Assist Wireless Privacy Policy and Terms & Conditions

Assist Wireless Privacy Policy

Assist Wireless is committed to protecting the privacy of its subscribers and visitors to its website. This Privacy Policy (“Policy”) describes how Assist Wireless (“Assist Wireless” or the “Company”) will collect, access, use or disclose your Personal Information. It applies to our telecommunications services and our website (including our customer portal) (collectively, “Services”).  It does not apply to third-party or affiliated services, which are governed by separate privacy policies. By using our Services, you consent to the terms of this Privacy Policy.

We may modify the terms of this policy from time to time, and will notify you of any material changes in the manner required by law. If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change. This policy was last modified on October 27, 2016. Please check this page regularly for updates

What is Personal Information?

Personal Information (or Personally Identifiable Information) is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context.  For purposes of this Policy, Personal Information also includes CPNI, as defined below.  Personal Information does not include information that is not used to identify you, such as aggregate or anonymous information. Federal and state law require Assist Wireless to protect the confidentiality of Personal Information.

The Federal Communications Commission (“FCC”) regulates personally identifiable “Customer Proprietary Network Information” or “CPNI,” which is information related to a subscriber’s use of Assist Wireless’s network (e.g., call detail information) and information contained within Assist Wireless subscribers’ bills. CPNI does not include directory information such as name, postal address, or telephone number. As Assist Wireless provides our Services to you, Assist Wireless obtains information about the quantity, technical configuration, type, location and destination of telecommunications services we provide to you, as well as some other information found on your Assist Wireless bills. This information may constitute CPNI, as defined by federal law. Any CPNI that Assist Wireless collects from you will be handled in accordance with federal law, the Company’s internal CPNI Policy and this Privacy Policy. Under federal law, you have the right, and Assist Wireless has the duty, to protect the confidentiality of your CPNI.

What information do we collect and how do we collect it?

We collect Personal Information in a number of ways. We automatically collect information when you use our Services. We also collect information about you that you provide to us, or that we obtain from third-party sources.

Information that we automatically collect. We automatically collect certain types of information when you use our Services.  We may collect information about your Assist Wireless device, including but not limited to your device type, operating system version, signal strength, power status (on/off), and device identifiers.  We may also collect information related to your use of the device and the services you access through it, including but not limited to your call and data usage and history, your geolocation, the websites you visit, the apps you purchase, download, or use, and information about devices you tether to your Assist Wireless device. We may link information we automatically collect from you with Personal Information, including information you provide to us and information we gather from other sources.  We may use software to follow your use of our Services and other applications, including the use of cookies, web beacons, and other mechanisms, in addition to analysis of network and device information.  For example, we may allow analytic service providers(s) to collect site click-stream and cookie data to help track the use of our Services on an aggregate or individual basis.  We may also use cookies or other tracking mechanisms on our Services to facilitate your use of our Services.

Information you provide to us. You may give us Personal Information in a variety of ways, including when you sign up for our Services, enroll in Lifeline, communicate with customer care, register on www.assistwireless.com, or use our Services. The types of Personal Information we collect from you may include your name, postal address, telephone number, password, e-mail address, date of birth, last-4 digits of your social security number or other government identification number, demographics, activities, location information, and personal preferences.  We also collect information you submit through our Contact Us page. The information you may be asked to provide includes your name, e-mail address, order ID, and any questions or issues you submit through the Contact Us page. Do not submit any sensitive Personal Information (e.g., passwords, Social Security Numbers, medical information, or financial information) through the Contact Us page. Third-party providers, including third-party applications, may collect information from you as well, but unless otherwise noted, such collection and use of your information is governed by those third parties’ privacy policies—not this one.  Assist Wireless will never knowingly collect information from anyone under the age of 18 without prior verifiable parental consent and may limit participation in certain services we provide to individuals over the age of 18. Ordering online products and services from Assist Wireless is limited to adults over the age of 18. However, wireless devices and services purchased for family use may be used by minors without the knowledge of Assist Wireless. Any information collected from the usage will appear to be the personal information of the actual adult subscriber and be treated as such under this Privacy Policy.

Information collected from other sources. We may obtain Personal Information about you from other sources, including from commercially available sources such as data aggregators and public databases, as well as from our affiliates and partners (including preinstalled applications). This information may include your name, demographic information, interests and publicly-observed data, such as from social media and shopping behavior, or other information. We may combine this information with the information we collect from and about you to help us tailor our communications to you, to improve our Services, and to provide you with offers, promotions, and advertisements.

How do we use your information?

We may use the information we collect from you in the following ways: (i) To provide our Services, manage our network, and protect the security or integrity of the Services, our business, and other customers; (ii) To develop new products or services; (iii) To contact you about Assist Wireless or third-party products, services, and offers that we believe you may find of interest; (iv) To personalize your experience of our Services and to allow us to deliver the type of content and product offerings in which you are most interested; (v) To allow us to better serve you in responding to your customer service requests; (vi) To quickly process your transactions; (vii) To administer a contest, promotion, survey or similar purposes (including retention and winback marketing); (viii) To contact you by e-mail, phone, or direct mail; (ix) To respond to legal process and emergencies; or (x) For any other legitimate business purpose within the course of our customer-carrier relationship.

We may also use your Personal Information as described to you at the point of collection, with your consent. Where required, we will seek and obtain your consent to use your CPNI or other Personal Information for marketing purposes. If you would like to restrict the Company’s use of your CPNI or other Personal Information for the marketing of certain products or services, you may contact us.

How do we protect information?

We implement a variety of reasonable physical, technical, and administrative security measures to maintain the safety of your Personal Information. Your Personal Information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is encrypted into our databases to be only accessed as stated above.

Do we disclose the information we collect to outside parties?
Subject to applicable legal restrictions on our use of Personal Information, applicable federal and state law, and your instructions to us, Assist Wireless may disclose information we collect from and about you to third parties as follows (or as otherwise described to you at the point of collection):

  • Affiliates. We may share your Personal and non-Personal Information with affiliated entities for certain business purposes.
  • Service Providers. We may share your Personal Information with third parties who perform services on our behalf.
  • Third Party Verification Services. We may share limited Personal Information (e.g., name, postal address, phone number, or credit card information) about you with non-Assist Wireless entities to assist with identity verification, payment transactions and to prevent fraud and identity theft. These third party verification services are governed by those entities’ separate privacy policies and not this policy.
  • Other Third Parties with Your Consent. We may share your Personal Information with other third parties with your consent. For example, you may permit Assist Wireless to share your Personal Information with other third parties so that they may contact you about their products and services. The use of the information you agree to share will be subject to those third parties’ separate privacy policies.
  • Business Transfers. Your Personal Information may be disclosed as part of any merger, acquisition, sale of company assets or transition of service to another provider. In the unlikely event of an insolvency, bankruptcy or receivership, your Personal Information may also be transferred as a business asset.
  • Protection of Assist Wireless and Others. We may access, monitor, use or disclose your Personal Information or communications to do things such as: to comply with valid legal requests; in case of emergency, to protect our rights, property, or safety or those of our customers; to protect against fraud, malice, abuse, or illegal activity; to defend ourselves in court or other proceedings; to report to credit bureaus or collection agencies or to obtain payment for previously-billed products and services; or to share with outside auditors or regulators.

De-identified or aggregated information. We may share Personal Information that is de-identified or in an aggregated form that does not directly identify you to improve our products, support our business, provide customer service, advertise our products, conduct market research, assist with research studies, assist with municipal or other government activities (e.g., planning), or to prepare internal or external reports. We share de-identified or aggregate information for purposes such as to:

Your use of third party applications and services. When using our Services, you may choose to use services and products offered by third parties, such as third party applications. When you leave our network, you may also use mobile roaming services provided by third parties. Your use of such services and applications may result in these third parties collecting your Personal Information and obtaining information from Assist Wireless, including location information (when applicable). You may also choose to give your Personal Information directly to third parties when using our wireless services or devices. The Personal Information you give to a third party will be subject to that third party’s terms, conditions and policies—not this Privacy Policy. You should always review a third party’s privacy policy and terms of service before providing your Personal Information to them or using their services or products.

Preinstalled third party applications. Assist Wireless has partnered with some third-party application developers to enhance your Assist Wireless experience.  These applications may or may not be branded as Assist Wireless applications and will be preinstalled on your device when you obtain it from Assist Wireless.  These applications may require Assist Wireless to share certain Personal Information with the third-party application for them to function. When you use these applications, they may also share certain Personal Information with Assist Wireless, which Assist Wireless may use to provide you with enhanced Services, to market our offerings to you, or for any other purposes consistent with this policy. When you first subscribe to our Services, you will be given a choice to permit sharing Personal Information to facilitate the functioning of these applications.  You may decline to opt-in to sharing Personal Information with these applications at that time or later by Contacting Us and following any required instructions.  If you decline to opt-in, you may not be able to use these third party applications, and certain features of these applications may not function.

