device provided as specifically intended for that purpose;
16. violate or infringe any copyright, patent, trademark or trade secret or right of privacy or publicity or any other personal or proprietary right of any third parties;
17. will not send or attempt to send any message(s) that include a virus, Trojan horse, worm, back door, trap door, time bomb, drop-dead device, timer, clock, counter or other limiting routine, as well as any other instructions, designs, software routines, or hardware components designed to:
    1. disable, erase, or otherwise harm software, hardware, data, text or any other information stored in electronic form;
    2. cause any of the foregoing with the passage of time; or
    3. place a program or hardware under the positive control of a person other than an owner or licensee of the program or hardware; or
18. will not send or attempt to send any message(s) that include any spamming, mail-bombing, spoofing, or any fraudulent, illegal or unauthorized use. Any action or activity in Violation of this Section can result in suspension or termination of your Gen Mobile Services.

You agree that any violation of this section harms Gen Mobile, and that harm cannot be fully remedied by monetary damages. You agree that Gen Mobile is entitled to immediate injunctive relief in addition to all other remedies available, if any violation of this section occurs. You further agree that Gen Mobile is not responsible for any advice, applications, opinions, statements, or other information provided by third parties and obtained through Gen Mobile’s Services, including the internet. You are responsible for any use of the Services through any Device on your account including, but not limited to, use by minors. You acknowledge that the Services are provided through the nationwide wireless network of an underlying service provider and your use of Services may be subject to its terms and conditions.

17. GEN MOBILE’S RIGHTS ON SERVICE. Gen Mobile may at any time in its sole and absolute discretion discontinue providing Service to you; change your Rate Plan or the Services provided; reduce the speed of any Service provided, cap, or restrict the amount of use of any Service; discontinue or suspend your account; or discontinue or limit providing connections to particular telephone numbers, features, providers, Services, or types of Services used, requested, or called by you or allow the provision of certain Services or Services in certain areas, at certain times or speeds that, in the sole discretion and judgment of Gen Mobile, appear likely to generate abnormally or unreasonably high call volumes, abnormally or unreasonably long average call lengths, calls with abnormally or unreasonably high costs, abnormally or unreasonably high use, or other disproportionate use in comparison to those of other customers of Gen Mobile, numbers or types of Services which may be disruptive, harmful, or interfere with Gen Mobile’s system or services to other customers. Gen Mobile may, but is not required to, provide notice to you before taking any of the foregoing actions. By activating and using any Gen Mobile Service, you enter into this Agreement and acknowledge and agree to Gen Mobile’s ability to modify or terminate your Service under these circumstances. Gen Mobile’s Services may not be used to transmit content or messages that are abusive, fraudulent, illegal, or obscene; or that would adversely affect Gen Mobile’s customers, property, reputation, Services or the network. You are prohibited from using Gen Mobile Services for unsolicited commercial activity or unsolicited advertising. Gen Mobile has the sole discretion to limit, modify, suspend, or terminate accounts without notice to anyone using Gen Mobile Services in any prohibited manner or otherwise in violation of the Agreement or these Terms and Conditions.

18. NETWORK MANAGEMENT BY GEN MOBILE. Gen Mobile reserves the right to help manage the network in the way that best enables Gen Mobile to maintain Service for Gen Mobile’s customers and minimizes capacity and degradation in the network. Should Gen Mobile’s ability to provide Service to Gen Mobile’s customers be disrupted when you place an abnormally or unreasonably high number of calls, repeatedly place calls which result in abnormally or unreasonably long call lengths, repeatedly place calls with abnormally or unreasonably high costs, high or disproportionate use, or otherwise use Gen Mobile’s Services or the network in excess of the normal or expected amount of use, Gen Mobile reserves the right to block or discontinue Service to certain categories of service, customers, or telephone numbers; to terminate calls or services as described above; to reduce the speed Services are provided; and/or to restrict the amount of an account’s usage.

