Term & Conditions

Naked Mobile Terms and Conditions

(Revised and Effective May 18, 2017)

 Please read these Terms and Conditions carefully. Your agreement with Naked Mobile includes these Terms and Conditions (“T&Cs”), your Service Agreement, applicable supplemental terms and conditions, which are available at www.nakedmobile.com (collectively “Agreement”). These Terms and Conditions are a legally binding agreement between you and Naked Mobile (“Naked Mobile” or “we”). They contain important information about your legal rights, and require that certain disputes be resolved through arbitration instead of a court trial. Naked Mobile reserves the right to change or modify any of these Terms and Conditions of Service at any time and at its sole discretion. Any changes or modifications to these Terms and Conditions of Service will be binding upon you once posted on the Naked Mobile website at www.nakedmobile.com. Naked Mobile, therefore, encourages all subscribers to review the Terms and Conditions on our Website periodically. Naked Mobile is a brand and service of Smith Bagley, Inc. (“SBI”). Naked Mobile utilizes the SBI network, and T-Mobile and AT&T networks via a roaming agreement between SBI and T-Mobile and SBI and AT&T.

 Naked Mobile complies with the Federal Communications Commission’s (“FCC”) Open Internet Broadband Industry Rules as they pertain to Naked Mobile as a mobile broadband provider. We seek to provide you with transparency into Naked Mobile’s network management practices, performance characteristics and terms and conditions of our services so that you can make informed choices about our mobile broadband services; and so that content, application, service and device providers have the information needed to develop, market, and maintain Internet offerings.

 HOW DO I ACCEPT THESE T&C’S?

 By purchasing or activating your Naked Mobile Electronic Device or using any Naked Mobile service (“Service”), customer (“You”) acknowledges and agrees to the following terms and conditions:

 If you don’t want to accept these T&C’s, don’t do any of these things:

 When you accept, you’re telling us that you are of legal age (which means you are either legally emancipated, or have reached the age of majority as defined in your jurisdiction) and that you are able to enter into a legal agreement. If you accept for an organization, you’re telling us that you are authorized to bind that organization, and references to “you” in these T&Cs may mean the organization.

 WHAT IS INCLUDED IN THESE TERMS AND CONDITIONS?

 In these Terms and Conditions, you’ll find important information about:

• Naked Mobile services provided to you (“Services”);
• Any equipment for which we provide Service, such as a phone, handset, tablet, or SIM card (collectively, a “Device”);
• Any charges, taxes, fees, and other amounts we bill you or that were accepted or processed through your Device (“Charges”);
• Privacy information;
• Network management practices;
• Limitations of liability; and
• Resolution of disputes by arbitration and class action waiver.

 2.WHAT YOUR AGREEMENT CONSISTS OF AND WHEN THE AGREEMENT IS EFFECTIVE

Your agreement with Naked Mobile includes these Terms and Conditions (“T&Cs”), your Service Agreement, applicable supplemental terms and conditions, and your Rate Plan terms, which are available at www.nakedmobile.com (collectively “Agreement”). Your Rate Plan includes your monthly Service allotments for minutes, messages or data (“Allotments”), rates, coverage and other terms (“Rate Plan”). To the extent any term in your Rate Plan expressly conflicts with these T&Cs, the term in your Rate Plan will govern.

Your Agreement applies to each line of Service. Please read these T&Cs carefully. They cover important information about Naked Mobile services provided to you (“Service”); your phone, handset, device, SIM card, data card, or other equipment or third party device used with our Service (“Device”); and any access and usage charges, taxes, fees and other charges we bill you or that were accepted or processed through your Device (“Charges”). These T&Cs include terms of termination, Rate Plan changes, and limitations of liability, privacy and resolution of disputes by arbitration instead of in court.

Your Agreement begins on the day we activate your Service(s) and continues through the Term of Service, typically a thirty (30) day period (“Service Commitment”), specified on your Service Agreement.

Any applicable state public utility commission tariffs also govern.