Third-party compliance with Assist Wireless Privacy Policy. If we use any of the third parties as noted above, and those third parties require the use of CPNI or other Personal Information, we require that such third parties take reasonable steps to protect the confidentiality of that information. If you would like to restrict the disclosure of your CPNI or other Personal Information for the marketing of certain products or services, you may contact us.

How can you opt-out, remove, or modify information you have provided to us?

To modify your e-mail subscriptions, you may “unsubscribe” using the option embedded within any email you receive from us or by calling customer service. Please note that due to email production schedules you may receive any emails already in production. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.

Third party links. In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).

What if I visit or use a third-party website application, or service?

The Services may include links to third-party websites and applications, which may have privacy policies that differ from our own. We are not responsible for the practices of such sites.

What special rights apply to California consumers?

The California “Shine the Light” law, California Civil Code Section 1798.83, entitles California consumers to request information concerning whether a business has disclosed Personal Information to any third parties for that business’ direct marketing purposes. Assist Wireless may share Personal Information between Assist Wireless affiliates and marketing agents for marketing purposes. We do not share your Personal Information with unaffiliated third parties for their own independent marketing purposes without your consent. California residents may request the categories of Personal Information Assist Wireless shared with its affiliates during the previous calendar year, if any. To make your request for information or to opt-out of the disclosure of Personal Information to third parties for their direct marketing purposes, send an email to info@assistwireless.com. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.

Written requests may be sent to:

Assist Wireless, LLC
2330 Gravel Dr.
Fort Worth, TX 76118

Assist Wireless will respond to these requests within 30 days. Requests that come to Assist Wireless through means other than email or mail to the above-listed addresses may result in a delayed response.

Questions and feedback

We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.

 

Terms & Conditions

Assist Wireless Terms and Conditions of Service
About Lifeline
Program Based Eligibility
Income Based Eligibility
Eligibility is Non-Transferable and Non-Assignable
Assist Wireless Lifeline Programs Restrictions
Annual Recertification, Verification, or Termination of Lifeline Programs
Termination of Lifeline Service
Maintaining an Active Account
Assist Wireless Services
Assist Wireless Lifeline Service Availability
Assist Wireless Service Rates, Features, Activation Fees, and Benefit Port Limitation Service Plans
Service Plans
Device/Equipment Requirements
Location-based Services
Assist Wireless Prohibited Network Uses
Assist Wireless Device Unlocking Policy
Assist Wireless Taxes and Surcharges
Assist Wireless Text Messaging Rates
Assist Wireless Directory Assistance, Additional Charges and Services
Purchases and Authority to Use
Assist Wireless Subscriber Account History
Assist Wireless Refunds, Returns, or Lost Equipment Policy
Assist Wireless Phone Number
Use of Assist Wireless Customer Information
Limitation of Liability
Indemnification
Warranties
Disputes
Notices
Dishonored Checks or Other Instruments
Device Hearing Aid Compatibility (HAC)

Assist Wireless Terms and Conditions of Service
As used herein, “Assist Wireless” or “we,” “us” or “our” refers to Assist Wireless. “You,” “your,” “customer,” or “subscriber” refers to the person or entity that is the customer of record and/or purchases or uses our Devices or services. As used in this Agreement, the term: (A) “Services” means services to you provided by or through Assist Wireless to your Device (including voice telephony, text messaging, and broadband Internet access services), as well as any mobile applications provided to you by Assist Wireless; and (B) “Device” means a mobile phone or other device, accessory or other product, provided or sold to you by Assist Wireless, or that is activated or used under your Assist Wireless account.
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Agreement to Terms of Service
By initiating Service and placing calls and or using any other service on the Assist Wireless’ network, you acknowledge and agree to the complete Terms and Conditions of Service listed on this website.

Assist Wireless is a Service brought to you by Assist Wireless, LLC. Assist Wireless provides both Non-Lifeline and Lifeline assisted wireless Services. The Lifeline Assistance program is supported by the federal Universal Service Fund program and is administered by the Universal Service Administrative Company (“USAC”). These Terms and Conditions of Service apply to Assist Wireless Services for Devices activated on Assist Wireless Services. You must be 18 years or older to enroll in or use Assist Wireless’s Services. Please read these terms carefully as these Terms and Conditions of Service become effective by activating or using an Assist Wireless Device and are a legally binding agreement between you and Assist Wireless. These Terms and Conditions of Service contain important information about your consumer rights. Assist Wireless reserves the right to change or modify the Terms and Conditions of Service at any time and at its sole discretion. Changes made to the Terms and Conditions of Service will become effective at the time the change is posted on the Assist Wireless website at www.AssistWireless.com, unless otherwise required by law. Assist Wireless will notify you of changes that are determined, in Assist Wireless’ sole discretion, to be materially adverse to your Service or based on applicable notification regulations. If you do not terminate Service within 30 days of receiving notice, you are deemed as in agreement and accept any such changes. Please check this website often for updates to the Terms and Conditions of Service.
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About Lifeline
Lifeline Support is a monthly support that reduces the cost of monthly wireless telephone service or residential home telephone service. The Lifeline discount is available for only one telephone connection per household, defined, for purposes of the Lifeline program, as any individual or group of individuals who live together at the same address and share income and expenses. If you or any member of your Household participates in a Lifeline program with another provider, you are responsible for (1) notifying the other provider that you or the other member of your Household has been approved for an Assist Wireless Lifeline plan and (2) de-enrolling in Lifeline service with the other provider. Notice to terminate service from any other provider’s Lifeline program must be given before activating new Service in the Assist Wireless Lifeline plan. Lifeline support may vary between states but will at least equal the dollar amount Assist Wireless receives in Federal Universal Service Support.
You may qualify for an Assist Wireless Lifeline plan if you participate in one of the qualifying programs listed below or qualify based on household income eligibility standards as defined below. Some states may offer a state only Lifeline discount only based on state approved programs. When completing the Assist Wireless application, you acknowledge and consent to the use of your name, telephone number, and address to be given to USAC (the administrator of the program) and/or its agents for the purpose of verifying that you do not receive more than one Lifeline benefit. Refusal to grant this permission will result in rejection of an application for Assist Wireless’s Lifeline Service. You grant authorization to Assist Wireless to access any records required to verify your statements herein and to confirm continued eligibility for Lifeline assistance. This consent survives any termination of this agreement.
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Program-Based Lifeline Eligibility

You are eligible to receive federally supported Lifeline service if you participate in one or more of the following qualifying programs:

  • Supplemental Nutrition Assistance Program (“SNAP”) f/k/a Food Stamps (program may be named differently by state)
  • Medicaid
  • Veteran’s Pension and Survivors Pension Program (beginning December 2, 2016)
  • Federal Public Housing Assistance (Section 8)
  • Supplemental Security Income (SSI)
  • Low-Income Home Energy Assistance Program (LIHEAP) (until December 2, 2016)
  • National School Lunch Program’s free lunch program (NSLP) (until December 2, 2016)
  • Temporary Assistance for Needy Families (TANF) (until December 2, 2016)
  • State eligibility programs (until December 2, 2016)

If you reside on on Federally Recognized Tribal Lands, you qualify if you participate on or more in the following Tribal programs:

  • Tribally Administered TANF (TTANF)
  • Food Distribution Program on Indian Reservations (FDPIR)
  • Bureau of Indian Affairs General Assistance
  • Head Start (only those households meeting its income qualifying standard)

Proof of program participation will be required to demonstrate program based eligibility. Acceptable documentation of program eligibility includes: (1) the current or prior year’s statement of benefits from a qualifying state, federal or Tribal program; (2) a notice letter of participation in a qualifying federal or Tribal program; (3) program participation documents (such as the consumer’s Supplemental Nutrition Assistance Program (SNAP) electronic benefit transfer card or Medicaid participation card (or copy thereof)); or (4) another official document evidencing the consumer’s participation in a qualifying federal or Tribal program.
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Income-Based Lifeline Eligibility
All states must offer a minimum income eligibility of 135% of the Federal Poverty Guidelines. You are eligible for Lifeline service with Assist Wireless if your total gross income is at or below 135% of the Federal Poverty Guidelines. For purposes of federal regulations, “gross income” means all income actually received by all members of the household from whatever source derived, unless specifically excluded by the Internal Revenue Code. Acceptable documentation of income eligibility includes the prior year’s state, federal, or Tribal tax return; current income statement from an employer or paycheck stub; a Social Security statement of benefits; a Veterans Administration statement of benefits; a retirement/pension statement of benefits; an Unemployment/Workmen’s Compensation statement of benefits; federal or Tribal notice letter of participation in General Assistance; or a divorce decree, child support award, or other official document containing income information for at least three months’ time.
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Eligibility is Non-Transferable and Non-Assignable
Eligibility for Assist Wireless Lifeline Services is personal and relates to you individually. You may not transfer to any third party, including a third party that is eligible for Lifeline service, any of your rights or benefits received under the Assist Wireless Lifeline Services, including, but not limited to, any voice minutes or broadband data received under the Assist Wireless Lifeline Services. Similarly, you may not assign your rights or delegate any of your duties under this Agreement without the prior written consent of Assist Wireless, and any attempted assignment or delegation without such consent shall be void.
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Assist Wireless Lifeline Programs Restrictions
When applying for Service in an Assist Wireless Lifeline plan, you agree and declare under penalty of perjury that all of the following conditions apply:

