This Wireless Customer Agreement (this “Agreement”) is between the person(s) or entity(ies) activating, using, or paying for PhoneBox USA Services (“Customer,” “you,” “your,” “I,” or “my”) and PhoneBox USA (“PhoneBox,” “we,” “our,” or “us”).

PhoneBox provides wireless telecommunications services as a Mobile Virtual Network Operator (MVNO) operating on the T-Mobile network (the “Network Supplier”). This Agreement governs the terms of use for our voice, wireless data, and messaging products and services, including the PhoneBox website and all other sites, mobile sites, services, applications, platforms, software, and tools (collectively, “Site(s)”) where this Agreement may appear or be linked (together with Sites, “Service(s)”).

Wireless products, features, applications, and services or Devices not otherwise described herein that are posted on our Sites or otherwise provided to you, and any documents expressly referred to herein or therein, including our Privacy & Security Policy and Acceptable Use Policy (“AUP”), together with this Agreement, make up the complete agreement between you and PhoneBox and supersede any and all prior agreements and understandings relating to the subject matter of this Agreement.

This Agreement is binding when Service is activated to your specific phone number(s) (each, a “Number”) or when you use or pay for any Service.

“Device(s)” means the cellular receiving and transmitting equipment that we provide or sell to you, or that you provide, programmed with a PhoneBox SIM card and the Number. “SIM Card” includes both physical SIM and digital SIM (“eSIM”).

YOU ACKNOWLEDGE THAT YOU ARE OF LEGAL AGE, HAVE RECEIVED A COPY OF THIS AGREEMENT, AND HAVE READ, CLEARLY UNDERSTAND, AND AGREE TO ITS TERMS. BY USING OUR SERVICES, YOU ACCEPT ALL THE TERMS OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

For information about how we collect, use, and protect your personal information, please refer to our Privacy & Security Policy.

1. TERM AND TERMINATION, CHARGES, BILLING AND PAYMENT

1.1 What Is the Term of My Service?

Your Agreement begins on the day we activate your Service and continues through the day your Service is terminated by you or us pursuant to the terms of this Agreement. When you activate your Service with us, you agree to a month-to-month contract and there is no requirement that you maintain Service for a specific term length.

Risk-Free Guarantee Period (New Customers). As a new PhoneBox customer, you may cancel your Service within fourteen (14) days, and we will waive the monthly Service charges and one-time network activation fees for new lines of Service provided that your data usage is limited to 1GB. However, you remain responsible for any international long distance, roaming, text and data charges, any device upgrade fees for added or replaced devices on existing lines of service, as well as directory assistance charges and other third-party charges, and applicable taxes or surcharges.

1.2 Who Can Cancel My Service?

For existing customers, you may cancel this Agreement at any time for any reason, but you will be responsible for all charges incurred in your final invoice.

We may also cancel this Agreement. If we do, we will attempt to notify you in advance. Even though the Agreement is canceled, you are liable for all charges to your account through the last day of your monthly billing cycle. If you cancel your Service before the end of your billing cycle, we will not prorate or refund the monthly Service charges on your final invoice. You will continue to have access to your Services until the end of your billing cycle, unless you transfer the Number for your Service to a different carrier prior to the end of the billing cycle.

We may modify, suspend, or discontinue any function or feature of any Services or terminate your Service entirely at any time without notice for any reason that may include, but is not limited to:

• any conduct we believe violates this Agreement;
• reasonable cause to believe your Device or Services are being used for an unlawful purpose or in a way that violates our AUP;
• abusive, derogatory, threatening, or similarly unreasonable behavior toward our employees/representatives/other customers (in person, by phone, in writing, via social media, or otherwise);
• any credit card chargebacks unless expressly agreed in writing;
• discovery that you are underage;
• failure to make required payments when due;
• providing inaccurate credit information;
• deterioration of your credit and refusal to pay requested advance payment or deposit; or
• compliance with applicable laws or an order by a state or federal agency, court, or arbitrator.

If you fail to perform your obligations, you will reimburse us for all expenses, including attorneys’ and experts’ fees, incurred in enforcement of this Agreement and we may keep any charges prepaid by you. These remedies are not exclusive and are in addition to all remedies provided by law. Failure to strictly enforce this Agreement will not waive our right to require compliance.

1.3 Who Can Change My Service Terms or Rate Plan?

We may change any terms, conditions, rates, fees, expenses, or charges regarding your Service at any time. We will provide notice of material changes (material changes do not include changes to governmental fees, proportional charges for governmental mandates, roaming rates, or administrative charges) either in your monthly bill, through separate notice, or via posting of the material changes on our Sites.

You must pay any additional charges from the date of our modification, even though you may have paid for your Service in advance. You understand and agree that state and federal Universal Service Fees and other governmentally imposed fees, whether or not assessed directly upon you, may be increased based upon the government’s calculations or our calculations. If you lose eligibility for a particular rate plan, we may change your rate plan to one for which you qualify.

For accounts with multiple lines of Service, your data plan is shared and usage is aggregated for all account users in determining whether you have reached or exceeded your data plan limit. We will attempt to notify you when an upgrade has occurred through our usage alert system. You will remain on the upgraded plan unless you choose to change to a different plan after the current billing cycle is complete.

