Terms and Conditions
Terms and Conditions
Please read these T&Cs carefully. They cover important information about our services provided to you (“Service”); and any access and usage charges, taxes, fees, assessments, and other charges we bill you or that were accepted or processed through your Device (“Charges”). These T&Cs include terms regarding service plan changes and late payments, limitations of liability, and privacy.
You and any authorized users on your account will have access to account information and may be able to make changes to the account. If you give your personal account validation information to someone, they can access and make changes to your account. Those changes will be binding on you. Authorized changes may require your agreement to new T&Cs.
Your agreement with Troomi Wireless starts when you accept these T&Cs during the purchase and activation process by paying monthly fees for Troomi’s services. 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.
2. Activation Period
All service plans, including promotional plans, will be activated within 15 days following the date of purchase. Activation begins the billing period.
3.1 Compatible Devices
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 Wireless 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 Devices and violate our Acceptable Use Policy. Failure to use a supported, compatible Device when accessing our network will result in immediate termination of your Service.
3.2 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 that Troomi has no control over. 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 areas.
3.3 Important Emergency and 9-1-1 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 Wireless 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 Wireless nor its network supplier determines the public safety agency to which your 9-1-1 call is routed. If you are porting 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 is being implemented. If you are porting 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.
3.4 Service Plans
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
GPS accuracy and reliability can be affected by things outside of Troomi’s control, such as signal strength, satellite availability and location of the device. If the device is in shadowed areas like concrete buildings or mountains, GPS accuracy may be limited.
4. Fair Use Policy
The following applies to usage on device Connectivity (service bundles):
Gaming and Gambling website/application usage is not permitted. Video calling may be directed to Wifi. All video streaming and the majority of Troomi 3rd party apps only run on Wifi. There are exceptions to these, examples include, but not limited to certain GPS, Calendar apps.
The offering is not suitable for business usage (remote working VIA VPN services etc.)
Downloading or copying and or backup of files to cloud based storage of more than 1GB may result in a temporary reduction of speed on your service. Backing up to an SD card is highly recommended.
Customers must not use (strictly forbidden) the Troomi Wireless service for any of the following:
- Bulk machine-to-machine applications.Continuous streaming of content (for example to replace a fixed line or video service).
- Sim farms.
- Any device tethering to any Troomi connected device is not allowed. Tethering is allowed when a Troomi device tethers to another device, other than another Troomi device.
- Any activity that causes adverse impact on other Troomi Wireless customers, network or brand.
- Calling outside the US, Canada and Mexico
All usage is subject to periodic volume reviews and Troomi Wireless reserves the right to limit or regulate the volume of usage where there is evidence of continuing excessive usage. Troomi Wireless’s actions in this regard may include taking measures such as temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth, per the attached rate card. We may also suspend, terminate, or restrict your data session, service plan, or service if you use your data plan usage in a manner that interferes with our other customers’ service, our ability to allocate network capacity among customers, or that otherwise may degrade service quality for other customers. Before such action is taken, Troomi Wireless will contact you within ten (10) days of the incident and work in good faith to resolve the issue.
If Troomi Wireless has reason to believe that any of this policy is not being observed Troomi Wireless reserves the right to:
- Apply additional charges.
- Regulate speed of Service.
- Terminate access to the Service, per the Termination and Separations clauses herein
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WITH RESPECT TO THE CONNECTED DEVICES SIMS AND SERVICES., YOU SHALL PAY TROOMI WIRELESS FOR THE SUBSCRIPTION SERVICE(S)PRIOR TO DELIVERY AND ACTIVATION OF SAME. YOU FURTHER UNDERSTAND, ACKNOWLEDGE AND AGREE THAT UNLESS AND UNTIL TROOMI WIRELESS IS PAID FOR THE COSTS OF THE PHYSICAL UNITS – UNLESS THEY ARE PART OF A PAYMENT PLAN – TROOMI WIRELESS WILL NOT ACTIVATE ANY CONNECTION UNITS FOR PURPOSES OF DELIVERING THE SERVICES AND SHALL HAVE NO LIABILITY TO CLIENT FOR ANY SUCH DELAYS ASSOCIATED THEREWITH. THEREAFTER, YOU FURTHER UNDERSTAND, ACKNOWLEDGE AND AGREE THAT NO SERVICE OR DEVICE WILL REMAIN CONNECTED UNLESS EACH SUBSEQUENT MONTHS INVOICE IS PAID IN AGREEMENT WITH YOUR CONTRACT WITH TROOMI.
