Terms and Conditions

TROOMI TERMS AND CONDITIONS AGREEMENT

Introduction 

At Troomi® we are committed to providing you and your family with the best in products, services and support. Our Terms and Conditions help you understand our respective responsibilities in our contract. 

  1. General Terms 

By activating, using, or paying for any Troomi products or services (“Troomi Service(s)” or “Service(s)”), you agree to be bound by this Troomi Terms and Conditions Agreement (“Agreement”). If you don’t agree, please contact us immediately to cancel your order and/or service and return any products. You may contact us at support@troomi.com

Please read this Agreement carefully, the Agreement requires you to provide consent for certain activities, governs how we handle your information (including information related to your Troomi account and your location), and also limits Troomi’s liability. The Agreement covers important information about any access and usage charges, taxes, fees, assessments, and other charges we bill you or that were accepted or processed through your Device (“Charges”). . 

You represent that you are at least the age of majority in your state of residence and you are legally authorized to enter into this Agreement. 

WE RESERVE THE RIGHT TO CHANGE OR MODIFY THESE TERMS, OUR SERVICES, DISCOUNTS, TECHNOLOGIES (INCLUDING CHANGES TO OUR NETWORK THAT MAY IMPACT YOUR DEVICE’S COMPATIBILITY), COVERAGE, OR ANY OTHER TERMS IN THE AGREEMENT AT ANY TIME AND YOU AGREE TO BE BOUND BY ALL SUCH CHANGES OR MODIFICATIONS ON THE EARLIER OF WHEN WE (i) POST THEM ON THE TROOMI WEBSITE, OR (ii) SEND THEM TO YOU (ELECTRONICALLY OR OTHERWISE). BECAUSE THESE TERMS ARE SUBJECT TO CHANGE AT ANY TIME, YOU SHOULD ALWAYS CHECK THE TROOMI WEBSITE FOR THE MOST CURRENT VERSION. THE MOST CURREN VERSION CAN BE FOUND IN THE FOOTER OF TROOMI.COM. 

IF WE CHANGE THE SERVICE FEE APPLICABLE TO YOUR SERVICE PLAN, YOU WILL HAVE 5 DAYS FROM THE DATE WE POST OR NOTIFY YOU OF THE REVISED SERVICE FEE TO TERMINATE YOUR SERVICE PLAN BY (i) CONTACTING OUR CUSTOMER SERVICE DEPARTMENT AT 866-545-4222, OR (ii) MANAGING YOUR ACCOUNT PREFERENCES ON THE TROOMI WIRELESS PARENT PORTAL WEBSITE. 

IF YOU FAIL TO CANCEL YOUR SERVICE PLAN WITHIN THE 5 DAY PERIOD, YOU WILL BE DEEMED TO HAVE ACCEPTED THE RATE INCREASE. ANY CHANGES IN TAXES, REGULATORY FEES, COMPLIANCE OR ASSESSMENTS WILL NOT BE CONSIDERED AN INCREASE IN ANY SERVICE FEE AND WILL NOT ENTITLE YOU TO EXERCISE THE FOREGOING CANCELLATION RIGHT. WE ARE NOT LIABLE TO YOU FOR CHANGES IN OPERATION, EQUIPMENT, OR TECHNOLOGY (INCLUDING THE CARRIER NETWORK) THAT CAUSE YOUR DEVICE TO BE RENDERED OBSOLETE OR REQUIRE MODIFICATION. 

If you have any ADA-related limitations or questions regarding Troomi’s features, functionality, or need assistance with making a purchase, please contact our Helpdesk at (866) 545-4222. Our team is ready to assist you.

1.1 The Troomi Agreement 

In this Agreement, unless otherwise specified, “Troomi” and “we” mean the Troomi, Inc. and any affiliated companies and their successors and assigns. 

Troomi offers many products and services. This Agreement includes a set of universal terms (“General Terms”) and specific Service terms (“Service Terms”). You’re bound by the General Terms and the Service Terms for each Troomi Service you purchase or use. In addition, your Agreement incorporates (i) our website Terms of Use located at https://troomi.com/website-terms-of-use/, (ii) our Privacy Notice located at https://troomi.com/privacy-policy/, (iii) our Acceptable Use Policy located at https://troomi.com/acceptable-use/, and any other documents or terms specifically referenced in the applicable General Terms and Service Terms. In the event of a conflict between the General Terms and the applicable Service Terms, the Service Terms will govern our relationship with you.

1.2 Your Troomi Account and Account Access 

You may need to set up one or more accounts (“Troomi Account(s)” or “Account(s)”) in order to purchase or use Troomi Services. You must ensure that any information you provide to us in connection with your Troomi Accounts and Troomi Services, including contact information and billing information, is accurate and current. 

You’re responsible for any activity that occurs on or through your Troomi Accounts. We do not guarantee the security of your Troomi Accounts. You must ensure that your Account information and password(s) for accessing your Accounts and personal information are secure. If you learn of any unauthorized use of any Troomi Account, please contact us immediately. 

You agree that all users of your Troomi Services (including minors), are subject to the limitations and obligations of this Agreement, including its privacy policy. It’s your duty to inform them of their limitations and obligations and to provide this Agreement to them. 

You may designate individuals (such as family members) to act on your behalf (“Authorized Users”). Authorized Users can manage your Troomi Accounts, including changing or adding Services. You’re responsible for all actions and changes made by any Authorized Users, including purchases of products and additional Troomi Services. 

Troomi Wireless Service may only be used with a Device provided by Troomi that is designed and purchased for use exclusively on Troomi’s wireless network (a “Device”). Using a Troomi SIM card in another device is prohibited and will result in the immediate termination of that SIM card. If you install a Troomi SIM card in a non-Troomi device, you will be liable for all charges incurred while the Troomi SIM card is in the non-Troomi device. 

1.3 Notices and Customer Communications 

You agree that Troomi and its current and future affiliates, assignees, successors, employees, agents, and others acting or purporting to act on our behalf (for example, outside collection agencies), can contact you regarding your Accounts, your Troomi Services, and additional products and services that we or third parties may offer, using any means or method (including by phone, mail, email, text message (such as SMS/MMS), chat (such as RCS), push notifications, or other medium), as well as by including messages with bills for your Troomi Services. 

You agree that notices provided to you using any of these methods are considered received by you. You agree to provide accurate, current contact information about yourself, that you have authority to consent to communications to any phone numbers or email addresses you provide, and that you will promptly notify us if your contact information has changed. 

You also agree that Troomi and its current and future affiliates, assignees, successors, employees, agents, and others acting or purporting to act on our behalf (for example, outside collection agencies) can at any time send you email or other electronic messages to any phone number or email address associated with your Troomi Services by any means, including an automated system that sends preset messages. 

You further agree that any calls or messages sent to numbers or email addresses you provide to Troomi or its current and future affiliates, assignees, successors, employees, agents, and others acting or purporting to act on our behalf (for example, outside collection agencies), or to numbers or email addresses associated with your Troomi Services, may be sent using an automatic telephone dialing system, artificial or prerecorded voices, or other automated dialing equipment such as a predictive dialer, and that you cannot revoke your consent to be contacted in this manner. 

Please review your bill for messages. We will send important messages to you through bill messages. Through electronic billing, you are considered to have received these notices once your electronic bill is available for viewing. 

Communications to you may include, but are not limited to, emergency alerts, updates to this Agreement, communications regarding payments or past-due balances, and information concerning promotions regarding any Troomi Services or products or services offered by our third-party partners. You are not required to agree to receive promotional communications to purchase any Troomi Services. You can unsubscribe from promotional emails, calls, or messages by following the unsubscribe options in the promotional communication itself or in the Troomi Privacy Notice. 

Notices from us to you are considered delivered when we deliver them to your Device by text message or voice, or by email to any email address you provide to us.