19. PHONE NUMBER. Gen Mobile will assign a phone number to your Device for your exclusive, non-commercial use, but you will not own nor have any rights to the phone number, except for the right to port the phone number to another carrier. Gen Mobile can change, eliminate, or reassign any phone number by giving you notice. If your account is deactivated or terminated for any reason, Gen Mobile can reassign the phone number without giving you any notice. You may not assign the phone number to any other Device, equipment, or other party without Gen Mobile’s prior consent. If you assign the phone number without Gen Mobile’s approval, Gen Mobile reserves the right to terminate your Service. You can request a phone number change up to two (2) times at no cost. Thereafter, additional number changes will be $10 per change. You may be able to port your phone number to another carrier. If you port a phone number from Gen Mobile, Gen Mobile will treat it as though you are canceling your Service for that phone number. After the porting is completed, you will not be able to use Gen Mobile’s Service for that phone number, but you will remain responsible for any and all fees and charges through the end of that Service Cycle. If you port a phone number to Gen Mobile, please be aware that Gen Mobile may not be able to provide some Services right away, such as 911 location services. Gen Mobile may charge you a fee to reimburse for the costs incurred to meet the equipment, infrastructure, and technology requirements necessary to enable number porting. Gen Mobile does not guarantee that phone number transfers to, or from, Gen Mobile will be successful.

20. MONITORING OF CALLS. In order to ensure the quality of Gen Mobile’s Services and for other lawful purposes, Gen Mobile may monitor or record any calls that you make to Gen Mobile or that Gen Mobile makes to you, such as calls with Customer Care.

21. ABUSE OF UNLIMITED RATE PLAN.

For any Rate Plan that includes unlimited features, "unlimited" does not mean unreasonable use. Gen Mobile’s unlimited voice features are provided solely for dialogue between two individuals and for non-commercial use. Other uses that disproportionately impacts the network capacities are considered to be unreasonable. Unreasonable voice use includes, but is not limited to, the following: autodialed calls, monitoring services, transmission of broadcasts, telemarketing, call center services, an abnormally high number of conference calling, calls, or messages, and/or calls of abnormally long duration. Gen Mobile’s unlimited data or messaging features are provided solely for purposes of email access, non-commercial messaging, non-continuous streaming of data (e.g., downloading files), and web browsing. While most common uses are permitted by Gen Mobile’s data and messaging features, there are certain uses that cause extreme network capacity issues and are therefore prohibited and in violation with these Terms & Conditions. Gen Mobile’s data and messaging services may not be used:

1. to disrupt email use by others using automated or manual routines, including, but not limited to "auto-responders" or cancel bots or other similar routines;
2. to generate excessive amounts of internet traffic through the continuous, unattended streaming, downloading, or uploading of photos, videos or other files;
3. to maintain continuous active network connections to the internet such as via a web camera or automated machine-to-machine connection or peer-to-peer file sharing;
4. to operate hosting services;
5. to facilitate or transmit any unsolicited or unauthorized advertising, promotional materials, "spam," unsolicited commercial or bulk email or messaging;
6. for activities adversely impacting the ability of other people or systems to use either Gen Mobile’s wireless services or other parties’ internet-based resources, including, but not limited to, "denial of service" attacks against another network hosts or individual users;
7. as a dedicated data connection;
8. for abnormally or unreasonably long data transmissions; or
9. for any other reason that, in Gen Mobile’s sole discretion, violates Gen Mobile’s policy of providing "unlimited" Services for non-commercial use.

