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Terms and Conditions

AirTalk Wireless Terms and Conditions of Service

Welcome to AirTalk Wireless. Thank you for choosing us as your service provider. We are pleased to have you as a customer and we look forward to providing you with the best wireless service. Please read these terms carefully as these Terms and Conditions of Service become effective by activating or using an AirTalk Wireless phone and is a legally binding agreement between you and AirTalk Wireless. These Terms and Conditions of Service contain important information about your consumer rights. 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. By enrolling in the AirTalk Wireless Lifeline Program and by using the AirTalk Wireless Service, you, the participant, acknowledge and agree to the following terms and conditions. If you disagree with any item contained herein, please immediately discontinue use of the Services and contact AirTalk Wireless Customer Support at +1 (855) 924-7825 to terminate.

1. Lifeline Program

Lifeline Support is a monthly support that reduces the cost of monthly wireless telephone service or residential home telephone service. 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.

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 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 consumer is not eligible for Lifeline service. Subscriber grants authorization toAirTalk Wireless to access any records required to verify subscribers'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.

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)
  • Head Start (only those households meeting its income qualifying standard)
  • Food Distribution Program in Indian Reservation (FDPIR)

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

Lifeline Rules

  • Lifeline is a federal benefit and willfully making false statements to obtain the benefit can result in fines, imprisonment, disenrollment or being blocked from the program;
  • Only one Lifeline service is available per household;
  • A household is defined, for purposes of the Lifeline program, as any individual or group of individuals who live together at the same address and share income and expenses;
  • A household is not permitted to receive Lifeline benefits from multiple providers;
  • Violation of the one-per-household limitation constitutes a violation of the Commission’s rules and will result in the applicant’s de-enrollment from the program;
  • Lifeline is a non-transferable benefit, and the applicant may not transfer his or her benefit to any other person.

2. AirTalk Wireless Lifeline Programs Restrictions

Subscribers applying for service in AirTalk Wireless Lifeline program agree to, and declare under penalty and perjury, that all of the following conditions below (including but not limited to) apply:

  • AirTalk Wireless Lifeline program is limited to one connection per household.
  • Subscribers must meet the income-based or program-based eligibility criteria for receiving Lifeline service and have provided documentation of eligibility if required.
  • Subscribers applying for service certifies that the subscriber do 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 affirms they meet the head of household requirement and they are not claimed as a dependent on another person's tax returns (unless over the age of 60).
  • Subscriber affirms they 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 acknowledges that it 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.
  • Subscriber applying for AirTalk Wireless Lifeline service affirms, under penalty and perjury, that all foregoing representations made when applying for service are true and correct to the best of the subscriber's knowledge.

3. Other AirTalk Wireless Requirements

Subscriber applying for service may be required to provide a Social Security Number to certify or verify eligibility for Lifeline service. (Social Security information is strictly confidential and will not be disclosed to others without a subscriber's written consent). Subscriber affirms they are at least 18 years old.

Subscriber authorizes representatives of any state or federal assistance program to discuss or provide documentation needed to verify participation requested by AirTalk Wireless. Subscriber also authorizes any state or federal assistance program representative to verify subscriber's eligibility for Lifeline program.

Subscribers applying for the Lifeline program authorize AirTalk Wireless or its duly appointed representatives to have access to records relating to the applicant to verify eligibility for the AirTalk Wireless Lifeline service.

4. Annual Recertification, Verification, or Termination of Lifeline Programs

Subscribers participating in the AirTalk Wireless Lifeline program will be automatically recertified on an annual basis, and their qualification to continue to participate in the Lifeline program is based on the appropriate state or federal recertification and after reverification requirements. Every subscriber in the National Verifier recertification will go through an initial automated data check that will check for the subscriber's eligibility. Subscribers whose eligibility cannot be verified via the initial automated check will be required to self-certify their eligibility. USAC (Universal Service Administrative Company) will conduct outreach to these subscribers and require that they self-certify. Subscribers that fail the initial data source checks will be prompted to self-certify during a 60-day window. Failure to self-certify during this time will result in automatic de-enrollment. USAC can determine, at its sole discretion, if a subscriber meets the annual recertification requirements and if the subscriber fails to re-qualify for Lifeline service. If USAC is unable to recertify the required Lifeline qualifications, the subscriber will be deemed ineligible to further participate in the AirTalk Wireless Lifeline program.

