General Terms and Conditions – TruConnect
These Terms and Conditions (“Terms and Conditions”) apply to TruConnect and its devices and services.
The Terms and Conditions include these general terms (“General Terms”) and the terms of your service plan described in the TruConnect Service Plans. These General Terms apply generally to the devices we sell and the services we offer to our customers, and the TruConnect Service. If these General Terms conflict with any terms in the TruConnect Service Plans, these General Terms will govern. Please read the Terms and Conditions with care.
The Terms and Conditions become effective when you accept them by doing any of the following: (1) purchasing or activating a TruConnect device; (2) telling us orally that you accept; or (3) using your TruConnect device after you make a change to your account. If you do not want to accept the Terms and Conditions, do not do any of these things and contact TruConnect customer service at 1-855-878-2666. When you accept the Terms and Conditions, you represent that you are at least 18 years of age. You may not assign your rights or delegate any of your duties under the Terms and Conditions without our prior written consent, and any attempted assignment or delegation without consent is void. We may assign all or part of the Terms and Conditions or your debts without notice.
TruConnect offers a risk-free return policy, whereby our customers can return any product ordered from truconnect.com or one of our participating retailers for up to 90 days. TruConnect extends to our customers the original limited manufacturer’s warranty coverage which is one year from date of purchase, against defects in parts or workmanship.
At TruConnect we are doing our part to support the environment by using factory certified refurbished and recycled devices wherever possible. This process is completed by a factory certified remanufacturing center and all remanufactured products carry the same original factory warranty of one year.
We provide mobile broadband services using the Nationwide Sprint® Network for use exclusively with TruConnect devices purchased from us. You cannot use our service with any other brand of device or on any other network, and you may not use TruConnect devices with any other service or network.
Our service is for personal or business use only. You agree not to use our services in any way that is illegal, fraudulent, threatening or abusive, as we determine at our sole discretion. You may not alter any of the hardware or software on your device for any purpose. We may change your device’s software, applications or programming remotely and without notice.
The software and content on our devices are owned by us or our business partners. You are permitted to use this software and content solely in connection with your use of your TruConnect device with our service as expressly authorized under the Terms and Conditions. You may not distribute or upload any pre-loaded software or content to another device, or transmit or broadcast the software or content, or otherwise copy or use the software or content in any manner not expressly authorized under the Terms and Conditions. If you violate the Terms of Service, including without limitation by using one of our devices on another network without our prior written consent, by modifying any hardware or software on our devices, or by distributing, copying or otherwise using any of the software or content on one of our devices in a manner that is not authorized by the Terms and Conditions, your license to the software and content will terminate immediately and your continued use will constitute copyright infringement.
Our service is only available in geographic areas covered by the digital service network footprint of the Nationwide Sprint® Network, reaching over 280 million people.
Wireless services use radio transmissions and coverage is not available everywhere. Quality of service may be affected by conditions within and beyond our control, including atmospheric, geographic, or topographic conditions, or by damage to your device. We do not guarantee that service will be available at any specific time or geographic location, or that service will be provided without interruption. Any statements or maps provided by us, our agents or dealers about coverage are intended to provide high-level estimates of our coverage areas when using our service outdoors under optimal conditions and do not mean that service will be available under all circumstances, at all times or without interruption. Estimating wireless coverage and signal strength is not an exact science. There are gaps in coverage within our estimated coverage areas that, along with other factors both within and beyond our control, may result in service interruptions, slower data speeds, or lower quality of service. You should therefore never solely rely on your mobile phone for emergency calls, including calls to 911.
Our Right To Make Changes
Our service is provided at our discretion. We may change our Terms and Conditions, including our plans and pricing, from time to time. Unless expressly prohibited by law, we reserve the right to modify or cancel our service or your account or take corrective action at any time and for any reason, including, but not limited to, your violation of any provision of the Terms and Conditions. Check our website http://www.truconnect.com for the most recent pricing and Terms of Service. We will notify you 30 days in advance of any change to the Terms and Conditions that we determine to be materially adverse to you. If you do not terminate your service within 30 days of receiving such notice, you agree to accept that change.
Your account history for the previous 60 days is available online at http://www.truconnect.com, login and go to manage account to view your account detail. If you deactivate your service or change your mobile phone number, you may obtain your account history by contacting TruConnect Customer service at 1-855-878-2666.