 3. NATURE OF SERVICE

Our rate plans, devices, services and features are not for resale and are intended for reasonable and non-continuous use by a person using a device on the Naked Mobile Home Network Area (aka “On Network”), and other networks through a roaming agreement between SBI and other carrier’s networks. Naked Mobile’s Home Network Area can be found at www.nakedmobile.com. These maps are for general informational purposes only. The coverage maps depict the general coverage area of Naked Mobile. The coverage maps are not a guarantee of coverage. Coverage is not available everywhere. The coverage maps display only the predicted and approximate optimal wireless coverage for voice calls, while outdoors, of the network on which your phone may be activated including the coverage area of the network’s roaming partners, if applicable. The coverage areas shown do not guarantee service availability, and may include locations with limited or no coverage. Within coverage areas, there may be significant limitations or interruptions in coverage that may impact service and result in dropped and blocked connections, slower data speeds or no data connectivity and call interference. This could occur due to many factors including your device, network changes, network traffic volume, network outages, technical limitations, signal strength, the terrain and your proximity to buildings, foliage and other obstructions, weather and other conditions. You will not be able to operate your phone or make 911 calls if service is not available. Some features on your device may not operate when roaming on the network of a network roaming partner. If you travel outside of your coverage area, your phone will not work. The coverage depicted on the Naked Mobile coverage maps is based on the information provided by other carriers and public sources and we cannot guarantee their accuracy. Coverage maps for your network may also vary based on your home location so please refer to our website for the most up-to-date coverage map applicable to your device and geographic area. Naked Mobile is not responsible for any Service outages, interruptions in service or decline in the quality of service regardless of the cause.

4. REGISTERING, ACTIVATING AND USING YOUR NAKED MOBILE SERVICE

You may purchase a Naked Mobile wireless phone; purchase a Naked Mobile SIM card for use with your own compatible wireless phone. Before you can use your Naked Mobile service your service must be activated. You may activate your Naked Mobile phone by visiting one of our store locations or by visiting the Naked Mobile website at www.nakedmobile.com. If you are activating using your own equipment you can bring your device to our store location to confirm it is compatible with our network. When you activate your Naked Mobile service, you will be provided with a telephone number or you may, in some circumstances, port-in a number from another carrier. Please note that you have no ownership rights to any telephone number, IP address or any other identifier associated with your wireless service, and you acknowledge and agree that we may change any such number, IP address or other identifier associated with your Naked Mobile service at any time without prior notice to you.

If you do not pay your Naked Mobile account by your Service End Date, your Naked Mobile phone number may be lost. Your Naked Mobile phone can only be activated where Naked Mobile Service is offered and supported by Naked Mobile. The wireless telecommunications networks used to transmit calls and data for the Service are owned and operated by licensed commercial mobile radio service providers (“Carriers”), and not always Naked Mobile. The terms of the Naked Mobile Service Plans are subject to change without notice. Naked Mobile Services are provided at Naked Mobile’s discretion. If you notify us that your phone is lost or stolen, your account will be deactivated.

Some functions and features referenced in the manufacturer’s manual provided with your Naked Mobile phone may not be available on your Naked Mobile phone.

Certain mobile phone features may not be available throughout the entire network or their functionality may be limited. Some Naked Mobile features are available only on Naked Mobile phones purchased from Naked Mobile and may not be available if you have purchased a Naked Mobile SIM card for use on a compatible wireless phone. All plan rates, features, functionality and other product specifications are subject to change without notice or obligation. Color of phones may vary.

If you are using your own compatible phone, it must be compatible, and not interfere with, our service, and must comply with all applicable laws, rules and regulations. Unless you are using a Naked Mobile Hotspot, devices capable only of using data service are strictly prohibited and your use of any such device is grounds for immediate deactivation and termination of your service without a refund. You are responsible for ensuring that any compatible wireless phone that you use is compatible with the Naked Mobile wireless service and that your phone meets all Federal laws and standards. You are further responsible for the purchase and maintenance of any additional hardware, software and/or internet access required in order to use the Naked Mobile service. Naked Mobile service will only work with wireless devices that are compatible with our network. Not all services are available with all wireless devices or on all networks. We may remotely change your wireless phone’s software, applications or programming without notice. This could affect your stored data, your phone’s programming and how you are able to use your wireless phone.

5. HOW WILL I BE CHARGED FOR DATA USAGE?

 Data service may be included in your Rate Plan. Some Data Plans are limited to 3G and 4G/LTE Data Plans offer a specific allotment of 4G/LTE data (“Data Plan”). Your Rate Plan and/or Data Plan will contain more information about how we calculate data usage. If you do not have a Data Plan, your Device may not be able to access data services, including but not limited to, web browsing, email, texting (SMS), or sending pictures (MMS).