  • You have read and understand the disclosures listed in the Lifeline Service Application and Certification (“Certification”) form;
  • You certify that to the best of your knowledge, your Household is not already receiving a Lifeline service benefit;
  • Lifeline service is limited to one connection per Household;
  • You the income-based or program-based eligibility criteria for receiving Lifeline service and have provided documentation of eligibility if required;
  • If you are seeking to qualify for Lifeline as an eligible resident of Tribal lands, you live on Tribal lands;
  • You will be required to provide the last four digits of your Social Security Number or Tribal ID Number;
  • You have read and understand the disclosures listed in the Certification form regarding activation and usage requirements;
  • You authorize Assist Wireless to access any records required to verify application statements on the Assist Wireless form and to confirm your eligibility for the Lifeline program;
  • You authorize Assist Wireless to release any records required for the administration of the Lifeline program (e.g., name, telephone number and address), including to the Universal Service Administrative Company to be used in a Lifeline database and to ensure the proper administration of the Lifeline Program. Failure to consent will result in denial of the Lifeline Services;
  • You will notify Assist Wireless within 30 days if for any reason you no longer satisfy the criteria for receiving Lifeline Services, including, as relevant, if you no longer meet the income-based or program–based eligibility criteria, you begin receiving more than one Lifeline benefit, or another member of your household is receiving a Lifeline benefit. You understand that you may be subject to penalties if you fail to follow this requirement;
  • You are not listed as a dependent on another person’s tax return (unless over the age of 60);
  • Your address listed on the Certification form is your primary residence, not a second home or business;
  • If you move to a new address, you will provide that new address to Assist Wireless within 30 days;
  • You acknowledge that providing false or fraudulent information to receive Lifeline benefits is punishable by law;
  • You acknowledge that you may be required to recertify continued eligibility for Lifeline at any time, and failure to recertify as to continued eligibility within 30 days will result in de-enrollment and the termination of your Lifeline benefits;
  • The information contained in the your Certification form is true and correct to the best of your knowledge;
  • If you participate in another Lifeline program at the same time you are applying for Assist Wireless Lifeline Services, you must cancel Lifeline service with the other provider; and
  • You affirm you are at least 18 years old, unless you are an emancipated minor.

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Annual Recertification, Verification, or Termination of Lifeline Programs
If you participate in an Assist Wireless Lifeline plan, you will be required to recertify your eligibility for the program on an annual basis based on the appropriate federal recertification or verification requirements. Assist Wireless reserves the right to determine, at its sole discretion, if you meet the annual recertification or verification requirements and if you fail to re-qualify for Lifeline Service. If Assist Wireless is unable to recertify or verify the required Lifeline qualifications you will be deemed ineligible to further participate in an Assist Wireless Lifeline plan. Your discounted minute plan will be discontinued. You will have the option to continue Service with Assist Wireless by choosing a non-Lifeline retail plan. You will be eligible to choose from any available retail plan offering.
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Termination of Lifeline Service
Assist Wireless reserves the right to cancel or suspend, without notice, your account for any fraud-related reasons or upon the request of any state or federal authority’. You have the ability to cancel your Assist Wireless Lifeline Service for any reason. If you choose to terminate from the Lifeline program, you may contact Assist Wireless through one of the options listed below with your request. Upon cancellation of Service, you will no longer receive discounted minutes each month and will be required to re-qualify for Lifeline if you choose to enroll in another Assist Wireless Lifeline plan.

Please send termination requests to Assist Wireless by one of the means listed below. Please include your name, wireless number, and identity related information.

Assist Wireless, LLC
Attn: Disconnect Department
2330 Gravel Dr
Fort Worth, TX 76118
Fax to: 1-866-229-6433
Call Customer Service: 1-855-392-7747 or 1-844-529-9370

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Maintaining an Active Account
Prior to December 2, 2016, in order to maintain an active Lifeline account, you must use the Service at least once every 60 days. At or before 60 days of non¬use, Assist Wireless will provide notice to you that failure to use the Lifeline Services within a 30-day notice period will result in de-enrollment. Starting on December 2, 2016, in order to maintain an active account, you must use the Service at least once every 30 days. At or before 30 days of non¬use, Assist Wireless will provide notice to you that failure to use the Lifeline Services within a 15-day notice period will result in de-enrollment. You may demonstrate usage of the Service through the following means: (i) Completion of an outbound call or usage of data; (ii) Purchase of minutes or data from Assist Wireless to add to your Service plan; (iii) Answering an incoming call from a party other than Assist Wireless or an Assist Wireless agent or representative; (iv) Responding to direct contact from Assist Wireless and confirming that you want to continue receiving Lifeline Service; or (v) Sending a text message. This usage policy applies only to customers who do not have a regular billing relationship with us.

Your account balance must be maintained within Assist Wireless Collection Policy to continue Service. Questions regarding use of Service or Assist Wireless Collection Policy should be directed to 1-855-420-2449 or Assist Wireless Customer Service at 1-855-EZ-ASSIST (1-855-392-7747).
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Assist Wireless Services
Assist Wireless Service is provided at the company’s discretion. Assist Wireless may change pricing or the company’s Terms and Conditions of Service, from time to time. Notice of changes that are determined, in Assist Wireless’s sole discretion, to be materially adverse to your Service will be provided based on applicable state and federal requirements. Unless expressly prohibited by law, Assist Wireless reserves the right to modify or cancel a subscriber’s Service, an account, or take corrective action at any time and for any reason, including, but not limited to, violation of any provision of these Terms and Conditions of Service. Check the Assist Wireless website, www.AssistWireless.com, for the most recent pricing and changes to the Terms and Conditions of Service. Your right to use Assist Wireless Service is subject to Assist Wireless business practices, policies, procedures, rates and Terms and Conditions of Service. Assist Wireless may change the Terms and Conditions of Service at any time. If you do not terminate Service within 30 days of receiving notice, you are deemed as in agreement and accept any such changes.

Assist Wireless provides mobile voice and broadband Services subject to the geographic service territories of its underlying carriers. Assist Wireless does not guarantee coverage availability in all areas. Local phone numbers may not be available in all areas. Except as specified in Assist’s Device Unlocking Policy below, subscribers may not use Assist Wireless Service with any other wireless phone, device, or on another network and may not use an Assist Wireless Device with any other service or network. Voice minutes may be used for domestic calling within the United States and for other services as provided in these Terms and Conditions of Service.

Assist Wireless Services use radio and wired transmissions and are therefore affected by limitations. Coverage is not available everywhere. Quality of Service may be affected by factors beyond Assist Wireless control including but not limited to buildings, equipment or signal strength, or atmospheric/weather, geographical, or topographical conditions. Service may also be affected by damage to wireless Devices. Assist Wireless does not guarantee, or warrant, that Service will be available at any specific time or geographical location, or that Service will be provided without possible interruption. You should therefore never solely rely on your wireless phone for emergency calls, such as to 911. You have access to dial 911 in an emergency. However, occasionally you may attempt to call 911 in an area where there is no wireless coverage. If there is no wireless coverage, your call to 911 may not go through and you should dial 911 from the nearest landline phone.

Broadband Information. For additional information about our broadband Internet access Service practices, please visit our Open Internet Statement.