22. COVERAGE LIMITATIONS; ROAMING. Wireless Services are limited to the operating capacity, range, and spectrum of the nationwide network in your service area. Any coverage map made available to you when you activated Service only represents an approximation of Gen Mobile’s anticipated wireless coverage and is subject to change without notice. Gen Mobile does not guarantee availability of the wireless network coverage, and Services may be subject to Device and compatibility limitations. Many factors beyond Gen Mobile’s control (such as network problems, network or internet congestion, software, signal strength, the Mobile Device, structures, buildings, weather, geography, topography, server speeds of the websites accessed, etc.) affect your ability to make and receive calls on your wireless Device, the quality of those calls, and the speed of your Service. As a result, sometimes Service, including calls or attempted calls to emergency services like 911, may be interrupted, may fail, or may result in dropped or blocked connections. It may also become unavailable, experience slow service speeds, or have poor call quality. When you are outside of Gen Mobile’s coverage area, access will be limited to data and applications previously downloaded to your Device, and not all Services may work. You agree that Gen Mobile is not liable for Service interruptions or problems caused by those factors beyond Gen Mobile’s control. Gen Mobile’s Services and Rate Plans are designed for your use within Gen Mobile’s coverage area and on the networks. Gen Mobile may provide roaming coverage and is subject to change from time to time, without notice, and may not always be available. Roaming means coverage on another carrier’s network. If roaming is available, your Device will generally let you know. Roaming coverage can also depend on your Device, your Service, and/or the availability of such coverage. Not all Services may be available or work the same when roaming. While roaming, separate charges and/or limits for your Services may apply. As designated by Gen Mobile, international roaming may be available in certain countries on select Gen Mobile plans with the International Roaming feature at no additional charge (see plan details to see if this feature is included in your plan). The International Roaming feature will include voice, text, or data or a combination thereof and rates may vary based on roaming country. Rates are subject to change at any time from time to time with or without notice. Any unused balance of the International Roaming feature at the end of a billing cycle (e.g., at renewal, cancellation or switching of your plan) will not roll over to the next billing cycle. You may also purchase an International Roaming add-on ("IR Add-on"). This IR Add-on will have its own 30-day cycle starting from the date of purchase, but an underlying monthly plan or Service is required to use an IR Add-on. Any unused balance of the IR Add-on will not roll over under any circumstances. You understand that Gen Mobile reserves the sole and absolute right to limit the use of the International Roaming feature and/or purchases of IR Add-ons with or without notice to you.

23. LOCATION-BASED SERVICES OR GPS. Gen Mobile may collect location information about your Device in relation to the underlying network’s cell towers and the GPS and use that information to provide you with Services and to maintain and improve the wireless network. Your Device may have the capability of using optional content offered by Gen Mobile or third parties that uses your Device’s location. You are subject to the Terms & Conditions and other policies for those location-based services and should review those policies to learn how your location information will be used. If you choose to use location-based services, you agree that Gen Mobile may use the location information transmitted from your wireless Device to improve Gen Mobile’s location services, and you authorize Gen Mobile to send targeted, location-based information to your mobile Device, and to use or provide third parties with your location information in anonymized, aggregate form. Your wireless Device may require you to affirmatively choose to use location-based services, or you may choose to use location-based services.

Certain services that rely on location information, such as E911 and GPS navigation, depend on your wireless Device’s ability to acquire satellite signals and the network coverage. Unlike traditional wireline telephones, 911 operators may not know your wireless Device’s number or location. Due to certain technical constraints, Gen Mobile makes no guarantee that emergency 911 calls will be routed to a specific Public Safety Answering Point or any particular public safety organization, nor is Gen Mobile responsible for the acts or omissions of those parties. E911 service, where enabled by local emergency authorities, uses GPS technology to provide location information. However, E911 does not always provide accurate location information.

24. MOBILE CONTENT AND THIRD PARTY APPLICATIONS. Certain content and applications available through your wireless Device are provided by third parties. Before you use or download any content or applications provided by a third party, you should review its terms & conditions and any other applicable policies. Any personal information you submit via third party content and/or applications may be collected or used by the third party provider. Gen Mobile is not responsible for third party content and/or applications, including delay, download, failure, installation, interruption, transmission or use, or any content or website you may be able to access through the content and/or applications. When you download, install, or use any content and/or applications sold by a third party, you may be subject to license terms between you and the third party. When you use, install, display, run, or listen to content and/or applications purchased from Gen Mobile, the content and applications are licensed to you by Gen Mobile and may be subject to additional license terms between you and the creator/owner of the content and/or application. You understand and agree that the content and applications are protected by law and are solely for your personal, non-commercial use. You understand and agree that all rights not expressly granted herein are reserved by the applicable content owner.

25. DEVICES. Any Device or equipment that you use in connection with Gen Mobile’s Services must, in Gen Mobile’s sole discretion, be compatible with, and not interfere with, Gen Mobile’s Services and the network, and must comply with all applicable laws, rules, and regulations. Gen Mobile may periodically program your Device remotely or over-the-air ("OTA") for features that cannot be changed manually. Gen Mobile assumes no responsibility for the condition or repair of any Device or equipment that you provide. You agree you will not use Gen Mobile phones with any non-Gen Mobile Services or on any other network and not in violation with these Terms & Conditions and/or any laws or regulations.