4.1 Permissible and Prohibited Uses
Your Troomi Service Plan is intended for talk, messaging, GPS, WiFi app usage, and similar activities on your Device and not on any other equipment. Other uses, including for example, using your Device as a modem or tethering your Device to a personal computer or other hardware, are not permitted. Examples of prohibited uses can be found in Section 14 of these T&Cs and in our Acceptable Use Policy.
4.2 Misuse of Service or Device
By activating or renewing Troomi Wireless Service with Troomi Wireless, you agree that you do so because you want Troomi Wireless Service from Troomi Wireless for and behalf of an individual (typically between the ages of 5-18 years old) and not for any other purposes. Troomi Wireless Service plans may only be used for the following purposes (and your use of Troomi Wireless Service must be initiated from your supported, compatible Device.):
- voice calls between two individuals;
- text and picture messaging; and
- internet browsing and ordinary content downloads.
- access to specific apps as allowed by Troomi
- GPS phone location services
You agree not to misuse the Service or Device, including but not limited to:
- reselling or re-billing our Service;
- using the Service or Device to engage in unlawful activity, or in conduct that adversely affects our customers, employees, business, or any other person(s), or that interferes with our operations, network, reputation, or ability to provide quality service, including but not limited to the generation or dissemination of viruses, malware or “denial of service” attacks, stalking, bullying, phishing, harassment, or preditorization.,
- using the Service as a substitute or backup for private lines or dedicated data connections;
- using the Service for continuous, mobile to mobile or mobile to landline voice calls or data transfers
- using the Service for automated or forwarding talk, text or picture messaging to another mobile device or email address;
- uploading, downloading or streaming of live or continuous video or audio;
- tampering with or modifying your Troomi Wireless Device;
- “spamming” or engaging in other abusive or unsolicited communications, or any other mass, automated voice or data communication for commercial or marketing purposes;
- reselling Troomi Wireless Devices for profit, or tampering with, reprogramming or altering Troomi Wireless Devices for the purpose of reselling the Troomi Wireless Device;
- using the Service in connection with server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections, voice or SMS relay, or peer-to-peer (P2P) file-sharing;
- accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, Troomi Wireless’s or another entity’s network or KidSmart OS systems;
- running software or other devices that maintain continuously active Internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions (e.g., using a Service plan for Web broadcasting, operating servers, telemetry devices and/or supervisory control and data acquisition devices);
- Backward engineering Troomi proprietary networks, software, or services;
- using the Service to relay voice calls or text and picture messages not originated from the Device; or
- assisting or facilitating anyone else in any of the above activities. You agree that you will not install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater or signal booster) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal. Voice services may not be used for monitoring services, data transmission, transmission of broadcasts, transmission of recorded material, relay services, interconnection to other networks, telemarketing activity, autodialed calls or robocalls.
4.3 Talk, SMS/MMS Texting and Data Usage Level
- Your Troomi service plan has unlimited talk, SMS/MMS texting. Our unlimited Voice Service is provided primarily for live dialogue between individuals. If your use of unlimited Voice Service for call forwarding, conference calling or purposes other than live dialogue between individuals exceeds 1,000 minutes per month, Troomi may terminate your Service or change you to a rate plan with no unlimited voice usage components. Our unlimited Voice Service may not be used for any other commercial purposes, including, but not limited to: (1) maintaining an open line to provide dispatch or monitoring services; (2) accessing or remote call forwarding to multi-party chat line services; (3) transmitting broadcasts or pre-recorded materials; or (4) telemarketing.
Generally, one text message equals 160 characters; however, text messages that include special characters, like emojis or non-Latin alphabet characters may be limited to 70 characters. Text messages that exceed the character limit will be calculated as multiple individual messages according to your rate plan. Messaging Service can deliver video and pictures messages (MMS) up to only 1MB in size. Troomi reserves the right to change the message size limit at any time. Messages are calculated by each part of messages that you send or receive in multiple parts.
