Proud to be a Nationwide Lifeline

1. Binding Agreement

A. Please read these terms carefully as these Terms and Conditions of Service (“Terms and Conditions of Service” or “Agreement”). These Terms and Conditions of Service are a legally binding agreement between you and Air Voice Wireless, LLC d/b/a AirTalk Wireless, a Texas limited liability company that maintains its principal place of business in Houston, Texas (hereinafter referred to as “AirTalk Wireless” or “we”). These Terms and Conditions of Service contain important information about your consumer rights. You must be of legal age in your state of residence in order to enter into this Agreement. Except where we've agreed otherwise elsewhere in this Agreement, this Agreement and any disputes covered by it are governed by federal law and the laws of the state encompassing the area code of your wireless phone number when you accepted this Agreement, without regard to the conflicts of laws and rules of that state.
B. This Agreement becomes effective once you do the earliest of any of the following actions (i) receive notice or a copy of the Terms and Conditions of Service; (ii) give AirTalk Wireless a written or electronic signature, or tell AirTalk Wireless orally that You accept; (iii) use an AirTalk Wireless device (“Device”) or AirTalk Wireless service (“Service”); (iv) enroll in the AirTalk Wireless Lifeline Program; (v) activate or continue Service; (vi) register Your account with AirTalk Wireless; (vii) make any addition or change to Your Service; or (viii) pay for Your Service or any Device. For assistance or more information, please contact AirTalk Wireless Customer Support at +1 (206) 445-7825 Or +1 (855) 924-7825. If you disagree with any item contained herein, please immediately discontinue use of the Services and contact AirTalk Wireless Customer Support at +1 (206) 445-7825 Or +1 (855) 924-7825 to terminate Service.
C. AirTalk 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 AirTalk Wireless website at www.airtalkwireless.com. Please check this website often for updates to the Terms and Conditions of Service.
D. AirTalk Wireless may from time to time make special promotional offers for services or devices, which may be subject to separate terms and conditions that are included in the offer and not specified in these Terms and Conditions of Service.

2. Lifeline Program

Lifeline is a monthly support program, funded by the Universal Service Fund and administered by the Universal Service Administrative Company (“USAC”), that reduces the cost of monthly wireless telephone service or residential home telephone service. Under applicable federal law, an eligible AirTalk 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 AirTalk Wireless receives in Federal Universal Service Support. An AirTalk Wireless customer who is enrolled in the Lifeline program is referred to below as a “Subscriber.”

Subscribers may qualify for the AirTalk Wireless Lifeline program if they participate in one of the government programs listed below or qualified based on household income eligibility standards as defined below. When completing the AirTalk Wireless application, subscriber acknowledges and consents to the use of Subscriber's Name, Telephone Number, Address, Date of Birth, Last Four Digits of the Subscriber's Social Security Number, amount of support being sought, means of qualification for support and dates of service initiation and termination to be given to USAC 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 consumer is not eligible for Lifeline service. Subscriber grants authorization to AirTalk 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. If the Subscriber or any member of the Subscriber's family participates in a Lifeline program from another provider, the Subscriber is responsible for notifying the other provider that they have been approved for the AirTalk Wireless Lifeline program and request their service with the other provider be disconnected. Notice to terminate service from any other provider's Lifeline program must be given if activating new service in the AirTalk Wireless Lifeline program.

AirTalk Wireless subscribers may qualify for a Lifeline service offering if the subscriber meets certain State and Federal eligibility requirements. These requirements are determined by the state where the subscriber resides. These State and Federal eligibility requirements are also based on either program-based eligibility or income-based eligibility. AirTalk Wireless will determine at its sole discretion whether or not an applicant meets the eligibility requirements to participate in the AirTalk Wireless Lifeline program .

A. Program Based Eligibility

Program based eligibility varies by state. AirTalk Wireless Subscribers are eligible to receive Lifeline discounts, under the program-based eligibility, if they participate in one or more of the following programs and the state participates in that program:

Food Stamps / Supplemental Nutrition Assistant Program (SNAP)
Medicaid
Supplemental Security Income (SSI)
Federal Public Housing Assistance (Section 8)
Veterans and Survivors Pension Benefit
Bureau of Indian Affairs General Assistance (BIA)
Tribal Temporary Assistance for Needy Families (Tribal TANF)
Tribal Head Start
Head Start (only those households meeting its income qualifying standard)
Food Distribution Program in Indian Reservation (FDPIR)
FEMA’s Individuals and Households Program (IHP) because of Hurricane Helene, Tropical Storm Helene, and Post-Tropical Cyclone Helene (collectively, the Helene Weather Events). Affected consumers who participate in IHP will be able to enroll in Lifeline through April 2, 2025.

The list of programs for program-based eligibility may change from time to time in accordance with changes in state or federal law. Please consult the latest version of AirTalk Wireless’s Lifeline application form for the most recent list of programs.

