Terms & Conditions

RULES OF CONDUCT

You will not use your Services to harm, bully or harass other individuals.

You will not use your Freemii device to take pictures, video or audio with the intention of embarrassing someone.

You will not intentionally send unsolicited messages, including text, picture and instant messages (also called “spamming”) from your Freemii device.

You will use the Services only for personal use (not for resale or commercial purposes).

You will upload, post or use any content only if you have legal rights to use, distribute and publish such content.

You will not do anything to interfere or disrupt our provision of the Services or harm or impede the ability of others to use their Services.

You may not re-program, reverse engineer, or alter any of the hardware or software on your Freemii device or within the Freemii Services.

You may not upload, download, post, distribute or otherwise transmit any content that is unlawful, fraudulent, libelous, defamatory, slanderous, obscene, pornographic, harassing, threatening, abusive or harmful or that infringes upon others’ privacy, right of publicity, copyright or other intellectual property or other rights.

SAFETY AND SECURITY

To protect your personal data, Freemii requires a password for any access, changes, or service to your account. You acknowledge that you are responsible for all activity occurring using your password. You are advised not to disclose your password to third parties, and you should contact us (Click here.) immediately if you believe that your password has been compromised.

Please note that Freemii will not directly complete any calls to 1-900 numbers, 1-976 numbers or other similar services.

While we work hard to protect our customers from improper disclosures of confidential and personal information and to provide our users with a secure network environment, you acknowledge that, despite our efforts, we cannot absolutely guarantee that all communications and personal information will remain secure. Freemii will not be responsible or liable for security breaches occurring despite its ordinary and reasonable security procedures.

FREEMII CHARGES

This section describes the Freemii Services and how charges are applied. Some Freemii products, including handset and handset accessories, may require alternative methods of payment.

Unless otherwise specified in a separate written agreement between Freemii and you, the specific rates for each Service are detailed at Freemii.com/rates (the “Rate Card”). Your use of each of those Services is subject to these Terms. Freemii may introduce new rate plans and additional Services, or modify existing Services and rates, from time to time.

Freemii wireless network services are provided on the Nationwide Sprint PCS Network. Roaming surcharges will not be applied by Freemii. However, your handset may function with other carrier networks. If you use another carrier's network, you are subject to their charges and terms of service. Please Note: For any subscription service with an initial promotional period, charges will automatically apply after the promotional period is over. If you do not cancel the subscription service before the end of the promotional period, the subscription service will continue and charges will apply until you cancel the service.

You may be able to configure your account to enable purchases of particular Services by individual End Users. For example, parents may configure an account so that End Users who are minors may purchase ringtones for their mobile devices, or employers may configure an account so that End Users who are employees may purchase access to specific Services. By permitting End Users to access or purchase any particular Services, you are agreeing to be responsible for all purchased made by them.

DESCRIPTION OF FREEMII SERVICES

Subject to your agreement to, and compliance with, these Terms, and for so long as these Terms remain in effect, Freemii will provide the Services you have purchased from us. You acknowledge that Freemii may modify the Services from time to time, subject to these Terms.

To make full use of the features within the Freemii Services, you acknowledge that you may need to setup and/or configure your Freemii account using online tools within one of Freemii’s Web sites. Use of Freemii’s Web sites is subject to Freemii’s Terms of Use, which may be reviewed by clicking here. In the event of a conflict between those Terms of Use and these Terms, these Terms will supersede and govern.

We reserve the right to modify these Terms or the Services from time to time. If we make any material changes in a way that adversely affects you, we will give you appropriate notice. Please check Freemii.com/terms for news and updates and for the most current version of these Terms.

SERVICE COVERAGE AND SERVICE QUALITY

Freemii wireless network services are provided by one or more third-party carrier networks. Freemii Services are available using mobile devices specified by Freemii and purchased from Freemii or an authorized Freemii retailer. You understand that we do not control or operate those carrier networks, and therefore we cannot guarantee that your calls and messages will always get through, or that Freemii Services will be provided without any interruption or error.

EQUIPMENT REFUNDS AND RETURNS

Certain Freemii Services utilize equipment such as mobile phones or other mobile devices. Devices purchased directly from Freemii may be returned for a full refund (except shipping, which is not refundable) within 30 days of purchase. In order to process the return, you must provide your original receipt plus everything that came inside your Freemii package (e.g., with mobile phone purchases, your return must include the phone, battery, charger, earbud and packing materials). You are required to securely pack everything in the original package and to pay return shipping to Freemii at the address provided by Freemii customer services department. Please contact us (Click here.) for additional instructions before returning your items. Freemii will not be responsible for improperly returned items. Your refund will be processed as a credit to the credit card you used when you made the purchase. You understand that Freemii cannot provide refunds or accept returns for products not purchased directly from Freemii.