26. DEVICE COMPATIBILITY AND UNLOCKING POLICY. Gen Mobile’s Services will work with wireless Devices compatible with the network. Not all Services are available with all wireless Devices or on all networks. Please be aware that Gen Mobile may change your wireless Device’s applications, programming or software remotely or OTA, without notice. This may impact your stored data, or how you have programmed or use your Device. Your Device may not work with another wireless network, and other wireless carriers may not permit your Device on their networks. Some features are only available on Gen Mobile Devices. Gen Mobile is not responsible for any information, including personal and/or sensitive information, on your Device. If possible, you should remove or otherwise safeguard any personal and/or sensitive information when your Device is out of your control or possession. If you submit your Device to Gen Mobile, you agree that its employees, contractors or vendors may access the information on your Device.

"Unlocking" a Device refers only to disabling software that would prevent you from activating your Device on another wireless carrier’s network. Gen Mobile makes no guarantee that an unlocked Device will work on another carrier’s network. Additionally, unlocking a Device may enable some functionality of the Device but not all (e.g., an unlocked device may support voice services but not data services when activated on a different network). Upon request, Gen Mobile will unlock your Device one (1) year after initial activation subject to the following conditions: (i) the Device was provided by or purchased from Gen Mobile or its authorized retailer or distributor; and (ii) the Device has not been reported lost or stolen, or associated with fraudulent activity. To request a Device unlock, please call Customer Care. Gen Mobile will respond to your request within two (2) business days. Gen Mobile will unlock a Device for deployed military personnel who are customers in good standing upon the provision of valid deployment papers. Even if you satisfy the conditions in this Device Unlocking Policy, we may refuse to unlock your Device if we believe it would result in an abuse of these policies, the Terms & Conditions, or that it is part of an effort to defraud us or our customers.

27. LOST/STOLEN DEVICES. You are responsible for all risk of loss, damage, destruction, or theft of your Device. Call Customer Care immediately if your Device is lost or stolen because you are responsible for usage charges before you notify Gen Mobile of the alleged loss. Once you notify Customer Care, Gen Mobile will suspend your Service. Gen Mobile will not credit or refund any account balance if you choose to terminate Services as a result of loss or theft of your Device. You agree to cooperate with Gen Mobile in investigating suspected fraudulent or unlawful use.

28. EQUIPMENT LIMITED WARRANTY AND RETURN POLICY. Gen Mobile offers a limited warranty against out-of-box defects for all Gen Mobile equipment such as mobile Device. Gen Mobile does not cover any water and/or physical damage caused by you or any normal wear-and-tear, cosmetic, or aging damage to the equipment while in your possession. If you purchased your Gen Mobile equipment directly from www.genmobile.com, you have thirty (30) days from the delivery date of your Gen Mobile equipment to return it to Gen Mobile for an exchange or repair. If you purchased your Gen Mobile equipment from an authorized retailer or distributor, you have fifteen (15) days from the delivery date of your equipment to return it to Gen Mobile for an exchange or repair. Gen Mobile reserves the right to exchange or replace the returned Gen Mobile equipment with the same or similar model of equal value based on availability. Please follow the RMA process stated herein these policies. Any unused Rate Plan will be credited upon shipment of the replacement or repaired equipment. Refunds are not allowed for Gen Mobile equipment purchased from an authorized retailer or distributor. Please check with the authorized retailer or dealer to see its refund policies. Non-Gen Mobile equipment are not eligible for any repairs, exchanges, or refunds from Gen Mobile, and you should review any applicable return policies from the retailer where you purchased your non-Gen Mobile equipment.

29. RETURN MERCHANDISE AUTHORIZATION PROCESS. You must call Customer Care at (833) 528-1380 to open a RMA ticket to return your Gen Mobile equipment. Within seven (7) days of opening the RMA ticket, you must return the Gen Mobile equipment in the original packaging and include the charger, battery, Device, headset (if applicable), UICC card (if applicable), and a copy of the purchase receipt. All passwords, personal identification numbers, and account information must be removed from the equipment before returning back to Gen Mobile. Any equipment that is locked will be denied and returned to you at your expense. You are responsible for the shipping cost to return the Gen Mobile equipment, and you must follow the Customer Care instructions on how to ship the equipment to: Gen Mobile, c/o RMA Team, RMA #________, P.O. Box 1187, Gardena, CA 90249. Gen Mobile is not responsible for any lost or mishandled packages. If the equipment is covered under the limited warranty, Gen Mobile reserves the right to exchange the equipment with a similar model of equal value, if the same model is not available. Gen Mobile will provide a thirty (30) day warranty on the exchanged or repaired equipment. Any unused Services will be credited upon shipment of the replacement or repaired equipment.