B. Income Based Eligibility

Income based eligibility varies by state. Some states do not offer income-based eligibility for Lifeline. AirTalk Wireless subscribers are eligible to receive Lifeline, under the income-based eligibility, if subscriber's household income meets or is less than 135% of the Federal Poverty Guidelines for a household of the subscriber's size. Proof of income documentation may be provided to National Verifier to demonstrate income-based eligibility

Last 3 months consecutive paystubs
Last year income tax return form (Federal, State, or Tribal tax return)
Last year W2 form
Letter from the SSA stating the benefits customer receives per month. Letter cannot be older than 12 months
IRS Form
Veterans Administration Statement of Benefits
Retirement/Pension Statement of Benefits
Unemployment/Workers' Compensation Statement of Benefits
Divorce Decree
Child Support Award Letter
Letter from Employer verifying income
Any other official documents with income information

The income-based eligibility criteria may change from time to time in accordance with changes in state or federal law. Please consult the latest version of AirTalk Wireless’s Lifeline application form for the most recent list of income-based criteria.

C. Lifeline Program Rules

Subscribers applying for Service in AirTalk Wireless Lifeline program agree to, and declare under penalty and perjury, that all of the following conditions below apply:

Subscriber meets the income-based or program-based eligibility criteria for receiving Lifeline service and have provided documentation of eligibility if required.
Subscriber does not participate in any other Lifeline program.
If Subscriber participates in another Lifeline program at the time applying for AirTalk Wireless Lifeline service, the Subscriber agrees to cancel Lifeline service with any other provider.
Subscriber agrees to immediately, and no later than within 30 days, notify AirTalk Wireless of any address change.
Subscriber meets the head-of-household requirement and is not claimed as a dependent on another person's tax returns (unless over the age of 60).
Subscriber will immediately, and no later than within 30 days, notify AirTalk Wireless if they no longer participate in at least one of the state or federal programs required to receive Lifeline discounts or no longer satisfy the criteria for receiving the Lifeline discount.
Subscriber acknowledges that providing false or fraudulent information to receive Lifeline benefits is punishable by law.
Subscriber may be required to re-certify continued eligibility for Lifeline at any time, and failure to re-certify as to subscriber's continued eligibility within 30 days will result in de-enrollment and the termination of the subscriber's Lifeline benefits.

By applying for AirTalk Wireless’s Lifeline program, Subscriber authorizes representatives of any state or federal assistance program to discuss or provide documentation needed to verify Lifeline participation eligibility requested by AirTalk Wireless.

D. Lifeline Plan

Please visit AirTalk Wireless’s Plans webpage for details and up-to-date information on Lifeline plan offerings. https://airtalkwireless.com/plans.

E. Customer Support

AirTalk Wireless customer support can be reached at +1 (206) 445-7825 Or +1 (855) 924-7825, or by visiting our website at https://airtalkwireless.com/help-center AirTalk Wireless may require subscribers to call the customer support from another phone if necessary to resolve technical issues related to the handset or its programming. Although AirTalk Wireless does not charge for its customer support line, your carrier for your other phone may charge for the airtime.

F. Upgrades

Existing customers on a Lifeline Plan who choose to upgrade to another plan will adhere to the following terms:

Immediate Activation: Your new Lifeline plan will be activated immediately upon selection.
Deactivation of Old Plan: Your current Lifeline plan will be deactivated and cannot be reinstated.
No Refunds: No refunds will be issued for any unused portion of the old Lifeline plan.

G. Complaints/Disputes.

Unresolved questions or complaints regarding Lifeline service may be directed to the following state offices or agencies:

California: CPUC Consumer Affairs Branch, California Public Utilities Commission, 505 Van Ness Avenue, San Francisco, CA 94102; telephone: 1-800-649-7570, online at: www.cpuc.ca.gov/cab.

Colorado: Colorado Public Utilities Commission, Consumer Affairs, 1560Broadway, Suite 250, Denver Colorado 80202, Phone 303-894-2070 or 800-456-0858, FAX 303-894-2432, email PUC [email protected].

Georgia: Georgia Public Service Commission’s Consumer Affairs Unit at 404-656-4501.

Pennsylvania: Pennsylvania Public Utility Commission, Bureau of Consumer Services P.O. Box3265, Harrisburg, PA 17105-3265 or call 1-800-692-7380 or online at www.puc.pa.gov.

Washington: Washington State Office of Attorney General, Consumer Protection Division at 1(800) 551-4636

Puerto Rico: Pursuant to Act 296-1996 and Act 33-1985, customers have the right to present a claim or objection over all or part of an invoice; customers have a term of up to twenty (20) days after receiving the invoice. First, customers have to claim or object to AirTalk by calling 611 or +1 (206) 445-7825 Or +1 (855) 924-7825 or in writing at https://airtalkwireless.com/contact. Also, by visiting the website. If the payment is not made within the 20-day term, the Company may suspend, discount, and cancel the service or services. The objection to a charge does not exempt from the payment of the charges objected. If you are not in agreement with the result of a claim, you may request the revision from the Puerto Rico Telecommunications Board (NET) within thirty (30) calendar days from the notification or the result of the claim; by calling 1 (866) 578-5500/787-722-8606/787-756-0804. Also, by sending an email to: [email protected] or you may send a letter to: Complaints Division of NET, 500 Ave. Roberto H. Todd (Pda. 18, Santurce), San Juan, PR 00907-3941 or by personally visiting the NET offices located at 500 Ave. Roberto H. Todd, Pda. 18, Santurce. For unresolved questions or complaints and to seek revision of any adverse decision, contact NET using the information above.