PURCHASES FINAL AND NON-REFUNDABLE

All purchases of Freemii Services are final, and payments for Freemii Services are non-refundable. However, if you think that there has been an error in any charge posted to your account, please notify us (Click here.) within 30 days after the charge is posted to request an investigation of your claim. If we determine the charge was made in error, a credit will be posted to your account.

ACCOUNT & SERVICE STATUS

We reserve the right to temporarily suspend Services if payment has not been made when due. Some Services may require payment in advance, in which event you may be unable to activate those Services until payment is made. While suspended, you will be unable to utilize the Services. For example, if the suspended Services are cellular telephone voice and/or data services, you will be unable to make or receive calls, send or receive text messages, download ringtones or other applications, or use any other Services. If telephone services are suspended, Freemii will hold your phone number for 90 days even when your account is inactive. After 90 days of suspension, however, Freemii will deactivate such accounts, and you will lose your phone number and any remaining balance in your account. (Note: For telephone services, even while suspended of after an account is deactivated, you will still have an ability to call 911 from Freemii devices with phone capabilities.)

You understand that after your account is deactivated, you do not have any continuing rights to any number, e-mail address or other identifier we may assign to your device or account. You may not modify, change or transfer any of these except as we allow or as provided by law. In certain instances you may transfer your number from another carrier to us, or from us to another carrier. We do not guarantee that transfers to or from us will be successful.

Freemii reserves the right to discontinue delivering Services to any customer it believes is abusing the Service, not complying with these Terms, is performing illegal or inappropriate acts using the Freemii Services and/or is abusing the Service through excessive and/or commercial use.

LOST OR STOLEN EQUIPMENT

If your Freemii device is lost or stolen, please notify us immediately, and we will suspend your account. Our contact information is located here. You are not responsible for charges incurred after you notify us. However, you will be responsible for charges incurred before you notify us, so please contact us as quickly as possible.

In these cases you may purchase another Freemii device. If the device was a mobile device with phone capabilities, you may activate the replacement device with the phone number of your lost device. All funds in your Freemii account will be available and will transfer to your new device.

DISCLAIMER OF WARRANTY

YOU UNDERSTAND THAT FREEMII IS NOT THE MANUFACTURER OF ANY PHONES OR OTHER EQUIPMENT SOLD FOR USE WITH FREEMII SERVICES. ALL SUCH DEVICES ARE SUBJECT TO THEIR MANUFACTURERS’ RESPECTIVE WARRANTIES, IF ANY, THE TERMS OF WHICH ARE PROVIDED AT THE TIME OF PURCHASE. SUBJECT TO THE FOREGOING, TO THE MAXIMUM EXTEND PERMITTED BY APPLICABLE LAW, FREEMII, ITS LICENSORS, AND VENDORS, DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS, THE SERVICES, ALL CONTENT ITEMS, AND ALL PHONES OR OTHER EQUIPMENT SOLD FOR USE WITH FREEMII SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION, AND/OR DATA ACCURACY. FREEMII AND ITS LICENSORS AND VENDORS DO NOT WARRANT THAT THE OPERATION OF ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NO WARRANTY IS MADE ON THE BASIS OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED OR LIMITED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY OR MAY BE LIMITED. YOU ACCEPT ANY RISK ASSOCIATED WITH VIRUSES, SPYWARE, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO YOUR SYSTEMS THROUGH THE FREEMII SERVICES WITHOUT OUR KNOWLEDGE, AND YOU AGREE THAT FREEMII AND ITS VENDORS AND LICENSORS ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF PHONES OR OTHER EQUIPMENT PURCHASED FOR USE WITH THE FREEMII SERVICES, THE CONTENT ITEMS AND/OR THE FREEMII SERVICE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS AND CORRECTNESS OF THE FREEMII SERVICE AND THE CONTENT ITEMS RESTS WITH YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL FREEMII, ITS LICENSORS OR VENDORS BE LIABLE TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY FREEMII SERVICES OR THESE TERMS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, COSTS OF DELAY, OR BUSINESS INTERRUPTION, REGARDLESS OF THE NATURE OF THE CLAIM OR THE THEORY OF LEGAL LIABILITY, AND REGARDLESS OF WHETHER WE ARE AWARE OR HAVE BEEN NOTIFIED THAT SUCH DAMAGES MAY OCCUR. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FREEMII, ITS LICENSORS AND VENDORS, FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE FREEMII SERVICES AND/OR THESE TERMS, EXCEED THE SUM OF AMOUNTS ACTUALLY PAID BY YOU TO FREEMII FOR THE APPLICABLE PRODUCT, SERVICE OR CONTENT ITEM TO WHICH THE RELEVANT CLAIM RELATES. YOU ACKNOWLEGE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL TERMS BETWEEN FREEMII AND YOU RELATING TO OUR PROVISION OF SERVICES, AND FREEMII WOULD NOT AUTHORIZE YOU TO USE THE SERVICES WITHOUT SUCH DISCLAIMERS AND LIMITATIONS.