- Troomi Wireless has set a 30-day 4G, 4G LTE and 5G data usage level (“Usage Level”) for each of the Troomi Wireless Service plans (see section 7.4). Our network supplier measures your upload and download data usage (“Actual Usage”) to determine if your total Actual Usage, as aggregated over the applicable 30-day period (“Usage Total”), exceeds the 30-day 4G, 4G LTE and 5G Usage Level for the Service plan you selected. Please note that “Actual Usage” includes all of your requests to upload or download data, whether or not such data is actually uploaded or downloaded, as well as network overhead. For example, if you request that an image be downloaded to your Device, but travel outside of your network coverage area before the download is complete, such request will be included in your Actual Usage even though the image was never downloaded to your Device. If you purchased a Service plan in a 30-day Service period and you exceed your Service plan’s 30-day Usage Level for high-speed data, Troomi Wireless will reduce the data speeds to 128 kbps until the end of the applicable 30-day period. If you purchased a Service plan that includes unlimited data and you exceed your Service plan’s 30-day Usage Level of 300 highspeed and 700 throttled to 128kbps. Troomi Wireless will reduce the speed at which you can send and receive data over the Troomi Wireless network to 128 kbps until the end of the applicable 30-day period after you exceed 300MB. Once you begin a new 30-day period in your Service plan, your Service plan Usage Level will be reset and your upload and download speeds will be restored. Please be aware that your Usage Level is much more likely to exceed your Service plan’s 30-day Usage Level if you engage in high-bandwidth activities. Data Overage rate of $5 per gigabyte applies per user after 1GB per user.
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, prioritize on-Device over Mobile HotSpot (tethering) traffic, or switch you to a more appropriate Data Plan which may result in an increased cost. We also manage our network to facilitate the proper functioning of services that require consistent high speeds, such as video calling, which may, particularly at times and in areas of network congestion, result in reduced speeds for other services. Additionally, we may implement other network management practices, such as caching less data, using less capacity, sizing video more appropriately for a Device to transmit data files more efficiently, and deploying streaming video optimization technology. Streaming video optimization technology is intended to manage data usage on the network, reduce the risk of streaming video stalling and buffering, and reduce the amount of high-speed data consumption used for streaming video. Streaming video optimization improves streaming video reliability as well as makes room for other users to enjoy higher browsing speeds. The streaming video optimization process is agnostic as to the streaming video content itself and to the website that provides it, however, we may prioritize on-Device data over Mobile HotSpot (tethering) data. 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.
4.4 Protective Measures
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 cannot be opted out of.Individual contact settings are set for each user in the Troomi Parent Portal.
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.
All Troomi plans protect you from outside contact unless you safelist a number, email, app or internet site. Troomi is not responsible for any actions taken by any safelisted contacts through email, MMS, SMS, an app or the internet. Safelisting is a feature specific to Troomi devices and the best way to truly protect yourself from unwanted contact from unknown persons. We make every effort 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.
We make no warranty, express or implied, of merchantability or fitness for a particular purpose, suitability, accuracy, security, or performance regarding any Device, Wireless Service, Software or applications. Because of inherent limitations in wireless communications, and because we cannot control your choice or use of wireless Devices, Device configurations, app choices, website choices – even within our limited selection – to the maximum extent permitted by law, in no event will Troomi be liable, for any:
- act or omission of a third party we do not control;
- 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;
- damage or injury caused by interruptions, failures to transmit, or delays in the Wireless Service provided by or through us;
- damage or injury caused by your use of Wireless Service provided by us while you are operating a vehicle;
- claims against you by third parties;
- unauthorized access to your Device, Wireless Service, or Troomi Account;
- damage or injury caused by a suspension or termination of Wireless Service by Troomi; or
- damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service.