3. AirTalk Wireless Terms of Service

A. Service Activation; Phone Numbers; BYOD.

Upon enrollment with AirTalk Wireless, you may have the option of using your own phone (Bring Your Own Device or “BYOD”) or purchasing a AirTalk Wireless Phone. Subscribers who successfully submit an AirTalk Wireless application for the Lifeline program will receive a free SIM card, and the number assigned to your AirTalk Wireless Phone at the time of activation will not be changed, unless required by a Carrier or if it is otherwise lost, following deactivation. AirTalk Wireless Service can only be activated where AirTalk Wireless Service is offered and supported by AirTalk Wireless, and is provided at AirTalk Wireless’s discretion. Some functions, including potentially e911 services, and features referenced in the manufacturer’s manual provided with your AirTalk Wireless Phone may not be available. AirTalk Wireless may modify or cancel any AirTalk Wireless Service, or take corrective action at any time, without prior notice and for any reason, including, but not limited to, your violation of this Agreement. Further, we may remotely change your Phone’s software, applications, or programming, without notice. This could affect your stored data, device’s programming or how you may be able to use the Phone. Eligible first-time Lifeline Subscribers may qualify for a wireless phone provided by AirTalk Wireless at no charge, subject to availability.

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

In some situations, a subscriber may transfer an existing carrier telephone number to their AirTalk Wireless service for use as an AirTalk Wireless phone number. To switch an existing phone number to AirTalk Wireless, please contact AirTalk Wireless' Customer Service at +1 (206) 445-7825 Or +1 (855) 924-7825. Before calling, please have a bill available from the existing carrier. When a Subscriber transfers from another wireless carrier to AirTalk Wireless, the Subscriber may have to pay a termination fee to the former carrier to early terminate the contract. AirTalk Wireless will not reimburse a subscriber for any termination fees imposed by other carriers.
If you submit a Port-In request to use your own number during the enrollment process:

Once your application is approved, the Port-In request will be processed during order fulfillment.
Your phone number will be activated, causing service disconnection from your previous provider.
You may experience service interruption on your phone number until your AirTalk order arrives.

To avoid service interruption, submit your Port-In request after receiving your AirTalk order with a new AirTalk phone number.
Important Reminders:

Your current number must remain active with your previous provider until the Port-In is completed and activated with AirTalk.

If your Port-In request fails during order fulfillment:

Your AirTalk order will be processed with a new phone number.
You will receive an email/SMS notification to resolve the Port-In issue
By proceeding with a Port-In request during enrollment, you acknowledge and accept these conditions.

We do not guarantee that number transfers to or from us will be successful. If you authorize another carrier to transfer a number away from us, then that is considered a request by you to us to terminate all the Services associated with that number.

AirTalk Wireless affords Subscribers the option to use their own mobile phone or device, as long as it is compatible with AirTalk Wireless's Lifeline service and network, under its Bring Your Own Device (“BYOD”) Program.

If you are activating your own phone under the BYOD, you are responsible for ensuring that the phone is unlocked, is compatible with the AirTalk Wireless Lifeline Service, does not interfere with the AirTalk Wireless Service, and complies with all applicable laws, rules and regulations. You are also responsible for ensuring that your phone meets all federal laws and standards. You are further responsible for the purchase and maintenance of any additional hardware and/or software required to use the Service. Not all aspects of the AirTalk Wireless Service may function on all phones not provided by AirTalk Wireless, including those activated under BYOD. Additionally, some functions and features available on other carrier networks or referenced in the manufacturer's manual provided with your phone may not be available when using the AirTalk Wireless Service. Please consult additional terms for BYOD at https://airtalkwireless.com/products/byod.

For all free wireless handsets subsidized by AirTalk Wireless, we make every effort to fulfill your order and ship the device make and model you selected during the application process. Occasionally, a Device may become unavailable after you have submitted your order. In that case, we reserve the right to select an alternate phone (a different make and model than the one you selected) of equal or greater value as determined by AirTalk Wireless.

B. Network and Availability; Roaming.

The telecommunications networks used to transmit calls for the AirTalk Wireless Service are owned and operated by various licensed commercial mobile radio service providers ("Carriers"), not AirTalk Wireless. AirTalk Wireless provides mobile telecommunications services using the mobile wireless network of its underlying Carrier(s). AirTalk Wireless does not guarantee coverage availability in all areas. Local phone numbers may not be available in all areas.

In order to verify if you reside within a service area, please visit https://airtalkwireless.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. AirTalk Wireless does not guarantee coverage or network availability.

AirTalk 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 AirTalk Wireless control, including atmospheric, geographical, or topographical conditions. Service may also be affected by damage to wireless handsets. AirTalk 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.