1.4 Termination or Suspension of Troomi Services 

You may cancel or terminate any of your Troomi Services at any time. If you cancel a Troomi Service: (i) You might lose any discounts you obtained from bundling Troomi Services together; (ii) If you have an active installment plan for Devices or accessories associated with the cancelled Troomi Services, your agreement for that installment plan might specify that your termination of Troomi Service is a default that triggers acceleration of the remaining installment plan payments; and (iii) some Troomi Services may not work (or work the same way) after the cancellation of a bundled service. 

Troomi reserves the right to modify, suspend, or discontinue any function or feature of any Troomi Service, including your rates or charges, or to terminate your Troomi Service entirely, for any reason, including but not limited to: (i) Compliance with an order by a state or federal agency, court, or arbitrator; (ii) any interruption or loss of either your or Troomi’s rights to access any part of the network facilities required to provide your services, including rights to access the land or buildings where the facilities are located; or (iii) Any misconduct by you or any user of your Troomi Account or Device. 

“Misconduct” includes but is not limited to: (i) Any conduct that we believe violates this Agreement or Troomi’s Acceptable Use Policy; (ii) Any conduct that involves the use of abusive, threatening, or unreasonable conduct toward any of our employees or representatives, whether in person, over the phone, or in writing; (iii) Any abusive, fraudulent, or unlawful use of any Troomi Services; (iii) Providing us with false or misleading information about you, users of your Troomi Services, or use of Troomi Services, including inaccurate information related to your creditworthiness; (iv) Any use of Troomi Services in a manner that negatively affects our or other entities’ networks, customers, or operations, or that infringes anyone’s intellectual property rights, violates others’ privacy, generates spam or abusive messaging or calling, or results in the publication of threatening, offensive, or illegal materials; (v) Any reselling of Troomi Services (including selling of use of or access to Troomi Services); or (vi) Any failure to make all required payments when due or to maintain sufficient amounts on deposit or pay another form of credit security, as well as any change that we determine creates a risk of non-payment (such as a deterioration in your creditworthiness); (vii) Any use of a SIM card in any device other than the one is was assigned to by Troomi; (viii) Any use of Troomi devices outside the designated areas allowed by your contract, (iv) use of Troomi SIM cards in non-Troomi devices is cause for immediate termination of services, which may include blocking all talk, text and data usage or all of the above, at Troomi’s sole 

Regardless of the reason or whether you or we terminate your Troomi Services: (i) Unless required by applicable law, there is no proration of charges and you are still responsible for the full month’s payment even if your Troomi Services are terminated before the end of a billing cycle; (ii) Any Account balance or unused portion for the terminated Troomi Service (such as a prepaid service) will not be refunded or credited back; (iii) Your licenses to use any associated software are terminated; (iv) You are obligated to return any Device associated with the terminated Troomi Service (if required by the applicable Service Terms or other agreement); and (v) We reserve the right to delete any data, files, or other information associated with you or your Troomi Account or terminated Troomi Services. 

In addition, if a term commitment to maintain service or programming for a particular length of time is not met, and either you cancel a Troomi Service or we terminate a plan for misconduct, you will be subject to any applicable early-termination fee(s) and overage fee(s) under subsection 1.4. 

If any of your Troomi Services are suspended, you are still responsible for paying any applicable charges for that Troomi Service. 

You have the right to port out your phone number to another carrier. Troomi is not responsible for porting issues caused by the carrier, but Troomi will do everything in its power to rectify any porting issues quickly. 

1.5 Disclaimer of Warranties 

You’re using Troomi Services at your own risk. Unless expressly set out in this Agreement, Troomi Services are provided on an “as is” and “as available” basis, without warranties or guaranties of any kind. To the greatest extent permitted by law, Troomi (including our past, present, and future parents, subsidiaries, affiliates, related entities, as well as Troomi’s and all of those entities’ officers, agents, employees, licensors, predecessors in interest, successors, and assigns) expressly disclaims all warranties of any kind, whether oral, express, implied, or statutory, including but not limited to the implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, and any warranties implied by a course of performance, course of dealing, or usage of trade. No one is authorized to make warranties on our behalf. We do not guarantee that Troomi Services will meet your requirements, be of a particular quality or speed, or will be uninterrupted, accurate, secure, maintained, and kept free from viruses or other harmful components. There is no security or protection guarantee against unauthorized access to your Troomi Services, personal information, or Troomi Account. We do not guarantee that Troomi Services are suitable for use in situations in which absolutely accurate data transmission or security is required or that could result in personal injury, property damage, or financial loss. We also do not guarantee that Troomi Services will be 

interoperable with your hardware or software and that incompatibility won’t lead to damage or loss of data. Troomi will not be responsible for: (i) damage or injury caused by third party information, applications or content (e.g. apps, web sites, games, contacts you allow etc.) preloaded, accessible, or used through your Device; (ii) damage or injury caused by interruptions, failures to transmit, or delays in the Service provided by or through us; (iii) damage or injury caused by your use of the Service provided by us while you are operating a vehicle, (iv) claims made against you by third parties; (v) unauthorized access to your Device, Service, or Troomi Account; (vii) damage or injury caused by a suspension or termination of Service by Troomi; or (viii) damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service. 

1.6 Content Filtering Disclaimer 

You may enable Troomi’s Content Filtering Artificial Intelligence (AI) and Notification feature (“Content Filtering”). This functionality may notify you, or blur (depending on your settings), outbound or inbound content that is not aligned with protection settings you select. You acknowledge and agree: (i) Content Filtering is not one hundred percent accurate and may flag something incorrectly including will creating false positives, and false negatives, and you should not rely on Content Filtering to be error free; (ii) Troomi provides the Content Filtering on an “as is” and “as available” basis, without any warranties or guarantees of any kind; (iii) Content Filtering may not be suitable in situations where reliable data transmission or security is unavailable, and Content Filtering may not be interoperable with your hardware or software. Content filtering will only work when a Troomi device is within approved WiFi and cellular network locations. See section 2.3 on coverage. 

1.7 Limitations of Liability 

You agree that: (i) Troomi is not an insurer of Troomi Services, nor can it insure the accuracy of your information or the privacy or security of your Troomi Accounts; (ii) Troomi has no control over the acts and conduct of third parties; (iii) Troomi is not responsible for losses incurred as a result of your or a third-party’s use of your Troomi wireless number or other Troomi Service as a source of authentication or verification in connection with any social media, email, financial, cryptocurrency or other account; (iv) To the greatest extent permitted by law, Troomi is not liable for any reason to you, or any user or beneficiary of Troomi Services, for any indirect, incidental, special, consequential, treble, punitive, or exemplary damages, including but not limited to damages for personal injury; property damage; or loss of revenue, profits, business, goodwill, use, data, or other tangible or intangible losses (even if we’ve been told of the possibility of those damages) resulting from, for example: (a) use of Troomi Services (which includes equipment, software, and inside or outside wiring); (b) the performance or nonperformance of Troomi Services; (c) the actions or inaction of Troomi or its agents with respect to the provision or delivery of any Troomi Services or that relate to your Troomi Account or our relationship with you; (d) any action of a third-party, such as unauthorized access to your Troomi Accounts or Troomi Services (including the use of your Troomi Accounts or Troomi Services to access a third-party account); or (e) any alleged actions or representations, statements, promises, or agreements by Troomi that are not expressly set forth in this Agreement regarding the use, performance, suitability, safety, reliability, security, or any other aspect or attribute of Troomi Services; (f) To the greatest extent permitted by law, Troomi is not liable to you for any damages of any kind resulting in any way from: (g) the installation, maintenance, removal, or technical support of Troomi Services, even if the damage results from the ordinary negligence of our installer or other representative; (h) any unauthorized access to your Troomi Accounts or Troomi Services (including the use of your Troomi Accounts or Troomi Services to access a third-party account), even if the unauthorized access was the result of ordinary negligence by an Troomi employee, representative, agent, or any person or entity purporting to act on Troomi’s behalf; (i) any inability to reach 911, Emergency Contact, Suicide Hotline, or other emergency services, any alleged interference with alarm or medical monitoring signals, or any failure of alarm or medical monitoring signals to reach their intended monitoring stations; (j) the use, inability to use, or the lack of interoperability between Troomi Services and any third-party hardware, software, or service, even if charges for the third-party hardware, software, or service appear on your Troomi bill; (k) the loss of your information, such as missed or deleted voicemails, text messages, emails, pictures, files, that are typical or emergency in nature; or (l) any interruption, error, limitation, delay in any Troomi Service, or any other problem caused, in whole or in part, by you or something outside of our control, including, but not limited to, environmental conditions, emergency conditions, power or network outages, transmission errors, carrier outages, equipment damage or repairs, limits in system capacity, unavailability of radio frequency channels, governmental actions, labor disputes, riots, terrorism, or the acts of third parties.