5.1 Taxes, Fees and Surcharges
You are responsible for, and shall pay, the taxes, fees and surcharges in connection with your Service account. Such Taxes, Fees and Surcharges will be included in your Service account charges (a) at the time you order the Service and (b) each time there are any further charges to your Service account. Payment of Taxes, Fees and Surcharges is in addition to payment for the Service and will be billed to your credit card. This tax, compliance, use fees and surcharges are common for telecommunication services within the United States, Canada and Mexico. If you see any excessive charges that don’t match with your service plan, it is your responsibility to contact us immediately.
5.2 Sales and Use Taxes
Each state, city, municipality, or county has specific charges that are levied for telecommunications services. Sales and use 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.
5.3 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 Wireless Service. Troomi Wireless 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.
You agree to pay all charges we bill you or that were accepted or processed through your Device. All Troomi Wireless plans are measured on a 30-day cycle, beginning on the 7th 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, we change our prices, you move to another city, municipality or state. 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 48 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. For disputed charges, see Section 11. You agree to provide us with accurate and complete billing information and to immediately report to us all changes to your billing information.
7. 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.
Troomi Wireless 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.
7.2 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.
7.3 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 fees may apply.
7.4 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. (See section 7.3 for more details.)
7.5 Effect of Termination
Within five (5) business days after the effective date of termination or expiration of this Agreement for any reason whatsoever, Client will pay Troomi Wireless all Fees (including all remaining Minimum Monthly Fees for the total duration of the contract) Unless the Parties agree otherwise in writing, termination, or expiration of this Agreement for any reason whatsoever will also serve to terminate all Attachments.
7.6 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 Wireless is not responsible for device replacement costs on a lost or stolen device.
7.7 Our Rights to Limit or End 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 Wireless reserves the right to cancel or deactivate Troomi Wireless Service 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 Wireless Service. Troomi Wireless reserves the right to limit throughput or the amount of data transferred and to deny or terminate Service to anyone Troomi Wireless believes is using the Troomi Wireless Service in an unauthorized manner or whose usage, in Troomi Wireless’s sole discretion, adversely impacts its supplier’s network or customer service levels. Troomi Wireless will presume you are engaging in an unauthorized use in violation of these T&Cs, 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 Wireless’s supplier’s network or service levels or to Troomi Wireless’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. Troomi Wireless may discontinue providing Troomi Wireless Service to you, discontinue your account, terminate data connections and/or reduce data throughput speeds if your usage, in the sole judgment of Troomi Wireless: (i) 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 Wireless customers; or (ii) may be harmful or disruptive to, or interfere with, Troomi Wireless’s supplier’s network, Troomi Wireless’s service or the ability to provide quality service to other customers. By initiating Troomi Wireless Service and placing or receiving calls, you acknowledge and agree to Troomi Wireless’s right to terminate your Service under these circumstances.
7.8 No Future Service
In the event Troomi Wireless terminates your Troomi Wireless Service for any reason specified above or otherwise, we reserve the right to prohibit you from using any Troomi Wireless Service plan in the future by blocking your device from our network, prohibiting you from using a new Troomi Wireless Service account that you purchase, or through other means.
7.9 Failure to Complete Payments on Payment Plan
If you cancel your contract with us (cancellable at any time per section 7.4), 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
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 charges:
- The full amount of the phone and the payment plan you purchased.
- USB cable: $5
- Charger: $7
- Any other charges as applicable, such as Phone cases and screen protector charges.
7.10 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.
8. 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 wiping 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 it. The shipping and handling to process this is a $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 disallow your child from accessing the Settings section on their phone, if you don’t want them setting a password or pattern.
9. Troomi Warranty Service Plan
This Service Plan covers Your Entitled Devices and/or any other Devices that you may add to Your Service Plan Summary during the Term.
“We”, “Us” and “Our” shall mean the Provider of this Warranty Service Plan, Troomi Wireless, Inc. located at 3300 Triumph Blvd., Suite #100 Lehi, UT 84043, 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.
The following terms are used in the Service Plan Summary (SPS):
- 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.
- Coverage Price: Price refers to the amount paid by You for this Service Plan, which is currently $6.95 per month.
- Coverage Start Date: This is the date when coverage starts under this Service Plan.
- Coverage Term or Term: This is the years of coverage, You receive under this Service Plan, starting on the Coverage Start Date.
