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AirTalk Wireless Device Terms

(Applies to Devices Provided as Part of a New Customer Application)

These Device Terms (“Device Terms”) govern the provision, subsidy, management, and ownership of any wireless device supplied to you as part of your new customer application for AirTalk Wireless service (“Device”).

These Device Terms apply to the Device only and do not alter, limit, or supersede any rights or obligations in the general AirTalk Wireless Service Terms.

For rules governing service, billing, Lifeline eligibility, usage requirements, de-enrollment, porting, and general account terms, please refer to the AirTalk Wireless Terms & Conditions available at: https://airtalkwireless.com/terms-conditions

Nothing in these Device Terms limits or restricts your rights under the Lifeline program.

By accepting or using the Device, you agree to these Device Terms.

1. Device Subsidy and Pricing

AirTalk Wireless may provide certain Devices at no cost or at a reduced price as part of a new customer application. The amount you pay, if any, when selecting a Device with a service commitment is the “Commitment Price”. The Device’s standard retail value is the “No-Commitment Price.”

The difference between the No-Commitment Price and the Commitment Price constitutes a conditional device subsidy (“Device Subsidy”). The Device Subsidy is earned only if you satisfy the requirements described in these Device Terms.

2. Service Commitment and Ownership

To receive and retain a subsidized Device, you must maintain one hundred eighty (180) consecutive days of active AirTalk Wireless service that is not suspended, terminated, or discontinued.

Upon successful completion of the 180-day requirement, full ownership of the Device transfers to you, and any applicable device-management restrictions will be removed, subject to technical feasibility and applicable law.

Failure to meet the 180-day requirement affects only device ownership and subsidy status. It does not affect Lifeline eligibility or your right to port service.

3. Managed Devices (MDM-Enabled Devices)

Certain Devices are provided as “Managed Devices.” Managed Devices are disclosed during device selection.

Only Devices specifically identified as Managed Devices are subject to this Section.

3.1 MDM Administration

Mobile Device Management (“MDM”) is administered by AirTalk Wireless through its authorized MDM operator, HTH Communications, LLC (“HTH”). HTH administers device management solely under these Device Terms.

Device-management actions do not affect Lifeline eligibility, Lifeline non-usage status, de-enrollment procedures, or your federal right to port your telephone number.

3.2 MDM Capabilities

Managed Devices may include technical controls such as restrictions on factory reset or firmware modification, remote configuration of settings, remote lock or restriction capability, Lost Mode activation, and compliance-related device notices.

These controls may be applied in limited circumstances including loss, theft, fraud, misuse, or failure to satisfy the 180-day requirement, as permitted by law.

Where a Managed Device is subject to Default under Section 4, AirTalk Wireless or HTH may implement or maintain device-management actions, including remote lock, restriction, or other technical controls intended to secure or recover the Device.

Such controls are implemented solely to protect device functionality, safeguard customer data, and prevent unauthorized or fraudulent use.

3.3 Device Configuration and Network Use

During the 180-day service commitment period described in Section 2, Managed Devices is designed and configured specifically for use with AirTalk Wireless service as part of the device management controls applied under these Device Terms.

If a Managed Device is used in a manner inconsistent with these Device Terms, including use with a non-supported or unauthorized network during the applicable period, AirTalk Wireless or its authorized MDM operator (HTH Communications, LLC) may provide notifications or reminders to the Customer regarding proper use of the Device.

If the Customer does not take corrective action after receiving notice from AirTalk Wireless, device-management controls may be maintained or activated as permitted by applicable law, including restriction or lock of the Device.

3.4 No Access to Personal Content

MDM does not provide AirTalk Wireless or HTH access to personal content stored on the Device, including photos, messages, emails, call content, browsing history, or similar user data.

MDM operates at the configuration and device-security level only.

3.5 Emergency Calling

MDM restrictions will never block or interfere with the ability to place 911 emergency calls, subject to device capability and network availability.

3.6 Factory Reset and Unauthorized Modification

Factory reset, firmware modification, jailbreaking, rooting, or other attempts to bypass device-management controls do not remove device restrictions.

Unauthorized attempts to disable or interfere with device management may result in loss of device functionality, permanent restriction status, ineligibility for warranty or replacement programs, and other remedies permitted by law.