Except as specified in the Assist Device Unlocking Policy below, you may not alter any of the software or hardware on your Assist Wireless Device for any purpose. Assist Wireless Devices may not be sold to third parties.
In order to verify if you reside within a Service area please visit www.AssistWireless.com. You may enter your ZIP code or locate coverage maps on the website to verify coverage. The map is only an approximation of actual coverage and may differ substantially from the areas of coverage shown on the website.
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Assist Wireless Lifeline Service Availability
Assist Wireless Lifeline Service is only available for activation in the areas in which Assist Wireless has been designated as an Eligible Telecommunications Carrier (“ETC”). To receive subsidized wireless Service, your principal residence address must be within an Assist Wireless ETC service area. Visit www.AssistWireless.com to check whether you reside in an approved Assist Wireless service area. Where applicable, Assist Wireless Lifeline programs are governed by tariffs in addition to these Terms and Conditions of Service. Tariffs are on file with the appropriate public utility commissions in each state when required and, should a conflict arise between these Terms and Conditions of Service and an applicable tariff, the tariff supersedes these Terms and Conditions of Service. Assist Wireless may provide access to tariffs through its website. However information posted on the website may not be final documentation and should be verified by contacting Assist Wireless directly.
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Assist Wireless Service Rates, Features, Activation Fees, and Benefit Port Limitations

Voice and Text Usage Charges: Charges apply to standard voice usage calls for both local and domestic long distance calls. Assist Wireless voice usage is deducted in full-minute increments and all partial minutes are rounded up to the nearest whole minute. Charges apply to all message retrieval and voice calls. Unanswered outbound calls will be billed if the ring time exceeds 30 seconds. Ring time is defined as the amount of time between the point when a call is initiated (pressing the TALK button) and when it is answered (or terminated before being answered). Credits will not be given for dropped calls. Any unused voice minutes or text messages that expire are forfeited upon expiration or termination of eligibility in the Assist Wireless Lifeline Assistance program. Roaming charges, if they apply, will be billed at a rate of $0.59 per minute of use and will be deducted from the available minutes. Roaming charges occur when a subscriber makes a call using the facilities of another wireless service provider due to the location the call was placed. Roaming occurs when you make or receive calls outside the home network calling area. Assist Wireless does not provide any guarantees as to the availability or quality of service while roaming. You must have voice minutes available to make or receive a call. Assist Wireless Devices will only operate when you have voice minutes and/or text messages available on your account. Additional voice minutes and/or text messages may be purchased an added to your account. Rate plans are listed below.

International Dialing:
 International calling is not allowed on any Assist Wireless plan. International dialing will be blocked during account setup. However, there are no guarantees that all international calling can be blocked from your Device. If you attempt an international call and are successful your account may be blocked from making any additional calls for the remainder of the billing cycle except for emergency calls where available. You may buy additional voice minutes and/or text messages during this period while your account has been suspended for placing international calls.

Data Usage Charges. Call data transport is billed in full­ kilobyte increments, and actual transport is rounded up to the next full kilobyte increment at the end of each data session for charging purposes. Assist Wireless charges a full kilobyte of data transport for every fraction of the last kilobyte of data transport used on each data session. Network overhead, software update requests, and re­send requests caused by network errors can increase measured kilobytes. DATA TRANSPORT/USAGE OCCURS WHENEVER YOUR DEVICE IS CONNECTED TO OUR NETWORK AND IS ENGAGED IN ANY DATA TRANSMISSION, INCLUDING BUT NOT LIMITED TO: (i) SENDING OR RECEIVING EMAIL, DOCUMENTS, OR OTHER CONTENT, (ii) ACCESSING WEBSITES, OR (iii) DOWNLOADING AND USING APPLICATIONS. SOME APPLICATIONS, CONTENT, PROGRAMS, AND SOFTWARE THAT YOU DOWNLOAD OR THAT COMES PRE-LOADED ON YOUR DEVICE AUTOMATICALLY AND REGULARLY SEND AND RECEIVE DATA TRANSMISSIONS IN ORDER TO FUNCTION PROPERLY, WITHOUT YOU AFFIRMATIVELY INITIATING THE REQUEST AND WITHOUT YOUR KNOWLEDGE. FOR EXAMPLE, APPLICATIONS THAT PROVIDE REAL-TIME INFORMATION AND LOCATION-BASED APPLICATIONS CONNECT TO OUR NETWORK, AND SEND AND RECEIVE UPDATED INFORMATION SO THAT IT IS AVAILABLE TO YOU WHEN YOU WANT TO ACCESS IT. IN ADDITION, ANY ADVERTISEMENTS OR ADVERTISER-RELATED MESSAGES OR DATA DELIVERED TO YOUR DEVICE, EVEN IF DELIVERED TO AN APPLICATION, AS WELL AS ANY MESSAGES OR CONTENT THAT INITIATE IN RESPONSE TO AN ADVERTISEMENT, WILL COUNT TOWARD YOUR DATA USAGE. YOU WILL BE BILLED FOR ALL DATA TRANSPORT AND USAGE WHEN YOUR DEVICE IS CONNECTED TO OUR NETWORK, INCLUDING THAT WHICH YOU AFFIRMATIVELY INITIATE OR THAT WHICH RUNS AUTOMATICALLY IN THE BACKGROUND WITHOUT YOUR KNOWLEDGE, AND WHETHER SUCCESSFUL OR NOT. A DATA SESSION INITIATED ON THE UNDERLYING CARRIER NETWORK WILL CONTINUE ITS CONNECTION OVER THE UNDERLYING CARRIER NETWORK UNTIL THE DATA TRANSMISSION IS CONCLUDED, EVEN WHEN YOU CONNECT TO A WI-FI NETWORK DURING THE TRANSMISSION.

Calling Features:Assist Wireless phone plans may include the following features: Caller ID, Call Waiting, Three-Way Calling, Call Forwarding, and Voicemail depending on the available from the underlying carrier. Caller ID may display both your billing name and your wireless number when placing outbound calls. Assist wireless does not have the ability to block your name and number when making outbound calls.

Activation Fee:Assist Wireless from time to time may charge a Service activation fee. Service activation fees may vary by state. In most states the activation fee will range from $15 to $80. If applicable, a company activation credit may apply. Activation fees may be deferred based on product offerings.  In some states the activation fees may be waived. You are solely responsible for the entire activation fee if discounts, waivers or deferred program offerings are not available or applied. Assist Wireless reserves the right to change the activation fees charged to new subscribers.

Benefit Port Limitations:Effective December 2, 2016, if your Service includes federal Lifeline-supported broadband Internet Service, you may not port your benefit from one Lifeline provider to another until you have been a subscriber with your original provider for at least twelve months from your Service initiation. If your Service is voice-only, you may not port your benefit from one Lifeline provider to another for at least sixty days from your Service initiation.

The benefit port limitations described in the preceding paragraph will apply to Lifeline-supported voice and broadband Services unless one of the following exceptions is met: (1) you move residential address; (2) Assist Wireless ceases operations or otherwise fails to provide Service; (3) Assist Wireless has imposed late fees for non-payment related to the supported Service(s) greater than or equal to the monthly end-user charge for Service; or (4) Assist Wireless is found to be in violation of the FCC’s rules during the benefit year and the subscriber is impacted by such violation.
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Service Plans
IMPORTANT CUSTOMER NOTICE:

AS OF December 1, 2016, ASSIST WIRELESS WILL NO LONGER OFFER THE FOLLOWING PLAN OFFERINGS (“LEGACY PLANS”): Lifeline Free Plan 250, Lifeline 300 Voice & 300 Text with 50 MB Data, Lifeline 500 Voice & 500 Text with 150 MB Data, Lifeline 1000 Voice & 1000 Text with 25MB Data, Lifeline Unlimited Voice & Unlimited Text with 50 MB Data, AND Lifeline Unlimited Voice & Unlimited Text with 250 MB Data.

AS OF DECEMBER 1, 2016, ASSIST WIRELESS WILL OFFER THE FOLLOWING PLANS TO NEW AND EXISTING CUSTOMERS; Lifeline Free Plan 500/500, Lifeline Plan 500/1500, Lifeline Plan 1000 Talk /Unlimited Text, Lifeline 500 Voice & 500 Text with 500 MB Data, Lifeline 1000 Voice & Unlimited Text with 500 MB Data, Lifeline Unlimited Voice & Unlimited Text with 500 MB Data, Lifeline Unlimited Voice & Unlimited Text with 1 GB Data AND Lifeline Unlimited Voice & Unlimited Text with 2 GB Data.

AS OF DECEMBER 1, 2016 ALL EXISTING CUSTOMERS THAT ARE ON LEGACY PLANS WILL BE CONVERTED TO EITHER A TRANSITION PLAN OR REMAIN ON A GRANDFATHERED PLAN AS OUTLINED. LIFELINE FREE PLAN 250/250 WILL TRANSITION TO LIFELINE FREE PLAN 500/500. LIFELINE PLAN 300/300/30 WILL TRANSITION TO LIFELINE PLAN 500/1500. LIFELINE PLAN 500/500/150MB WILL BE GRANDFATHERED, CURRENT CUSTOMERS ON THIS PLAN WILL REMAIN. LIFELINE PLAN 1000/1000/25 WILL TRANSITION TO LIFELINE PLAN UNLIMITED/UNLIMITED/500MB. LIFELINE PLAN UNLIMITED T&T/50MB WILL TRANSITION TO THE NEW PLAN, LIFELINE PLAN UNLIMITED T/T & 500MB, AVAILABLE DECEMBER 1, 2016. UNLIMITED T&T & 250MB WILL TRANSITION TO LIFELINE PLAN UNLIMITED T/T & 1GB DATA. PRIOR MIGRATED CUSTOMERS ON GRANDFATHERED PLANS WILL TRANSITION AS FOLLOWS: LIFELINE PLAN 1000/1000 WILL TRANSITION TO LIFELINE PLAN 1000/UNLIMITED/500MB. LIFELINE PLAN 2250 T & UNLIMITED TEXT WILL TRANSITION TO 1000T & UNLIMITED TEXT/500BM. LIFELINE 2250 T & UNLIMITED TEXT/200MB WILL TRANSITION TO UNLIMITED/UNLIMITED/1GB AND LIFELINE PLAN UNLIMITED T&T WILL TRANSITION TO 1000/UNLIMITED/500MB.