6. OUR AGREEMENT TO PROVIDE YOU CELLULAR SERVICE;

YOUR AGREEMENTTO PAY; BLOCKING

 Naked Mobile, through SBI, is licensed to provide cellular service and have suitable facilities, subject to the limitations described below and subject to the requirements of any Naked Mobile tariff and applicable laws and regulations. Naked Mobile, through SBI, may also enter into roaming agreements with other carriers to allow you to use your phone where Naked Mobile lacks the best coverage, but roaming service is not guaranteed and is subject to additional limitations described below. You agree to pay for our services and equipment we supply at the rates in your Rate Plan or as posted in our stores or on our Website and according to this Agreement. Naked Mobile may, in our discretion, amend or add to any rates, charges, or terms, subject to the provisions in the next section. Naked Mobile may, in its sole discretion, block access to certain categories of numbers (e.g., 976, 900 and international designations). Naked Mobile blocks all international roaming calls by default. Some of our Plans offer service in other countries. Contact Naked Mobile Customer Care at (844) 236-2533, or speak to a sales representative at any Naked Mobile retail store. Customers traveling abroad should be aware that international roaming charges can be exceptionally high.

 7. ARE THERE ANY OTHER TERMS THAT APPLY TO ME?

Yes. Your “Agreement” includes these T&Cs, the additional terms found in your Rate Plan, your Data Plan, your Service Agreement, and provisions linked to from these T&Cs. Sections marked “*” continue after termination of our Agreement with you.

You should also be aware that our Privacy Policy, Fair Usage Policy and Internet Acceptable Use Policy , available at www.nakedmobile.com, apply to the use of our products and services.

You might also have other agreements with us, such as an equipment installment plan.

8. YOUR SERVICE AGREEMENT DESCRIBES YOUR CHARGES, AND ADDITIONAL CHARGES

 Your Naked Mobile Service Agreement explains your cellular service. Because it is part of your Agreement, please take a copy with you or print it out and read it carefully.

9. TERMINATION OF SERVICE

Either party may terminate this Agreement (which will terminate the provision of Naked Mobile service) at any time. Any unused service at the time of termination will not be refunded. Naked Mobile may terminate this Agreement at any time without notice if we cease to provide service in your area. We may interrupt or terminate your service without notice for any conduct that we believe violates this Agreement, if you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, if we have reasonable cause to believe that you are using your Naked Mobile phone and/or wireless service for an unlawful purpose or in a way that may adversely affect our Service, and/or if you engage in any deceptive or unfair conduct with respect to your Naked Mobile phone and/or wireless service. Any provision of this Agreement which by its context is intended to apply after termination of the Agreement will survive termination, including, but not limited to, any restrictions on the use of Naked Mobile phones.

10. WHAT HAPPENS IF YOUR DEVICE IS LOST OR STOLEN? 

Once you notify us that your Device has been lost or stolen, we will suspend your Service and you will not be responsible for additional usage charges incurred. Any usage of your Device prior to you notifying us that it has been lost or stolen shall not be credited back to your account. You may request us to investigate usage you believe was unauthorized. We may ask you to provide information and you may submit information to support your request. If we determine the usage was unauthorized, we may credit your account. If we determine the usage was authorized, we will inform you within 30 days and you will remain responsible for the usage. If you request that we not suspend your Service, you will remain responsible for all usage incurred. 

11. YOUR RATE PLAN DESCRIBES YOUR CHARGES, INCLUDED MINUTES,

      AND ADDITIONAL CHARGES

Your Rate Plan explains your particular plan for your cellular service. Because it is part of your Agreement, it is important you understand it. If you have any questions about your Rate Plan, (1) ask a sales representative at any Naked Mobile retail store; (2) review our Website; or (3) call Customer Care at (844) 236-2533.   

12. IMPORTANT INFORMATION ABOUT “ROAMING”

These T&Cs describe the experience you can expect on our network, including information about our reasonable network management practices, and the experience on our roaming partners’ networks:

• Please check our coverage maps, which approximate our anticipated coverage area outdoors. Your experience on our network may vary and change without notice depending on a variety of factors. For more information go to nakedmobile.com. You agree that we are not liable for problems relating to Service availability or quality.
• Additionally, we may implement other network practices, such as caching less data.
• Our Internet Acceptable Use Policy includes important information on these topics as well as information on commercial terms, performance characteristics (such as expected speed, latency) and network practices.

In order to provide you the most widespread and reliable cellular service, any time your Device is not receiving a strong signal from our network (“On Network”), it may connect to another carrier (“Off Network”) that we have a roaming agreement with. “Roaming” is when you place or receive a voice call/SMS (text)/or accessing data outside the Naked Mobile Home Network Area. Naked Mobile reserves the right, with or without notice, to manage its network parameters to prioritize your cellular service active on your device to a network of choice when you are roaming, or slow the bitrate throughput rate on a roaming partners’ network.  Naked Mobile’s decision to prioritize your cellular service to a chosen roaming partners’ network, or slow the bitrate throughput rate on a roaming partners’ network is based on, without limitation, signal strength, data speeds, geographic area, network congestion, quality of service or internal business decisions in Naked Mobile’s sole discretion.