Taxes & Surcharges
Stated prices for our services do not include certain taxes or surcharges. We charge applicable state and local sales taxes on all purchases made through our website at http://www.truconnect.com, including Automatic Top-Up transactions that we process directly. In certain states, retailers (including TruConnect) are required to collect e-911 fees for Top-Up transactions that they process. Charges may also include a surcharge for federal and state Universal Service Fund contributions and state and local 911 fees, as well as a cost recovery surcharge. The amount of these surcharges is subject to change and may vary from time to time and by geographic area. Surcharges are assessed to help defray our costs incurred in complying with federal and state telecommunications regulations. Surcharges are not taxes or fees that the government requires from consumers. Taxes, fees and surcharges are subject to change without notice.
Charges are deducted from your account balance that is maintained by your credit card (“Payment Method”) on file with us. If you have incurred charges or fees that were not charged prior to your account balance reaching zero, we may deduct these outstanding unpaid charges and fees from any subsequent amounts you add to your account balance.
Please contact TruConnect Customer service at 1-855-878-2666 or visit our website at http://www.truconnect.com for additional pricing information or answers to any questions about our services. Calls to TruConnect may be monitored and recorded for quality assurance purposes.
If you think that there has been an error in any charge to your account, you must notify us within 30 days after the charge appears on your account. Submit a request through the online support system or call TruConnect customer service at 1-855-878-2666, and one of our advisors will investigate your claim. If you do not notify us within 30 days, you waive any right to dispute the charge, including in arbitration or a court proceeding. If we determine that the disputed charge was inappropriate and was raised by you in a timely manner, we will credit, refund or provide other compensation to you. If we credit, refund or provide other compensation to you to settle a disputed charge, you agree that the dispute is fully and finally resolved and not subject to further proceedings. We are not liable for any charges for products or services provided by third parties through and for use on our mobile phones, devices and network. If an unauthorized or disputed charge for a third-party product or service appears in your account history, you must contact that third party directly.
Account Suspension Related to Credit Card Chargebacks
If we have attempted to charge your authorized payment method for a charge that we deem is authorized and valid under the Terms and Conditions, and the credit card company withholds such payment because the charge has been disputed (a “Chargeback”), we reserve the right to suspend your access to our service until the Chargeback is reversed. If your account is reactivated, you may be charged a fee for each Chargeback. Since all service provided by TruConnect is pre-paid, if your payment method is declined your account will be suspended and you will no longer be able to use the service until you reactivate your account by activating on the website and paying the monthly access fee.
Refunds and Returns
Refunds For Automatic Top-up and Monthly Fees
Automatic Top-ups are non-refundable. Monthly access fees are non-refundable.
You may suspend your account at any time free of charge. Your monthly access fee will keep your account active through the last day of the calendar month. You are free to use your service until this time. Beginning the next month you will not be charged the $4.99 monthly access fee. You will not be charged a monthly access fee nor have access to our 3G mobile broadband service while your account is suspended. You must login at https://manage.truconnect.com to reactivate your account. Upon reactivation your monthly access fee will be prorated so you pay only for the remaining days in the month. Your service begins immediately when you reactivate your account.
Returning Your Device
Devices purchased directly from us through our website at http://www.truconnect.com may be returned for a full refund within 90 days of purchase. You must have the original receipt, packaging materials and all components. Please contact TruConnect customer service online through the web support section or call 1-855-878-2666 for instructions. Once your return has been approved we will send a return shipping label for your convenience. We do not assess a restocking fee. Please see the Return Policy for more details.
Devices purchased directly from us include a one year warranty from the original equipment manufacturer. If you experience a device malfunction, visit http://support.truconnect.com and we will arrange for a replacement.
Lost or Stolen Equipment
If your device is lost or stolen, you are responsible for charges incurred until you notify us of the loss of your device by visiting our website at http://support.truconnect.com or by calling TruConnect customer service at 1-855-878-2666. Upon receiving notice that your device is lost or stolen, we will suspend your account. If you do not either activate a new device, or notify us that you have found your device within 60 days of the suspension of your account, your account will be deactivated.