For customers enrolled in our largest data plan, access to high-speed data will be reduced if your plan’s monthly data limit is exceeded, your data speed will be reduced to 64 kbps for the remainder of the billing cycle. If you disable automatic upgrades and exceed your plan’s monthly data limit, you will experience slower speeds for the remainder of the billing cycle.

If you exceed your tethering (mobile hotspot) data usage limit, we may disconnect, slow down, or disable your access to tethering data for the remainder of the billing cycle and, for regular

abusers, permanently remove tethering on your account or terminate your Service or this Agreement.

For more information about network management practices (including tethering availability by plan), see our Mobile Broadband Disclosure and Broadband Facts / FCC labels as posted on our Sites.

1.4 What Charges Am I Responsible For?

You are responsible for paying all charges for or resulting from the Services provided under this Agreement, including one-time network activation fees that apply to each new line of Service and Device upgrade fees for added or replaced Devices on existing lines of Service.

You will receive monthly bills that are due in full. Recurring monthly charges and non-recurring Service fees will be billed as soon as possible. Billing cycle end dates may change from time to time. Payments of all charges, including disputed charges, must be received by the due date shown on the invoice.

If you elect to receive a paper invoice from us or choose not to enroll in automatic payment, you may lose certain promotions, discounts, or credits received by customers enrolled in automatic payments and paperless billing. This cost may be changed by us at any time.

Billing Disputes – 60-Day Deadline.

IF YOU DISPUTE ANY CHARGES ON YOUR BILL, YOU MUST EITHER CONTACT CUSTOMER SUPPORT OR NOTIFY US IN WRITING AT OUR NOTICE ADDRESS WITHIN SIXTY (60) DAYS OF THE DATE OF YOUR BILL OR YOU WAIVE YOUR RIGHT TO DISPUTE THE BILL AND TO PARTICIPATE IN ANY LEGAL ACTION RAISING SUCH DISPUTE.

Plan pricing covers recurring monthly Service charges only. Recurring and non-recurring Service fees include, without limitation:

• airtime; roaming; recurring monthly Service charges; administrative charges; late payment charges
• installment plan payments
• one-time network activation fees (new lines)
• device upgrade fees (added/replaced Devices on existing lines)
• device protection plan payments
• operational or regulatory cost recovery fees and other surcharges
• optional feature charges
• toll, collect call, and directory assistance charges
• restoral and reactivation charges
• any other charges or calls billed to your Number
• applicable taxes and governmental fees (whether assessed directly upon you or upon PhoneBox)
• fees for complying with government-imposed regulatory requirements

Operational compliance fees are not taxes or charges the government requires us to collect and may change.

Lost/Stolen Devices. If your Device is lost or stolen, you are responsible for all charges incurred on your Number until you notify us as described in “If My Device is Lost or Stolen” or terminate your Service. If you have an installment plan for a lost/stolen Device or associated with terminated Service, your installment plan agreement may trigger acceleration of remaining payments. After termination, you remain responsible for obligations including final monthly Service charges and any remaining installment payments.

We may require payment by money order, cashier’s check, or a similarly secure form of payment at our discretion. Acceptance of late or partial payments (even if marked “Paid in Full”) does not waive our rights.

To determine your primary place of use and which jurisdiction’s taxes/assessments to collect, you must provide your residential or business street address. If you do not provide an address, or if the address falls outside our network coverage area, we may reasonably designate a primary place of use within our network coverage area. You must live and have a mailing address within our network coverage area.

1.5 How Is My Bill Calculated?

Usage and monthly Service fees will be billed as specified in your customer service summary or rate plan information available on our Sites.

If a Device is shipped to you, Service may be activated before you take delivery so you can use it promptly upon receipt. You may be charged for Services while your Device is in transit. If your first bill includes charges for Services while in transit, you may contact customer support to request an account credit.

Prices and included usage apply to access and use of our Services within the land borders of the United States and certain U.S. territories (“Coverage Area”) and, depending on your rate plan, on the wireless networks of other companies with which we have a contractual relationship within the United States and certain U.S. territories (“Domestic Off-net”). For eligible plans, while traveling internationally outside the Coverage Area, access and use of Services on other carriers’ networks is charged separately (“International Roaming”).

Service usage on networks not owned by us or not covered by our contractual relationships, domestically and internationally, is limited as provided in your rate plan.

Mobile broadband, 4G, and 5G access requires a compatible Device. Some Services may require additional subscription fees and/or be subject to additional charges and restrictions. Prices do not include taxes, directory assistance, roaming, universal service fees, surcharges, or administrative fees.

Usage information may be obtained by calling customer support or via your online account. Unused allowances do not carry over. If you do not enroll in a monthly plan for messaging or data, pay-per-use rates may apply. For details on measuring/billing, see Support/FAQ on our Sites.

1.6 Are Billing Charges Ever Delayed?

Billing for calls, texts, data, or other usage (including International Roaming) may be delayed and appear in a later billing cycle. Depending on your plan, delayed usage may be deducted from your monthly allowances in the month the usage is billed and may result in additional charges for that month.