30. DISCLAIMER OF FURTHER EQUIPMENT WARRANTY.

WITH THE EXCEPTION OF THE EQUIPMENT LIMITED WARRANTY AND RETURN POLICY STATE ABOVE, STATEMENTS BY GEN MOBILE OR ITS EMPLOYEES AND AGENTS REGARDING THE DEVICES OR RELATED ACCESSORY EQUIPMENT SHOULD NOT BE INTERPRETED AS A FURTHER WARRANTY BY GEN MOBILE OR THE MANUFACTURER. GEN MOBILE MAKES NO FURTHER REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, ABOUT YOUR DEVICES OR ANY RELATED ACCESSORY EQUIPMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT DEPRIVE YOU OF ANY RIGHTS YOU MAY HAVE AVAILABLE TO YOU AGAINST THE MANUFACTURER. WITHOUT LIMITATION, GEN MOBILE SHALL NOT BE LIABLE TO YOU IN CONNECTION WITH:

1. THE WARRANTY PROVIDED BY THE MANUFACTURER,
2. ANY ACTIONS OR OMISSIONS OF THE MANUFACTURER, OR
3. ANY MALFUNCTION OR FAILURE OF THE DEVICE OR RELATED ACCESSORY EQUIPMENT.

31. HEARING AID COMPATIBILITY. Gen Mobile Devices offered to customers comply with the Federal Communications Commission’s regulations concerning hearing aid compatibility. Trying out the Gen Mobile Device with your hearing aid Device is the best way to evaluate it for your personal needs and use. If you have questions concerning the capabilities of your Gen Mobile Device, please contact Customer Care.

32. AMENDMENTS TO AGREEMENT.

Gen Mobile may change this Agreement at any time, including the Rate Plan that you selected upon initiation of Service. The Rate Plan, as modified by Gen Mobile from time to time in accordance with this Agreement, will remain in effect for the Term of your Service, until or unless Gen Mobile changes your Rate Plan or you choose to subscribe to a different Rate Plan, if available. If you wish to change your Rate Plan, you may contact Customer Care. Rate Plan changes may not be effective immediately, and you may be required to pay to make such changes. Gen Mobile may change the price and structure of your Rate Plan, and/or modify the costs, services, or requirements of Gen Mobile’s Rate Plans at any time without prior notice to you. Gen Mobile may change the locations where such Services may be used or where calls can be placed, or rates and terms applicable to such locations, with prior notice to you. Third parties may impose charges upon Gen Mobile for providing Services to you, and you agree to pay any such charges that Gen Mobile passes through to you. If you are an existing customer, you will receive at least fifteen (15) days’ advance notice of any proposed changes that may result in more restrictive terms or conditions, unless a longer period is required by law. After that time period, any such changes will be effective.

You have the right to refuse to accept these changes. If you do not want to accept the changes, you must notify Gen Mobile in writing within fifteen (15) days of the date of the change that you wish to terminate service. If you do not notify Gen Mobile that you wish to terminate service within that time or if you continue to use the service after the changes, you agree to be bound by the changes. Notwithstanding any termination, amounts previously paid are non-refundable.

33. DISPUTE RESOLUTION, MANDATORY AND BINDING ARBITRATION AND CLASS ACTION WAIVER (THE "ARBITRATION PROVISION").

Before we get started, you should know that an arbitration provision and class action waiver applies to this agreement. If we can't work out a dispute with you, this agreement requires arbitration or small claims court and doesn't allow class actions. You'll have to waive your ability to bring a class action, or to have a trial by jury.

