Assist Wireless Terms and Conditions

Table of Contents

Nation Program Qualifiers
Assist Wireless Lifeline Programs Restrictions
Annual Recertification, Verification, or Termination of Lifeline Programs
Maintaining an Active Account
Assist Wireless Services
Assist Wireless Lifeline Services
Assist Wireless Service Rates (Airtime), Features, Coverage, Activation Fees 
International Dialing
Service Plans
Assist Wireless Top Up Plans
Calling Features
Activation Fee
Handset/Equipment Requirements
Location-Based Services
Assist Wireless Prohibited Network Uses
Assist Wireless Device Unlocking Policy
Assist Wireless Taxes and Surcharges
Domestic Text Messaging Rates
International Text Messaging Rates
Premium SMS
Preventing or Sending Spam
Assist Wireless Directory Assistance, Additional Charges, and Services
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
Notices
Handset Hearing Aid Compatibility (HAC)

Assist Wireless Terms and Conditions of Service

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. These Terms and Conditions of Service apply to Assist Wireless services for wireless phones activated on Assist Wireless services. Please read these terms carefully as these Terms and Conditions of Service become effective by activating or using an Assist Wireless phone 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 subscribers of changes that are determined, in Assist Wireless’ sole discretion, to be materially adverse to a subscriber’s service or based on applicable notification regulations. If the subscriber does not terminate service within 30 days of receiving notice, the subscriber is deemed as in agreement and accepts any such changes. Please check this website often for updates to the Terms and Conditions of Service.

Lifeline Support is a monthly support that reduces the cost of monthly wireless telephone service or residential home telephone service. An eligible Assist Wireless customer may receive a Lifeline discount on wireless service, but the Lifeline discount is available for only one telephone connection per household.

Lifeline support may vary between states but will at least equal the dollar ($) amount Assist Wireless receives in Federal Universal Service Support.

Eligibility for the Assist Wireless Lifeline service program is based on participation in a Federal or State program qualifier. Subscribers may qualify for an Assist Wireless Lifeline program if they participate in one of the Federal Supported programs listed below or qualify based on household income eligibility standards as defined below. Some states may offer a state only Lifeline discount based only on state-approved programs. When completing the Assist Wireless application, subscriber acknowledges and consents to the use of customer’s name, telephone number, and address to be given to the Universal Service Administrative Company (USAC) (the administrator of the program) and/or its agents for the purpose of verifying that subscriber does not receive more than one Lifeline benefit. Refusal to grant this permission will mean the consumer is not eligible for Lifeline service. Subscriber grants authorization to Assist Wireless to access any records required to verify subscriber’s statements herein and to confirm continued eligibility for Lifeline assistance. This consent survives any termination of this agreement.

National Program Qualifiers

Programs which qualify for a subsidy under the Federal Lifeline Program are governed by the Federal Government. Assist Wireless subscribers are eligible to receive Lifeline support, if they participate in one or more of the following programs:

• Food Stamps (program may be named differently by state)
• Medicaid
• Veteran’s Pension and Survivors Pension
• Program Federal Public Housing Assistance (Section 8)
• Supplemental Security Income (SSI)
• 135% Federal Poverty Level as determined by the FCC and USAC.
• Tribal Programs (for Subscribers on Federally Recognized Tribal Lands):
• Tribally Administered TANF (TATANF)
• Food Distribution Program on Indian Reservations (FDPIR)
• Bureau of Indian Affairs General Assistance

Assist Wireless Lifeline Programs Restrictions

Subscribers applying for service within Assist Wireless Lifeline agree and declare under penalty of perjury to all of the following conditions:

• Assist Wireless Lifeline program is limited to one connection per
• Subscriber applying for service may be required to provide a Social Security Number in order to certify or verify eligibility for Lifeline service. (Social Security information will be protected in accordance with applicable laws).
• Subscriber applying for service certifies that subscriber does not participate in any other Lifeline
• Subscriber agrees to immediately notify Assist Wireless of any address changes within 30 days.
• Subscriber affirms their household will receive only one Lifeline service per economic household
• Subscriber affirms they meet the head of household
• Subscriber affirms they are at least 18 years
• Subscriber affirms they are not claimed as a dependent on another person’s tax
• Subscriber affirms they will immediately notify Assist Wireless if they no longer participate in at least one of federal programs required to receive Lifeline support.
• Subscriber authorizes representatives of any state or federal assistance program to discuss or provide documentation needed to verify participation requested by Assist Wireless. Subscriber also authorizes any state or federal assistance program representatives to verify subscriber’s eligibility for Lifeline
• Subscribers applying for the Lifeline program authorize Assist Wireless or it’s duly appointed representatives to have access to records relating to the applicant to verify eligibility for the Assist Wireless Lifeline
• Subscribers applying for the Assist Wireless Lifeline program affirm, under penalty of perjury, that all foregoing representations made when applying for service are true and correct to the best of the subscriber’s knowledge.