1.7 Are Advance Payments or Deposits Required?

We may require deposits or advance payments and may offset them against unpaid balances. Interest will not be paid unless required by law. We may require additional deposits if the initial amount is inadequate. We can apply deposits/payments in any order to any amounts you owe on any account.

Deposits are refundable and will be applied as a credit to your account. Based on creditworthiness, we may establish a credit limit and restrict Services/features. If your balance exceeds the credit limit, we may interrupt or suspend Services until the balance is below the limit. Charges above the credit limit become immediately due.

If you have more than one account, all must remain in good standing. If one account is past due or over limit, all accounts in your name are subject to interruption/termination and other collection remedies.

1.8 What If I Fail to Pay on Time?

You agree we may charge a late payment fee of $5.00 or the highest amount permitted by state law determined by your billing address, for amounts not paid by the due date. Late fees may be reassessed each successive billing period until paid, where permissible by law.

Late payment fees are liquidated damages intended as a reasonable estimate of our costs. If we accept late/partial payment, you still owe the full amount including late fees.

If we refer your account to a third party for collection, you will be charged collection costs. We may also charge up to $30.00 (depending on law) for any returned check or other dishonored instrument.

1.9 Who Can Access My Account?

To use certain Services, you may need to register an online account. You agree to provide truthful, accurate, current, and complete information, maintain account security, and not share passwords. If credentials are compromised, notify us immediately.

We are not liable for losses from third-party use of your credentials, including use of your account/Devices/Numbers as a source of authentication for social media, email, financial, cryptocurrency, or other third-party accounts.

We may protect the security of our Sites and your account by suspending/terminating access, requiring password changes, requesting additional authorization information, or taking other reasonable actions.

You may designate individuals age 18+ to act on your behalf (“Secondary Users”). Secondary Users can manage your account (including changing/adding Services). You are responsible for all actions of Secondary Users, including purchases and additional Services. You authorize us to provide information and make account changes upon direction of any person able to provide information we deem sufficient to identify you, even if not designated as a Secondary User.

Sites Use Restrictions; User Content. You may use our Sites for personal use only. You agree not to: (i) use Sites for unlawful purposes; (ii) alter/modify Sites; (iii) impersonate another person; (iv) systematically collect data via scraping/mining/extraction.

We may suspend/terminate your Sites use for violations or other reasonable necessity. You are responsible for all content you upload/post/transmit (“User Content”). You represent you have rights to it, it is accurate, it does not violate this Agreement, it will not cause injury, and you will indemnify PhoneBox for claims resulting from User Content.

We may monitor use and may remove materials in our discretion.

1.10 What Happens if Credits Remain After Cancellation?

We can apply credits in any order to amounts owed on any active or cancelled accounts with a balance due. Remaining funds in excess of $35.00 will automatically be returned to your last-known address within ninety (90) days after Service is cancelled. If the final credit is less than $35.00, we return it only upon request.

1.11 Can I Enroll in Automatic Payment?

You may enroll in automatic credit/debit billing, automatic payment, or electronic funds transfer. By enrolling, you authorize us or our agent to charge or place holds on the payment method without signed receipt or additional notice/consent.

You certify you are the owner of the payment method and authorize storage and automatic charging of monthly bills and outstanding amounts after cancellation. You agree to update payment information.

If your bank participates in a card updater program and you don’t opt out, your bank may provide updated card details and we may continue charging. We are not responsible for insufficient funds or other bank charges.

If charges cannot be processed or transfers are returned for insufficient funds, we may charge an additional fee. You may cancel automatic payment authorization by contacting us or using our Sites.

If you choose paper invoices or do not enroll in autopay, you may lose promotions/discounts/credits; this cost may change at any time.

2. HOW TO RESOLVE DISPUTES WITH US

2.1 Dispute Resolution by Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

Most concerns can be resolved by contacting customer support. If we cannot resolve a complaint to your satisfaction (or cannot resolve a dispute informally), you and PhoneBox agree to resolve disputes through binding arbitration.

A party intending to seek arbitration must first comply with the written notice and informal resolution process below. Arbitration uses a neutral arbitrator instead of a judge/jury, with more limited discovery, and limited court review. Arbitrators can award the same damages and relief as a court. Arbitration is on an individual basis only; class arbitrations and class actions are not permitted.

2.2 Arbitration Agreement

Unless otherwise provided, you and PhoneBox agree to arbitrate all disputes and claims, interpreted broadly, including claims:

• arising out of or relating to any aspect of our relationship at any time (contract, tort, statute, fraud, misrepresentation, or other legal theory);
• based in whole/part on conduct occurring before this or any prior agreement (including advertising);
• that are or have been the subject of purported class litigation; and arising after termination.

“PhoneBox” includes subsidiaries, affiliates, agents, employees, predecessors, successors, assigns, and all authorized/unauthorized users or beneficiaries of Services/Devices under this or prior agreements.

This arbitration agreement does not preclude you from bringing issues to federal/state/local agencies (e.g., FCC). Agencies may seek relief on your behalf if legally permitted. While agency-related rights are reserved, you and PhoneBox waive rights to jury trial and to participate in any class action or proceeding, or joinder/consolidation with others, in any forum.