Roaming charges in foreign countries (“International Roaming”) may be especially high. Naked Mobile reserves the right to internally program its network for which roaming partners’ network you will roam on.

13. YOU MUST USE YOUR DEVICE PREDOMINANTLY WITHIN THE NAKED MOBILE HOME NETWORK AREA

Disproportionate roaming (including unlimited plans of any kind) occurs when a user’s usage is on other carriers’ networks (Roaming or Off-Net usage) greater than 50% during any 2 months during a 12-month period, measured from the start date of your agreement, in which case Naked Mobile may, at its option, terminate your wireless service or access to data services, deny user’s continued use of other carriers’ coverage, or change user’s plan to one imposing usage charges for roaming usage.

Naked Mobile will provide you with notice that it intends to take any of the above actions, and you may terminate this Agreement without being assessed a termination fee.

14. FAIR USE POLICY 

In order to provide reliable services at reasonable costs to our customers, we have certain restrictions in place to ensure the activities of some users do not disrupt or impair other customers’ services or our network. You may not use our services in a manner that harms, or unduly interferes with Naked Mobile’s network or system; or in a manner that is unlawful, or infringes on intellectual property rights. Naked Mobile reserves the right, without notice or limitation, to terminate, end, modify, disconnect, or suspend service if an individual engages in any of the prohibited voice, SMS, or data uses set forth in this Agreement or Naked Mobile’s Fair Use Policy, found at www.nakedmobile.com/fair-use-policy if Naked Mobile, in its sole discretion, determines action is necessary to protect its wireless networks from harm or degradation. Naked Mobile voice services are provided solely for live dialogue between, and initiated by, individuals for personal use and as otherwise described herein. Listed below are examples of the permitted uses of the service and your device and examples of the prohibited uses of the service and your device.

Examples of Permitted Uses of the Service and Your Device Include: 

• Voice calls;
• Web browsing;
• Messaging;
• Email;
• Streaming music;
• Uploading and downloading applications and content to and from the Internet or third party stores;
• Using applications and content without excessively contributing to network congestion; and
• Tethering your Device (if allowed by your Data Plan) to other non-harmful devices pursuant to the terms and conditions and allotments of your Data Plan.

Unless Explicitly Permitted by Your Rate Plan or Data Plan, You Are Not Permitted to Use Your Device or the Service in a Way That We Determine: 

• Uses a repeater or signal booster other than one we provide to you;
• Compromises network security or capacity, degrades network performance, uses malicious software or “malware”, hinders other customers’ access to the network, or otherwise adversely impacts network service levels or legitimate data flows;
• Uses applications which automatically consume unreasonable amounts of available network capacity;
• Uses applications which are designed for unattended use, automatic data feeds, automated machine-to-machine connections, or applications that are used in a way that degrades network capacity or functionality;
• Misuses the Service, including “spamming” or sending abusive, unsolicited, or other mass automated communications;
• Accesses the accounts of others without authority;
• Results in more than 50% of your voice and/or data usage being off-net (i.e., connected to another provider’s network) for any 2 billing cycles within any 12 month period;
• Results in unusually high usage (specifically, more data usage than what 97% of all customers use in a month, based on recent historical averages (updated quarterly)) and the majority of your data usage being Smartphone Mobile HotSpot, i.e., tethering (unless allowed by your Rate Plan);
• Resells the Service, either alone or as part of any other good or service;
• Tampers with, reprograms, alters, or otherwise modifies your Device to circumvent any of our policies or violate anyone’s intellectual property rights;
• Causes harm or adversely affects us, the network, our customers, employees, business, or any other person;
• Conflicts with applicable law;
• Is not in accordance with these T&Cs; or
• Attempts or assists or facilitates anyone else in any of the above activities.

15. UNLIMITED USE 

Some Naked Mobile 3G Service Plans, services or features are described as unlimited, but you should be aware that such unlimited use remains subject to Naked Mobile’s excessive use, and disproportionate roaming, and Fair Use Policies as set forth herein. Disproportionate and/or excessive usage of the Services (including unlimited plans of any kind) occurs when a user’s usage on another network (roaming or off-network usage) is greater than fifty percent (50%) during any two months during a 12-month period, measured from the start date of a user’s agreement, in which case Naked Mobile may, at its option, terminate user’s wireless service.