Annual Recertification, Verification, or Termination of Lifeline Programs

Subscribers participating in the Assist Wireless Lifeline program will be required to recertify on an annual basis. Customers must prequalify to continue to participate in Lifeline programs based on the federal recertification or verification requirements. Assist Wireless reserves the right to determine, at its sole discretion, if a subscriber meets the annual recertification or verification requirements and if the subscriber fails to re-qualify for Lifeline service. If Assist Wireless is unable to recertify or verify the required Lifeline qualifications, the subscriber will be deemed ineligible to further participate in the Lifeline programs. The subscriber’s discounted minute plan will be discontinued. Customers will have the option to continue service with Assist Wireless by choosing a non-Lifeline retail plan. The subscriber will be eligible to choose from any available retail plan offering.

Assist Wireless reserves the right to cancel or suspend, without notice, a subscriber’s account for any fraudulent related reasons or upon the request of any state or federal authority’s request. Assist Wireless subscribers have the ability to terminate from the Lifeline program for any reason.

Subscribers who choose to terminate from the Lifeline program may contact Assist Wireless via one of the options listed below with their request. Upon termination from the program, subscribers will no longer receive discounted minutes each month and will be required to re-qualify for Lifeline if they choose to enroll in another Assist Wireless Lifeline program.

Please provide termination requests to Assist Wireless by one of the means listed below.

Contact the Assist Wireless Retention Department directly at 844-529-9370.

Send written notice including the name listed on the account, the Assist Wireless phone number, and identity-related information.

Assist Wireless, LLC

Attn: Disconnect Department
3030 LBJ Freeway
Suite 1320
Dallas, TX 75234
For questions, call Assist Wireless Customer Service at 1-855-392-7747.

Maintaining an Active Account

Assist Wireless will follow Federal Truth in Billing Rules for each Supported Service as defined in 47 C.F.R. § 54.101. Assist Wireless subscriber accounts must be in good standing to continue service. Based on Federal and/or State rules and guidelines, Assist Wireless will set “good standing” guidelines. Good Standing guidelines require subscribers enrolled in the Federal Lifeline Program receiving Lifeline service to make or receive at least one (1) voice grade call, send or receive one (1) text message or use data from their Assist Wireless handset device during a continuous 30-day period to continue service. Additional usage definitions will be consistent with those defined in 47 C.F.R§ 54.407(c)(2). Good Standing guidelines require subscriber account balances to be maintained within the Assist Wireless Collection Policy to continue service. For details or questions regarding the use of service or Assist Wireless Collection Policy please contact Assist Wireless Customer Service at 1-855-EZ-ASSIST (1-855-392-7747).

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 at any time. Applicable notice will be given based on 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. A subscriber’s 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. Assist Wireless will notify subscribers of changes that are determined to be materially adverse to a subscriber’s service or based on notification regulations. If the subscriber does not terminate service within 30 days of receiving notice, the subscriber is deemed as in agreement and accepts any such changes.

Assist Wireless provides mobile telecommunications services using the geographic areas of the state approved underlying carrier territories. Assist Wireless may provide Lifeline Supported Services in these areas based on state-authorized licensing areas. 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 handset with any other service or network. Airtime 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 transmissions and are therefore affected by limitations. Coverage is not available everywhere. Quality of service may be affected by conditions beyond Assist Wireless control including atmospheric, geographical, or topographical conditions. Service may also be affected by damage to wireless handsets. 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. Assist Wireless customers have access to dial 911 in an emergency. However, occasionally a subscriber may attempt to call 911 in an area where there is no wireless coverage. If there is no wireless coverage, a subscriber’s call to 911 may not go through and the subscriber should dial 911 from the nearest landline phone.

Assist Wireless’ provides its services in accordance with its Open Internet Statement.