This Agreement evidences a transaction in interstate commerce; the Federal Arbitration Act (FAA) governs interpretation and enforcement of these arbitration provisions (and “AARP Members” below). The arbitration provisions survive termination.

Notice of Dispute. A party must send a written Notice of Dispute (“Notice”) by certified mail. Notice to PhoneBox must be addressed to:

The Notice must: (a) describe the nature and basis of the dispute; and (b) set forth the specific relief sought (“Demand”). If not resolved within thirty (30) days after receipt of Notice, either party may commence arbitration.

Settlement offers during the informal period are confidential and not admissions.

Filing Fees. After PhoneBox receives Notice that you commenced arbitration following the 30-day informal period, PhoneBox will promptly reimburse your filing fee unless your claim is greater than $10,000.00. If you are unable to pay, PhoneBox will pay it directly upon written request to the Notice Address.

Arbitration will be governed by the AAA Consumer Arbitration Rules (“AAA Rules”), as modified here, and administered by AAA; provided:

• For claims less than $10,000.00, arbitration will be desk or telephone at your choice unless arbitrator orders otherwise.
• If required by AAA Rules, either party may choose small claims court if within jurisdiction; arbitration not invoked while claim is pending only in small claims court. Neither party may seek relief from a court higher than small claims court.
• AAA Rules are available at adr.org.
• The arbitrator is bound by this Agreement. All issues are for the arbitrator except scope/enforceability of arbitration provision, which a court decides under the FAA.
• If claim exceeds $10,000.00, hearing will be in person at a location per AAA Rules. Arbitrator will issue a reasoned written decision.
• If arbitrator finds your claim without merit or relief sought is frivolous/improper purpose (per FRCP 11(b) standards), you agree to reimburse PhoneBox for monies disbursed by PhoneBox that would otherwise be your obligation under AAA Rules.
• Arbitrator may award declaratory/injunctive relief only for the individual party and only to the extent necessary.

NO CLASS ACTIONS.

You and PhoneBox may bring claims only in individual capacity, not as plaintiff/class member. Arbitrator may not consolidate claims or preside over representative/class proceedings unless both parties agree in signed writing.

Future Changes / Opt-Out of Changes.

If PhoneBox makes any future change to this arbitration provision or “AARP Members” (other than a change to Notice Address) during your Service, you may reject the change by written notice within thirty (30) days of the change to the arbitration Notice Address. Receipt presumed on email send date or three (3) days after mailing to your last provided address. Rejecting future change means disputes will be resolved under the prior arbitration language or AARP alternative.

3. DEVICES, SOFTWARE, APPLICATIONS AND CONTENT

3.1 My Device

You are responsible for all Devices containing a SIM Card assigned to your Device. Safeguard your SIM Card and prevent unauthorized use. You agree not to alter/bypass/copy/deactivate/remove/reverse engineer/circumvent/reproduce encoded SIM info or encryption mechanisms. We may remotely update SIM encoded information.

Your Device must be compatible, not interfere with Services, and comply with laws. We may remotely program system settings (including roaming behavior) and other features not manually changeable.

Device Locking/Unlocking. Devices purchased from us may have a SIM lock preventing operation with other carriers. We will provide an unlock code upon request if criteria are met, including Device paid in full and account in good standing. If Device was purchased from another carrier, that carrier’s policies apply. See Risk-Free Guarantee & Device Policies and contact support.

Devices for our Service are designed exclusively for use with our network. You agree not to modify or program your Device to operate on another system. We may modify programming at our discretion to enable other systems. Some Devices may not include accessories (charging cords/adapters), which may be sold separately.

You are responsible for complying with U.S. export controls and foreign import laws when traveling internationally with your Device.

3.2 Software on My Device

Software, interfaces, documentation, data, apps, content provided for your Device (and updates/enhancements/restores) (“Software”) is licensed, not sold, for use only as part of our Services. Your use must comply with approved purposes and laws.

You may not copy, decompile, reverse engineer, disassemble, reproduce, derive source code, decrypt, modify, defeat protections, combine with other software, create derivative works, rent/lease/lend/sell/redistribute/transfer/sublicense Software.

Software contains proprietary information owned by PhoneBox and/or suppliers/licensors. We and/or suppliers/licensors are not responsible for content you transmit/store/delete/record/play via Software.

We and/or suppliers/licensors may change/suspend/terminate/remove/impose limits/disable Software at any time without notice and without liability. Suppliers/licensors are third-party beneficiaries of license provisions including indemnity/limits/disclaimers.

Export restrictions apply: no download/export/re-export into embargoed countries or to persons on U.S. sanctions/deny lists; Software/technology may not be exported outside U.S. or to foreign entities/persons as defined by U.S. regulations.

3.3 Third-Party Services, Content and Applications

Third-party apps/services/content (“Apps”) may be provided by independent providers (“Providers”). Data usage for Apps is billed per your data plan. Upgrades may be required; downloading/upgrading consumes data.

PHONEBOX DOES NOT PUBLISH THIRD-PARTY APPS AND IS NOT RESPONSIBLE FOR OPINIONS, ADVICE, STATEMENTS, OR OTHER INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY PROVIDERS OR OTHER THIRD PARTIES.