Specific Terms and Restrictions Regarding Data Services
Our data services are provided solely for purposes of web browsing, messaging, and similar activities. You are responsible for all data activity from and to your device regardless of who initiates the activity. You may not use the data service: (1) with server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file sharing or other systems that drive continuous heavy traffic or data sessions; (2) as a substitute or backup for private lines or frame relay connections; (3) with “auto-responders”, “cancel-bots”, or similar automated or manual routines which generate excessive amounts of traffic, or which disrupt user groups or email use by others; (4) for tethering your mobile phone to a personal computer or other hardware; (5) to send “spam” or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email); or (6) for any activity that adversely affects the ability of other people or systems to use either our wireless services or other parties’ Internet-based resources. We reserve the right to limit, suspend or terminate without notice any misuse of our network or violation of these Terms and Conditions.
Data services allow you to access the Internet to view, download and send text, pictures, games, graphics, music, email, sound and other materials (“Content”). Some Content is available from us or our business partners, while other Content can be accessed from other third-party websites or services. Content may be unsuitable for children or minors, unreliable, inaccurate, offensive, indecent or objectionable. You are solely responsible for evaluating the Content that you or anyone using your device access. We strongly recommend that you monitor Content access by children or minors. Prior to accessing certain Content, we may require you to provide some personal information to verify that you are at least 18 years of age. Content from third parties may also harm your device or its software. We may place restrictions on accessing certain Content, impose separate charges, limit the amount of data you can access or transfer, or otherwise limit or terminate services.
We do not endorse the Content, features, or software offered by third parties. Your relationship with providers of Content is between you and them. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY CONTENT OFFERED BY A THIRD PARTY THAT YOU MAY UTILIZE OR OTHERWISE ACCESS WHILE USING YOUR DEVICE, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, PERFORMANCE OR ACCURACY. We have no control over the Content on any website that you may access via your device. We strongly recommend that you use good judgment and care in sharing any personal information about yourself. You may not sell or resell Content. You will be solely responsible if you engage in any unauthorized use of Content.
Acceptable Use of Our Products and Services
You may not use your TruConnect device, or our service, for any illegal purpose, including to harass, threaten, abuse, defame or slander any individual or entity. You may not use our service in a manner that interferes with another customer’s use of our service.
Objectionable of Offensive Content
You may not publish, copy, reproduce, upload, download, post, distribute, edit, modify, or otherwise transmit (“Post”) any Content that is unlawful, libelous, defamatory, slanderous, obscene, pornographic, harassing, threatening, abusive, harmful, or otherwise objectionable, or that infringes upon or otherwise violates others’ rights, including privacy rights.
You may not Post any Content that encourages or is in furtherance of an unlawful, criminal, or fraudulent activity or that violates any of our rules or policies.
You may not Post any Content that solicits any information from other customers or involves any commercial activities, including advertisements.
You may not Post any Content that may infringe on or otherwise violate any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right of any person. Infringement may result from the unauthorized copying, posting, editing, modifying or distributing of any Content, including graphics, pictures, photographs, logos, software, articles, music, games, or videos. By Posting any Content, you represent that you have legal rights to use, distribute and publish such Content.
You agree not to Post any Content that contains viruses, worms, time bombs or other similar programs.
Removal of Content
We reserve the right, in our sole discretion, to remove or delete any Content that you Post on our service that violates the Terms and Conditions or is otherwise deemed objectionable by us in our sole discretion. We may delete Content that you have downloaded or limit the amount of Content that you may download during any given period.
Suspension or Termination of Services
We reserve the right to issue a warning and to suspend or terminate your service and access to the http://www.truconnect.com website or any other website we operate or to our service at any time if we determine in our sole discretion that you have violated the Terms and Conditions or any of our rules or policies or for any other reason in our sole discretion.
Safety and Security
We are not responsible for the content or security of data that you access or store while using your device with our services.
Use your device in a safe manner that does not create a risk to your safety or the safety of others around you. Do not use your device while operating an automobile. Always use your
device in accordance with all applicable laws and regulations.
Use of Your Customer Information
includes important information on what data we collect about you, how we use this data and with whom we share that data.
In the course of providing service to you, we may collect certain information made available to us solely because of our relationship with you, including information regarding
the nature and type of your usage. We always will handle this data, which is “Proprietary Customer Network Information” (“PCNI”), in accordance with Federal Communications Commission
us to market services to you that may be related to our service offerings. To manage the way in which we communicate important notices or updates from us and our partners you can edit
your profile on our website (http://www.truconnect.com).