Except as specified in the Assist Wireless Device Unlocking Policy below, you may also not alter any of the software or hardware on your Assist Wireless handset for any purpose. Assist Wireless phones 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. Coverage can be affected by many factors such as weather, terrain, buildings, equipment, signal strength or many other factors that may affect network coverage. Assist Wireless does not guarantee coverage or network availability.

Assist Wireless Lifeline Services

Assist Wireless Lifeline Service is only available for activation by customers who reside in the areas in which Assist Wireless has been designated as an Eligible Telecommunications Carrier (“ETC”). To receive subsidized wireless service, a subscriber’s principal residence address must be within an Assist Wireless ETC. Visit www.AssistWireless.com to check whether you reside in an approved Assist Wireless service area. To be eligible for Assist Wireless service, a subscriber must meet the applicable eligibility standards described throughout these Terms and Conditions of Service, which may be amended by Assist. Where applicable, Assist Wireless Lifeline programs are provided to you by Assist Wireless, LLC and may be governed by tariffs.

Tariffs are on file with the appropriate public utility commissions in each state when required and supersede any term related to the Lifeline Assistance program. Assist Wireless may provide access to tariffs through its website. However please be aware that information posted on the website may not be final documentation and should be verified by contacting Assist Wireless directly.

Assist Wireless Service Rates (Airtime), Features, Coverage, and Activation Fees

Airtime: Airtime 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 next minute. Airtime voice usage is rounded up to the nearest whole minute. Airtime applies 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 (i.e. pressing the TALK button) and when it is answered (or terminated before being answered). Credits will not be given for dropped calls.

Any unused airtime that expires is 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.

An Assist Wireless customer must have airtime minutes available to make or receive a call. Assist Wireless handsets will only operate when you have airtime minutes available on your wireless account. Additional airtime may be purchased an added to your account. For the safety of the customer, emergency calls can be made to 911 even if there are no available airtime minutes on the wireless account. Rate plans are listed below.

International Dialing: International calling is not allowed on any Assist Wireless plan available. International dialing will be blocked during account setup. However, there are no guarantees that all international calling can be blocked from your handset. 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.

Subscribers may buy additional airtime during this period while their account has been suspended for placing international calls.

Service Plans
IMPORTANT CUSTOMER NOTICE:

Plans listed below are available for Arkansas, Maryland, Missouri, Minnesota and Oklahoma. Retail plans are available on Assist Wireless’ website. Check current plans and pricing availability per state under “Lifeline Plans” on our website. Plan availability, pricing, credits, and promotional offers may differ based on the location of the subscriber’s residence.

Assist Wireless provides broadband service at speeds that meet or exceed the FCC’s mobile broadband minimum service standards, but reserves the right to reduce download speeds when necessary while still complying with FCC standards.

DATA SPEEDS ARE NOT GUARANTEED. Assist Wireless does not guarantee the speeds of the data services it provides. Data speeds are dependent on many factors including reception, tower traffic, your device’s capabilities, and other factors. Assist Wireless reserves the right to prioritize your data behind other Assist Wireless customers during periods of network congestion or high individual daily usage by throttling your data speed. Reduced speeds and increased latency may cause web sites to load more slowly or affect the performance of data-heavy activities such as video streaming or interactive gaming. Additional scenarios that vary data speeds and performance may exist in accordance with Sprint and T-Mobile’s network management practices.

Below are the specific plans that Assist Wireless offers to eligible Lifeline consumers:

Lifeline Unlimited Voice & Unlimited Text with 4.5GB Data

Each month the customer will receive Unlimited* Voice and Unlimited* Text minutes and 4.5GB of Data. If a non-tribal customer’s monthly invoice payment is not received by the Due Date, this plan will be downgraded to the Lifeline 1000 Voice, 500 Text, with 50mb Data based on the FREE plan offered in the customer’s Service territory and charged accordingly. Once payment is received for the past due amount owed, the customer’s Service plan will automatically be restored to the original offering and any remaining voice, text, and 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. An Assist Wireless data phone is required for use with this plan. 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.

*Unlimited usage rules apply. Please see our Prohibited Network Use Policy for detail. Other credits may apply.

**Plan available for FREE in Tribal Service areas only. Customers in non-tribal service areas who do not make a payment by the Due Date will be updated from broadband-designated status to voice-designated status until payment is received, at which time, the customer will be moved back to broadband-designated status.