Providers may impose additional charges/purchases/agreements. Provider policies (IP, privacy, terms) may differ and you are bound by them. If conflict, Provider terms control for relevant Apps.

Information shared with Providers is governed by their policies. Accuracy/security/fitness/availability is not guaranteed. Neither PhoneBox nor Providers are liable for loss/injury from your use of Apps. Every decision involves risk; neither PhoneBox nor Provider underwrites your risk.

3.4 Mobile Content

Services can be used to acquire/download/purchase content/products/services from Providers (“Data Content”). You are responsible for authorized charges (including third-party charges separate from your bill). Parental controls may restrict on account Devices.

PhoneBox is not responsible for Provider Data Content. Providers may collect information for tracking/usage management. Data Content owners retain rights. Content may vary by Device capability; may be delivered in multiple messages. Charges include the one-time download/subscription rate plus transport data charges (per-KB/MB) unless you have a monthly data plan.

3.5 Location of My Device

We may collect Device location information relative to Network Supplier cell towers and via GPS and other technologies. Location, usage, and performance data are used to provide Services and maintain/improve network and your experience. You must notify account users that location information may be collected and used as provided here and in the Privacy & Security Policy.

Directory Assistance. Directory assistance may use Device location to provide customized assistance. By using directory assistance, you consent to location use for that purpose only. Location may be disclosed to a third party to perform the requested assistance and retained only as long as necessary, then discarded within a reasonable time.

3.6 911 and E911 Disclosure (Wi-Fi Calling)

Calls to 911 using Wi-Fi calling operate differently than cellular or wireline 911. You may not be able to call 911 over Wi-Fi during power/internet outages, if broadband/service is suspended, or due to delays in making your primary service address available through industry databases. Wi-Fi calling may not function if you relocate equipment, use a non-native phone number, or for reasons beyond our control.

To enable Wi-Fi calling, you must provide the primary service address where you will use Wi-Fi calling, as that is the location emergency personnel are sent if you dial 911 via Wi-Fi calling. You agree to update the primary service address before using Wi-Fi calling from any other physical location.

3.7 If Someone Makes a Purchase with My Device

If your Device is used by other users to make purchases, you are responsible. You authorize other users to:

• make Data Content purchases and incur charges on your bill;
• give required consent (including location consent where applicable);
• make required representations (including age representations if requested).

3.8 If My Device Is Lost or Stolen

You must contact us immediately to report loss/theft (California customers see “California: Unauthorized Charges”). After you report loss/theft, you are not responsible for subsequent charges incurred after the date you notified us. You can report and suspend Services without charge by contacting customer support or using Contact Us.

4. SERVICE LIMITATIONS AND USE

4.1 Limitations on My Service

Service may be interrupted/delayed/limited due to environmental conditions, RF channel availability, system capacity, priority access by National Security and Emergency Preparedness personnel during emergencies, coordination with other systems, equipment modifications/repairs, and interconnecting carrier facility issues. We may block access to certain categories of numbers (e.g., 976, 900, and international destinations) at our discretion.

We do not guarantee availability, coverage, or quality. Outages/interruptions may occur; speeds vary. Services may be subject to Device/compatibility limitations including memory/storage/network availability/traffic/coverage/accessibility/data conversion limits. When network demand exceeds resources, you may experience reduced speeds or inability to call/text. Services (including eligibility, plans, pricing, features, service areas) may change without notice.

Outside the Coverage Area, access may be limited to apps/info previously downloaded or resident on your Device. Services/coverage vary by network technology. Actual speeds depend on Device, network availability, tasks, files, apps, and other factors; performance may be impacted by terrain, in-building/in-vehicle use, and capacity constraints.

Not all plans/services are available in all channels/areas or with all Devices. We are not responsible for loss/disclosure of sensitive information you transmit. Services are not equivalent to wireline internet. We are not responsible for non-proprietary services or their effects on Devices.

We may refuse to transmit information and may screen/delete information prior to delivery. Coverage maps are approximations and gaps exist.

4.2 Domestic Off-net (Other Carrier Networks in the U.S.)

Off-net use depends on other carriers’ technology support. In most cases, you are not charged separately for Domestic Off-net voice/messaging. If your plan provides Domestic Off-net usage, you must use your Device predominantly within the Coverage Area. If off-net thresholds for voice/messaging are exceeded, we may suspend/limit/deny continued off-net use or change your plan to one imposing off-net charges. We do not support Domestic Off-net data and may block data on other carrier networks. We will provide notice if we intend to take such actions; you may cancel Service and this Agreement. Billing for Domestic Off-net may be delayed due to inter-carrier reporting.

4.3 International Roaming (Outside the U.S.)

International roaming charges for data/messaging/voice may apply with some plans when Services are originated/received outside the U.S. Roaming depends on other carrier support. Your Device may not indicate whether you will incur roaming charges. There is no guarantee you will receive alerts while roaming; we do not guarantee bill limits for roaming. Taxes may apply to roaming rates. Rates subject to change; check carrier support/coverage details. Billing may be delayed. Substantial charges may be incurred if your Device is taken outside the U.S. even if you do not intentionally use Services.