AirTalk 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. AirTalk Wireless subscribers have the ability to terminate from the Lifeline program for any reason. Subscribers who choose to terminate from the Lifeline program may send notice of termination to the address or fax listed below or email listed below with their request. Customers also can call the Customer Service number below to de-enroll from Lifeline service. Identification will be required by providing the customers Full Name, AirTalk Wireless Number, DOB and last 4 numbers of their Social Security Number. 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 AirTalk Wireless Lifeline program.

Please send all termination requests (include name, wireless number, and identity related information) to:

AirTalk Wireless, LLC
Attn: Disconnect Department
9920 Brooklet Drive
Houston, TX 77099
Customer Service: +1 (855) 924-7825
If you do not accept any of these Terms and Conditions of Service, do not activate or use service provided by AirTalk Wireless and contact AirTalk Wireless Customer Service at +1 (855) 924-7825. By accepting these Terms and Conditions of Service, you represent that you are at least 18 years of age, you meet the eligibility requirements for AirTalk Wireless service, and you agree that you may not assign your rights or delegate any of your duties under these terms without the prior written consent of AirTalk Wireless. Any attempted assignment or delegation without proper consent from AirTalk Wireless shall be void.

5. Supported Services

Lifeline supported services are available to AirTalk Wireless subscribers who participate in Lifeline. Questions regarding supported services can be made by contacting an AirTalk Wireless representative at: +1 (855) 924-7825.

Lifeline supported service includes voice, data and text service. Lifeline supported service provides access to the emergency services provided by local government or other public safety organizations such as 911 or enhanced 911, to the extent the local government in AirTalk Wireless' service has implemented 911 or E911 service.

6. AirTalk Wireless Services

AirTalk Wireless service is provided at the company's discretion. AirTalk Wireless may change pricing or the company's Terms and Conditions of Service, from time to time, without notice. Unless expressly prohibited by law, AirTalk 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 AirTalk Wireless website, https://airtalkwireless.com, for the most recent pricing and changes to the Terms and Conditions of Service. A subscriber's right to use AirTalk Wireless service is subject to AirTalk Wireless business practices, policies, procedures, rates and Terms and Conditions of Service. AirTalk Wireless may change the Terms and Conditions of Service at any time. AirTalk Wireless will notify subscribers of change to the Terms and Conditions of Service that are determined to be materially adverse to a subscriber's service 30 days in advance of the change. If subscriber does not terminate service within 30 days of receiving this notice of a change in the Terms and Conditions of Service, subscriber agrees to accept any such changes.

AirTalk Wireless provides mobile telecommunications services using the geographic areas covered by two of the largest 5G+ networks in America. International calling is subject to additional Terms and Conditions. AirTalk Wireless may provide Lifeline supported services in these areas based on state or entity authorized licensing areas. AirTalk Wireless does not guarantee coverage availability in all areas. Local phone numbers may not be available in all areas. Subscribers do not have the ability to use AirTalk Wireless service with any other wireless phone, device, or on another network. Subscribers may not use an AirTalk Wireless handset with any other service or network. Airtime may be used for domestic calling from the United States and for other services as provided in these Terms and Conditions of Service. 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 has determined that ability to provide good service to subscribers 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. 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. An AirTalk Wireless subscriber account may be terminated, without notice, if a subscriber'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.

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. You should therefore never solely rely on your wireless phone for emergency calls, such as to 911. AirTalk 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.

By applying or activating or using service with AirTalk Wireless, a subscriber agrees 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.

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.

7. AirTalk Wireless ETC Services

AirTalk Wireless Lifeline plans are only available for activation by customers who reside in the areas in which AirTalk Wireless has been designated as an Eligible Telecommunications Carrier (ETC) and services provided in these Terms and Conditions. To receive subsidized wireless service, a subscriber's principal residence address must be within an AirTalk Wireless ETC service area. Visit https://airtalkwireless.com to check whether you reside in an AirTalk Wireless ETC service area. To be eligible for AirTalk Wireless service, a subscriber must meet the applicable eligibility standards described throughout these Terms and Conditions of Service, which may be amended by AirTalk Wireless. Where applicable, AirTalk Wireless Lifeline plans are provided to you by AirTalk Wireless and are 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. AirTalk Wireless may provide access to tariffs through its website. Please be aware that tariffs posted online may not be official documents and you assume full responsibility for any tariff information you access on the AirTalk Wireless website. AirTalk Wireless bears no liability for the accuracy of any documents available on this website.