34. EXCLUSIVE REMEDY; LIMITATION OF LIABILITY.

You agree that your sole and exclusive remedy for (a) Gen Mobile’s, or its dealer’s, agent’s, representative’s, vendor’s, supplier’s, or other carrier’s failure to provide you with service or Gen Mobile’s failure to perform hereunder shall be your right to have Gen Mobile re-perform such service. Unless the law forbids it in any particular case, or (b) any defect, failure, or malfunction otherwise related to, arising out of, or in connection with any device or other equipment or product supplied or provided by Gen Mobile, shall be your right to have Gen Mobile repair, replace, and/or refund such device, or other equipment or product. Unless the exclusive remedy set forth in the previous sentence is prohibited under applicable law, you agree to limit claims for damages or other monetary relief against Gen Mobile, or any agent, carrier, dealer, manufacturer, representative, supplier, or vendor, to the lesser of: (i) your direct damages or (ii) the prorated monthly or other charges you paid or owe Gen Mobile for the applicable service or wireless device for one month’s service charges.

As a material part of the consideration paid by you for the services provided by Gen Mobile or any agent, carrier, dealer, manufacturer, representative, supplier, or vendor of Gen Mobile, under this agreement, and notwithstanding any other provision to the contrary, you agree that under no circumstances is Gen Mobile liable for any incidental, consequential, exemplary, treble, punitive or special damages or any other damages of any nature whatsoever arising out of, related to, or in connection with, including, but not limited to, the cost of replacement products and services, loss of business, or lost profits, to the fullest extent the same may be disclaimed by law. This means that neither party will seek any consequential, indirect, punitive, special or damages from the other. This exclusive remedy, limitation, and waiver also applies to any claims either party may bring against the other party to the extent that it would be required to indemnify that party for such claim. This limitation and waiver will apply regardless of the theory of liability, whether breach of contract, fraud, misrepresentation, negligence, personal injury, product liability, other tort liability, or any other theory.

You agree that the foregoing allocation of risk shall, in the event of Gen Mobile's inability, despite good faith efforts, to provide the services or the products, remain in effect regardless of whether the exclusive remedies provided for under this section then satisfy the essential purposes for which they were intended, or otherwise provide you with a fair quantum of relief.

You agree that neither Gen Mobile nor its parent, stockholders, directors, officers, employees, agents, licensors, representatives and affiliates, suppliers or vendors are responsible for any damages resulting from:

1. any action or omission by a third party;
2. communication or information that is blocked by a spam filter;
3. data content or information accessed while using Gen Mobile’s Services;
4. failed, inaccurate, or interrupted location information services;
5. a failure or interruption in accessing or attempting to access emergency services from a wireless Device, including through 911, Enhanced 911 (“E911”), or otherwise;
6. providing or failing to provide Services, including, but not limited to, deficiencies or problems with a wireless Device or network coverage (i.e., blocked, dropped, or interrupted Services);
7. traffic or other accidents, or any health-related claims relating to Gen Mobile’s Services; and
8. damage to your wireless Device or any computer or equipment connected to your wireless Device, or damage to or loss of any information stored on your wireless computer, Device, equipment, or Gen Mobile storage space from your use of the Services or from trojans, viruses, worms, or downloads of malicious content, data, images, materials, text, video or audio.

You also agree that Gen Mobile isn’t liable for deleted or missed voice mails or other messages, or for any information, such as texts and pictures, that gets deleted or lost if Gen Mobile services your wireless Device. If another wireless carrier is involved in any problem, you also agree to any limitations of liability in its favor that it imposes. You should implement appropriate safeguards to secure your wireless Device or equipment and to back up your information.

35. CONSUMER COMPLAINTS. Pursuant to California Civil Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

36. DISCLAIMER OF SERVICE WARRANTIES. Gen Mobile makes no representations or warranties for services, express or implied, including, to the extent allowed by applicable law, any implied warranty of merchantability or fitness for a particular purpose concerning your services. Service is provided on an “as is” basis. Gen Mobile does not promise uninterrupted or error-free services and does not authorize anyone to make any warranties on Gen Mobile’s behalf. You agree to defend, indemnify, and hold Gen Mobile harmless for all such service issues.