4.3.1 International Eligibility

Eligibility restrictions may apply based on tenure/payment/credit history. We may block or remove roaming until criteria met. For assistance enabling roaming, contact customer support at least two (2) weeks before travel.

4.3.2 International Roaming Voice

Services are intended for U.S. use and generally will not work outside the U.S.; however, if they do, you will be charged roaming airtime rates for calls made/received outside the U.S., including incoming calls routed to voicemail even if no voicemail is left. Roaming rates apply even when using Wi-Fi calling to international numbers while traveling outside the U.S.

4.3.3 International Roaming Messaging

If Service works internationally, non-standard per-message roaming charges apply when sending/receiving messages outside the U.S.

4.3.4 International Roaming Data

Roaming data rates apply to all data usage outside the U.S., including messaging apps and cloud services. Devices may transmit/receive data without user intervention and generate unexpected charges when powered on outside the U.S. To prevent charges, disable cellular data while traveling.

4.4 Disclaimer of Warranties, Limitations on Liability, and Indemnification

DISCLAIMER. USE OF SERVICES/SOFTWARE/APPS/DEVICES IS AT YOUR OWN RISK. SERVICES/COVERAGE/SOFTWARE/APPS/DEVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT WARRANT UNINTERRUPTED, SECURE, ACCURATE, COMPLETE, USEFUL, ERROR-FREE SERVICES OR A PARTICULAR QUALITY/SPEED. WE DO NOT GUARANTEE SECURITY. WE HAVE NO CONTROL OVER THIRD-PARTY ACTS. YOU ARE IN THE BEST POSITION TO SAFEGUARD YOUR INFORMATION AND PROTECT YOUR ACCOUNT. WE ARE NOT RESPONSIBLE FOR LOSSES FROM YOUR OR A THIRD PARTY’S USE OF YOUR ACCOUNT/DEVICES/NUMBERS AS AUTHENTICATION FOR THIRD-PARTY ACCOUNTS. WE CANNOT ASSURE 911 CALLS WILL GO THROUGH OR THAT YOU WILL BE FOUND/ASSISTED.

We are not liable for technology changes rendering Devices obsolete or requiring modification. We disclaim warranties of merchantability, fitness for a particular purpose, quality, description, productivity, quiet enjoyment, non-infringement, hidden/latent defects, suitability, accuracy, security, or performance, and warranties arising from course of dealing or trade usage.

LIMITATION OF LIABILITY. We are not liable (including due to our negligence) for: third-party acts/omissions; service errors/delays/failures; injuries/damages from use (including in vehicle); claims against you by third parties; acts of God/war/riots/government actions/supplier defaults; unauthorized/abusive/illegal use; damages from suspension/termination; failure/delay in connecting 911; or loss of information (missed/deleted voicemails/messages/contacts/emails/pictures/files).

Unless prohibited by law, we are not liable for indirect, special, punitive, incidental, or consequential damages, including loss of business/goodwill/revenue/profits or personal injury/property damage/data loss. Unless prohibited, our total liability is limited to a credit or refund not exceeding total charges you paid us for Service during the preceding six (6) months.

Unless prohibited, you must commence legal action (small claims lawsuit or arbitration demand) within two (2) years of the event giving rise to the dispute or waive the claim.

If Service is interrupted for twenty-four (24) or more continuous hours by a cause within our control, upon request we will issue a credit equal to a prorated adjustment of monthly Service charges for the period unavailable, not to exceed monthly Service fees. Liability for Service failures is limited to that credit.

INDEMNITY. To the fullest extent allowed by law, you release and waive rights under California Civil Code Section 1542 (or similar), and agree to indemnify and hold harmless PhoneBox and its officers/directors/employees/agents/subsidiaries/affiliates/partners/suppliers/licensors from all claims/demands for loss/expenses/damages (including reasonable attorneys’ and experts’ fees) arising from or relating to Services or any person’s use (including vehicular damage/personal injury), including claims arising in whole or part from alleged negligence of PhoneBox, or use/inability to use the Number, or your violation of this Agreement. Survives termination.

5. VOICE SERVICES

5.1 My Voice Plan

Your plan includes domestic local and long-distance calling within the U.S. to the U.S.. Calls from within the U.S. to international numbers may incur international long-distance charges. Calls received in the U.S. from international numbers are included.

For plans without unlimited Services, airtime is charged in full-minute increments or counts against your allowance when a call is made or received. Airtime applies to all calls, including dropped calls. Plans are limited to U.S. voice usage unless plan includes international roaming voice.

5.2 Voicemail

We do not guarantee voicemail will be saved/retrievable. You are responsible for voicemail passwords/security. We may deactivate voicemail if not set up within a reasonable period after activation; we will reactivate upon request.

5.3 Caller ID

Depending on network technology outside our control, caller ID info (name/Number) may display on recipient devices/bills. Technical limits may prevent blocking. Contact support for blocking options. Caller ID blocking may not be available for downloaded calling apps and will not work for 911. If applicable, an incoming caller ID feature may label calls as telemarketing/suspected spam/suspected fraud.