Roaming occurs when a subscriber of one wireless service provider uses the facilities of another wireless service provider. Roaming most often occurs when you make and receive calls outside of the network coverage area of your service provider. When your AirTalk Wireless Device is roaming within the United States, an indicator light on your Device may display the word "Roam", or "RM", while the Device is not in use.

Domestic Roaming. There are no additional charges for roaming. However, availability, quality of coverage, and Lifeline Services while roaming are not guaranteed. In addition, you still must use your Device predominantly within AirTalk’s service area. Thus, AirTalk Wireless may suspend, limit or cancel your continued use of other carriers’ networks if you exceed the following thresholds while roaming:

Voice: If you use more than 750 minutes during any month.
Data: If you use more than 100 megabytes of data during any month.
Texts: If you use more than 3,000 text messages during any month

If you continue to go over 100MB of roaming data use, you may lose data access until your next bill period starts. This restriction won't affect talk, text, or Wi-Fi access; and it will not affect on-net data usage. We'll send you a text to let you know your line is being restricted. International roaming is not currently available for Lifeline customers.

International Roaming. International roaming is not currently available but may be made available in the future as an add-on service subject to additional rates, terms, and conditions. Please visit https://airtalkwireless.com/plans for additional details when international roaming becomes available.

C. Devices

AirTalk Wireless Devices are provided as part of our Service plans and are locked to operate exclusively on the AirTalk Wireless network.

Unlocking Policy: AirTalk Wireless does not provide unlocking services for any Devices obtained through our Service. Customers agree that Devices provided are intended solely for use with AirTalk Wireless services and cannot be used with any other carrier.
Network Restriction: Attempts to unlock or alter the device’s network settings may result in permanent damage to the device and void any warranties.

We guarantee that Devices provided will function as intended exclusively with AirTalk Wireless services within the limited warranty period.

No Guarantee for Other Networks: AirTalk Wireless does not warrant or guarantee Device functionality, compatibility, or performance on any other network, even if the device is unlocked by a third party.

The AirTalk Wireless Device is provided exclusively for use by you, the end consumer, with the AirTalk Wireless Service available solely in the United States and under service plans available under these Terms and Conditions. Any other use of your AirTalk Wireless Device, including, but not limited to, resale, unlocking, and/or re-flashing of the phone, is unauthorized and constitutes a violation of your agreement with AirTalk Wireless. You agree not to engage in any other unauthorized or illegal use of your AirTalk Wireless Device or the Service or assist others in such acts; or to sell and/or export AirTalk Wireless Devices outside of the United States. These acts violate AirTalk Wireless's rights and state and federal laws. Improper, illegal, or unauthorized use of your AirTalk Wireless Device is a violation of this agreement and may result in immediate discontinuance of services and legal action against you. AirTalk Wireless will prosecute violators fully of the law.

Some AirTalk Wireless Devices have SIM cards. If your AirTalk Wireless Device has a SIM card, then you agree to safeguard your SIM card and not to allow any unauthorized person to use your SIM card. You agree not to allow any other person to, directly or indirectly alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the encryption mechanisms of, your SIM card.

Subscribers are allowed to install their AirTalk Wireless SIM card or eSIM in any compatible, unlocked phone. To ensure the functionality of all services, it is essential to apply the correct APN settings on the new device. Failure to use a compatible, unlocked phone or configure the correct APN settings may result in service interruptions.

The Carriers, AirTalk Wireless, or its service providers, may, from time to time, remotely update or change the encoded information on your SIM card. Your AirTalk Wireless Device is restricted from operating when you are located anywhere outside of the United States, including offshore or in international waters. In the event of suspension for this or any other unauthorized usage, you will not be entitled to receive any refunds for unused airtime.

D. Additional Terms for Free or Discounted Devices

During the online enrollment process, Subscribers that select a free or discounted Device subsidized by AirTalk Wireless also agree to the following terms:

Subscriber agrees to commit to being a Subscriber of AirTalk Wireless’s Service for at least 180 consecutive days. If at any time during this 180-day period Subscriber terminates Service, for any reason, Subscriber will be responsible for the full, undiscounted cost of the Device received. The undiscounted cost of the Device is identified next to the statement “No commitment” during the enrollment process.
Subscriber agrees that if Subscriber’s Lifeline Service is transferred from AirTalk Wireless to another provider before the end of the 180-day period, AirTalk Wireless may contact Subscriber via SMS and/or email to confirm that Subscriber requested the transfer before the expiration of the 180-day period.
Subscriber agrees that if Subscribers transfers to another provider within the 180-day period and not transfer back to AirTalk Wireless by the end of the month in which the first transfer occurred, Subscriber will be responsible for the full, undiscounted cost of the Device received, reduced on a pro-rated basis by the number of months during which Subscriber subscribed to AirTalk Service within the 180-day period. By way of example, if Subscriber transfers Service after 3 months and does not transfer back within the same month, Subscriber will be responsible for half of the full, undiscounted cost of the Device received.