ASSIST WIRELESS WILL PROVIDE REASONABLE NOTICE TO ALL AFFECTED CUSTOMERS, WHO WILL HAVE AN OPPORTUNITY TO SELECT THE NEW TRANSITION PLAN OFFERING, AND SELECT A PLAN OF THEIR CHOICE, PROVIDED THE ACCOUNT IS IN GOOD STANDING, OR TERMINATE THEIR SERVICE PRIOR TO THE DECEMBER 2, 2016 TRANSITION DATE OR WITHIN 30 CALENDAR DAYS OF RECEIVING NOTICE, WHICHEVER IS LATER. CUSTOMERS WHO FAIL TO TERMINATE THEIR SERVICE OR SELECT ANOTHER VOICE PLAN WILL BE AUTOMATICALLY TRANSITIONED TO A PLAN AS SPECIFIED ABOVE.

Retail plans are available on Assist Wireless’ website. Check current plans and pricing availability per state under “Enroll Now” on our website. Some plans are only available in limited geographic areas, as noted below. Below are the specific plans that Assist Wireless offers to eligible Lifeline consumers in Arkansas, Maryland, Missouri and Oklahoma:

Lifeline Free Plan 500/500 **: Each month you will receive 500 free voice and 500 free text minutes. Text messaging will be assessed at a rate of 1 text unit per text message for sending and 1 text unit per text message for receiving text messages. There is no rollover of unused minutes with this plan. Unused voice and text minutes will expire each month on the Service expiration date. Each text message is based on 160 characters per message. Customers receive free voicemail, caller ID, call waiting, call forwarding, 3-way calling and domestic long distance based on the availability provided by the underlying carrier.
**Plan Effective as of December 1, 2016
**Plan available in Non-Tribal Service areas only

Lifeline Plan 500/1500**: Each month you will automatically receive 500 voice and 1500 text minutes, reloaded after your monthly payment is received, based on plan pricing. If your monthly invoice payment is not received by the Due Date, this plan will be downgraded to the Lifeline Free Plan 500/500 and charged accordingly. Once payment is received for the past due amount owed, the plan will automatically re-store to the original offering and the corresponding plan voice, text and or data minutes will be made available for use. Text messaging will be assessed at a rate of 1 minute per text message for sending and 1 minute per text message for receiving text messages. There is no rollover of unused minutes with this plan. Unused voice and text minutes will expire each month on the Service expiration date. Each text message is based on 160 characters per message. You receive free voicemail, caller ID, call waiting, call forwarding, 3-way calling and domestic long distance based on the availability provided by the underlying carrier.
**Plan Effective as of December 1, 2016
**Plan available in Non-Tribal Service areas only

Lifeline Plan 1000Talk /Unlimited Text**: Each month you will automatically receive 1000 voice and Unlimited* text minutes reloaded after your monthly payment is received, based on plan pricing. If your monthly invoice payment is not received by the Due Date, this plan will be downgraded to the Lifeline Free Plan 500/500 and charged accordingly. Text messaging will be assessed at a rate of 1 minute per text message for sending and 1 minute per text message for receiving text messages. There is no rollover of unused minutes with this plan. Unused voice and text minutes will expire each month on the Service expiration date. Each text message is based on 160 characters per message. You receive free voicemail, caller ID, call waiting, call forwarding, 3-way calling and domestic long distance based on the availability provided by the underlying carrier.
*Unlimited usage rules apply. Please see our Prohibited Network Use Policy for detail. Other credits may apply
**Plan Effective as of December 1, 2016
**Plan available in Non-Tribal Service areas only

Lifeline Plan 500 Voice / 500 Text / 500 MB Data**: Each month you will automatically receive 500 voice and 500 text minutes and 500 MB of Data reloaded after your $10.00 monthly payment is received, based on plan pricing. If your monthly invoice payment is not received by the Due Date, this plan will be downgraded to the Lifeline Free Plan 500/500 and charged accordingly. Text messaging will be assessed at a rate of 1 minute per text message for sending and 1 minute per text message for receiving text messages. There is no rollover of unused minutes with this plan. Unused voice and text minutes will expire each month on the Service expiration date. Each text message is based on 160 characters per message. You receive free voicemail, caller ID, call waiting, call forwarding, 3-way calling and domestic long distance based on the availability provided by the underlying carrier.
**Plan Effective as of December 1, 2016
**Plan available in Non-Tribal Service areas only

Lifeline Tribal Free 1000 Voice & Unlimited Text with 500 MB Data**: Each month you will automatically receive 1000 Talk minutes, Unlimited* Text and 500 MB of Data per month reloaded after your monthly payment is received, based on plan pricing. Text messaging will be assessed at a rate of 1 minute per text message for sending and 1 minute per text message for receiving text messages. There is no rollover voice, text or data available with this plan. Unused voice, text and data will expire each month on Service expiration date. Additional talk, text and data minutes can be purchased. All Applicable taxes and fees will apply and are your responsibility. Each message is rated at 160 characters. An Assist Wireless data phone is required for use with this plan.
*Unlimited usage rules apply. Please see our Prohibited Network Use Policy for detail.
**Plan Effective December 1, 2016

Lifeline Tribal Unlimited Voice & Unlimited Text with 500 MB Data**: Each month you will automatically receive Unlimited* Talk minutes, Unlimited* Text and 500 MB of Data reloaded after the customer’s monthly $1.00 payment is received, based on plan pricing. If your monthly invoice payment is not received by the Due Date, this plan will be downgraded to the Lifeline 1000 Voice & Unlimited Text with 500 MB Data plan. Text messaging will be assessed at a rate of 1 minute per text message for sending and 1 minute per text message for receiving text messages. There is no rollover voice, text or data available with this plan. Unused voice, text and data will expire each month on Service expiration date. Additional talk, text and data minutes can be purchased. All Applicable taxes and fees will apply and are your responsibility. Each message is rated at 160 characters. An Assist Wireless data phone is required for use with this plan.
*Unlimited usage rules apply. Please see our Prohibited Network Use Policy for detail. Other credits may apply
**Plan Effective December 1, 2016

Lifeline Unlimited Voice & Unlimited Text with 1 GB Data**: Each month you will automatically receive Unlimited* Talk minutes, Unlimited* Text and 1GB of Data reloaded after the customer’s monthly payment is received, based on plan pricing. If your monthly invoice payment is not received by the Due Date, this plan will be downgraded to the Lifeline 1000 Voice & Unlimited Text with 500 MB Data plan. Text messaging will be assessed at a rate of 1 minute per text message for sending and 1 minute per text message for receiving text messages. There is no rollover voice, text or data available with this plan. Unused voice, text and data will expire each month on Service expiration date. Additional talk, text and data minutes can be purchased. All Applicable taxes and fees will apply and are your responsibility. Each message is rated at 160 characters. An Assist Wireless data phone is required for use with this plan.
*Unlimited usage rules apply. Please see our Prohibited Network Use Policy for detail.
**Price Change Effective December 1, 2016

Lifeline Unlimited Voice & Unlimited Text with 2 GB Data**: Each month you will automatically receive Unlimited* Talk minutes, Unlimited* Text and 2 GB of Data reloaded after your monthly payment is received, based on plan pricing. If your monthly invoice payment is not received by the Due Date, this plan will be downgraded to the Lifeline 1000 Voice & Unlimited Text with 500 MB Data plan. Text messaging will be assessed at a rate of 1 minute per text message for sending and 1 minute per text message for receiving text messages. There is no rollover voice, text or data available with this plan. Unused voice, text and data will expire each month on Service expiration date. Additional talk, text and data minutes can be purchased. All Applicable taxes and fees will apply and are your responsibility. Each message is rated at 160 characters. An Assist Wireless data phone is required for use with this plan.
*Unlimited usage rules apply. Please see our Prohibited Network Use Policy for detail.
**Plan Effective December 1, 2016

Assist Wireless Top Up Plans:  Assist Wireless offers additional minute, text and data plans for purchase. Customer-purchased minute, text, and data Top Up plans will expire after 90 days if not used in full. Bundled packages expire based on increment time listed for each bundle. Unused purchased minutes will roll forward each month until all purchased minutes have been used or expire. Assist Wireless Top Ups are available in several increments. Offerings are available based on underlying Service Provider. Not all packages may be available for all customers to purchase.  Applicable taxes and fees may apply and are your responsibility.