5.4 International Long-Distance Calling

International long-distance rates apply for calls from within the U.S. to international numbers. Calls received in the U.S. from international numbers are included. Some countries may not be available. Calls to international wireless numbers may cost more than wireline. Forwarding from international wireline to wireless may be charged at wireless rate.

International long-distance rates are per-minute and deducted from airtime allowance for plans without unlimited Services. Rates available on our Sites. Calls made from outside the U.S. may incur international roaming.

6. DATA AND MESSAGING SERVICES

6.1 My Data Plan

We provide wireless data and related features/content/apps. Pricing/allowances may be Device-dependent. Data allowances must be used within the billing period; unused data does not roll over. Data plans are limited to U.S. usage unless plan includes international roaming data.

Data usage is calculated and billed in full KB or MB increments (as applicable), rounded up at the end of each data session. Data use occurs whenever your Device is connected and engaged in data transmission, including background transmissions whether you initiated them or not and whether successful or not. Preloaded/downloaded apps may automatically send/receive data without your knowledge.

Wireless network capacity is limited; data plans may be used only for prescribed purposes. Approved purposes include calling, browsing, messaging, email, GPS navigation, streaming/downloading content, and customary mobile internet capabilities. Mobile video requires compatible Device and eligible plan; not available outside broadband/4G/5G coverage; for individual use only, not resale/commercial/public broadcast; can only be displayed on Device, not on other devices (laptop/tablet).

Unlawful/unapproved sessions or those causing excessive network issues/interference are prohibited. See AUP for examples, including tethering/hotspot usage in excess of tethering limits. Services are not wireline internet substitutes. We may without notice deny/disconnect/modify/terminate Services for prohibited use or usage impacting/hindering network, including after significant inactivity or excessive usage. We may take steps to protect network capacity/performance. “Excessive use” determination is in our sole discretion.

6.2 My Messaging Plan

If plan includes texting, domestic messaging within the U.S. to the U.S. Messaging from within the U.S. to international numbers may incur international per-message charges. Messages received in the U.S. from international numbers are included.

For plans without unlimited messaging, pay-per-use rates apply or messages count against allowance when you send or receive a message, whether read/unread, viewed/unviewed, solicited/unsolicited. Plans are limited to U.S. messaging unless plan includes international roaming messaging.

Plans include SMS and MMS only, not other messaging apps. Messaging must originate from your Device; messages sent to tablets/laptops/connected devices are excluded. App-based messages may incur data charges. We may terminate/suspend/restrict for tethered messaging, excessive use, or misuse. We do not guarantee delivery.

Texts limited to 160 characters; longer texts may be rated as additional messages. Video/picture messages limited to 1MB. Undelivered content not delivered within three (3) days may be deleted. Multi-part messages are charged per part. Messages to multiple recipients charge the sender per recipient; recipients charged for one message received. You may receive unsolicited messages and per-message charges may apply even if unsolicited/unread.

6.3 International Long-Distance Messaging

International messaging charges apply for messages sent from the U.S. to international numbers. Messages received in the U.S. from international numbers are included. Some countries may not be available. Rates are per-message and deducted from allowance for plans without unlimited. Rates posted on our Sites. Messages sent from outside U.S. may incur international roaming.

7. ADDITIONAL TERMS AND CONDITIONS

7.1 PhoneBox Rights to Ensure Compliance

We may take actions necessary to enforce this Agreement and the AUP, including:

Interrupt, suspend, cancel, or terminate Services without advance notice for misuse, abnormal use, or interference. If suspended/terminated before cycle end due to violation, we will not prorate charges and you will not receive credits/refunds for unused Services. We may provide notice of AUP violations by email/text/other means to allow correction.

Engage in reasonable network management to enhance Services, manage congestion, adapt to technology, respond to bandwidth/spectrum availability. Your data speed will be reduced to 64 kbps for the remainder of the billing cycle when usage exceeds identified thresholds, even on plans designated unlimited.

7.2 Ownership of My Number

Except as authorized by federal law, you have no ownership rights to your Number. We may change your Number assignment with notice. You may not assign the Number or ESN to another Device or program another Number into your Device.

If you port a number to us, you authorize us to process your order and notify your prior provider, and you represent you are authorized to take this action. Not all numbers are eligible for porting.

7.3 Consent to Be Contacted

You agree PhoneBox and/or collection agencies, outside counsel, or other agents may contact you regarding Service/account (including billing/collections) and additional products/services, by phone, mail, email, text message, and push notifications, including via autodialer or prerecorded/artificial voice. Contact may be to any address/number/email/electronic address you provide now or later, including via refer-a-friend programs. You acknowledge your provided electronic address is private and not accessible to unauthorized third parties. You agree to notify us if you can no longer be reached. You represent you have consent from authorized users and other users on your account to be contacted as described.

We send important messages via bill messages/inserts. If you have electronic billing, notice is received when bill is available. If paper bill, notice is received three (3) days after mailing.

7.4 Ability to Contract

You affirm you and authorized users are at least 18, or emancipated minors, or have legal parental/guardian consent, and are able/competent to enter and comply. If using Services for an entity, you accept this Agreement on its behalf.