Lifeline Unlimited Voice & Unlimited Text with 5GB Data: Each month the Customer will automatically receive Unlimited* Talk minutes, Unlimited* Text and 5GB of Data† reloaded after the customer’s monthly payment is received, based on plan pricing. If a customer’s monthly invoice payment is not received by the Due Date, this plan will be downgraded to either the Lifeline 1000 Voice, 500 Text, with 50mb Data or the Lifeline Unlimited Voice & Unlimited Text with 4.5GB Data based on the FREE plan offered in the customer’s Service territory and charged accordingly. Once payment is received for the past due amount owed, the customer’s service plan will automatically be restored to the original offering and any remaining voice, text and 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 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 the responsibility of the Customer. Each message is rated at 160 characters. An Assist Wireless data phone is required for use with this plan.

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.

*Unlimited usage rules apply. Please see our Prohibited Network Use Policy for detail. Other credits may apply.

**Customers in non-tribal service areas who do not make a payment by the Due Date will be updated from broadband-designated status to voice-designated status until payment is received, at which time, the customer will be moved back to broadband-designated status.

Lifeline Unlimited Voice & Unlimited Text with 6GB Data: Each month the Customer will automatically receive Unlimited* Talk minutes, Unlimited* Text and 6GB of Data reloaded after the customer’s monthly payment is received, based on plan pricing. If a customer’s monthly invoice payment is not received by the Due Date, this plan will be downgraded to either the Lifeline 1000 Voice, 500 Text, with 50mb Data or the Lifeline Unlimited Voice & Unlimited Text with 4.5GB Data based on the FREE plan offered in the customer’s Service territory and charged accordingly. Once payment is received for the past due amount owed, the customers Service plan will automatically be restored to the original offering and any remaining voice, text, and 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 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 the responsibility of the Customer. Each message is rated at 160 characters. An Assist Wireless data phone is required for use with this plan.

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.

*Unlimited usage rules apply. Please see our Prohibited Network Use Policy for detail.

**Customers in non-tribal service areas who do not make a payment by the Due Date will be updated from broadband-designated status to voice-designated status until payment is received, at which time, the customer will be moved back to broadband-designated status.

Lifeline Plan 1000/500/50mb**: Each month the customer will receive 1000 Voice and 500 Text minutes and 50mb of Data†. 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. 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 available for FREE only in NON-Tribal service areas. Device not included. Non-tribal subscribers must purchase a device at the point of sale or bring their own qualifying device.

Lifeline Plan 1000/Unlimited/50mb**: Each month the customer will receive 1000 Voice and Unlimited Text minutes and 50mb of Data. If a customer’s monthly invoice payment is not received by the Due Date, this plan will be downgraded to the Lifeline 1000 Voice, 500 Text, with 50mb Data based on the FREE plan offered in the customer’s service territory and charged accordingly. Once payment is received for the past due amount owed, the customer’s Service plan will automatically be restored to the original offering and any remaining voice, text and data minutes will be made available for use. 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 available only in NON-Tribal service areas. Device not included. Non-tribal subscribers must purchase a device at the point of sale or bring their own qualifying device.

Lifeline Plan 1200/Unlimited/100mb**: Each month the customer will receive 1200 Voice and Unlimited Text minutes and 100mb of Data. If a customer’s monthly invoice payment is not received by the Due Date, this plan will be downgraded to the Lifeline 1000 Voice, 500 Text, with 50mb Data based on the FREE plan offered in the customer’s service territory and charged accordingly. Once payment is received for the past due amount owed, the customer’s Service plan will automatically be restored to the original offering and any remaining voice, text and data minutes will be made available for use. 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 available only in NON-Tribal service areas. Device not included. Non-tribal subscribers must purchase a device at the point of sale or bring their own qualifying device.

Lifeline Plan 1200/Unlimited/1GB**: Each month the customer will receive 1200 Voice and Unlimited Text minutes and 1GB of Data. If a customer’s monthly invoice payment is not received by the Due Date, this plan will be downgraded to the Lifeline 1000 Voice, 500 Text, with 50mb Data based on the FREE plan offered in the customer’s service territory and charged accordingly. Once payment is received for the past due amount owed, the customer’s Service plan will automatically be restored to the original offering and any remaining voice, text and data minutes will be made available for use. 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 available only in NON-Tribal service areas. Device not included. Non-tribal subscribers must purchase a device at the point of sale or bring their own qualifying device.