Voice Minute-Only Top Ups:

Minutes Price
100 $4.00
200 $8.00
400 $11.00
1000 $20.00

 

Voice Minute and Text Message Top Ups:

Minutes/Texts Price
100/1,000 $7.00
250/2,500 $13.00
500/5,000 $19.00

 

Text Message Top Ups:

Texts Price
1,000 $5.00
2,000 $10.00
4,000 $16.00

 

Broadband Data-Only Top Ups:

Data Price
100 MB $4.00
500 MB $16.00
1 GB $20.00

 

Bundled* Package Top Ups:
One (1) Day Unlimited Talk/Text* $5.00
Three (3) Day Unlimited Talk/Text* $8.00
One Week (7) Days Unlimited Talk/Text* $13.00
Two Week (14) Days Unlimited Talk/Text* $20.00
100/1000/1GB Ninety Day (90) T/T/Data* $25.00
*Effective December 1, 2016
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Device/Equipment Requirements
In Assist Wireless’s sole discretion, we may provide you with a handset Device free of charge, offer you a handset Device to purchase, or allow you to bring your own device to our network. The Device must be compatible with, and not interfere with, our Services, and must comply with all applicable laws, rules and regulations. Except where you bring your own device to Assist Wireless, Device models provided to Lifeline subscribers are selected at the sole discretion of Assist Wireless. Effective December 2, 2016 all devices provided by Assist for use with a Lifeline-supported fixed or mobile broadband service will be Wi-Fi enabled, 3g capable Devices, and at least one available Device will be hotspot capable. Assist Wireless Devices will follow the phase-in requirement listed in the order relating to percentage of devices offered with or without charge for use with a mobile broadband Service that is hotspot-capable (or capable of “tethering”). Assist Wireless Lifeline mobile broadband offerings will include a free or low-cost Wi-Fi enabled Device. You will also have the option to purchase upgraded Devices. Assist’s policies regarding Device upgrades and replacements are available on the Company’s website.
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Location-based Services
Your Device may be location­ enabled, meaning that the Device is capable of using optional Goods, Content, and Services, at your request or the request of a user on your account, offered by Assist Wireless or third parties that make use of a user’s location (“Location­Based Services”), using location technology such as Global Positioning Satellite (“GPS”), wireless network location, or other location technology. Please review the terms and conditions and the associated privacy policy for each Location­Based Service to learn how the location information will be used and protected. We may also use location information to create aggregate data, subject to our Privacy Policy (located at www.assistwireless.com), for services like traffic­ monitoring and delivering targeted advertising. It is your responsibility to notify users on your account that the Device they are using may be location­ enabled. The use of certain Location­Based Services or the disclosure of location information may be restricted by use of parental controls or similar features. Visit our website to learn more.
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Assist Wireless Prohibited Network Uses Policy
You may not use Assist Wireless’ Services and equipment for any unlawful, fraudulent, harassing, or abusive purpose. By requesting Assist Wireless Services, you agree that you will not use Services and equipment in any unlawful, fraudulent, harassing, or abusive manner. Assist Wireless reserves the right, without notice or limitation, to limit, deny, terminate, end, modify, disconnect, or suspend Service if you engage in any of the prohibited voice, text, or data uses detailed below, or if Assist Wireless determines, on a case-by-case basis, that action is necessary to protect its wireless network, business, equipment, or Services from harm or degradation resulting from such prohibited uses.

The Assist Wireless Prohibited Network Use Policy applies to all Assist Wireless voice, text, and data plans, including unlimited plans. If Assist Wireless finds that you are using an unlimited voice, text or data Service offering for any of the prohibited uses in this section, Assist Wireless may at its discretion, may terminate your Service or change your plan to one with no unlimited usage components. Assist Wireless will provide notice that it intends to take any of the above actions, and will give you an opportunity to terminate Service. Unlimited talk and text includes talk and text within the U.S. only.

  • Voice and Text Services:Assist Wireless provides its voice and text Services solely for live dialogue between, and initiated by, individuals for personal (i.e., non-commercial) use and as otherwise described in this policy. You may not use Assist Wireless voice and text services for any other purpose, including, but not limited to: conference calling, call forwarding, monitoring Services, data transmissions, transmission of broadcasts, transmission of recorded material, telemarketing, broadcast or autodialed calls or texts, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between individuals. This Service may not be used in a manner that interferes with other Assist Wireless customers’ use of the Service.
  • Data Services:Assist Wireless data Services are provided only for personal (i.e., non-commercial) use, which includes web surfing, sending and receiving email, photographs and other similar messaging activities, and the non-continuous streaming of videos, downloading of files or online gaming. Assist Wireless data Services may not be used for any of the following uses: (1) to generate excessive levels of Internet traffic through the continuous, unattended streaming, downloading or uploading of videos, music, or other files or to operate hosting services including, but not limited to, web or gaming hosting; (2) to maintain continuous active network connections to the Internet, for example, through a web camera or machine-to-machine connections that do not involve active participation by a person; (3) 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; (4) to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, “junk mail,” unsolicited commercial or bulk email, or fax; (5) for activities that adversely affect the ability of other people or systems to use either Assist Wireless’ Services or other parties’ Internet-based resources, including, but not limited to, “denial of service” (DoS) attacks against another network host or individual user; (6) for an activity that connects any device to Personal Computers (including without limitation, laptops), or other equipment for the purpose of transmitting wireless data over the network (unless customer is using an Assist Wireless Device designated for such usage); or (7) for any other reason that violates policy.

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Assist Device Unlocking Policy
At present, Assist Wireless does not lock phones on its network, regardless of whether you bring your own device (BYOD) or receive a Device from Assist Wireless.  If Assist Wireless decides at some future point to begin locking phones, it will provide reasonable notice to you, and the following policy, consistent with point 12 of the CTIA Consumer Code for Wireless Service, will apply:

General Eligibility Requirements for Unlock Requests:

  • The Device must be designed for use on, and locked to, the Assist Wireless network.
  • It must not be reported lost or stolen.
  • It must not be associated with fraudulent activity.
  • The Device must be active for at least one (1) year of prepaid Service.

Unlocking Your Phone: Assist Wireless can send you unlock instructions upon request, provided we can reasonably obtain an unlock code from the manufacturer of your Device. To request an unlock code and steps to unlock your Device, contact customer support at 1-855-EZ-ASSIST (1-855-392-7747) or info@assistwireless.com.  Within two business days of receiving such a request that meets the eligibility requirements above, we will enable you to unlock your Device, initiate a request to the manufacturer to unlock the Device, or provide an explanation why we reasonably need more time to process the unlocking request.

Deployed Military Personnel: Exceptions to this unlocking policy will apply for deployed military personnel in good standing that provide their deployment papers. Contact Assist Wireless customer support for more details.

Limitations: This policy is subject to Assist Wireless’ Terms and Conditions of Service and may change without notice. We may request proof of purchase or additional information in our discretion and certain other exceptions may apply. We may deny any request for a mobile Device unlock code at our sole discretion if we have a reasonable basis to believe that the request is an effort to defraud the company or its customers, or that the Device is stolen. As a reseller of wireless service, Assist Wireless’ unlocking policy may be subject to additional limitations imposed by our underlying carrier(s).

Interoperability: Carriers typically use different frequencies and air interface technologies to provide wireless network access. As a result, a Device that works on one carrier’s network may not be technologically compatible with another carrier’s network.  “Unlocking” a Device refers only to disabling software that would prevent a consumer from attempting to activate a Device designed for one carrier’s network on another carrier’s network, even if that network is technologically compatible.  In other words, “unlocking” a Device will not necessarily make a Device interoperable with other networks – a Device designed for one network is not made technologically compatible with another network merely by “unlocking” it.  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).
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Assist Wireless Taxes and Surcharges
You are responsible for all charges applicable to the use of Assist Wireless Service regardless if you were the actual user of the Service. Charges may include, without limitation: voice, text or data usage, roaming, recurring monthly Service, activation, administrative, returned­ check and late payment charges; network and other surcharges; optional feature charges; toll, collect call and directory assistance charges; any other charges or calls charged to your phone number; and applicable taxes, surcharges and governmental fees, whether assessed directly upon you or upon Assist Wireless. Assist Wireless charges state and local sales taxes. Pricing listed on the Assist Wireless website or listed in advertising methods for wireless Service may not include certain taxes or surcharges. The amount of these taxes and surcharges are subject to change and may vary by geographic area. Assist Wireless may charge and collect sales taxes and regulatory fees on all Top Ups in each state. Third party authorized retailers who sell Top Up may become responsible for the collecting and paying of sales taxes and required regulatory fees for transactions that occur through such third party authorized retailers. Changes to a tax or surcharge will become effective as provided by the appropriate taxing authority and changes to applicable contribution amounts for Federal Universal Service Fund (“FUSF”) will apply. Taxes and fees are subject to change without notice.
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Assist Wireless Text Messaging Rates

Domestic Text Messaging Rates. Unless your Service includes federal Lifeline-supported voice Service, domestic text will be deducted from available text minutes received with monthly minute plans or purchased as a Top Up. Text messages received and/or sent are limited to 160 characters. Each text message received and/or sent is valued as 1 minute. Unused text messaging minutes will expire at the end of your monthly subscription period and will not be applied to subsequently purchased minutes, unless your plan includes roll over minutes. Subscriber messaging plans do not include international text, picture messaging, or voicemail messages.