8. AirTalk Wireless Service Rates (Airtime), Features, Coverage, and Activation Fees

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.

INTERNATIONAL DIALING: 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.

LIFELINE FREE PLAN: Each month you will receive Free Minutes, 4.5 GB of Data and Free Unlimited Text Messages. Unused minutes will not roll over from month to month.

AirTalk Wireless Additional Minutes & Data Plans: AirTalk Wireless may offer Additional Minutes and Data Plans for purchase. Please visit https://airtalkwireless.com for the current rates of adding additional minutes and data rate plans. 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.

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.

Subscribers who successfully submit an AirTalk Wireless application for the Lifeline program will receive a free SIM card and if subscribers meet certain eligibility requirements they may receive a free wireless phone provided by AirTalk Wireless. AirTalk Wireless reserves the right to determine, at its sole discretion, whether or not an applicant meets the eligibility requirements to participate or continue to participate in the AirTalk Wireless Lifeline program.

About Data Services & Content: 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.). We make absolutely 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.

Specific Terms & Restrictions On Using Data Services: 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.).

Porting/Transferring a Phone Number: 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.

9. AirTalk Wireless Taxes and Surcharges

AirTalk Wireless charges state and local sales taxes. 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.

10. AirTalk Wireless Text Messaging Rates

An AirTalk Wireless subscriber 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. Standard plan message rates apply when sending or receiving text messages, regardless of if the message is viewed. Any unused messages that expire from one monthly billing cycle will not carry over to the next monthly billing cycle unless the monthly plan specifically allows carry over messages. Text messages sent to you by AirTalk Wireless are free of charge.

Domestic Text Messaging Rates: Any unused messages 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 messages.

International Text Messaging Rates: AirTalk Wireless does not allow international text messages. Attempting to send international messages could result in deactivation of service and de-enrollment from AirTalk 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 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.

11. Preventing or Sending Spam:

AirTalk Wireless 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 toll free at+1 (855) 924-7825 if additional help or information is required.

AirTalk Wireless may send messages to your AirTalk Wireless handset or alternative phone number via SMS.

12. AirTalk 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. 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 1-900, 1-976, 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 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. 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. AirTalk Wireless does not allow free calls to other subscribers using AirTalk Wireless 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, and 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.

You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred including, without limitation, all expedited and return shipping and handling charges, and you authorize us to charge all sums for the orders that you make to the payment method specified at the time. In addition, you remain responsible for any taxes and authorize charges that may be applicable to your transactions. Shipping costs are calculated during the checkout process by selecting your shipping method of choice and are non-refundable.

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

13. AirTalk Wireless Refunds, Returns, or Lost Equipment Policy:

Refunds:
AirTalk Wireless is not responsible for, nor will we refund any lost, stolen, misused, or damaged AirTalk Wireless Additional Minutes or Data Offering Plans. AirTalk Wireless does not accept returns or provide refunds of any AirTalk Wireless Additional Minutes or Data Offering Plans unless it is determined AirTalk Wireless did not perform the duty of 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 wireless phone is used with the subscriber's consent or knowledge. Monthly charges are non-refundable.

Returns:
Wireless handsets 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 handset as received at the time of activation. For instructions, please contact AirTalk Wireless' Customer Service at +1 (855) 924-7825. AirTalk Wireless provides new and used 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. All wireless handsets purchased directly from AirTalk Wireless include a 15-day warranty from AirTalk Wireless. If you experience a handset malfunction call AirTalk Wireless' Customer Service at +1 (855) 924-7825.

Lost or Stolen Equipment:
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 lost or stolen wireless phone. To report a lost or stolen wireless phone, please contact AirTalk Wireless's Customer Service at +1 (855) 924-7825. Upon receiving notice of the lost or stolen phone, AirTalk Wireless will suspend the account immediately. If a subscriber does not either activate a new AirTalk Wireless phone or notify us that they have found their wireless phone within 15 days of the suspension of the account, the account will be deactivated and the subscriber will lose the AirTalk Wireless phone number.