To the greatest extent permitted by law, our total liability to you (under any legal theory) is a credit or refund that must not exceed the total amount of charges you paid us for the applicable Troomi Service during the shorter of (i) the preceding 3-month period or (ii) the period in which you experienced the issue giving rise to your claims. If you are disputing a charge on your bill, you must notify customer service or submit a notice of dispute to support@troomi.com within 90 days of the bill date.

To the greatest extent permitted by law, you must commence any legal action within one years of the date of the event or facts giving rise to the dispute or you waive the right to pursue that claim. 

Each of the limitations of liability in this Agreement will apply to claims you bring against third parties to the extent that we would be required to indemnify that third-party. If applicable law prohibits a limitation in this Agreement, all other limitations will apply to the greatest extent permitted by law. References in this Agreement to “Troomi” and “we” include our past, present, and future parents, subsidiaries, affiliates, and related entities, as well as Troomi’s and all of those entities’ officers, agents, employees, licensors, predecessors in interest, successors, and assigns. 

1.8 Indemnification 

To the fullest extent allowed by applicable law, you agree to release, hold harmless, indemnify, and defend Troomi (including our past, present, and future parents, subsidiaries, affiliates, and related entities, as well as Troomi’s and all of those entities’ officers, agents, employees, licensors, 

predecessors in interest, successors, and assigns) from any and all claims of any person or entity for damages, fines, penalties, or expenses of any nature arising out of or relating to, directly or indirectly: (i) Your or your Authorized Users’ access to, use of, or inability to access or use any Troomi Service; 

(ii) Any violation by you or your authorized users of this Agreement; (iii) Your or your authorized users’ violation of law (including negligence, willful misconduct, and infringement of anyone’s intellectual property rights); or (iv) Any other claim, demand, action, or complaint by any person or entity claiming by or through you or your authorized users that in any way arises out of or relates to this Agreement or any Troomi Service.

1.9 Privacy 

Privacy Notice. We take your privacy seriously. For more information about how we collect, use, and protect your personal information, including your location information, please see the Troomi Privacy Notice located at https://troomi.com/privacy-policy.

a) Use by Children. Children under the age of 13 should not be permitted to access Troomi Services unless allowed by an Account holder who is their legal guardian. By permitting a child to access an Troomi Service, you are giving your child access to all features (such as email, texts, and Device applications), the internet, and a broad range of third-party content. It is your sole responsibility to determine whether the features are appropriate for a minor. Troomi is not responsible for any content accessed by you or minors. In addition, Troomi does not guarantee the accuracy of any access controls available from Troomi, and you agree that you will not hold us liable for any loss or damage of any kind incurred as a result of the use of any such access controls. 

b) Data on your Device may automatically be stored on your SIM card, eSIM, Storage Device, Device or our network. Your data may remain on the Device even if your SIM card is removed; the data left on your Device will be accessible to others who use your Device, and may be deleted, altered, or transferred to our or our supplier’s network servers. If your SIM is removed or eSIM is deleted from your Device, you may lose any data contained within or linked to the eSIM or SIM. 

c) Customer Proprietary Network Information (“CPNI”) and/or Call Detail Record (CDR) is information that Troomi Wireless, and other telecommunications carriers, obtain when providing your telecommunications services to you. CPNI/CDR 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 name and address are not considered CPNI/CDR. Troomi may use CPNI/CDR to offer you additional services of the type you already purchase from Troomi. We may also use your CPNI/CDR to offer you products and services, packages, discounts and promotions from our affiliates, which may be different from the types of services you already purchase from Troomi. Troomi may use CPNI/CDR data to inform you of call, SMS, MMS, and data usage. CPNI/CDR data is only as accurate and reliable as is received from the carrier. Troomi is not liable for the timeliness or accuracy of CPNI/CDR.

1.10 Governing Law 

The law of the state Utah governs this Agreement, except to the extent that law is preempted by or inconsistent with applicable federal law. 

1.11 End User Licensing Terms 

If you connect to Troomi Services by using, downloading, or installing an application or other Software that we made available, whether directly or indirectly through vendors, your use of the Software is subject to this Agreement and any End User License Agreement (“Acceptable Use or Privacy Policy”) for the Software. 

a) Definition of Software: The term “Software” means the following: (i) any application related to the Services or this Agreement, including, without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation, and other components; (ii) any updates, modifications, or enhancements to it; and (iii) any specific Troomi or vendor web site to which the Software directs you via any browser. 

b) License Grant: Troomi (or for vendors’ Software, the vendor) remain the owner of the Software, which isn’t being sold to you. So long as you comply with the terms of this Agreement and any Acceptable Use or Privacy Policy provided with the Software, Troomi grants you a revocable, nonexclusive, nontransferable, limited right to install and use the

Software on a single computer or device that you own and control and to access and use the Software on such device. We’re not responsible for any material or content that you transmit, store, delete, record, or play using the Software. 

c) Restrictions on Use: You may use the Software only in strict adherence to the terms of this Agreement, the Acceptable Use or Privacy Policy, and the terms of any other agreements associated with your Device. You may not: (i) decompile, reverse engineer, disassemble, attempt to derive the source code of or decrypt the Software; (ii) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Software; (iii) violate any applicable laws, rules, or regulations in connection with your access or use of the Software; (iv) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Troomi, its suppliers, or the licensors of the Software; (v) other than resale by an Troomi-authorized reseller, use the Software for any revenue-generating endeavor or commercial enterprise other than the use of this Software to participate in our Services; (vi) use the Software for creating a product, Service, or software that is, directly or indirectly, competitive with or in any way a substitute for any Services, product, or software offered by us; (vii) use the Software to send automated queries to any web site or to send any unsolicited commercial email; or (viii) use any proprietary information or interfaces of Troomi or other intellectual property of Troomi in the design, development, manufacture, licensing, or distribution of any applications, accessories, or Devices for use with the Software.

d) Troomi prohibits the purchase and use of its hardware, software and/or services for reverse engineering, product roadmap analysis, and feature, function and processes analysis. Any use of Troomi’s products and services for these purposes will result in immediate termination and prosecution to the exten permitted by law in the state it is perpetrated. 

e) Export Limits: None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the U.S. 

Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce 

Department’s Table of Deny Orders. The Software and any underlying technology may not be exported outside the United States or to any foreign entity or “foreign person” as defined by U.S. government regulations, including without limitation, anyone who is not a citizen, national, or lawful permanent resident of the United States. 