16. MESSAGING (TEXT, VIDEO AND PICTURE) AND DATA

Certain messages, including those to third parties to participate in a promotion or other program may require a monetary payment separate from your Naked Mobile account. Any purchases or charges from third-party vendors will require other types of payment methods acceptable to the third-party vendor. Rates for texting to or from a foreign country may be especially high and may vary and are subject to change. There is no guarantee that messages will be received, and Naked Mobile is not responsible for lost messages. Text messages are typically limited to 160 characters.

Data Services are available only with particular Naked Mobile phones. The amount of data transmitted over our network is measured in kilobytes (KB), megabytes (MB) or gigabytes (GB). Unless specified otherwise 1024KB equals 1MB. 1024MB equals 1GB. Usage is calculated on a per kilobyte, megabyte or gigabyte (depending on your rate plan) basis and is rounded up to the next whole kilobyte, megabyte or gigabyte. Data activity on your Device occurs regardless of who initiates the activity, and you are responsible for all data activity from and to your Device. Premium content (games, ringtones, songs, etc.) are priced separately.

17. DATA PLANS 

Naked Mobile may, from time to time, offer 4G/LTE Data Plans that offer “Unrestricted Increments of Usage” up to a specific, measured amount of data use. Unrestricted Increments of Usage means Naked Mobile does not intentionally reduce a user’s bitrate transfer speed. These types of plans offer Unrestricted Increments of Usage up to a specific amount of megabytes or gigabytes. Once a user reaches the specific amount of data of a particular Data Plan Naked Mobile intentionally reduces the user’s bitrate transfer speed. THEREFORE, IT IS IMPORTANT YOU UNDERSTAND YOUR PARTICULAR DATA PLAN OF WHEN WE MAY REDUCE YOUR BITRATE TRANSFER SPEED. WITH SOME 4G/LTE DATA PLANS, IF YOU USE YOUR MONTHLY ALLOWANCE OF DATA SERVICE YOUR BITRATE SPEED WILL BE REDUCED TO 3G SERVICE. THERE IS NO ADDITIONAL CHARGE FOR 3G SERVICE AND IS CONSIDERED A VALUE-PLUS AS A NAKED MOBILE CUSTOMER AND YOU MUST EXPRESSLY OPT-IN FOR THIS NO COST VALUE-PLUS FEATURE. IF YOU DO NOT OPT-IN FOR THIS NO COST VALUE-PLUS FEATURE YOUR DATA MAY NOT WORK OR BE AT SIGNIFICANTLY SLOWER SPEEDS. Further, Naked Mobile may have roaming agreements with other carriers that allow a user to access data on a Naked Mobile, via SBI, roaming partner’s network. Naked Mobile reserves the right, in its sole discretion, to restrict what carrier a Naked Mobile customer may roam on while out of the Naked Mobile Home Network, as well as restrict or reduce bitrate transfer speed. 

BECAUSE OF FACTORS OUT OF ITS CONTROL, INCLUDING BUT NOT LIMITED TO, INTERNET CONGESTION, NETWORK CAPACITY, AND RELIANCE ON THIRD-PARTY PROVIDERS, NAKED MOBILE DOES NOT GUARANTEE DATA SPEEDS.

18. APPLICATIONS

Content or Applications (e.g., downloadable or networked applications, wallpapers, ringtones, games, and productivity tools) (“Content & Apps”) that you can purchase with your Device may not be sold by Naked Mobile. Naked Mobile is not responsible for the Content & Apps, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the Content & Apps. Unless otherwise stated, any support questions for these Content & Apps may be directed to the third party seller. You may be able to restrict access and certain services by implementing controls available at www.nakedmobile.com or by calling Customer Care. When you use, download or install Content & Apps sold by a third party seller, you may be subject to license terms between you and third parties.

19. INTERNATIONAL CALLS 

Naked Mobile does not offer international calling. However, some Naked Mobile Plans offer international calls to Mexico. At this time, international calls to Mexico are limited to calls made to a traditional wireline/landline numbers. Visit a Naked Mobile retail store or call Customer Care at (844) 236-2533, or go to www.nakedmobile.com for more details.

20. INFORMATION ON PHONES

Your Phone may contain sensitive or personal information. Naked Mobile is not responsible for any information on your phone, including sensitive or personal information, data or photographs. If possible, you should remove or otherwise safeguard any sensitive or personal information, data and photographs when your phone is out of your possession or control, including, but not limited to, relinquishing, exchanging, returning or recycling your phone. By submitting your phone to us, you agree that our employees, contractors or vendors may access all of the information on your phone.