International Text Messaging Rates.
Assist Wireless does not offer or allow international text messages. Attempting to send international messages could result in deactivation of Service and de-enrollment from an Assist Wireless Lifeline Assistance plan.

Premium SMS.
Premium SMS is a text message to a designated “short code.” Buying or attempting to buy SMS services from anyone other than Assist Wireless is strictly prohibited. Premium SMS campaigns may include activities such as sending a vote, playing a game, expressing opinions, subscribing to some type of service, or some type of interaction with a television program. Assist Wireless does not participate in Premium SMS services or campaigns. You are solely responsible for any charges incurred for Premium SMS services or campaigns. Any text messages sent to a “short code” using Assist Wireless service will not likely be successfully sent or received. Any charges you may incur as a result of any attempts to participate in Premium SMS campaigns or services are not refundable, regardless whether you incur charges as deductions from your Assist Wireless minutes.
Preventing or Sending Spam. If you receive unwanted text messages (“spam”), you should contact the source and request to unsubscribe or remove your phone number from the service. If you intentionally send spam from an Assist Wireless Device, you may be terminated without notice. Contact Assist Wireless Customer Service @ 1-855-392-7747 if additional help or information is required.
Assist Wireless may send messages about your account to your Assist Wireless Device via SMS, including notice of the annual recertification requirement.  Where required, Assist will obtain appropriate consent to send you other SMS messages.
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Assist Wireless Directory Assistance, Additional Charges and Services
Directory assistance calls are not charged at a rate per call. Directory assistance calls are deducted from subscriber’s available minutes at a 1:1 ratio. Assist Wireless reserves the right to access a rate per call in the future. Notice of such will be added to these Terms and Conditions of Service and will be posted to our website.
Calls to 900 / 976 or other pay-per-call service numbers are not available to Assist Wireless subscribers. Assist Wireless will block any calls to 1-900, 1-976, some international calling, or other pay-per-call services. However, if any charges are received by Assist Wireless from the underlying carrier for these types of calls, these charges will be passed through to the end user for payment. Nonpayment of these charges when billed to the subscriber will constitute automatic disconnection of Service.

In some cases our directory assistance service (411) will use the location of the Device to deliver relevant customized 411 information based upon the user’s request for a listing or other 411 service. By using this directory assistance service, the user is consenting to our use of that user’s location information for such purpose. This location information may be disclosed to a third party to perform the directory assistance service and for no other purpose. Such location information will be retained only as long as is necessary to provide the relevant customized 411 information and will be discarded after such use.

Calls placed to 800/866/877 or other toll-free numbers will incur standard minute usage of a 1:1 ratio. Assist Wireless allows subscribers to make or receive domestic long distance calls inside the domestic USA as long as coverage is available. Assist Wireless does not allow free calls to other subscribers using Assist Wireless Service. Assist Wireless subscriber Devices do not provide rate information for services used to make or receive voice calls or messages.
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Purchases and Authority to Use
Your Device can be used to purchase goods and services including ring tones, graphics, games, applications, or news alerts (including subscription plans) from Assist Wireless or elsewhere from third parties, including within applications (“In-App Purchases”) (collectively, “Goods, Content, and Services”). Goods, Content, and Services may be purchased directly with a Device assigned to your account or online. Data usage charges are also incurred in the purchase of Goods, Content, and Services. Unless you have broadband plan (in which case you will be billed according to your data usage), you will be charged at the standard per kilobyte charge for the Goods, Content, and Services transport when delivered. You have access to your Goods, Content, and Services transaction history on our website. You are responsible for all Devices containing a Subscriber Identity Module (SIM) card assigned to your account. Except as otherwise provided in this Agreement, if such Device is used by others to purchase Goods, Content, and Services, you are responsible for all such purchases and all associated charges. You are giving those other users your authority 1) to order Goods, Content, and Services from the Device, including subscription services, and to incur charges for those Goods, Content, and Services, and 2) to give any consent required for those Goods, Content, and Services, including the consent to use that user’s location information to deliver customized information to that user’s Device, or to make any representation required for those Goods, Content, and Services, including a representation of the user’s age, if requested. Usage by others can be restricted by use of parental controls or similar features. Visit our website to learn more.

If your account is deactivated for any reason, Assist Wireless may assess subscribers a standard reactivation fee, which is not refundable.

Please contact Assist Wireless at: 1-855-420-2449, Customer Service at 1-855-EZ-ASSIST (1-855-392-7747), or visit our website at www.AssistWireless.com, for additional pricing information or answers to any questions about Assist Wireless Services. Calls to Assist Wireless may be monitored and recorded for quality assurance.
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Assist Wireless Subscriber Account History
Subscriber call record detail history is available online for the previous 60 days of Service. You may request a printed copy of your account history by sending a written request to the below address. You may also contact Assist Wireless at 1-855-420-2449 or Customer Service at 1-855-EZ-ASSIST (1-855-392-7747). Please visit www.AssistWireless.com to access your account history at no cost. Assist Wireless subscribers have the ability to request a copy of their paper bill. Requests for a copy of the paper bill must be submitted in writing via mail, fax or email.
Send requests to:
Assist Wireless
2330 Gravel Dr.
Fort Worth, TX 76118
Or fax to: 1-866-229-6433
Or email your request to: info@assistwireless.com
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Assist Wireless Refunds, Returns, or Lost Equipment Policy

Refunds: Assist Wireless is not responsible for, nor will we refund any lost, stolen, misused, or damaged Devices or Assist Wireless Top Ups. Assist Wireless does not accept returns or provide refunds of any Assist Wireless Top Ups unless it is determined Assist Wireless did not perform the duty of Service. All purchases of Assist Wireless Top Ups are final and non-refundable regardless of who uses or possesses your Device after Top Ups are purchased, and regardless of whether the Device is used with your consent or knowledge. Monthly charges are non-refundable.

Returns: Wireless Devices purchased directly from or received from Assist Wireless may be returned for a full refund back to the original form of payment used for purchase within 30 days of receipt. You must return the complete Device as received at the time of activation. For instructions, please contact Assist Wireless at: Customer Service at 1-855-EZ-ASSIST (1-855-392-7747). Assist Wireless provides new and recycled Devices to subscribers. All Device models provided to Lifeline subscribers are selected at the sole discretion of Assist Wireless. Device models may vary. Assist Wireless reserves the right to replace Devices with various models at its sole discretion. All new in a box wireless Devices purchased directly from Assist Wireless include a 90-day warranty from Assist Wireless. Refurbished phones purchased directly from Assist Wireless include a 30-day warranty.  If you experience a Device malfunction call Assist Wireless at Customer Service at 1-855-EZ-ASSIST (1-855-392-7747).

Lost or Stolen Equipment: If you lose or have your Device stolen, you are responsible for all charges incurred until Assist Wireless is notified of the lost or stolen Device. To report a lost or stolen Device, please contact Assist Wireless at: Customer Service at 1-855-EZ-ASSIST (1-855-392-7747). You may request a replacement through Customer Service by paying a replacement fee (fees vary depending on your Device). Replacements will be shipped within 24 business hours or receipt of payment. Upon receiving notice of the lost or stolen phone, Assist Wireless will suspend the account immediately. If you do not either activate a new Assist Wireless Device or notify us that you have found your Device within 30 days of the suspension of the account, your account will be deactivated and you will lose the Assist Wireless phone number.
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Assist Wireless Phone Number
You must accept the number that is assigned to you at the time of activation. The phone number Assist Wireless provides for you to use is and will remain the property of Assist Wireless. Assist Wireless may release your phone number to another subscriber, without giving notice, if you cancel Service with Assist Wireless, or if your account expires and is deactivated. You may transfer a phone number prior to the phone number being reissued to another subscriber. Assist Wireless reserves the right to change a phone number at any time. Assist Wireless will attempt to notify you prior to any change.