- Entitled Device or Product: The cell phones, portable computers and tablets (“Devices”) purchased as new, factory refurbished, or manufactured for use in the United States either deployed or being deployed during or prior to the Term and which are specified in your Service Plan Summary (“SPS”) as Entitled Devices. Accessories not essential to the basic function of a Device are not covered by the Service Plan.
- Deductible: The applicable deductible, if any, for claims.
- 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.
9.2 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.
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.
9.4 Coverages and Terms
This Service Plan will cover a mechanical or electrical failure of the Products 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 our sole option.
This Service Plan does not cover repair or replacement of Your Product for any of the causes or provide coverage for any losses set forth in Section 9.5 of these Terms and Conditions, entitled “WHAT IS NOT COVERED”. This Service Plan DOES PROVIDE COVERAGE FOR THE FOLLOWING INCLUDING PARTS AND LABOR under the following conditions during normal usage of the phone:
- 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
- If battery capacity falls below 80% of rated capacity (meaning if the battery will not charge beyond 80%) or if the battery leaks. Please see Section 9.5 below “What is Not Covered” for conditions whereby battery issues will not be covered
- Damaged or defective buttons or connectivity ports located on Your Product;
- Defective or broken SIM cards
- Defective pixels when there are at least three (3) defective pixels throughout the entire display area
- Defects in materials or workmanship
- Defects in microphones and speakers
- Defective phone manufacturer chargers and cords
- Operational failure resulting from a power surge while properly connected to a surge protector
9.5 What is Not Covered
This Service plan does not cover:
- 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 wiping the phone back to its original state, thereby erasing all of your settings, photos, and information. The shipping and handling to process this is a $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.
- Defects or damage caused by abnormal use, abnormal conditions, improper storage, neglect, or unusual physical, electrical or electromechanical stress;
- Defects or damage caused by exposure to liquid, moisture, dampness, weather conditions, sand, dust, dirt, or exessive temperaturesthat is inconsistent with the specifications and instructions applicable to the Product according to the user manual and the applicable terms and conditions;
- Scratches, dents and cosmetic damage;
- 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.
- Equipment that has the serial number or the enhancement data code removed, defaced, damaged, altered or made illegible;
- Ordinary wear and tear; except for the conditions laid out in Section 9.4 of this Warranty.
- Defects or damage caused by the use of accessories, products, or ancillary/peripheral equipment not furnished or approved by Samsung;
- 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;
- 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;
- 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;
- Defects or damage caused by cellular signal reception or transmission, or viruses or other software problems introduced not authorized by Troomi.
- We do not cover third party screen protectors, cases, and other accessories beyond the manufacturer’s warranty.
- We do not cover broken or defective SD cards that may have been added by the customer
- 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:
- 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;
- Tampering, as evidenced by, for example, a broken seal or seals on the battery;
- The use of the battery in equipment other than the Samsung device for which it is specified;
- The battery was subjected to external forces beyond normal use; or
- Battery repair not furnished or approved by Samsung.
9.6 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 email@example.com.
9.7 Limit of Liability
WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, OR LOST DATA RESULTING FROM THE FAILURE OF ANY PRODUCT OR EQUIPMENT OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE.
In addition to the limitations of liability your Wireless Service is also subject to the following additional limitations of liability. Not all plans or Wireless Services are available for purchase or use in all sales channels, in all areas or with all Devices. Troomi is not responsible for loss or disclosure of any information you transmit or provide to us. Troomi Wireless Services are not equivalent to wireline internet. AT&T is not responsible for nonproprietary services or their effects on Devices.
We may, but does not have the obligation to, refuse to transmit any information through the Wireless Services and may screen and delete information prior to delivery of that information to you. There are gaps in service within the Wireless Services areas shown on coverage maps, which, by their nature, are only approximations of actual coverage.
Notwithstanding the foregoing, if your Wireless Service is interrupted for 24 or more continuous hours by a cause within our control, we will issue you, upon request, a credit equal to a pro-rata adjustment of the monthly Service fee for the time period your Service was unavailable, not to exceed the monthly Service fee. Our liability to you for Service failures is limited solely to the credit set forth above. Troomi is not liable to you for changes in operation or technology that cause or render your Device and/or software to be obsolete or require modification.