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 the responsibility of the Customer.

Voice Minute-Only Top Ups:

100 Minutes $4.00

200 Minutes $8.00

400 Minutes $11.00

1000 Minutes $20.00

Voice Minute and Text Message Top Ups:

100 Minutes /1,000 Texts $7.00

250 Minutes/2,500 Texts $13.00

500 Minutes /5,000 Texts $19.00

Text Only Top Ups:

1,000 Text $5.00

2,000 Text $10.00

4,000 Text $16.00

Data Top Ups:

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) Talk/Text/Data* $25.00

Calling Features:Assist Wireless phone plan may include the following features: Caller ID, Call Waiting, Three-Way Calling, Call Forwarding, and Voicemail depending on the availability 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 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. Subscribers 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.

Handset/Equipment Requirements: Effective December 2, 2016 handset devices utilized by Assist Wireless customers receiving a data Lifeline subsidy will comply with Lifeline Modernization Order 2016 Handset/Equipment requirements. The Order establishes standards for devices that are provided to Lifeline subscribers for use with a Lifeline-supported fixed or mobile broadband service. All devices provided for use with a Lifeline-supported fixed or mobile broadband service with or without charge after the effective date of section 54.408(f) of the new rules will be Wi-Fi enabled, 3G capable devices. Assist Wireless devices will follow the phase-in requirement listed in the order relating to the 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-data supported mobile broadband offerings will include a free or low-cost Wi-Fi enabled smartphone. Subscribers will also have the option to purchase upgraded smartphones or to bring their own qualifying device. Assist’s policies regarding device upgrades and replacements are available on the Company’s website.

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 (“Location Based 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 Location Based 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 delivery of 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 Location Based Services or the disclosure of location information may be restricted by use of parental controls or similar features. Visit our website to learn more.

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 for 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 to any individual whose usage is deemed excessive compared to that of the average subscriber, if an individual engages 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.

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, 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.

The Assist Wireless Prohibited Network Use Policy applies to all Assist Wireless voice, text, and data plans, including unlimited plans. Unlimited use does not mean impermissible or unreasonable use (as set forth in these terms and conditions). Testing of customer usage may be performed by Assist Wireless from time to time. If Assist Wireless finds that you are using an unlimited voice or text service offering for any of the prohibited uses in this section, Assist Wireless may at its discretion, 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 the Agreement. Unlimited talk and text include talk and text within the U.S. only.

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 of service listed on this website.

Assist Wireless Device Unlocking Policy

At present, Assist Wireless does not lock phones on its network, regardless of whether the consumer brings their own device (BYOD) or acquires a device from Assist Wireless. If Assist Wireless decides at some future point to begin locking phones, it will provide reasonable notice to its subscribers, and the following policy will apply:

General Eligibility Requirements for Unlock Requests:

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

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).

Assist Wireless Taxes and Surcharges

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.

Subscribers are responsible for all charges applicable to the use of Assist Wireless service regardless of whether the subscriber was the actual user of the service. 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 Up offerings in each state. Third party authorized retailers who sell Assist Wireless Top Up offerings 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.

Domestic Text Messaging Rates

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 the Assist Wireless Lifeline Assistance Program.

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 or from 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

Assist Wireless subscribers receiving unwanted text messages (i.e., spam) should contact the source and request to unsubscribe or remove the subscriber’s wireless phone number from the service. If an Assist Wireless subscriber intentionally sends spam from an Assist Wireless handset, the subscriber may be terminated without notice. Contact Assist Wireless Customer Service at 1-855-392-7747 if additional help or information is required.

Assist Wireless may send messages about your account to your Assist Wireless handset via SMS. Where required, Assist will obtain appropriate consent to send you other SMS messages.

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 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.

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 handsets do not provide rate information for services used to make or receive voice calls or messages.

If a subscriber’s 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.

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 or fax.