1.12 Intellectual Property Rights 

a) Troomi IP. You agree that Software, Troomi Services, and Troomi Devices (“Troomi IP”) are protected by trademark, copyright, patent and intellectual property laws, and/or international treaty provisions. You also agree that the source and object code of Troomi IP and the format, directories, queries, algorithms, structure, and organization of Troomi IP are the intellectual property and proprietary and confidential information of Troomi, its suppliers, and its licensors. Except as expressly stated in this Agreement, you are not granted any intellectual property rights in or to Troomi IP by implication, estoppel, or other legal theory, and all rights in and to Troomi IP not expressly granted in this Agreement are hereby reserved and retained by us. Nor do you have any intellectual or other property rights in any information that we provide or use to deliver Troomi Services, such as any Account or phone numbers or email addresses assigned to you. 

b) Third-Party Software. Troomi IP may utilize or include third-party software that is subject to open source and third-party license terms (“Third-Party Software”). You acknowledge and agree that your right to use such Third-Party Software as part of the Services is subject to and is governed by the terms and conditions of the open source or third-party license applicable to such Third-Party Software, including, without limitation, any applicable acknowledgements, license terms, and disclaimers contained therein (“Third-Party Software Notices”) and including all posted changes to Third-Party Software Notices. In the event of a conflict between the terms of this Agreement and the terms of those licenses, the terms of those licenses will control your use of the relevant Third-Party Software. In no event will the Application or components thereof be deemed to be “open source” or “publicly available” software. You agree that your use of Troomi IP is subject to the terms of all Third-Party Software Notices. 

c) Troomi Marks. You agree that the Troomi names and their related logos and all related product and service names, design marks, and slogans are trademarks and service marks owned by and used under license from Troomi (the “Troomi Marks”). You are not authorized to use the Troomi Marks in any advertising, publicity, or in any other commercial manner without the prior written consent of Troomi, which may be withheld for any or no reason. 

1.13 Information, Content, Services, And Applications Provided By Third Parties 

WE ARE NOT A PUBLISHER OF THIRD-PARTY INFORMATION, APPLICATIONS, SERVICES, OR OTHER CONTENT AND WE ARE NOT RESPONSIBLE FOR ANY OPINIONS, ADVICE, 

STATEMENTS, OTHER INFORMATION, SERVICES, OR GOODS PROVIDED BY THIRD PARTIES. Troomi, its service providers, and its suppliers—in providing information, services, applications, content, or products—do not underwrite, or assume your risk in any manner whatsoever. You agree that your use of third-party information, applications, services, content, or products is at your own risk, for which we’re neither responsible nor warrant their safety, quality, or appropriateness and we do not provide customer service, repairs, or other support. 

Third-party content, app upgrades or service providers may impose additional charges. Any information you provide to third parties is governed by their policies or terms. 

Some services give you the ability to access, view, listen to, interact with, record, and/or store third-party audio and visual content (“Third-Party Content”). You understand that we don’t guarantee the access to or availability of any particular Third-Party Content, or the length of time any particular Third-Party Content may remain available. You also understand that Third-Party Content is the copyrighted material of the third-party that supplies it, is protected by copyright and other applicable laws, and may not be reproduced, published, broadcast, rewritten, or redistributed without the written permission of the third-party that supplied it, except to the extent allowed under the “fair use” provisions of the U.S. copyright laws or comparable provisions of foreign laws. You agree that we will have no liability to you, or to anyone else who uses your Troomi Account or your Troomi services, with regard to any Third-Party Content. 

We reserve the right in our sole discretion to restrict or deny access to any Third-Party Content or other third-party information, application, services, or products. 

If you visit any third-party website or application store, or download or use any content or applications from third parties, the third party may access, collect, use or disclose your personal information, or require the network carrier to disclose your information, including location information (when applicable) to the content or application provider, or another third party. When you use third party content or applications you agree and authorize Troomi Wireless and its network carrier to provide information to third parties related to such use. Troomi is not responsible for any transmission failure, interruption, or delay related to content or applications obtain from third parties or any content or website you may be able to access through the Device. 

1.14 Assignment and Third Parties 

Assignment. We may assign this Agreement or parts of this Agreement to any third party without your consent and without notice to you, but you cannot assign the Agreement or any rights or legal claims arising from it without our prior written permission. Upon any assignment of this Agreement by Troomi, all references in this Agreement to “Troomi” “we,” “us,” or “our” shall refer solely to the assignee of this Agreement and shall no longer refer to Troomi or its affiliates. From the date of an assignment by Troomi, we will no longer be your service provider and the assignee shall be responsible for providing your services. You acknowledge and agree that Troomi will have no liability or obligation to you if this Agreement is assigned by Troomi, and your recourse for any liabilities or obligations will be solely limited to the assignee of this Agreement. 

1.15 Third parties 

Except as stated in this Agreement, anyone who uses or benefits from your Troomi Services is not a third-party beneficiary who can enforce this Agreement against you, us, or anyone else. 

1.16 About this Agreement 

a) Your Ability to Contract. By agreeing, acknowledging, or signing any agreement or terms and conditions or otherwise activating, using, or paying for any Troomi Service – which constitutes acceptance of this Agreement – you’re confirming that you’re over the age of majority and have the capacity to enter into binding contracts. In addition, if you’re using 

Troomi Services on behalf of any entity, such as a corporation or other organization, you’re accepting this Agreement on that entity’s behalf. If that entity has separately entered into a business agreement with us, those business terms control. 

b) Changes to Agreement. We may add, modify, or delete any terms, conditions, rates, overage or fees for any Troomi Service at any time. We will provide you with notice of changes that are materially adverse to you (this does not include changes in fees or surcharges imposed by the government and passed onto you or changes to rates, fees, compliance or surcharges within limits set forth in this Agreement or any incorporated documents) by text, email, bill or message, text or other message, posting on the website for your Troomi Service, mail, or other method we deem practicable. We also may provide you with notice of non-material changes in our sole discretion. Your continued use or payment for Troomi Services after the effective date of the change means you have accepted the change. If we notify you of a materially adverse change concerning an Troomi Service during your Service , and if you don’t accept the change, you must cancel the 

Troomi Service within 14 days of the notice to avoid an early termination fee, if applicable. Continued use of the Troomi Service is your acceptance of any changes. 

c) Conflicting Terms. This Agreement supersedes any prior agreement between us regarding your Troomi Services. In the event of a conflict between this Agreement and an applicable Acceptable Use or Privacy Policy, this Agreement controls unless the Acceptable Use or Privacy Policy specifically states otherwise. The English version of this Agreement is the original one. If there is a conflict between it and any translated version, the English version controls. 

d) Severability. If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect. 

e) Survival. Although you or we can terminate this Agreement, some terms will continue to apply after termination. These terms include are all those who by their nature and by their explicit language are intended to continue beyond the termination of the Agreement. 

1.17 Entire Agreement 

This Agreement constitutes our entire agreement and supersedes any prior or contemporaneous agreements or understandings between us, either written or oral. This integration clause means that, to the greatest extent permitted by applicable law, you cannot rely on marketing materials or statements or promises by our employees or agents to modify the terms of this Agreement. 

1.18 Operational Limits/Force Majeure 

Our ability to provide Troomi Services to you is subject to the availability and the operational limitations of the equipment and associated facilities, including third-party networks that Troomi does not control. You understand and agree that temporary interruptions or delays of Troomi Services may occur, and that Troomi is not liable for them. In addition, we aren’t responsible for interruptions or delays caused by events outside our control, such as war, acts or threats of terrorism, civil disorder, labor strikes or disruptions, natural disasters (including fires, floods, earthquakes, and severe weather), medical epidemics, pandemics or outbreaks, destruction of network facilities or transportation infrastructure, or any other events beyond our reasonable control. 

1.19 Non-Waiver of Rights 

We may decide not to enforce rights or remedies under this Agreement in specific instances. That decision is not a waiver of any of our rights or remedies. 

  1. Troomi Wireless Service Terms 

2.1. Service Plan; Activation Period 

a) Your Service will operate only after you have purchased and activated a Troomi Wireless Service plan, and making the monthly subscription payment in a timely manner or; 

b) Service plans, including promotional plans, will be billed within 15 days following the date of purchase regardless of whether you have activated the phone. Devices may also be Activated within 15 days of purchase depending on the devices connectivity, and the requirements of the state in which you reside. 