This Service Plan is not an insurance policy.
9.9 Your Remedy
OUR SOLE OBLIGATION AND YOUR SOLE REMEDY UNDER YOUR SERVICE PLAN IS THAT WE WILL REPAIR TO GOOD WORKING ORDER OR REPLACE ANY ENTITLED DEVICE THAT DOES NOT FUNCTION IN ACCORDANCE WITH THE MANUFACTURERS SPECIFICATION FOR SUCH PRICE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES TO YOU WHETHER YOUR CLAIM IS STATED IN CONTRACT OR TORT LAW OR OTHERWISE. WE SHALL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR FOR OTHER PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. OUR MAXIMUM LIABILITY FOR DIRECT DAMAGES, IF ANY, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE SERVICE PLAN PRICE.
9.10 Resolution of Disputes
Any disagreement or dispute between us shall first be attempted to be resolved between Your and Our designated responsible managers. If the managers shall fail to agree, any outstanding dispute may be submitted to the American Arbitration Society for binding arbitration in accordance with its applicable rules. BOTH YOU AND WE WAIVE ANY RIGHT TO BRING SUIT TO RESOLVE SUCH DISPUTE AND HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY.
9.11 Entire Contract
Unless amended by State or Territory Specific Provisions, this Service Plan sets forth the entire contract between the parties and no representation, promise or condition not contained herein shall modify these terms. This Service Plan may only be modified by a written amendment signed by all parties to this Service Plan.
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.
This Service Plan renews every month with Your payment of the Coverage Plan Price unless canceled either by You or Us during the Coverage Term.
9.14 Plan Transferability
TroomiService Plans are not transferable to any other person or entity.
10. Notices and Customer Communications
10.1 Receipt of Communications
You expressly consent to receive all communications, agreements, documents, notices and disclosures (“Notices”) from us, at the telephone number associated with your Device or physical or electronic address you provide to us in the Parent Portal. 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, or three (3) days after mailing to your billing address.
10.2 Automated Messages
We may at times contact you using email messages or text messages at the telephone number associated with your Device. We may place such messaging to (i) provide notices regarding your Troomi Wireless account or account activity, (ii) investigate or prevent fraud, or (iii) collect a debt owed to us. You agree that we and our service providers may contact you using these forms of communication to carry out the purposes we have identified above. We may share your phone number with service providers with whom we contract to assist us in pursuing these interests, but will not share your phone number with third parties for their own purposes without your consent. Standard telephone minute and text charges may apply.
10.3 Revocation of Consent
Per the terms of Troomi Wireless Service, users may not opt out of administrative communications related to monthly billing, upgrade notices, etc. We reserve the right to send communications as needed to improve service at our sole discretion.
You do not have to consent to receive marketing communications or texts in order to use Troomi Wireless Service. Where Troomi Wireless is required to obtain your consent for such communications, you may opt out by responding STOP to marketing texts and unsubscribing at the link provided in any marketing email communications.
11. Intellectual Property
You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of Troomi Wireless or any other third party. Except for a limited license to use the Troomi Wireless Service, your purchase of Troomi Wireless Service and Troomi Wireless Devices does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of Troomi Wireless or others related to the Troomi Wireless Service and Troomi Wireless Devices; this intellectual property may be used only with Troomi Wireless Service unless expressly authorized by Troomi Wireless. You agree that a violation of this section harms Troomi Wireless, which cannot be fully redressed by money damages, and that Troomi Wireless shall be entitled to seek immediate injunctive relief in addition to all other remedies available.
12. Privacy Information
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. This excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.