IDEMNIFICATION

You agree to indemnify and hold harmless Freemii, its licensors and vendors, and their respective officers, directors, employees and agents (each an “Indemnitee”), from and against any and all claims, liabilities, losses, expenses, damages and costs (including reasonable attorneys’ fees) that directly or indirectly arise, in whole or in part, in connection with (i) your use of any Freemii Service or otherwise in connection with any violation of these Terms by you or any End User; (ii) any claim brought against Freemii, or any other Indemnitee, by any End User; (iii) any violation of any rights of a third party by you or any End User; (iv) any violation of applicable law by you or any End User; or (v) information or content that you or any End User submit, post, transmit or make available through any Freemii Service.

NOTICES

You may notify us by mail at the address specified here or by phone at 1-866-4Freemii(4255338). Such notices will be considered effective once we receive them. If you are unable to resolve your concerns with Freemii, you may file a complaint with the Federal Communications Commission, Washington, DC 20554. Any notice we send you will be sent to your last-known residence or electronic address as shown on our records, or via electronic messaging to your Freemii mobile device.

EXPORT

You agree to comply with all trade regulations and export control laws, both domestic and foreign. Freemii equipment (e.g., phones and other mobile devices), software and any underlying information accessed or transferred by you using Freemii Services may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. § 2401, et seq.) and the Export Administration Regulations (50 C.F.R. § 730-774), as well as the import regulations of other countries. Except as authorized by Freemii and the U.S. export control laws, you agree not to export or re-export any Freemii devices, equipment or software to any foreign country. Any information transferred by you using Freemii Services to any foreign country, entity or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.

TERMINATION

These Terms will become effective and binding when you use the Freemii Services to which they apply, or when you indicate your agreement by following any instructions we provide (such as clicking buttons labeled “I Agree”), whichever first occurs. These Terms will remain in effect for so long as the Services to which the Terms apply are still in effect, unless sooner terminated. You may terminate these Terms and the Services to which they apply at any time by providing us notice, provided that certain charges may apply, and you acknowledge that certain funds having already been paid for your account may not be refundable. Please refer to Freemii.com/rates for applicable charges, if any. These Terms will terminate automatically and immediately if you or any End User fails to comply with your promises and obligations stated in these Terms. We reserve the right to terminate the Services and these Terms if we discontinue offering the Services, generally. Your access to the Services will terminate when these Terms are terminated. All representations and warranties you make to Freemii under these Terms, all remedies available to Freemii under these Terms, as well as, the provisions of these Terms with the following headings, will each survive the termination of these Terms: Exclusive Use of Devise With Freemii Services; Certain Restrictions on Use, Rules of Conduct, Safety and Security, Freemii Charges, Content Licensing (excluding the limited license grant from Freemii), Intellectual Property Rights, Service Coverage and Service, Quality, Equipment Refunds and Returns, Service and Refill Refunds, Account & Service Status, Lost or Stolen Equipment, Disclaimer of Warranty, Limitation of Liability, Indemnification, Notices, Export, Termination, Effect of Terms of Service.

EFFECT OF TERMS OF SERVICE

These Terms supersede all oral or written communications and understandings between you and Freemii with respect to our products and services to you, and the conditions under which they are offered and provided to you. If any part of these Terms is declared invalid or unenforceable, all other parts of these Terms are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of these Terms. Except as otherwise expressly stated above, no provision of these Terms provides any person or entity not a party to these Terms with any remedy, claim, liability, reimbursement or cause of action or creates any other third-party beneficiary rights. Any complaint, arbitration or other legal action concerning these Terms shall be interpreted under the laws of the State of Pennsylvania, excluding the choice of law rules, and shall be subject to the jurisdiction of the courts of Pennsylvania. Complaints, arbitration or other legal actions involving California consumers will be interpreted under the laws of the State of California, and will be subject to the jurisdiction of the courts of the California County in which the customer primarily uses Freemii services. The United Nations Convention on Contracts for the Sale of International Goods is disclaimed. These Terms, together with the Privacy Policy and any other terms expressly incorporated herein, constitute the entire agreement between you and Freemii regarding the subject matter herein.