37. FORCE MAJEURE. You agree that Gen Mobile will not be held responsible for any damage, delay, failure, or loss in performance of any of the Services or of any of these Terms & Conditions, if applicable, caused by accident or casualty; act of God or unnamed events or acts otherwise known as force majeure, acts of any third party; act of terrorism; declared or undeclared war or armed conflict; national, state or local emergencies; civil disobedience; delay in transportation; earthquake; embargo; explosion; failure of suppliers to deliver equipment; acts of omissions of carriers or suppliers; fire; flood; government requirement or other civil or military authority; acts of regulatory or governmental agencies; labor disputes; lightning; meteorological phenomenon; power failure or blackout; severe weather; shortage of labor or materials; strikes or other concerted acts of workers (whether of Gen Mobile or others); volcanic action; or other similar causes beyond Gen Mobile’s control, which prevent or hinder the delivery of any Services (“Conditions”). If any foregoing Conditions occur, you are obligated to pay for any Services provided to you, and Gen Mobile may elect to immediately terminate any Services without notice.

38. INTELLECTUAL PROPERTY. You agree to respect the intellectual property rights of Gen Mobile and third parties, and not to infringe, misappropriate, or otherwise injure those rights. Except for a limited personal, non-commercial license to use the Services or Devices, your purchase of Gen Mobile’s Devices and Services does not grant you any license or right to copy, download, modify, reverse engineer, redistribute, or resell the intellectual property of Gen Mobile or others related to the Devices and/or Services, without the express written permission of the rightful owner. You acknowledge that any violation of this section harms Gen Mobile, cannot be fully redressed by money damages, and entitles Gen Mobile to immediate injunctive relief, in addition to all other available remedies.

39. DIGITAL MILLENNIUM COPYRIGHT NOTICE.

If you believe that material available through the Gen Mobile websites infringes the copyright of you or any third party, notify Gen Mobile by sending a notice pursuant to the procedure under the Digital Millennium Copyright Act (“DMCA”). You must send:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed upon;
3. a specific description of where the material that you claim is infringing is located on the sites;
4. your address, telephone number, and email address;
5. a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Within a reasonably practicable time and after receiving the notice, Gen Mobile may disable or remove access to any infringing material as provided for in the DMCA.

Please send notifications of infringement and counter notifications to our designated copyright agent at: Office of the General Counsel, Boost SubscriberCo L.L.C., P.O. Box 6655, Englewood, CO 80115, Fax: (303) 723-1454 and email: copyright@dish.com.

40. NOTICES. You agree that Gen Mobile may contact you for Service or account related reasons through the contact information that you provide, at the current address on your account, through the Services to which you subscribe, or through other available means, including through email, mail, text message, recorded message, or phone. You further authorize Gen Mobile to provide you Service, Device, upgrade, and other product information that Gen Mobile believes you would be interested in under this provision. Any such notice will be treated as provided to you when left with you, on your Device, or on your answering Device or service. Any notice that Gen Mobile mails to you will be deemed provided to you, to the extent permitted by applicable law, when the notice is deposited into the U.S. mail addressed to you at your last known address, as shown in Gen Mobile’s records. Your notice to Gen Mobile shall be deemed given when received by Gen Mobile, whether by phone, mail, or other means, to: Gen Mobile c/o Boost SubscriberCo L.L.C. at 9601 S. Meridian Blvd., Englewood, Colorado 80112, Attention: General Counsel with a copy to Gen Mobile, P.O. Box, 1187, Gardena, CA 90249.

41. MISCELLANEOUS. A waiver of, or failure to enforce, any provision of this Agreement in one instance shall not constitute a waiver of any other provision or instance. Section headings are for descriptive, noninterpretive purposes only. If any part of this Agreement, including any part of its arbitration provisions, is held invalid, that part may be severed from this Agreement and the Agreement shall otherwise be enforceable. You may not transfer or assign this Agreement or any of your rights or duties under it. Gen Mobile may assign all or part of this Agreement, or your debts to Gen Mobile, without notice. You have no other rights with respect to the Services or this Agreement, except as specifically provided by law. Except to the extent Gen Mobile has agreed otherwise, this Agreement and all Disputes covered by it are governed by federal law and the laws of the state of Colorado, without regard to choice of law principles or conflict of law rules. If there is a conflict between this Agreement and statements by any sales or service representatives, this Agreement controls. This Agreement and the documents to which it refers form the entire agreement between you and Gen Mobile.

42. GEN MOBILE’S COMMITMENT. Gen Mobile is committed to consumer protection and service quality as stated in our policies and in CTIA Consumer Code of Conduct, as applicable.