E. Permitted Use

AirTalk Wireless Service is for personal use only and may not be used in a manner that interferes with another AirTalk Wireless customer's use of service. AirTalk Wireless services are provided solely for live dialogue between two individuals. AirTalk Wireless services may not be used for any type of monitoring services, any data transmissions, or other non-personal related connections that do not consist of uninterrupted live dialogue between two individuals.

AirTalk Wireless has determined that its ability to provide good service to its customers may be impaired when customers place abnormally high number of calls, sends, or receive unusually high number of messages, or repeatedly place calls of unusually long duration, relative to typical usage by other AirTalk Wireless customers on similar service plans. Such non-typical usage suggests that a wireless phone is being used for other than personal use and is in violation of these Terms and Conditions of Service.

By applying or activating or using service with AirTalk Wireless, you agree not to use AirTalk Wireless Services in any way that is illegal, abusive, or fraudulent. This will be determined by AirTalk Wireless in its sole discretion. You may also not alter any of the software or hardware on your AirTalk Wireless handset for any purpose. AirTalk Wireless phones may not be sold to third parties.

An AirTalk Wireless customer account may be terminated, without notice, if a customer's usage is determined to be used in violation of the Terms and Conditions of Service for non-personal use, pager service, voicemail retrieval service, or other uses deemed inappropriate.

F. 911 Service

Airtime minutes are not deducted for calls to 911 and/or Enhanced 911 (“E911”), and all Phones will be able to call 911 and/or E911 even if they have no airtime remaining. 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. If there is no wireless coverage, your call to 911 may not go though and you should dial 911 from the nearest landline phone. You should therefore never solely rely on your wireless phone for emergency calls.

G. Voice Calls

Airtime charges apply to standard voice usage calls for both local, domestic long-distance calls, and international services that are subject to additional Terms and Conditions. AirTalk Wireless voice usage is deducted in full-minute increments and all partial minutes are rounded up to the next minute. Airtime 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 (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 AirTalk Wireless Lifeline program. An AirTalk Wireless customer must have airtime minutes available to make or receive a call. AirTalk Wireless handsets will only make or receive calls when you have airtime minutes available on your wireless account. If you run out of your allotment of airtime, you may purchase and add additional airtime to your account.

AirTalk Wireless Calling Features include Caller ID, Call Waiting, Three-Way Calling, Call Forwarding, and Voicemail. Caller ID may display both your billing name and your wireless number when placing outbound calls. AirTalk Wireless does not have the ability to block your name and number when making outbound calls.

International calling is not allowed on any AirTalk Wireless Plan unless you have purchased or enrolled in an international calling plan subject to additional Terms and Conditions.

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. AirTalk Wireless reserves the right to assess 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 AirTalk Subscribers. AirTalk Wireless will block any calls to 900, 976, some international calling, or other pay-per-call services. However, if any charges are received by AirTalk Wireless from the underlining carrier for these types of calls, these charges will be passed through to the Subscriber 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. AirTalk Wireless allows subscribers to make or receive domestic long-distance calls inside the domestic USA if coverage is available and for other services provided in these Terms and Conditions of Service. AirTalk Wireless Subscriber handsets do not provide rate information for services used to make or receive voice calls or messages.

Voice minutes are not deducted for calls to 911, *611, 988, or AirTalk Wireless Customer Support. All phones will be able to call 911, even if they have no minutes remaining. AirTalk Wireless may require the customer to call the toll-free customer care number from another phone if necessary to resolve technical issues related to the handset or its programming.

Please contact AirTalk Wireless Customer Service at +1 (206) 445-7825 Or +1 (855) 924-7825, or visit our website at https://airtalkwireless.com, for additional pricing information or answers to any questions about AirTalk Wireless.

H. Data Service

Our data Services and your Device may allow you to access the Internet, text, pictures, video, games, graphics, music, email, applications, sound and other materials (“Data Content”) or send Data Content elsewhere. Some Data Content is available from our vendors, or us while other Data Content can be accessed from others (for example, third party websites, games, ringers, applications, etc.).

AirTalk Wireless makes no guarantees about the Data Content that you access on your Device. Data Content may be: (1) unsuitable for children/minors; (2) unreliable or inaccurate; or (3) offensive, indecent, or objectionable. You are solely responsible for evaluating the Data Content accessed by you or anyone through your Services. We strongly recommend that you monitor your data usage by children/minors. Data Content from third parties may also harm your Device or its software. We are not responsible for any Data Content. We are not responsible for any damage caused by any Data Content that you access through your Services, that you load on your Device, or that you request that our representatives' access or load on your Device. To protect our networks and Services or for other reasons, we may place restrictions on accessing certain Data Content (such as certain websites, applications, etc.); impose separate charges; limit throughput or the amount of data that you can transfer; or otherwise limit or terminate Services. If we provide you storage for Data Content that you have purchased, then we may delete the Data Content without notice or place restrictions/limits on the use of storage areas. Data Content stored on a Device, transmitted over our networks, or stored by AirTalk Wireless may be deleted modified, or damaged. You may not be able to make or receive voice calls while using data Services. Data Content provided by our vendors or third parties is subject to cancellation or termination at any time without notice to you and you may not receive a refund for any unused portion of the Data Content.