2.2. Compatible Device 

You must use a supported, compatible Device to access the Troomi Service via the Troomi Wireless network. Only certain phones, tablet’s, and watches are supported Devices. Troomi will provide you with a list of supported Devices upon your request. Modems, bypass, gateways, automated relay devices and any other Devices used for commercial or re-direction purposes are not supported and violate our Acceptable Use Policy. SIM cards assigned to a device, cannot be moved to another non-Troomi device. Failure to use a supported, compatible Device when accessing our network will result in immediate throttling, or termination of your Service. 

2.3. Service Availability 

Coverage maps only approximate our anticipated wireless coverage area outdoors. Actual Service area, coverage and quality may vary and change without notice depending on a variety of factors including network capacity, terrain, geography and weather. Outages and interruptions in Service may occur, and speed of Service varies. Cell and WiFi service with buildings varies depending on the building type, density and construction material. You agree we are not liable for problems relating to Service availability or quality. Our services run on the AT&T network and correspond to their coverage and network speeds in those areas, and within the capabilities of your Device. In rare cases, 911, SOS, SuicideHotline services may not be available, due to the situations stated above, and are not within the control of Troomi or it partners and contractors. As with all cell services, you accept the risk caused by coverage limitations and quality. 

2.4. Important Emergency, 9-1-1, SOS, Suicide Holline Information and Emergency Alerts When making a 9-1-1 call, always state the nature of your emergency and provide both your location and phone number, as the operator may not automatically receive this information. Troomi is not responsible for failures to connect or complete 9-1-1 calls or if inaccurate location information is provided. 9-1-1 service may not be available or reliable and your ability to receive emergency services may be impeded. We, or our network supplier, may use a variety of information and methods to determine the location of a 9-1-1 call, including Global Positioning Satellites, our network supplier’s wireless network, the street address you have provided us as your primary use location (“Primary Address”), or other information. Even with this information, an emergency operator may not be able to locate you in order to provide emergency services. Other third-party entities are involved in connecting a 9-1-1 call and neither Troomi nor its network supplier determines the public safety agency to which your 9-1-1 call is routed. If you are porting or banning a phone number to or from us, we may not be able to provide you with some Services, such as 9-1-1 location services, while the port or ban is being implemented. If you are porting or banning a phone number to us, it is your obligation and responsibility to make certain that all information forwarded from the port out carrier is accurate and complete. If you dial 9-1-1 while outside the U.S., 9-1-1 services may not be available. Troomi is not liable for 9-1-1, SOS, Emergency, Suicide Hotline calls made from locations with no services. 

2.5. Compatible Device 

Your Service will operate only after you have purchased and activated a Troomi Wireless Service plan, and making the monthly subscription payment in a timely manner. Monthly subscriptions are due on the first of each month. 

2.6. GPS 

GPS accuracy and reliability can be affected by factors outside of Troomi’s control, such as signal strength, satellite availability, location of the Device and Device chip set combinations. If the Device is in shadowed areas like concrete or glass buildings or mountains, GPS accuracy may be limited. See 2.3 for more detail. Troomi has no liability for issues caused by delayed GPS reporting. 

2.7. Talk, SMS/MMS Texting and Data Usage Level 

a) Your Troomi Service plan for phones has the following features: (i) Unlimited Talk in the United States, Puerto Rico, and the US Virgin Islands; (ii) Unlimited SMS & MMS in the United States, Puerto Rico, and the US Virgin Islands, and to ~190+ countries. These countries are subject to change without notice; (iii) No Roaming Charges in the United States Puerto Rico and the Virgin Islands; (iv) Cellular data throttle to 128kbps after the cellular data limit for your plan is reached; (v) If your plan allows you to add data mid-cycle, you will be throttled to 128kbps until the additional data plan is purchased, at which time the highest speed available in your area and for your device will resume: (vi) No calling or data outside the US, without an international plan; (vii) AT&T 4G LTE, 5G, is supported most 

Troomi Devices (phones and watches) and is available in most areas in the United States, Puerto Rico and the US Virigin Islands. AT&T 5GmmWave (5G+) service requires a compatible plan and 5G+ device. 5G+ service is not available in most areas; it is available only in very limited parts of specific cities. See att.com/5Gforyou for details. The device will display a 5G+ coverage indicator when used in an area where 5G+ coverage is available. 5G+ service may be available outdoors within line-of-sight of the cell site only. Stream Saver may not be available on a 5G+ network. Troomi will provide the fastest speeds available for each Troomi device; (vii) During the overage/throttle period, you will be charged an overage fee of $4.95 per gigabyte for cellular data; (ix) Municipality, city, state and federal FCC and Sales tax is passed on to the subscriber’s address in the Parent 

Portal, and is similar to every other carrier. Calling and Data service to Canada, Mexico and countries outside the United States are not available through Troomi at this time. 

b) Phone plans can be migrated to another plan with more capability during the billing cycle. Plans cannot be downgraded until the beginning of the billing cycle. Watch plans can only be upgraded to phone plans at the beginning of the billing cycle. If your plan allows for the purchase of additional cellular data, this can be accommodate mid-billing cycle. 

c) Troomi is a partner with Samsung. Our phones are high quality, but come with the memory required by the average user. If you child uses above average memory, we highly recommend you purchase an SD card for your phone for the storage of images, video and large files. SD cards are available for you phone on Amazon or any Walmart. 

d) Carrier customer usage reporting is delivered in the form Custemer/Call Detail Report CDR. These reports are scheduled every three hours by the carrier, but can be deilverd 24-48 hours late. From time to time, your invoice may reflect usage from a previous month as a consequence of this carrier (AT&T) report slippage. Troomi reserves the right to bill for previous months usage on a current month bill to compensate for this carrier inconsistency. 

(e) Your Troomi Service plan for watches has the following features: (i) 400 Minutes Talk in the United States, Puerto Rico, and the US Virgin Islands; (ii) Unlimited SMS and MMS in the United States, Puerto Rico, and the US Virgin Islands, and to 190+ countries; (iii) No Roaming Charges in the United States, Puerto Rico and US Virgin Islands; (iv) Once the cellular data consumption reaches 200MB, data speed will be throttled to 128kbps, and an additional 50MB of data will be granted before the overage charge is triggered. After 400 minutes of talk and 250MB of data are reached, an overage charge is billed at a rate of $0.02 per megabyte and minute of usage an and will show on your invoice; (vi) No calling or data outside the US, Puerto Rico or the US Virgin Islands without an international plan. 

f) To provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance, we may take measures including temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth. If you use your data plan in a manner that could interfere with other customers’ service, affect our ability to allocate network capacity among customers, or degrade service quality for other customers, we may suspend, terminate, or restrict your data session, or switch you to a more appropriate data plan which may result in an increased cost. 

g) We also manage our network to facilitate the proper functioning of services that require consistent high speeds, such as video calling, and video and music streaming which may, particularly at times and in areas of network congestion, result in reduced speeds for other services. Additionally, Troomi and AT&T may implement other network management practices, such as caching data, using less capacity, sizing video more appropriately for a Device to transmit data files more efficiently, and deploying streaming video optimization technology. Video and music optimization technology is intended to manage data usage on the network, reduce the risk of stalling and buffering, and reduce the amount of high-speed data consumption used for streaming. Streaming video and music optimization improves reliability as well as makes room for other users to enjoy higher browsing speeds.Troomi recommends downloading video and music to the device for the ultimate in viewing and listening experience. 

(h) While most changes to streaming video files are likely to be indiscernible, the optimization process may minimally impact the appearance of the streaming video as displayed on your Device. These practices operate without regard to the content itself or the source of the content, and do not discriminate against offerings that might compete against those offered by us on the basis of such competition. 