21. HOW WE CHARGE AND BILL YOU 

Billing Cycle. The monthly access charges set forth in your Service Plan Agreement are to be paid one month in advance. Your Rate Plan likely includes unlimited talk and text messages, and a specific allotment of high speed 4G/LTE data. Some Naked Mobile Rate Plans include unlimited talk, text messages, and 3G data. Read your Rate Plan carefully to determine what type of Rate Plan you have, or visit our website at www.nakedmobile.com, call Customer Care at (844) 236-2533, or visit one of our retail store locations for more information about your particular Rate Plan. Unused minutes, messages, and data allowances are forfeited and you may not use them in a future monthly billing period or apply them to other phones. Toll, regional calling, and long distance charges will be charged separately, except to the extent they may be included in your Rate Plan. Usage is determined based on your location at the start of a call and do not change if you move during the call. IF YOU USE YOUR MONTHLY ALLOWANCE OF HIGH SPEED 4G/LTE DATA SERVICE YOUR BITRATE SPEED WILL BE REDUCED TO 3G SERVICE. THERE IS NO ADDITIONAL CHARGE FOR 3G SERVICE AND IS CONSIDERED A VALUE-PLUS AS A NAKED MOBILE CUSTOMER AND YOU MUST EXPRESSLY OPT-IN FOR THIS NO COST VALUE-PLUS FEATURE. IF YOU DO NOT OPT-IN FOR THIS NO COST VALUE-PLUS FEATURE YOUR DATA MAY NOT WORK OR BE AT SIGNIFICANTLY SLOWER SPEEDS

If you exceed your monthly allotment of high speed 4G/LTE data some plans may allow you to purchase a high speed 4G/LTE Bolt-On package by calling Customer Care at (844) 236-2533 or visiting a retail store. Bolt-On packages are good for 30 days from date of purchase so long as your account remains active.

Naked Mobile is compliant with the Federal Communications Commission’s (FCC) “Wireless Consumer Usage Notification Guidelines.” If you are on a plan with limited minutes and/or texting and/or data you will get one free text notification when you reach 75%, 85%, 95% and another free text when you reach 100% of your monthly limits. You are covered by this plan unless you opt-out.

22. YOUR RESPONSIBILITY FOR CELLULAR EQUIPMENT

You are responsible for all equipment you use in connection with your cellular service and must ensure that it is compatible with our network and complies with all FCC regulations. If we sell or provide you equipment, we will honor such equipment through the manufacturer’s warranty subject to Naked Mobile’s internal warranty program as amended from time to time.

23. YOUR RESPONSIBILITY FOR USE OR ANY MISUSE OF YOUR CELLULAR SERVICE OR EQUIPMENT 

23.1 General Customer Responsibilities. You are responsible for any and all use and misuse of your phone, whether authorized by you or not. You agree to comply with all applicable laws, rules, regulations, and tariffs and not to use your cellular service or equipment in a way that harms our network or any person or entity.

23.2 Motor Vehicles. You agree that you will be liable for any loss, damage, accident, injury, or the like, arising from or relating to the use of cellular service or the presence of cellular equipment in any motor vehicle; or for any damage to any motor vehicle or other property resulting from the installation or presence of cellular equipment. 

23.3 Indemnity. You agree to indemnify Naked Mobile, its affiliates, including but not limited to, SBI, and hold Naked Mobile, its affiliates, including but not limited to, SBI harmless from all claims, demands, liabilities, or costs of any kind caused by your breach of this Agreement or arising from or related to use of cellular service or any cellular telephone equipment by you or any other person or entity with or without your consent; except for any claims arising wholly and solely from the negligence of Naked Mobile. 

24. UNDERSTANDING THE LIMITATIONS OF CELLULAR COMMUNICATIONS 

As a radio service, cellular service may be interrupted, lost or limited for many reasons including power failures, leaving the coverage area, malfunctioning of services or equipment of Naked Mobile and its network providers or interconnected carriers, electronic or atmospheric interference, and failures of your equipment. Calls to E-911 will not show your exact location. Further, if you are in an area where your Naked Mobile is searching for a wireless signal or there is no wireless signal or wireless service, it is highly probable that a call to 911 will not go through. Do not rely solely on your Naked Mobile Device and service in an emergency situation. Additionally, because cellular service uses public airwaves, your communications may not be private. These limitations may apply to voice, data, and text messaging services equally.