In addition to the rules for using all of our other Services, unless we identify the Service or Device that you have selected as specifically intended for that purpose (for example, wireless routers, Data Link, etc.), you may not use our data Services: (1) with server devices or host computer applications, or other systems that drive continuous, heavy traffic or data sessions; (2) as a substitute or backup for private lines or frame relay connections; or (3) for any other unintended use as we determine in our sole discretion. We reserve the right to limit, suspend, or constrain any heavy, continuous data usage that adversely impacts our networks' performance or hinders access to our networks. If your Services include Web or data access, you also can't use your Device as a modem for computers or other equipment, unless we identify the Service or Device you have selected as specifically intended for that purpose (for example, with “phone as modem” plans, broadband internet access service, mobile broadband card plans, wireless router plans, etc.).

If you use all your monthly data before a new monthly cycle starts and you add an Additional Data Offering Plan to your account, you will be charged based off the Data Offering Plan you choose for data. Subscribers may add an Additional Data Offering Plan or service to their AirTalk Wireless account online or over the phone to your account by paying by credit/debit card. AirTalk Wireless Additional Data Offering Plans come in various increments. Sales taxes may apply and maybe added to the minute plan purchased. All data plans offered by AirTalk Wireless include a limit (CAP) on the amount of data a subscriber can use. Purchased Data Plans cannot be transferred or applied to any other wireless service or account.

I. Text Messaging

With your AirTalk Wireless Lifeline Service, you will receive a free unlimited allotment of Short Message Service (“SMS”) to send and/or open text messages. An AirTalk Wireless customer can send and receive text messages of up to 160 characters. This text message includes the address and subject line. The type of messages a device can receive will depend on the wireless handset capabilities. AirTalk Wireless text messaging may not be used for certain unauthorized uses that adversely impact our service. Examples of unauthorized uses include, without limitation, the automated text or picture messaging to another mobile device or e-mail address; or messaging for commercial purposes. A customer engaged in any unauthorized use of AirTalk Wireless Service may have his/her Service terminated, without prior notice.

AirTalk Wireless plans do not include international text messaging services unless explicitly stated in the plan details. Subscribers will be unable to send international text messages using our service.Premium SMS is a text message to a designated “short code.” Buying or attempting to buy SMS services from anyone other than AirTalk 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. AirTalk 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 AirTalk 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 of whether you incur charges as deductions from your AirTalk Wireless minutes.

Subscribers receiving unwanted text messages (“spam”) should contact the source and request to unsubscribe or remove the Subscriber's wireless phone number from the service. If an AirTalk Wireless Subscriber intentionally sends spam from an AirTalk Wireless handset, the subscriber may be terminated without notice. Contact AirTalk Wireless Customer Service at toll free +1 (206) 445-7825 Or +1 (855) 924-7825 if additional help or information is required.

Multimedia Messaging Service (MMS) availability and functionality are limited and subject to the Subscriber’s specific plan and monthly allowance.

Plan-Based Availability: MMS capabilities, including sending and receiving picture or video messages, may vary based on the selected Service plan. Customers should refer to their plan details for MMS limits or restrictions.
Service Limitations: MMS services may also be affected by network congestion, geographic location, or other factors beyond our control.

J. Taxes and Surcharges

AirTalk Wireless charges state and local sales taxes, regulatory fees, and other applicable surcharges. Pricing listed on the AirTalk 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 AirTalk Wireless service regardless of if 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. AirTalk Wireless may charge and collect sales taxes and regulatory fees on all Additional Minutes or Data Offering Plans in each state. Third party authorized retailers who sell AirTalk Wireless Additional Minutes or Data Offering Plans 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.

K. Bundling

Bundle offer is a promotional offer and is not eligible for an itemized refund.

4. AirTalk Wireless Refunds, Returns, or Lost Equipment Policy

A. Refunds

AirTalk Wireless is not responsible for, nor will we refund any lost, stolen, misused, or damaged AirTalk Wireless Devices. AirTalk Wireless does not accept returns or provide refunds unless AirTalk Wireless determines in its sole and absolute discretion that it did not provide the Service. All purchases of AirTalk Wireless Additional Minutes or Data Offering Plans 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 Device is used with the Subscriber's consent or knowledge. Monthly charges are non-refundable.

B. Returns

Devices purchased directly from or received from AirTalk Wireless may be returned for a full refund within 15 days of receipt. A Subscriber must return the complete Device as received at the time of activation. For instructions, please contact AirTalk Wireless' Customer Service at +1 (206) 445-7825 Or +1 (855) 924-7825. AirTalk Wireless provides new and used wireless handsets to Subscribers. All handset models provided to Lifeline Subscribers are selected at the sole discretion of AirTalk Wireless. Handset models may vary. AirTalk Wireless reserves the right to replace handsets with various models at its sole discretion.

C. Lost or Stolen Devices

If an AirTalk Wireless subscriber loses or has their handset stolen, the subscriber is responsible for all charges incurred until AirTalk Wireless is notified of the loss or theft. To report a lost or stolen wireless phone, please contact AirTalk Wireless Customer Service at (206) 445-7825 or (855) 924-7825.