2.8. HAC Ratings 

Troomi’s Samsung A Series wireless handsets demonstrate hearing aid compatibility by complying with technical standards from the American National Standards Institute (ANSI), which are 

periodically updated to account for new frequencies and technologies. The hearing aid compatible wireless devices offered by Troomi, AT&T, and Samsung phones meet either the 2011 ANSI Standard or the 2019 ANSI Standard. 2011 ANSI Standard. The 2011 ANSI Standard uses an M/T rating system to categorize a device’s ability to operate near a hearing aid without causing interference. The “M” part of the rating indicates the device’s ability to reduce interference to hearing aids operating in acoustic coupling mode. The “T” rating indicates the device’s ability to reduce interference to hearing aids operating in inductive coupling mode, in other words, with a telecoil. (Not all hearing aids have telecoils.) A device’s M and T ratings can run from 1 through 4. The higher the number, the less likely the device will cause interference when used near a hearing aid. A device that is hearing aid compatible under the 2011 ANSI Standard is rated M3 and T3 or better. 2019 ANSI Standard. Devices that meet the 2019 ANSI Standard for hearing aid compatibility do not have M or T ratings. They are simply labelled as “Hearing Aid Compatible” or “HAC,” which now means that they will operate at the equivalent of the M3/T3 rating or better. Devices that meet the 2019 ANSI Standard also include volume control capabilities that allow for sound levels sufficient for operation with and without a hearing aid.Hearing aids may also be measured for immunity to interference from wireless devices. Your hearing aid manufacturer or hearing health professional can help you find results for your hearing aid. The more immune your hearing aid, the less likely you are to experience interference noise from a wireless device. 

2.9. Protective Measures 

a) Call Protect Basic provides network-based and application-based features that help manage unwanted calls. AT&T Call Protect Basic: (a) automatically blocks calls AT&T determines to be fraud/scam using data analytics and network monitoring, as well as reports from customers, and (b) provides suspected spam alerts. This feature will be automatically activated for you, and you may not opt out. Call Protect Basic is most useful when you allow your child to call and text with Non-Contacts on the Troomi Contact List. Troomi recommends that you leverage its Contact List to manage who your child can and cannot interact with via phone calls and text. 

b) Device Requirements for Call Protect Basic: Each line requires a compatible phone which is determined by Troomi. Smartphones sold by other carriers or direct from Device manufacturers will NOT be compatible. 

c) All Troomi plans protect your child from receiving and sending texts and phone calls from non-approved people if and only if you are managing the Troomi Contact List responsibly. 

Regardless, Troomi is not responsible for any actions taken by any individuals on your Contact List through phone calls, email, MMS, SMS, a SafeListed web site, or a Troomi curated or non-curated app. The Troomi Contact List and SafeListing are features specific to Troomi Devices and the best way to protect your child from unwanted contact from unknown persons. We reasonable efforts to insure the apps you select for your child are safe, however, app providers can change their apps without notice. If you suspect an app is unsafe, please turn it off for your child, and notify us immediately. 

2.10. Fees 

a) Taxes, Fees and Surcharges. You are responsible for, and shall pay, the FCC taxes, sales tax, and surcharges in connection with your Service account (“Fees”). Such Fees will be included in your Service account charges (i) at the time you order the Service and (ii) each time there are any further charges to your Service account. Payment of Fees is in addition to payment for the Service and will be billed to your credit card. Tax, FCC compliance, use fees, overage and surcharges are common for telecommunication services within the United States, Puerto Rico and the US Virgin Islands. If you see any excessive charges that don’t match with your service plan, it is your responsibility to contact us immediately. 

b) All Troomi fees are invoiced and billed via Credit Card. Troomi does not accept payment by any other method at this time. 

c) Sales, Use, and Compliance Taxes. Each state, city, municipality, or county has specific charges that are levied for telecommunications services. Sales, use and compliance taxes are assessed to allow Troomi Wireless to recover the cost of all federal, state, municipal, local or other governmental sales and use taxes now in force or enacted in the future, that arise as a result of your subscription to, use of, or payment for Troomi Wireless Service. To determine sales and use taxes, we will use the street address you identified as your Place of Primary Use (“PPU”). The PPU for Puerto Rico must be in Puerto Rico. If you did not identify the correct PPU, or if you provided an address (such as a PO box) that is not a recognized street address, does not identify the applicable taxing jurisdictions or does not reflect the Service area associated with your telephone number, you may be assigned a default location for tax purposes. In the event of a disputed tax jurisdiction location being assigned, any tax refund must be requested within sixty (60) days of our notification to you that the tax has been assessed. Each city, county and state may charge different compliance, sales tax, and usage fees based on where a devices is primarily located. 

These fees are labeled on your Troomi invoice. 

d) 9-1-1 Fees. Each state, city, municipality, or county has specific charges that are levied for access to 9-1-1. Determination of the applicable 9-1-1 charges depends on where you purchase Troomi Service. Troomi may bill its customers for 9-1-1 charges. Any such 9-1-1 charges are a monthly recurring charge assessed on a per line basis and will appear on your monthly invoice. 

e) The federal government charges for interstate and intrastate usage base on the percentage of each. These fees are determined by the federal government’s USAC agency and will show on your monthly invoice. 

f) Charges. You agree to pay all charges we bill you or that were accepted or processed through your Device. All Troomi plans are measured on a 30-day cycle, beginning on the 1st of every month. We will offer you the opportunity to set up automatic payments through the method of payment on your account being automatically charged at the end of your applicable billing cycle (“Auto Renew”). When you enroll in Auto Renew, automatic payments for plan fees that you incur will continue until you cancel. The recurring charge may vary if you change your plan, move your primary residence, compliance or sales tax rates change, or we change our prices. You may cancel Auto Renew or review your payment preferences at any time by (i) contacting our customer service department at (866) 545-4222, or (ii) managing your account preferences on the Troomi Wireless Parent Portal website. You must change your Auto Renew preferences or cancel 72 hours prior to the end of your billing cycle in order for the change to go into effect. No minimum purchase is necessary to enroll in Auto Renew. You agree to provide us with accurate and complete billing information and to immediately report to us all changes to your billing information. 

2.11. Refunds; Cancellation or Termination of Service Plans and Payment Plans 

Subject to our Refund Policy as described below, you may cancel or we may terminate any Service plan that you purchase from us at any time; provided that, except as otherwise required by applicable law and our refund policy, you will not receive any refund of amounts paid to us in connection with any such Service plan whether canceled by you or terminated by us. 

a) Charges & Refunds. Troomi offers a 30-day money back guarantee. If you are unsatisfied with your service for any reason, you may cancel your service within 30 days of purchase and receive a refund for the cost of your phone—minus shipping costs—if it is returned in good working condition. If your phone is broken or otherwise damaged, you will receive a refund of the cost of your phone minus any repair fees. If the phone has not been activated, we will refund the cost of the phone, payment plan, activation fee, plan, and warranty. If the phone has been activated, we will refund the cost of the phone only. Shipping fees are non-refundable. Refunds can will be made via credit cards agains the card that was used for a specific purchase. Troomi does not issue refunds by issuing checks, wires, or money transfers of any kind. 

b) Suspension and Cancellation. If your account is deactivated due to nonpayment, your account will be in a suspended status for 60 days. If your account is not reactivated within the 60-day period, it will be canceled. If your account is canceled, your remaining balance will be forfeited and we may reassign the phone number associated with your account. If you wish to port to a different carrier, you must have an active account. If you do not reactivate within 60 days Troomi cannot guarantee you will be able to keep your phone number. AT&T recycles phone numbers and you may have to get a new phone number for your child. 

c) Transferring Your Troomi Phone. If desired, you may give or sell your Troomi phone to someone else. You may also purchase or receive a Troomi phone from a previous user. If you purchase or receive a Troomi phone from a previous user, please contact customer support at (866) 545-4222 to properly activate the Device for your use. Standard porting or banning fees may apply. 

d) Termination of Service Plans. You can terminate your Troomi phone service plan at any time. Upon cancellation, you will be billed for the full remaining month in which you cancel. 