In some situations, you may transfer an existing carrier telephone number to your Assist Wireless Service for use as an Assist Wireless phone number. To switch an existing phone number to Assist Wireless, please contact Assist Wireless at: 1-855-420-2449 or call Assist Wireless Customer Service at 1-855-EZ-ASSIST (1-855-392-7747). Before calling, please have a bill available from the existing carrier. When you transfer from another wireless carrier to Assist Wireless, you may have to pay a termination fee to the former carrier for terminating the contract early. Assist Wireless will not reimburse you for any termination fees imposed by other carriers.
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Use of Assist Wireless Customer Information
By agreeing to Terms and Conditions of Service herein, you also agree to the terms of Assist Wireless Privacy Policy available online at www.AssistWireless.com. The Privacy Policy may change from time to time and includes important information on what data we collect about you, how we use this data and with whom we share that data, as well as provides your options regarding how we use your information. Assist Wireless may disclose to law enforcement authorities and governmental agencies any information about you, including but not limited to, your name, account information, account history, or other information. As the Company provides telecommunications products and Services to you, the Company obtains information about the quantity, technical configuration, type, location, and destination of telecommunications products and Services you use, as well as some other information found on your bill. Any such “Customer Proprietary Network Information” (CPNI) data that Assist Wireless collects from you will be handled in accordance with the FCC regulations and the Assist Wireless Privacy Policy. Under federal law, you have the right and the Company has the duty to protect the confidentiality of your CPNI.
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Limitation of Liability
IN NO EVENT SHALL ASSIST WIRELESS BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any: (a) act or omission of a third party; (b) mistakes, omissions, interruptions, errors, failures to transmit, delays or defects in the service provided by or through us; (c) damage or injury caused by the use of service or Device, including use in a vehicle; (d) claim against you by third parties; (e) damage or injury caused by a suspension or termination of service by Assist Wireless; or (f) damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service. Notwithstanding the foregoing, if your service is interrupted for 24 or more continuous hours by a cause within our control, we will issue you, upon request, either a credit equal to a pro­rata adjustment of any recurring charge (if applicable) for the time period your service was unavailable, not to exceed the charges collected for the period of interruption, or an extension of the expiration period. Our liability to you for service failures is limited solely to the credit set forth above. Unless applicable law precludes parties from contracting to so limit liability, and provided such law does not discriminate against arbitration clauses, Assist Wireless shall not be liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, service or Device provided by or through Assist Wireless, including loss of business or goodwill, revenue or profits, or claims of personal injuries.
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Indemnification
To the full extent permitted by law, you hereby release, hold harmless and indemnify Assist Wireless, LLC and its affiliates and their respective officers, agents, directors, partners, employees and representatives, from any and all liabilities, settlements, penalties, claims, causes of action and demands brought (including any costs, expenses or attorneys’ fees on account thereof) by any person or entity, directly or indirectly, resulting from Assist Wireless products and Services, or any person’s use thereof, whether based in contract or tort (including but not limited to strict liability, vehicular damage and personal injury) and regardless of the form of action, INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF ASSIST WIRELESS, or any violation by you of this Agreement.. This obligation shall survive any expiration or termination of your Service with Assist Wireless, LLC. Assist Wireless is not liable to you for changes in operation, equipment or technology that cause your Device or software to be rendered obsolete or require modification.

You may reside in a state that does not allow disclaimers of implied warranties or limits remedies for breach. Therefore, the above exclusions or limitations may not apply to all subscribers. You may have other legal rights that vary by state.
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Warranties
Assist Wireless does not manufacture Devices or equipment used by subscribers. The only warranties applicable to such Devices or equipment are those extended by the manufacturers. We have no liability, therefore, in connection with Devices and other equipment or for manufacturers’ acts or omissions. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES PROVIDED HEREUNDER OR ANY SOFTWARE REQUIRED TO BE USED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, AND TO THE EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, WARRANTY THAT A PRODUCT OR SERVICE IS FIT FOR A PARTICULAR USE OR WARRANTY OF MERCHANTABILITY. WE EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES. WE DO NOT PROMISE ERROR-FREE OR UNINTERRUPTED SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.

The Assist Wireless Terms and Conditions of Service, contained herein, any applicable rate summary sheet, the terms included in the rate brochure(s) describing your plan and Services, and any documents expressly referred to herein or therein, make up the complete agreement between you and Assist Wireless, and supersede all oral or written communications and understandings between you and Assist Wireless with respect to products and Services provided to you and the terms under which they are offered by Assist Wireless. The surviving sections of this Terms and Conditions of Service shall continue to be valid and enforceable in the event that any part of these Terms and Conditions of Service is declared invalid, not applicable, or becomes unenforceable. There are no provisions of these Terms and Conditions of Service that provide any person or any entity that is not a party to these Terms and Conditions of Service with any remedy, liability, claim, reimbursement, or any cause of action, or that creates any other third-party beneficiary rights.
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Disputes
Within 60 days of the date of any event giving rise to a dispute, including a dispute over any charges and any Service we provided, you must notify us in writing at Assist Wireless, LLC, 2330 Gravel Drive, Fort Worth, TX 76118, of such dispute, or you will have waived your right to dispute the charge or such Services and to bring, or participate in, any legal action raising any such dispute. The 60-day limitation shall not apply to the filing of a complaint with your state’s Public Service Commission or the FCC. You maintain your right to file a complaint with your state’s Public Service Commission, the FCC, or an appropriate federal or state governmental agency regarding the Service provided and/or charges imposed by Assist Wireless. Nothing in this paragraph or this agreement in any way eliminates or abridges that right.
Any legal dispute, unless otherwise specified herein, shall be subject to the exclusive jurisdiction of the federal or state courts located within the state of Oklahoma. This excludes customers who are residents of the state of California.

Assist Wireless reserves the right to suspend or terminate your access to Assist Wireless Services or to the Assist Wireless website or affiliated websites, at any time, should we determine in our sole discretion that you have violated any of these Terms and Conditions of Service or any other policy of Assist Wireless, its affiliates, or for any other reason at the sole discretion of Assist Wireless.
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Notices
You may send notices to Assist Wireless by mail to 2330 Gravel Drive, Fort Worth, Texas 76118, email info@assistwireless.com or by phone, 1-855-392-7747. Notices will be considered effective after received by Assist Wireless. If you are unable to resolve concerns with Assist Wireless, you may file a complaint with the Federal Communications Commission or their state commission board. Any notice sent to you will be sent to the last known residence on file, or via text message to your Assist Wireless Device.
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Dishonored Checks or Other Instruments
We will charge you $30.00 or the highest amount allowed by law, whichever is less, for any check or other instrument (including any credit card chargebacks) tendered by you and returned unpaid by a financial institution for any reason. You agree to reimburse us the fees of any collection agency, which may be based on a percentage at a maximum of 33% of the debt, and all costs and expenses, including reasonable attorneys’ fees, we incur in such collection efforts or the most allowed by law, whichever is less.
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Device Hearing Aid Compatibility
The wireless telephone industry has developed ratings to assist hearing device users in finding Devices that may be compatible with your hearing devices. Not all Devices have been rated. Devices that are rated will have the rating displayed on their box together with other relevant approval markings.  These ratings are not guarantees. Results will vary depending on your hearing device and hearing loss. If your hearing device is vulnerable to interference you may not be able to use a rated Device successfully.

M-Ratings: Devices rated M3 or M4 meet FCC requirements and are likely to generate less interference to hearing devices than Devices that are not labeled. M4 is the better/higher of the two ratings.

T-Ratings: Devices rated T3 or T4 meet FCC requirements and are likely to be more usable with a hearing device’s telecoil (“T Switch” or “Telephone Switch”) than unrated Devices. T4 is the better/higher of the two ratings. (Note that not all hearing devices have telecoils in them). When Devices are used near hearing devices (such as hearing aids and cochlear implants), users may detect a buzzing, humming, or whining noise. Some hearing devices are more immune than others to this interference, and Devices also vary in the amount of interference they generate. Hearing devices may also be measured for immunity to this type of interference. The more immune your hearing aid is, the less likely you are to experience interference noise from Devices. Your hearing device manufacturer or hearing health professional may help you find results for your hearing device. Assist offers Devices with different levels of functionality described as follows:

  • Functionality Level A indicates a phone that is at least SMS, Camera, Bluetooth, USB, and Data Capable.
  • Functionality Level B indicates a phone that is at least SMS, Camera, and Data Capable.
  • Functionality Level C indicates a phone that is at least SMS and Data Capable.

The Devices Assist Wireless offers under its branded wireless product can be found on our website at www.assistwireless.com/hac.
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Version 8: 12-13-2016