25. LIMITATION OF NAKED MOBILE’S LIABILITY 

Due to the limitations of cellular service and for other reasons, neither SBI or Naked Mobile will accept any liability for any damages arising from or relating to the service, equipment, or this Agreement in excess of the prorated charge for cellular service during the period damages occurred, or the lowest limit in any applicable tariff, regardless of the cause of damage. Also, you agree to waive any claims against Naked Mobile arising from or relating to the service, equipment, or this Agreement for indirect, consequential, special, incidental, reliance, or punitive damages of any kind or nature including, without limitation, any lost profits, lost revenues, lost savings, cost of cover, or any other business loss including loss of goodwill, use of property, or data or messages, regardless of the cause, including damages that may have been caused by the negligent act or omission or willful misconduct by Naked Mobile. 

26. AGREEMENT TO ARBITRATE DISPUTES AND WAIVER OF CLASS ACTIONS 

Most customer concerns or disputes can be resolved through our Customer Care Department. However, if either of us has an issue which cannot be resolved without third party intervention, both of us agree to submit to binding arbitration before the American Arbitration Association using the Wireless Industry Arbitration rules. This means that all disputes arising from or relating in any way to your Naked Mobile service or equipment, whether under this Agreement or not, will be resolved through arbitration, not in court or through judge or jury. Moreover, to the fullest extent allowed by law, both of us agree to waive any rights to pursue a claim arising from or relating to this Agreement or the service as a class action; that is, you or we will not join a claim with the claim of any other person or entity or pursue a claim on behalf of any other person or entity. The waivers in this section continue in force and effect after the termination of this Agreement.

27. OTHER TERMS REGARDING DISPUTE RESOLUTION 

27.1 How Can I Dispute Charges or Usage?

If you have any questions about how we bill or want to dispute any usage, please contact us by calling Customer Care at (844) 236-2533, or by writing to Naked Mobile Customer Care, at 1500 S. White Mountain Road, Show Low, Arizona, 85901. If this does not fix things, please notify us in writing. Unless otherwise provided by law, you must notify us in writing of any dispute regarding any bill, Charge, or usage to your account within 60 days after the date you first receive the Charge. If you don’t, you may not pursue a claim in arbitration. If you accept a credit, refund or other compensation or benefit to resolve a disputed bill, Charge or usage, you agree that the issue is fully and finally resolved. Unless otherwise provided by law, you must pay disputed Charges until the dispute is resolved.

27.2 Choice of Law.

This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state in which your billing address in our records is located, without regard to the conflicts of laws rules of that state. Foreign laws (except for Puerto Rico) do not apply. Arbitration proceedings must be in: (a) the county and state in which your billing address in our records is located, but not outside the U.S.; or (b) in Puerto Rico if your billing address is in Puerto Rico. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.

28. DISCLAIMER OF WARRANTIES

Except for any written warranty that may be provided with a Naked Mobile Device you purchase from us, and to the extent permitted by law, the Services and Devices are provided on an “as is” and “with all faults” basis and without warranties of any kind. We make no representations or warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose concerning your Service or your Device. We cannot and do not promise uninterrupted or error-free service and do not authorize anyone to make any warranties on our behalf. This does not deprive you of any warranty rights you may have against anyone else. We do not guarantee that your communications will be private or secure; it is illegal for unauthorized people to intercept your communications, but such interceptions can occur.

Services or Software provided by third parties (including voice applications), 911 or E911, text to 911, or other calling or messaging functionality, may work differently than services offered by us, or may not work at all. Please review all terms and conditions of such third party products. We are not responsible for failures to connect or complete 911 calls or text to 911 messages or if inaccurate location information is provided. 911 service may not be available or reliable and your ability to receive emergency services may be impeded. We cannot assure you that if you place a 911 call or text you will be found.

We are not responsible for any download, installation, use, transmission failure, interruption, or delay related to Content & Apps, or any third party content, services, advertisements, or websites you may be able to access by using your Device or the Services, even if charges for Content & Apps appear on your Naked Mobile bill. You are responsible for maintaining virus and other Internet security protections when accessing third party Content & Apps or other services.

WE DO NOT GUARANTEE YOU UNITERUPTED SERVICE OR COVERAGE. WE CANNOT ASSURE YOU THAT IF YOU PLACE A 911 CALL YOU WILL BE FOUND.  

29. ENTIRE AGREEMENT, NO WAIVER, PARTIAL ENFORCEABILITY, NAKED MOBILE PRACTICES AND POLICIES

This Agreement, along with your Service Agreement contains the entire agreement between us and supersedes any prior contrary discussions and agreements. The Agreement may only be amended as stated above or in a writing that we both sign. If we ignore or waive a breach of the Agreement by you, it will not bar us from enforcing any term in the Agreement in the future.