Billing cycles renew on the seventh day of each month. If you choose to terminate your Troomi phone service plan, your Troomi phone cannot be used with other wireless carriers or networks. Troomi phones will not work unless used with Troomi phone service plans. If desired, you may give or sell your Troomi phone to someone else. The recipient or buyer of your Troomi phone will be able to use the phone once they’ve become a Troomi customer, and activated the phone in their name and account. 

e) Effect of Termination. Within five (5) business days after the effective date of termination or expiration of your Troomi monthly contract for any reason whatsoever, you agree to pay Troomi all Fees (including all remaining Minimum monthly Fees for the total duration of the contract and or outstanding phone payments). Unless the Parties agree otherwise in writing, termination, or expiration of this Agreement for any reason whatsoever will also serve to terminate all attachments. 

f) Lost or Stolen Devices. You agree to notify us if your Device is lost or stolen. Once you notify us, we will suspend your Service. After your Service is suspended, you will not be responsible for additional usage charges incurred in excess of your Service plan charges, and applicable taxes and surcharges. If you request that we not suspend your Service, you will remain responsible for all usage and charges incurred and applicable taxes and surcharges. We may prevent a lost or stolen Device from registering on any network. Troomi is not responsible for Device replacement costs on a lost or stolen Device. 

g) Pin Locked Phones. Forgotten PINs (this includes Patterns and Passwords) are not stored by Troomi and cannot be recovered. If you or your child forgets the PIN for your Troomi phone, Troomi has to use a certified facility to unlock the phone, which can only be done by resetting the phone back to its original state, thereby erasing all of your settings, photos, and information. We recommend you purchase an SD Card and back up your phone to that media. Troomi reserves the right to charge for providing this service. The shipping and handling to process reset your phone is $49.95 fee and you will receive a replacement 

Device within 3-7 business days after paying the fee. If you or your child sets a PIN – KEEP IT IN A SAFE PLACE. You can restrict your child from accessing the Settings where a PIN is managed if you want to restrict a child from setting a password or pattern. 

h) Our Rights to Limit or End the Service or the Agreement. WE MAY LIMIT, THROTTLE, SUSPEND OR TERMINATE YOUR SERVICE OR AGREEMENT WITHOUT NOTICE AT ANY TIME AND FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, if you, any user of your Device, or any user on your account: (a) breaches the Agreement; (b) transfer(s) Service to another person without our consent; (c) becomes insolvent, goes bankrupt or threatens bankruptcy (except as prohibited by law); (d) misuses your Service or Device as described above; (e) uses your Service or Device in a manner that is excessive, unusually burdensome, or unprofitable to us; or (f) are on a Service plan that we determine is no longer available to you. We may impose credit, usage or other limits to your Service, suspend your Service, or block certain types of calls, messages or sessions (such as international, 10XXX, 0+/0-, chat services, 900 or 976 calls), at our sole discretion and without notice. Troomi reserves the right to cancel or deactivate Troomi Wireless or reduce data throughput speeds in order to protect its supplier’s network from harm or to protect itself from financial or other harm due to any cause including, without limitation, the excessive and/or unauthorized use of Troomi Service. Troomi Wireless reserves the right to limit throughput or the amount of data transferred and to deny or terminate Service to anyone Troomi believes is using the Troomi Service in an unauthorized manner or whose usage, in Troomi’s sole discretion, adversely impacts its supplier’s network or customer service levels. Troomi will presume you are engaging in an unauthorized use in violation of these terms if in Troomi Wireless’s sole discretion, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, or if your talk, text or data usage is harmful or disruptive to Troomi’s supplier’s network or service levels or to Troomi’s financial or other interests. If we determine, in our sole discretion, that you are using your Service in violation of these T&Cs or in any other manner that we deem to be unreasonable or excessive, we may terminate individual calls or data connections, terminate or reduce data throughput or terminate your Service, decline to renew your Service, or offer you a different Service plan without an unlimited usage component which may result in an increased cost to you. 

i) Troomi may discontinue providing the Service to you, discontinue your account, terminate data connections and/or reduce data throughput speeds if your usage, in the sole judgment of Troomi: (a) appears likely to generate abnormally high call volumes or data usage and/or abnormally long average call lengths or data usage as compared to the usage of other 

Troomi customers; or (b) may be harmful or disruptive to, or interfere with, Troomi’s supplier’s network, Troomi’s service or the ability to provide quality service to other customers. By initiating Troomi Service and placing or receiving calls, you acknowledge and agree to Troomi’s right to terminate your Service under these circumstances.

j) No Future Service. In the event Troomi terminates your Service for any reason specified above or otherwise, we reserve the right to deny selling you any Troomi Service plan in the future and/or by blocking your Device from our network, prohibiting you from using a new Troomi Service account that you purchase, or through other means. 

k) Failure to Complete Payments on Payment Plan. If you cancel your contract with us, and you have purchased the phone on a payment plan and you opt not to make the remaining payment due on your selected payment plan, you will still be financially liable for all remaining phone payment charges and any remaining phone plan charges. If you do not wish to continue paying for the phone payment plan after the initial or second installment, you can return the phone, charger, USB cable. Troomi will not return the initial payment, but you will not be charged for the remaining payments in the payment plan as long as the Device is in satisfactory condition and can be refurbished to Troomi standards. 

l) You will be responsible to replace or repair broken or otherwise damaged Devices. If you opt not to return the phone to Troomi, you will be billed and financially responsible for the following items: (i) the full amount of the phone and the payment plan you purchased; (ii)USB cable; (iii) Charger; (iv) Any other charges as applicable, such as Phone cases and screen protector charges.

m) Removal of Troomi OS. In order to have the Troomi OS removed from your Device, all outstanding balances must be paid. Promotional codes or sales at the time of purchase will not impact the amount due. All payments on financed Devices must be completed and there can be no balance due on the Device. There is a $29.95 processing charge for removal of the Troomi OS. 

  1. Troomi Wireless Services and Warranty Definitions 

3.1. “We”, “Us” and “Our” shall mean the provider of this Warranty Service Plan, Troomi Wireless, Inc. located at 719 Timpanogos Parkway, Suite M3100, Orem, UT 84097, telephone number 

1-866-545-4222. “You”, “Your” shall mean the customer or the entity to whom this Service Plan was properly transferred in accordance with these Terms and Conditions. 

3.2. Administrator: Administrator refers to the entity responsible for managing the services outlined in this Service Plan and the entity responsible for fulfillment of the terms and conditions of this Service Plan. 

3.3. Coverage Price: Price refers to the amount paid by You for this Service Plan, which is defined by your plan. Prices are different for watches and phones, and are subject to change at Troomi’s discretion. 

3.4. Coverage Start Date and Term: This is the date when coverage starts under this Service Plan. This is the date you purchased your plan, which is prorated to the first day of the next month. Thereafter the term is month to month starting on the first day of each month. 

3.5. Warranty Coverage Terms: This is the years of coverage for your entitled device or product. Cell phones, and watches come with a one year factory warranty as specified by each manufactur. Refurbished devices also have a one year warranty, unless and extended Toomi warranty is purchased. Extended warranties can be purchased from Troomi at the time of purchase or after paying for a repair not under warranty. 

3.6. Replacement Devices and Devices Covered: Troomi honors all factory warranties for approved devices. Replacement devices may or may not be the device that was sent in for repair. Troomi will replace your warrantied device with a device of equal or superior functions and features. It is your responsibility to back up your personal data such as pictures, videos, music files etc. to an SD card or a cloud service of your choice prior to sending you phone in for repair. Troomi does back up and replace your Troomi OS settings, contact list, SafeLists, etc.