Subscribers can request to temporarily suspend the phone line while waiting for a new SIM or device replacement. If the lost device or SIM is found, it is important for the subscriber to request the removal of the phone line suspension to resume service.

To avoid Service termination and loss of the AirTalk Wireless phone number due to non-usage, please refer to Section 5.B below. Subscribers can continue using the service by purchasing an upgraded or standard replacement device, or obtaining a SIM/eSIM to use with their own compatible unlocked device via the user portal or by contacting Customer Support.

5. Termination Service

A. Annual Re-Enrollment

As an AirTalk Wireless Subscriber, you are eligible to receive AirTalk Wireless Lifeline Service for up to one (1) year upon your enrollment and using the device in the AirTalk Wireless Lifeline Program, and you are eligible to receive up to one additional year following each successful Annual Recertification for your continued program eligibility in the AirTalk Lifeline Program based on your continued eligibility to participate in the program and your continued usage of the AirTalk Wireless Lifeline Service.

B. Termination for Non-Usage

If you do not use your Lifeline Service for a period of 30 consecutive days, you will receive notice with a fifteen (15) day grace period to correct the non-usage. If you do not respond to the notice, you will be de-enrolled, and deactivation of Lifeline Service will occur, regardless of the service end date. If it is found that you no longer meet the requirements or eligibility guidelines to receive AirTalk Wireless Lifeline Service you will be de-enrolled, and deactivation of AirTalk Wireless Lifeline Service will occur. Upon de-enrollment from the AirTalk Wireless Lifeline Service, you will cease receiving the discounted or free monthly allotment of airtime or data.

If you exceed 45 days without any usage, you will be de-enrolled from the AirTalk Wireless Lifeline Service. Any of these activities, if undertaken by the Subscriber, will establish “usage” of the AirTalk Wireless Lifeline Service: (i) Completion of an outbound call; (ii) Purchase of Data from AirTalk Wireless to add to the subscriber's service plan; (iii) Answering an incoming call from a party other than the AirTalk Wireless or AirTalk Wireless 's agents or representatives; (iv) Responding to direct contact from AirTalk Wireless and confirming that you want to continue receiving the AirTalk Wireless Lifeline service; or (v) Sending a text message; or (vi) Using data.

AirTalk Wireless's provision of Service begins on the 1st calendar day of each month. If, at any time during a calendar month, an AirTalk Wireless customer terminates his/her Service, the customer Service will be cancelled in accordance with AirTalk Wireless's policies and procedures.

C. Termination for Impermissible Use

You agree not to give away, resell, or offer to resell the AirTalk Wireless Device or service provided by the AirTalk Wireless Lifeline program. You also agree your AirTalk Wireless Device will not be used for any purpose that is not allowed by this agreement or that is illegal. AirTalk Wireless can, without notice, limit, suspend, or end your service and de-enroll you from the AirTalk Wireless Lifeline program for violating this provision or for any other good cause, including, but not limited to, if you:

(a) violate any of the Terms and Conditions of Service;
(b) lie to any representative of AirTalk Wireless or attempt to defraud any representative of AirTalk Wireless;
(c) allow anyone to tamper with your AirTalk Wireless Device;
(d) threaten or commit violence against any representative of AirTalk Wireless, any of our employees, or Customer Support Representatives;
(e) use vulgar and/or inappropriate language when interacting with AirTalk Wireless representatives;
(f) steal from AirTalk Wireless;
(g) harass AirTalk Wireless representatives;
(h) interfere with AirTalk Wireless operations;
(i) engage in abusive messaging, emailing, or calling;
(j) modify your device from its manufacturer's specification;
(k) use the service in a way that adversely affects our network or the service available to AirTalk Wireless's other customers;
(l) engage in spamming, traffic pumping, or any fraudulent activity;
(m) misuse the service for stolen identity purposes;
(n) continue to use the service when you are no longer eligible for the Lifeline benefit.

We reserve the right to, without notice, limit, suspend, or end your service for any other operational or governmental reason. In addition to permanently terminating your service, criminal offenses (i.e., selling or giving away your service; threatening violence, etc.) will be reported to the appropriate legal authorities for prosecution.

6. Limitation of Liability

AirTalk Wireless will not be liable to you 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. AirTalk Wireless will not be liable for any act or omission of any other company furnishing a part of our Services, or our Devices or for any damages that result from any Service or Device provided by or manufactured by affiliated or non-affiliated third parties. AirTalk Wireless is not responsible, at any time, and shall not be liable to you or anyone else for any personal information such as user names, 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 AirTalk Wireless. Unless prohibited by law, you agree to limit claims for damages or other monetary relief against each other to direct and actual damages. AirTalk Wireless assumes no risk or responsibility for a Subscriber's use of any content provided by AirTalk Wireless Services. There is no fiduciary duty that exists between you and AirTalk Wireless or its affiliates. You also agree that AirTalk Wireless will not be liable for any missed voice mails, any messages from your voicemail system, any data content, or any storage or deletion of contacts from a handset address book provided by AirTalk Wireless.