To comply with appropriate legal process, we may disclose to government agencies and law enforcement authorities any information, including your name, account history, account information
or other transmission data properly requested by law enforcement.
You may use our website located at http://www.truconnect.com to manage your account, make payments, view our content and learn more about our products and services. Use of the our website is subject
We and you each agree to contact each other first with any disputes. You must contact us with any dispute by visiting http://support.truconnect.com,
calling TruConnect customer service at 1-855-878-2666, or writing us at TruConnect Mobile, LLC, 355 S Grand Ave # 3100, Los Angeles, CA 90071, Attn: Customer
Service. Please provide a description of the problem, all relevant documents/information and the proposed resolution. We will contact you at the last address
that you have provided us or by phone. We each agree to negotiate in good faith to resolve any dispute.
No Trial by Jury
If a claim proceeds in court, we each waive any right that we may have to trial by jury in any lawsuit or other proceeding to the extent permitted by law.
Limitation of Liability
We and you agree to limit claims for damages or other monetary relief against each other to direct and actual damages unless prohibited by law. You agree
that we and our business partners are not liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages
of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of
products or services or under any legal theory, including fraud, misrepresentation, breach of contract, personal injury, product liability or any other theory.
We assume no risk or responsibility for your use of any of Content. We are not liable for (1) any act or omission of any other company furnishing a part of our
service or any equipment provided for such service; (2) errors or omissions of our business partners; (3) any damages that result from any product or service
provided by or manufactured by third parties; or (4) any unauthorized or disputed charges for our services that appeared more than 30 days earlier on your online
account statement which you did not promptly dispute in accordance with the Terms and Conditions. You acknowledge that no fiduciary relationship or other special
relationship exists between you and us, by virtue of the Terms and Conditions or your use of our services.
We do not manufacture our devices. The only warranties applicable to our devices are those extended by the manufacturers. We have no liability, therefore, in
connection with the devices or for manufacturers’ acts or omissions.
WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES PROVIDED HEREUNDER OR ANY SOFTWARE USED IN CONNECTION THEREWITH,
INCLUDING, BUT NOT LIMITED TO, AND TO THE EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUALITY, NON-INFRINGEMENT, PERFORMANCE
OR ACCURACY. We expressly disclaim any and all implied warranties. WE DO NOT PROMISE ERROR-FREE OR UNINTERRUPTED SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE WARRANTIES
ON OUR BEHALF.
You agree to indemnify us and our affiliates and their respective officers, agents, 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) resulting from your use of our products and services,
or use of our products and services by another person who uses your mobile phone and/or our products or services, whether based in contract or tort (including strict liability)
and regardless of the form of action.
Effect of General Terms and Conditions
The General Terms and Conditions supersede all oral or written communications and understandings between you and us with respect to our products and services and the terms under
which they are offered and provided to you. If any part of the Terms and Conditions is declared invalid or unenforceable, all other parts of the Terms and Conditions are still valid and
enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of the Terms and Conditions. No provision of the Terms and Conditions
provides any person or entity not a party to the Terms and Conditions with any remedy, claim, liability, reimbursement, or cause of action, or creates any other third-party beneficiary rights.
Unless otherwise specified herein, any disputes of a legal nature, whether a claim, complaint, arbitration demand or otherwise, shall be subject to the exclusive jurisdiction
of the federal or state courts located within the State of California.
You may notify us by mail (TruConnect Mobile, LLC, TruConnect Mobile, LLC, 355 S Grand Ave # 3100, Los Angeles, CA 90071, Attn: Customer Service) phone (1-855-878-2666) or electronic means
(via our website at http://www.truconnect.com). Communication will be considered effective after we receive them. If you are unable to resolve your
concerns with us, you may direct a complaint to the Federal Communications Commission, Washington, DC 20554. Any notice we send you will be sent to your last known residence or email address
as shown on our records.
You agree to comply with all trade regulations and export control laws, both domestic and foreign. Our devices, software, and any underlying information accessed or transferred by you using
our services may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. § 2401, et seq.) and the Export Administration Regulations (50 C.F.R. § 730-774), as well
as the import regulations of other countries. You agree not to export or re-export any our devices or software to any foreign country. Any information transferred by you using our services to
any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.
Trademarks and Licenses
The TruConnect name and signature and the TruConnect Mobile name and logo are registered trademarks of TruConnect Mobile, LLC. Sprint is a trademark of Sprint Nextel.