3.7. Failure: The failure of Your Device to perform its intended function due to mechanical or electrical breakdown resulting from defects in materials or workmanship during normal usage of Your Product. 

3.8. 60-Day Window to Purchase Device Warranty: You will have 60 days from the date of your initial Device purchase to add a warranty plan to your Device. After 60 days, you will not be able to add a warranty plan. The warranty plan can be added via the Parent Portal and will be billed on a monthly basis. Warranty plans can also be added after you have a device repaired by Troomi, that is not under warranty, as long as Troomi does the repairs and certifies the device. 

3.9. Deductible: Each time a phone repair or replacement is processed and completed, there will be a non-refundable $24.95 deductible fee to cover to and from shipping and handling expenses related to the repair or replacement incident. This fee will only be charged for phones that require repair or replacement. If your repair is not covered by the warranty and falls into 3.12 “What Is Not Covered,” category, you will be required to pay the cost of repair or replacement, and the $24.95 will be applied to your replacement and/or repair. 

3.10. You are required to return your phone to Troomi with the shipping label that has been issued to you, unless the phone is a Samsung Galaxy A12. If you have questions about your shipping label, please call the Experience Desk at 1-866-545-4222. If you opt not to return the phone within 15 days to Troomi, you will be billed $49.95 for the phone. Once Troomi has received the phone, your $49.95 will be refunded to the credit card it was charged to. If the damages to your phone are not covered by your Troomi warranty as described herein, you will be responsible for those charges when they exceed $49.95. See 3.12 below. 

3.11. Coverages and Terms: This Service Plan is not an insurance policy. This Service Plan will cover a mechanical or electrical failure of the Entitled Devices during normal usage for the Term of this Service Plan. This Service Plan is inclusive of any manufacturer’s warranty that may exist during the Coverage Term. It does not replace the manufacturer’s warranty, but provides certain additional benefits during the term of the manufacturer’s warranty. Replacement parts will be new, refurbished or non-original manufacturer’s parts that perform to the factory specifications of the product at Troomi’s sole option. 

Troomi’s extended warranty DOES PROVIDE COVERAGE FOR THE FOLLOWING INCLUDING PARTS AND LABOR under the following conditions during normal usage of the phone: (i) Accidental damage from dropping the phone or pressing on the screen with excessive force that results in a broken or cracked front or back screens/panels, unless the extent of the damage affects the motherboard or electronics; (ii) If battery capacity falls below 80% of rated capacity (meaning if the battery will not charge beyond 80%) or if the battery leaks after the first year. (iii) Damaged or defective buttons or connectivity ports located on Entitled Devices; (iv) Defective or broken SIM cards; (v) Defective pixels when there are at least three (3) defective pixels throughout the entire display area; (vi) Defects in materials or workmanship; (vii) Defects in microphones and speakers; (viii) Defective phone manufacturer chargers and cords; (ix) Operational failure resulting from a power surge while properly connected to a surge protector; (x) Defects to USB or USB-c charging ports; (xi) any damages caused during shipping from Troomi repair facilities to your place of residence. 

3.12. What is Not Covered: This Service plan does not cover: (i) Forgotten PINs (this includes patterns and passwords) are not stored by Troomi and cannot be recovered; (ii) Defects or damage caused by abnormal use, abnormal conditions, improper storage, neglect, or unusual physical, electrical or electromechanical stress; (iii) Defects or damage caused by exposure to liquid, moisture, dampness, weather conditions, sand, dust, dirt, or excessive temperatures that is inconsistent with the 

specifications and instructions applicable to the Product according to the user manual and the applicable terms and conditions; (iv) Scratches, dents and cosmetic damage; (v) Protection against theft, loss, reckless, or abusive conduct associated with handling and use of the product, or damage caused during shipment between you and our authorized service facility; (vi) Equipment that has the serial number or the enhancement data code removed, defaced, damaged, altered or made illegible; 

(vii) Ordinary wear and tear; except for the conditions laid out in Section 3.4 of these terms; Defects or damage caused by the use of accessories, products, or ancillary/peripheral equipment not furnished or approved by Samsung; (viii) Defects or damage caused by improper testing, reverse engineering, operation, maintenance, software installation, repair service or parts, or adjustment not furnished or authorized by Troomi; (ix) Defects or damage caused by a user’s bypassing security controls to gain unauthorized root access or by rooting devices with unauthorized or altered operating system software installed by a user or third-party; (xi) Defects or damage resulting from external causes such as collision with an object, fire, flooding, windstorm, lightning, earthquake, theft, blown fuse, or improper use of any electrical source; (xii) Defects or damage caused by cellular signal reception or transmission, or viruses or other software problems introduced not authorized by Troomi; (xiii) We do not cover third party screen protectors, cases, and other accessories beyond the manufacturer’s warranty; (xiv) We do not cover broken or defective SD cards that may have been added by the customer; (xv) For batteries that fall below 80% of rated capacity or that leak, this Service Plan does not cover any battery if the diminished battery capacity or leak is caused by: (z) The use of a third-party battery charger which does not meet Samsung’s specifications or has not been specifically approved by Samsung for charging the battery; (y) Tampering, as evidenced by, for example, a broken seal or seals on the battery; (x) The use of the battery in equipment other than the Samsung device for which it is specified; (v) The battery was subjected to external forces beyond normal use; or (xvi) Battery repair not furnished or approved by Samsung. 

3.13. What to do if an Entitled Device Requires Service: Service Requests are submitted to us by contacting Troomi Support via phone at 1-866-545-4222 or via email at support@troomi.com

3.14. Additional Limit of Liability for Warranty Service Plan: TROOMI SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST DATA RESULTING FROM THE FAILURE OF ANY PRODUCT OR EQUIPMENT, DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE, PROPERTY DAMAGE, LOST TIME, LOST PROFITS, LOSS OF BUSINESS OR FOR OTHER PUNITIVE, SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES. TROOMI’S MAXIMUM LIABILITY FOR DIRECT DAMAGES, IF ANY, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE SERVICE PLAN PRICE. 

3.15. Exclusive Remedy: TROOMI’S SOLE OBLIGATION AND YOUR SOLE REMEDY UNDER YOUR SERVICE PLAN IS THAT TROOMI WILL REPAIR TO GOOD WORKING ORDER OR REPLACE ANY ENTITLED DEVICE THAT DOES NOT FUNCTION IN ACCORDANCE WITH THE 

MANUFACTURERS SPECIFICATIONS WHETHER YOUR CLAIM IS STATED IN CONTRACT OR TORT OR OTHERWISE. 

3.16. Entire Agreement: Unless amended by State or Territory Specific Provisions, this Service Plan sets forth the entire contract between the parties with regard to its subject matter. This Service Plan may only be modified by a written amendment signed by all parties to this Service Plan. 

3.17. Cancelation: You can cancel this service plan at any time. You agree to pay the full monthly cost for the Service Plan through the end of the month in which You cancel the Service Plan. Once cancelled, the warranty covered by the service plan is voided, unless it device is covered by the manufactures warranty. 

3.18. Renewal: This Service Plan renews every month with your payment of the Coverage Plan Price unless canceled either by you or Troomi during the Coverage Term. 

3.19. Plan Transferability:Troomi Service Plans, including this Warranty Service Plan, are not transferable to any other person or entity, without the person accepting the transfer having appropriate Troomi service. 

3.20. This acceptable use policy covers the products, services, and technologies (collectively referred to as the “Products”) provided by Troomi Wireless under any ongoing agreement. It’s designed to protect us, our customers, and the general Internet community from unethical, irresponsible, and illegal activity. 

3.21. Troomi Wireless customers found engaging in activities prohibited by this acceptable use policy can be liable for service suspension and account termination. In extreme cases, we may be legally obliged to report such customers to the relevant author

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