Send requests to:

Assist Wireless
3030 LBJ Freeway
Suite 1320
Dallas, TX 75234
Or fax to: 1-866-229-6433
Or email your request to: info@assistwireless.com

Assist Wireless Refunds, Returns, or Lost Equipment Policy Refunds:

Refunds

Assist Wireless is not responsible for, nor will we issue refunds for any lost, stolen, misused, damaged, or destroyed phones, accessories, or Assist Wireless Top Up purchases. You are responsible for purchasing replacement phones, accessories, and Top Ups at your expense. All purchases of Assist Wireless Top Ups are final and non-refundable regardless of who uses or possesses the subscriber’s wireless phone after airtime is purchased, and regardless of whether the wireless phone is used with the subscriber’s consent or knowledge. Notwithstanding the foregoing, Assist Wireless may, from time to time, provide refunds in its sole discretion. Top Up minutes, messages, and data allotments have no cash value, are non-refundable, cannot be transferred to another Assist Wireless account or customer, and may not be exchanged, transferred, resold, redeemed, or substituted for cash, merchandise, or services. If you terminate your service, you will forfeit and are not entitled to a full or partial refund for any unused minutes, messages, or data.

Promotions and Rewards

Assist Wireless may, from time to time, provide you promotional credits, promotional offers, or loyalty rewards (collectively, “Promotions and Rewards”). Promotional credits are typically courtesy account credits due to service issues, device issues, or customer inconveniences. Credits may only be used for bill payments and refills/top-ups. Credits may not be used for the purchase of any devices, accessories, or other products/services. Promotional offers are typically plan, device, and pricing offers that are available for a limited time or when you meet certain conditions. Loyalty rewards are typically rewards for being an Assist Wireless customer. Promotions and Rewards are offered at the sole discretion of Assist Wireless. Promotions and Rewards can only be claimed and redeemed by accountholders and only will be associated with the account of the customer who was offered the Promotions and Rewards. Promotions and Rewards may not be sold or transferred to another Assist Wireless account or to any other person. Promotions and Rewards have no fixed or cash value or equivalent, and may not be exchanged, transferred, resold, redeemed, or substituted for cash, merchandise, or services. If you terminate your Assist Wireless account, you will forfeit any Promotions and Rewards offered to you or associated with your account. If you fail to make payments on your account or otherwise violate these Terms and Conditions, you may lose the ability to claim or redeem Promotions and Rewards. Promotions and Rewards are not your property and Assist Wireless may, in its sole discretion, change, modify, discontinue, suspend, revoke, cancel, or terminate Promotions and Rewards at any time, with or without notice. Promotions and Rewards may be subject to additional terms and conditions as described to you when offered to you.

Returns

Wireless handsets purchased directly from or received from Assist Wireless may be returned for a full refund, issued only via check, within 7 days of receipt. This excludes promotional devices. A subscriber must return the complete handset as received at the time of activation, in the same condition as when it was received. For instructions, please contact Assist Wireless at: Customer Service at 1-855-EZ-ASSIST (1-855-392-7747).

Assist Wireless provides new and recycled handsets to subscribers. All handset models provided to Lifeline subscribers are selected at the sole discretion of Assist Wireless. Handset models may vary. Assist Wireless reserves the right to replace handsets with various models at its sole discretion. All new-in-a-box wireless handsets purchased directly from Assist Wireless include a 30-day warranty from Assist Wireless.

Refurbished phones purchased directly from Assist Wireless include a 30-day warranty. If you experience a handset malfunction call Assist Wireless at Customer Service at 1-855-EZ-ASSIST (1-855-392-7747).

In some cases, Assist Wireless Operators may procure and sell their own Upgraded devices to customers. Assist Wireless is not responsible for any warranty requirements or troubleshooting for these devices. The Operator is solely responsible for honoring all warranty requirements for devices that are independently procured and sold.

Lost or Stolen Equipment

If an Assist Wireless Subscriber loses or has their handset stolen, the subscriber is responsible for all charges incurred until Assist Wireless is notified of the lost or stolen wireless phone. To report a lost or stolen wireless phone, please contact Assist Wireless at: Customer Service at 1-855-EZ-ASSIST (1-855-392-7747). Upon receiving notice of the lost or stolen phone, Assist Wireless will suspend the account immediately. If a subscriber does not either activate a new Assist Wireless phone or notify us that they have found their wireless phone within 14 days of the suspension of the account, the account will be reactivated unless the customer contacts Assist Wireless for disconnection.