Disclosure:
For all free phones subsidized by AirTalk Wireless (the Company), 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, the Company reserves 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 the Company.

14. AirTalk Wireless Phone Number

AirTalk Wireless subscribers must accept the number that is assigned to them at the time of activation. 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 and 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 (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, they 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.

15. Bring Your Own Phone Program

AirTalk Wireless affords subscribers the option to use their own mobile phone or device, as long as it is compatible with AirTalk Wireless' services and network, under its Bring Your Own Phone Program.

If you are activating your own phone under the Bring Your Own Phone Program, 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 any provided mobile devices not provided by AirTalk Wireless including those activated under the Bring Your Own Phone program. 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.

16. Termination Service

As an AirTalk Wireless customer, 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 another 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. If you have no usage in a period of 30 days “Non-Usage” of Lifeline service, 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 Program, 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 Program. 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 respective policies and procedures.

17. Limitation of Liability

AirTalk Wireless will not be liable to you (subscriber) 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 equipment or for any damages that result from any service or equipment 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 (subscriber) 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 (subscriber) and AirTalk Wireless or its affiliates. You (subscriber), 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.

18. 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. 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.

19. Right to Terminate Your AirTalk Wireless Lifeline Service

You agree not to give away, resell, or offer to resell the AirTalk Wireless Mobile Device or service provided by the AirTalk Wireless Lifeline Program. You also agree your AirTalk Wireless Mobile 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 Mobile 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; or (k) use the service in a way that adversely affects our network or the service available to AirTalk Wireless's other customers. 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.

20. Unauthorized Usage and/or Tampering

The AirTalk Wireless Mobile 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 Mobile 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 unlock, re-flash, tamper with, or alter your AirTalk Wireless Mobile Device or its software; engage in any other unauthorized or illegal use of your AirTalk Wireless Mobile Device or the service or assist others in such acts; or to sell and/or export AirTalk Wireless Mobile 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 Mobile 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 Mobile Devices have SIM cards. If your AirTalk Wireless Mobile 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. You may not remove your SIM Card from your phone nor place the SIM Card in any other phone. Doing so could result in the immediate termination of your service and de-enrollment from the AirTalk Wireless Lifeline Program. 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 Mobile 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.

21. Limitations of Service and Use of Equipment

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.

22. 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.

23. Indemnification

To the full extent by law, you agree to hold harmless and indemnify AirTalk 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 AirTalk 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 AirTalk 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.

24. Warranties

Devices purchased by AirTalk Wireless customers can be returned within fifteen (15) days from the delivery date if they are found to be defective. AirTalk Wireless reserve the right to replace any defective mobile device with a replacement phone at its discretion. To request a replacement for a defective phone, please contact AirTalk Wireless Customer Support at +1 (855) 924-7825.

25. Notices

You may send notices to AirTalk Wireless by mail, 9920 Brooklet Drive, Houston, TX 77099, or by fax, 1-832-617-7842. Notices will be considered effective after received by AirTalk Wireless. If a subscriber is unable to resolve concerns with AirTalk 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 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.

26. Account Activity Requirement

To continue receiving your Lifeline service with AirTalk Wireless, you must make or answer a voice call or send a text message, use data, purchase minutes, or respond to direct contact from AirTalk Wireless at least once during any 30-day period.

27. Terms for Puerto Rico Residents

RIGHT TO OBJECT TO INVOICES. 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 (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 days term, the Company may suspend, discount, and cancel the service or services. The objection of a charge does not exempt from the payment of the charges objected.

PUERTO RICO TELECOMMUNICATIONS BUREAU (NET)

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.

To View Our Spanish Terms and Conditions, Click Here.

28. Terms for Daily Data Boost

Top-up Data Policy:
Customers can utilize either a Regular Data Top-up or a Daily Data Boost. These two top-up types will not accumulate. Purchasing a new top-up type while an existing type is active will cancel any remaining data from the current package.
Daily Data Boost Package:
The Daily Data Boost package automatically adds 1GB of data to the customer's account each day. This daily addition of data does not accumulate. Unused data from the Daily Data Boost package will not roll over to the next day.




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