7. Use of AirTalk Wireless Customer Information

By agreeing to Terms and Conditions of Service herein, you also agree to the terms of AirTalk Wireless Privacy Policy available online at https://airtalkwireless.com/privacy-policy. 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 AirTalk 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. No CPNI will be shared with third parties/affiliates for marketing/promotional purposes.

8. Express Consent to Receive Communications

By agreeing to these Terms and Conditions of Service, you expressly consent to and authorize AirTalk Wireless and its affiliates, agents, and its third-party representatives to use written, electronic or verbal means to contact you for any reason, including regarding information about your Service, Device, Service reminders, payment reminders, payment confirmations, renewal confirmations, requisite notices and marketing of any kind, including offers, solicitations, and promotions. This consent includes, but is not limited to, contact by manual calling methods, prerecorded or artificial voice messages, text messages, push notifications, emails, and/or automatic telephone dialing systems. You agree that AirTalk Wireless and its affiliates, agents, and its third-party representatives may, now or in the future, use any email address or the telephone number that you are assigned for your AirTalk Wireless Service, to contact you for any reason, regardless of whether you incur charges as a result. You further agree that AirTalk Wireless may contact you via email or text at ANY TIME.
Subject to your right to opt out as set forth below, this consent may not be revoked. You have the right to opt out from receiving marketing communications from AirTalk Wireless at any time. You may exercise this right to opt out by unsubscribing from email or SMS marketing through available set mechanisms, or calling +1 (206) 445-7825 Or +1 (855) 924-7825.

9. Limitations of Service and Use of Devices

Service is subject to transmission limitations caused by certain equipment and compatibility issues, atmospheric, topographical, and other conditions. Further, Services may be temporarily refused, limited, interrupted, or curtailed due to system capacity limitations, technology migration, or limitations imposed by AirTalk Wireless or the Carriers, or because of equipment modifications, upgrades, repairs, relocations, or other similar activities necessary or proper for the operation or improvement of AirTalk Wireless or the Carriers's radio telephone system. At any time, AirTalk Wireless reserves the right to substitute and/or replace any AirTalk Wireless equipment (including Mobile Devices) with other AirTalk Wireless equipment (including Mobile Devices) of comparable quality. Some functions and features referenced in the manufacturer's manual for a particular AirTalk Wireless Mobile Device may not be available on your phone. AirTalk Wireless does not warrant or guarantee availability of network or of any services at any specific time or geographic location or that the services will be provided without interruption. AirTalk Wireless does not guarantee access to 911 services where there is not or limited wireless coverage, a subscriber's 911 call may not go through; subscribers should dial 911 from the nearest landline phone. Neither AirTalk Wireless, nor any carrier, shall have any liability for service failures, outages, or limitations of service. Because of the risk of being struck by lightning, you should not use your AirTalk Wireless Mobile Device outside during a lightning storm. You should also unplug the AirTalk Wireless Mobile Device power cord and charger to avoid electrical shock and/or fire during a lightning storm. In the event AirTalk Wireless determines that it is necessary to interrupt the Services for any reason or there is the potential for a Services interruption due to system maintenance, AirTalk Wireless will use reasonable efforts to notify you prior to the performance of such maintenance and will attempt to schedule such maintenance during non-peak hours.

10. Law Enforcement

AirTalk Wireless intends to fully comply with the Communications Assistance for Law Enforcement Act and other similar laws or regulations. By use of the Services, you agree that, if and as required by law enforcement entities, AirTalk Wireless may monitor or facilitate monitoring, and otherwise disclose the nature and content of communications transmitted through the Services or the Mobile Device without any further notice or liability.

11. Indemnification

To the full extent by law, you agree to hold harmless and indemnify AirTalk Wireless 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 AirTalk Wireless Devices and services, or another person whom you authorize or not to use your Devices 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 AirTalk Wireless.
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.

12. Disclaimer of Warranties

EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THESE TERMS AND CONDITIONS OF SERVICE, AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND DEVICES ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE. WE CANNOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE; IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO INTERCEPT YOUR COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR.

13. Notices

You may send notices to AirTalk Wireless by mail, 9920 Brooklet Drive, Houston, TX 77099. Notices will be considered effective after received by AirTalk Wireless. If a Subscriber is unable to resolve concerns with AirTalk Wireless, the Subscriber may file a complaint with the Federal Communications Commission or the Subscriber’s state public utilities commission. Any notice sent to a Subscriber will be sent to your last known residence we have on file, or via text message to your AirTalk Wireless phone, or via text message to your alternative phone, or via email to your email.
The AirTalk Wireless Terms and Conditions of Service, contained herein, supersede all oral or written communications and understandings between you and AirTalk Wireless with respect to products and services provided to you and the terms under which they are offered to you by AirTalk 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 Texas. AirTalk Wireless reserves the right to suspend or terminate any subscriber's access to AirTalk Wireless services or to the AirTalk 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 AirTalk Wireless, its affiliates, or for any other reason at the sole discretion of AirTalk Wireless.