Assist Wireless Phone Number

Assist Wireless subscribers must accept the number that is assigned to them at the time of activation. The wireless phone number Assist Wireless provides for subscribers to use is and will remain the property of Assist Wireless. Assist Wireless may release a subscriber’s wireless phone number to another subscriber, without giving notice, if the subscriber cancels service with Assist Wireless, or if the account expires and is deactivated. Subscribers may transfer a wireless number prior to the wireless number being reissued to another subscriber. Assist Wireless reserves the right to change a wireless number at any time. Assist Wireless will attempt to notify the subscriber prior to any change.

In some situations, a subscriber 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 a subscriber transfers from another wireless carrier to Assist Wireless, they may have to pay a termination fee to the former carrier for terminating the contract early. Assist Wireless will not reimburse a subscriber for any termination fees imposed by other carriers.

Use of Assist Wireless Customer Information

By agreeing to the 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. Customer Proprietary Network Information (CPNI) is information that Assist Wireless obtains when providing your telecommunications services to you.

CPNI includes the types of telecommunications services you currently purchase, how you use them, and the billing information related to those services, including items such as the types of local, long distance and wireless telecommunications services that you have purchased and your calling details. Your telephone, name and address are not considered CPNI, but are considered Proprietary Information (PI) protected by law. As required by law, Assist has taken steps to protect the confidentiality of your CPNI and PI.

Limitation of Liability

Assist Wireless, LLC will not be liable to (subscriber) or related parties, for any direct or indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost or potential profits (regardless of whether it has been notified such loss may occur) by reason of any act or omission in its provision of equipment and/or services. Assist Wireless, LLC will not be liable for any act or omission of any other company furnishing a part of our services, or our equipment or for any damages that result from any service or equipment provided by or manufactured by affiliated or non-affiliated third parties. Assist Wireless, LLC is not responsible, at any time, and shall not be liable to you or anyone else for any personal information such as usernames, passwords, contacts, pictures, SMS, or any additional content you may have stored on your phone or which may remain on your phone during and/or after you no longer have service with Assist Wireless, LLC. Unless prohibited by law, (subscriber) agrees to limit claims for damages or other monetary relief against each other to direct and actual damages. Assist Wireless, LLC assumes no risk or responsibility for a subscriber’s use of any content provided by Assist Wireless services. There is no fiduciary duty that exists between (subscriber) and Assist Wireless, LLC or its affiliates. Subscribers also agree that Assist Wireless, LLC will not be liable for any missed voicemails, any messages from your voicemail system, any data content, or any storage or deletion of contacts from a handset address book provided by Assist Wireless, LLC.

Indemnification

To the full extent permitted by law, Subscribers agree to hold harmless and indemnify Assist Wireless, LLC and its affiliates and their respective officers, agents, directors, partners and employees, from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including any costs, expenses or attorneys’ fees on account thereof), directly or indirectly, resulting from your use of Assist Wireless products and services, or another person whom you authorize or not to use your products or services, whether based in contract or tort (including strict liability) and regardless of the form of action. This obligation shall survive any expiration or termination of your service with Assist Wireless, LLC.

A subscriber 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. A subscriber may have other legal rights that vary by state.

Warranties

Assist Wireless does not manufacture wireless phones 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 wireless phones 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 DON’T AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.

The Assist Wireless Terms and Conditions of Service, contained herein, 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. 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 any subscriber’s 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 a subscriber has 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.

Notices

You may send notices to Assist Wireless by mail to 3030 Lyndon B Johnson Fwy., Ste 1320, Dallas, TX 75234, email info@assistwireless.com or by phone, 1-855-392-7747. Notices will be considered effective after received by Assist Wireless. If a subscriber is unable to resolve concerns with Assist Wireless, they may file a complaint with the Federal Communications Commission or their state commission board. Any notice sent to a subscriber will be sent to the last known residence on file, or via text message to your Assist Wireless phone.

Handset Hearing Aid Compatibility

The wireless telephone industry has developed ratings to assist hearing device users in finding wireless devices that may be compatible with your hearing devices. Not all wireless devices have been rated. Wireless 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 wireless device successfully.

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

T-Ratings: Wireless 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 wireless devices. T4 is the better/higher of the two ratings. (Note that not all hearing devices have telecoils in them). When wireless 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 wireless 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 wireless devices. Your hearing device manufacturer or hearing health professional may help you find results for your hearing device. Assist offers handsets 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 wireless devices Assist Wireless offers under its branded wireless product can be found on our website at www.assistwireless.com/hac.