12.1 Use of Information
Customer Proprietary Network Information (“CPNI”) is information that Troomi Wireless and other telecommunications carriers obtain when providing your telecommunications services to you. CPNI includes the types of telecommunications services you currently purchase, how you use them, and the billing information related to those services, including items such as the types of local, long distance and wireless telecommunications services that you have purchased and your calling details. Your telephone number, name and address are not considered CPNI. We may use CPNI to offer you additional services of the type you already purchase from Troomi Wireless. We may also use your CPNI 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. Troomi Wireless uses technology and security features and strict policy guidelines to safeguard the privacy of CPNI and protect it from unauthorized access or improper use. Troomi Wireless does not disclose CPNI outside of Troomi Wireless, its affiliates and their respective agents without customer consent except as required by law. When Troomi Wireless uses third parties to perform services on its behalf that require the use of CPNI, Troomi Wireless requires that they protect the CPNI consistent with this provision. Troomi Wireless does not sell CPNI to unaffiliated third parties. If you wish to restrict Troomi Wireless’s use of your CPNI for marketing purposes, you may contact a customer service representative at the customer service phone number located on your Troomi Wireless telephone bill.
13. Waivers and Limitations of Liability
UNLESS PROHIBITED BY LAW, OUR LIABILITY FOR DAMAGES OR OTHER MONETARY RELIEF FOR ANY CLAIMS YOU MAY HAVE AGAINST US IS STRICTLY LIMITED TO NO MORE THAN THE AMOUNTS ACTUALLY PAID BY YOU TO US FOR THE SERVICE FROM WHICH THE DAMAGES OR OTHER LIABILITY AROSE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OUR SERVICE (INCLUDING THE PROVISION OF OR FAILURE TO PROVIDE SAME), ANY DEVICE, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT WE HAVE BEEN INFORMED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. YOU AGREE WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE DATE THE CLAIM ARISES.
Any other provision of this Agreement to the contrary notwithstanding, the liability of Troomi Wireless for any losses or damage arising out of or in connection with this Agreement or any Attachment from any cause whatsoever, including without limitation any cause of action sounding in contract, tort or strict liability, will be limited to actual, direct damages incurred but in no event will exceed the total Fees and Expenses actually received by Troomi Wireless, for the Products, Services or Deliverables that gave rise to the liability during the six (6) month period preceding the date on which the most recent act or omission giving rise to such liability occurred. Under no circumstances will Troomi Wirelessbe liable for lost profits or other consequential damages, cover damages, special damages, general damages, incidental damages, indirect damages, or exemplary or punitive damages. No action arising out of this Agreement, regardless of form, may be brought by Client against Troomi Wireless more than one (1) year after commission of the act or omission which gave rise to the cause of action.
13.2 Waiver; Amendment
No waiver of any right or remedy will be valid unless in writing and delivered to the other Party, and waiver of a right or remedy on one occasion by a Party will not be deemed a waiver of such right or remedy on any other occasion. Except as otherwise provided in this Agreement, this Agreement may not be amended or modified except by a writing signed by both Parties.
You agree to defend, indemnify, and hold us harmless from and against any and all losses, claims, liabilities, costs and expenses (including taxes, fees, fines, penalties, interest, expenses of investigation and attorneys’ fees and disbursements) as incurred, arising out of or relating to use of the Troomi Wireless Service or Devices, breach of the Agreement, or violation of any laws or regulations or the rights of any third party by you or any person on your account or that you allow to use your Troomi Wireless Service or Device.
14. Our Rights to Make Changes
This provision is subject to requirements and limitations imposed by applicable law and will not be enforced to the extent prohibited by law. Your Service is subject to our business policies, practices, and procedures, which we can change without notice. WE RESERVE THE RIGHT TO CHANGE OR MODIFY THESE T&Cs, 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 WIRELESS WEBSITE, OR (ii) SEND THEM TO YOU (ELECTRONICALLY OR OTHERWISE). BECAUSE THESE T&Cs ARE SUBJECT TO CHANGE AT ANY TIME, YOU SHOULD ALWAYS CHECK THE TROOMI WIRELESS WEBSITE FOR THE MOST CURRENT VERSION. 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. Generally, a price increase will only apply if the carrier (AT&T, Verizon, T-Mobile)or state taxes raises their rates. IF YOU FAIL TO CANCEL YOUR SERVICE PLAN WITHIN THE 5 DAY PERIOD, YOU WILL BE DEEMED TO HAVE ACCEPTED THE RATE INCREASE. ANY INCREASE IN TAXES, REGULATORY FEES 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 NETWORK) THAT CAUSE YOUR DEVICE TO BE RENDERED OBSOLETE OR REQUIRE MODIFICATION.