3.7 Removal of MDM

If you complete the 180-day requirement, device management controls will be automatically removed, subject to technical feasibility and applicable law. If you complete an eligible Buy-Out for a Managed Device, device management controls will be removed following Buy-Out, subject to technical feasibility and applicable law.

4. Default

A Default occurs if AirTalk Wireless service is canceled, suspended, or otherwise discontinued before completion of the 180-day requirement.

Default affects only the Device Subsidy and device ownership status. It does not affect Lifeline eligibility or your right to port service.

If the Device is a Managed Device, device-management controls may remain in place or be activated in accordance with Section 3, including managed wallpaper, notice, restriction or lock of the Device as permitted by applicable law.

5. Remedies Upon Default

In the event of Default, HTH Communications (on behalf of AirTalk Wireless) may exercise its rights to recover the Device or the unearned Device Subsidy. As a Customer, You may satisfy Your obligations through one of the following two options:

Option 1: Settlement of Device Balance (Ownership Purchase)

You may elect to purchase the Device and remove all management restrictions by paying the Remaining Device Subsidy. The amount due will be calculated based on the total Device Subsidy (the difference between the No-Commitment Price and the Commitment Price) and will be reduced proportionately (pro-rated) for each day of active service completed during the 180-day commitment period. Please contact our support team for assistance with this settlement at +1 206-445-7825.

Upon receipt of full payment, ownership of the Device shall transfer to you. For Managed Devices, applicable MDM restrictions will be removed within a reasonable period, subject to technical feasibility and applicable law.

Network Restrictions and Carrier Lock: Please be aware that your settlement payment covers ONLY the removal of MDM restrictions. It does NOT guarantee that the Device will work on other networks. The Device may remain "Carrier Locked" to the original network provider. AirTalk Wireless and HTH do not warrant that the Device will be compatible with any other carrier's SIM card or network technology. By paying this settlement, you understand and agree that the Device’s inability to function on another network is not a valid reason for a refund, credit, or payment dispute.

Payment Integrity and Consequences of Dispute: The transfer of ownership and the removal of MDM restrictions are strictly dependent upon the finality of your payment. If you initiate a payment dispute or chargeback with your bank or payment provider after the settlement, it will be considered a violation of these Device Terms. In such events, AirTalk Wireless and HTH reserve the right to blacklist the Device, disabling its ability to connect to any wireless network. By proceeding, you understand that a payment dispute voids your ownership claim and will result in the Device being rendered unusable on cellular networks.

Option 2: Device Return and Refund

If you do settle the Remaining Device Subsidy, you agree to return the Device to HTH Communications if requested. HTH Communications may take possession of the Device upon such return. All return shipping and label fees are the responsibility of the customer, unless otherwise required by law.

If the Device is not returned, cannot be recovered, or recovery is not reasonably practicable, HTH Communications may disable, restrict, or otherwise limit use of the Device as permitted by applicable law.

Upon receipt and inspection of the Device by HTH Communications, if You paid an initial amount under the “Commitment Price,” AirTalk Wireless, acting as billing agent, will issue a refund of the Commitment Price You paid, subject to verification that the Device is returned in working condition with only normal wear and tear. Refunds will be processed using the original payment method where possible.

To initiate a Device return & refund, You must contact AirTalk Wireless Customer Support at +1 (206) 445-7825, +1 (855) 924-7825, or [email protected].

6. Notices

AirTalk Wireless (on behalf of HTH) may contact You by SMS, email, phone, or other reasonable means regarding matters related to these Device Terms, including potential Default, device restriction, or return requirements.

7. Compliance With Law and Amendments

Device unlocking and management policies are subject to applicable federal and state law, including any final FCC handset unlocking requirements. AirTalk Wireless and HTH Communications may amend these Device Terms as necessary to comply with changes in applicable law or regulatory requirements.

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AirTalk Wireless is an Eligible Telecommunications Carrier (ETC) and offers Lifeline supported services through a federal benefit program which is non-transferable. Only eligible customers may enroll in Lifeline. Lifeline service is limited to one per household. Documentation providing identity and eligibility is necessary for enrollment. To view terms & conditions, visit https://airtalkwireless/terms-conditions. AirTalk Wireless service is not available in all states/areas and may vary by state. Coverage is not available everywhere. Customers who willfully make false statements in order to obtain the Lifeline benefit can be punished by fine, imprisonment, or can be barred from the program.

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