7.5 Privacy and Security

We take privacy seriously. See Privacy & Security Policy for collection/use/protection, including location. Devices use radio channels; although laws prohibit listening, privacy cannot be guaranteed. To opt out of marketing communications, use unsubscribe links, reply “STOP” to texts, or contact us.

7.6 Use by Children

Services are not directed to children under 13. Children under 13 should not access Services unless allowed by guardian account holder. Allowing access provides internet/third-party content access; you are responsible for appropriateness. Our practices comply with COPPA. We do not knowingly collect personal info directly from children under 13 without prior parental consent unless permitted by law. If discovered, we will delete in accordance with law.

7.7 Notices

Written notices to you are effective when deposited in U.S. mail to your address of record unless otherwise specified. Written notice to us is effective when directed to Customer Service and received at our address of record ([Insert PhoneBox Address]). Your notice must specify your Number and account info. Oral notices are effective as reflected in our customer service system.

7.8 Credit History and Reporting

You authorize PhoneBox to (a) disclose account information (including payment history/confidential info) to credit reporting agencies/associations; and (b) obtain/use your credit report/credit info from any source in connection with Service. If you fail to fulfill obligations, we may report to credit bureaus.

7.9 Intellectual Property Rights

You must respect IP rights of PhoneBox, third-party providers, and others. Except public domain, materials are copyrighted/trademarked. Except personal non-commercial use, you may not copy/download/redistribute/modify/exploit without permission. Trademarks/logos are owned by PhoneBox or third parties. Copyright complaints should be sent via our DMCA Policy.

7.10 © 2026 PhoneBox USA

All rights reserved. PhoneBox marks are trademarks of PhoneBox and/or affiliates. You may not use PhoneBox marks in advertising/publicity/commercial manner without prior written consent.

7.11 Severability

If any provision is unenforceable, remaining provisions remain in effect.

7.12 Assignment

We may assign this Agreement; you may not assign without our prior written consent.

7.13 Governing Law

To the greatest extent permitted by law, except for small claims disputes, arbitration disputes, or claims about arbitration enforceability, the state and federal courts in Delaware have exclusive jurisdiction over disputes. You consent to jurisdiction and waive venue objections and transfer requests.

7.14 Survival

After termination/cancellation, terms continue to apply, including dispute resolution, disclaimers, limits of liability, indemnification, and governing law.

7.15 Conflicting Terms

If conflict exists between this Agreement and supplemental materials/terms/policies, this Agreement governs. English is the original version; conflicts are resolved by reference to English.

8. TERMS APPLICABLE ONLY TO SPECIFIC STATES OR CUSTOMERS

8.1 California: Unauthorized Charges

You are not liable for unauthorized charges, but a call placed from your Device is evidence it was authorized. You may submit documents/statements to show charges were unauthorized, including calls made after loss/theft.

If you notify us of unauthorized charges, we will investigate and advise results within thirty (30) days. If you disagree, you may file a complaint with the California Public Utilities Commission (CPUC) and may have other legal rights. While a CPUC Consumer Affairs Branch investigation is underway, you do not have to pay disputed charges or related late fees, and we will not send disputed amounts to collection or file an adverse credit report.

CPUC Consumer Affairs Branch contact (as provided in your text):

8.2 Connecticut: Questions About Your Service

If you cannot resolve an issue with us, you may contact the Public Utilities Regulatory Authority:

8.3 Puerto Rico: Questions About Your Service

If you cannot resolve an issue with us, you may notify the Telecommunications Regulatory Board of Puerto Rico:

8.4 State Specific Privacy Rights

If you are a California resident or live in a state with a comprehensive privacy law, you may have additional rights regarding personal information. See our Privacy & Security Policy and Notice at Collection for details and rights.

8.5 AARP Members (Alternative Process)

AARP MEMBERS, PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

If you are an AARP member at the time(s) of the PhoneBox conduct complained of, you may choose either:

• binding arbitration under Section 2 above; or
• the following limited alternative:

You may proceed with non-binding arbitration under AAA Non-Binding Consumer Arbitration Rules administered by AAA, and thereafter may have a potential option to file an individual claim in court (possibly with jury trial if law allows), or a restricted right to bring/join a class action only if all of the following apply:

• You comply with the notice and informal resolution process and include in your written notice your intention to file for non-binding arbitration if not resolved;
• You file for and complete individual non-binding arbitration per the rights/obligations/limitations described above;
• You pay and are solely responsible for your arbitration filing fee regardless of outcome;
• You waive in signed writing submitted to PhoneBox any right to enforce any arbitration award/decision;
• Arbitrator’s findings are not admissible in court; arbitrator’s written findings may be presented confidentially under seal solely to determine standing to bring/join a class action as described below;
• You do not contest validity of any Agreement terms;
• You do not claim reimbursement of arbitration filing fees;
• Your court claim is brought exclusively in Delaware state/federal courts and governed by Delaware substantive law, except enforceability of arbitration/waiver/limitations construed under FAA policies; and
• Any class action right is strictly limited: you must first obtain a Delaware court ruling that the arbitrator made a specific written non-binding finding that PhoneBox engaged in conduct constituting fraud under Delaware common law. Only then do you have a limited right to assert/join a class action claim in that court, and only to the extent the claim is based solely on recovery under Delaware common law fraud.