Other details about our current practices and policies are available in our stores and on our Website and may include, among other things: data limitations, technical requirements, phone numbers, acceptable use, text messaging, credit approval, deposits, Lifeline service to low income customers, location-based services, international roaming and calling rates and terms, equipment returns, shipping, plan changes, privacy, pre-paid service, trial/grace period, and frequently asked questions. Naked Mobile reserves the right to change Policies at any time, with or without notice. If a Policy conflicts with this Agreement, this Agreement will govern. If any provision in this Agreement or a Policy is ruled unenforceable or invalid, you agree that it does not affect the validity or enforceability of the remaining Agreement terms or other Policies.

30. NAKED MOBILE OPEN INTERNET DISCLOSURE

Naked Mobile is a brand name and service of Smith Bagley Inc. (“SBI”). SBI is committed to providing all of its customers with the best online experience possible. SBI complies with the Federal Communications Commission’s (“FCC”) Open Internet Broadband Industry Rules as they pertain to SBI as a mobile broadband provider. In our pre-purchase collateral and in the disclosures below, we seek to provide you with transparency into SBI’s network management practices, performance characteristics and terms and conditions of our services so that you can make informed choices about our mobile broadband services; and so that content, application, service and device providers have the information needed to develop, market, and maintain Internet offerings.

SBI does not block lawful content, applications, services, or non-harmful devices, subject to reasonable network management, nor do we block content, applications, or services that compete with our voice or video telephony services, subject to reasonable network management.

Generally, SBI does not impair or degrade (throttle) lawful Internet traffic on the basis of Internet content, application, or service, or use of a non-harmful device, subject to reasonable network management. In places and times of network congestion, we may manage data connection speeds for a small subset of customers for short durations of time, in order to preserve the overall experience for the majority of our customers. SBI may offer customers the ability to choose a rate plan that provide usage at one speed for a set amount of data consumed, and a lower speed for additional data through the remainder of the billing cycle.

30.1   Acceptable Uses.

SBI permits the use of its broadband services for browsing the Internet (via SBI phones or devices, including SBI home routers), using email, downloading legally permissible content via the Internet, accessing and using corporate email and/or corporate business applications associated with its customers’ places of employment.

30.2   Service Description and Performance Characteristics.

SBI allows its customers to choose from several rate plans with different capacity levels, and monthly allotments of data at 2G, 3G, and 4G/LTE speeds. Information on these plans is available on our website at http://www.nakedmobile.com/plans, and is more fully explained in these Terms and Conditions under the heading “Speed” in section 30.8 below. In rare cases of network congestion on the SBI mobile network, device management and SBI Digital Cellular traffic shall take priority over all other IP data traffic. This management is applied automatically to ensure that digital phone calls are maintained, especially in the event of an emergency.

30.3   Network Management Practices.

SBI does not block applications, impose usage limits, or engage in “throttling” to reduce the throughput to customers using a disproportionate amount of bandwidth. Instead, SBI uses an “open pipe” approach and undertakes best efforts to ensure a high-quality online experience for all of its customers. As a result, at times of heavy usage, customers may experience delays in downloading or uploading files or a sluggish Web surfing experience. If significant congestion problems arise in the future, SBI’s approach is to determine the source of the problem, and to increase the capacity of the affected portions of its network and/or of its Middle Mile routes where warranted. In the event of congestion, all traffic is classified as best effort.

30.4   Important Information about SBI’s Broadband Internet Access Services and SBI’s Open Internet Disclosures.

This section provides information about SBI’s Broadband Internet Access Services. “Broadband Internet Access Services” refers to services that provide the capability to transmit data to and receive data from all or substantially all Internet endpoints. The network practices, performance characteristics, and commercial terms applicable to SBI’s Broadband Internet Access Services over our 2G, 3G, and 4G/LTE networks are described below. This page does not describe the practices, characteristics, or terms that apply when using roaming partner networks. This section also includes links to other SBI documents containing further information applicable to our Broadband Internet Access Services.

30.5   What Terms and Conditions Apply to SBI’s Broadband Internet Access Services?

Broadband Internet Access Services are subject to the Naked Mobile Terms and Conditions available at www.nakedmobile.com.  Certain uses of our network are also prohibited as described in our Fair Use Policy and Internet Acceptable Use Policy, both available at www.nakedmobile.com.

30.6   What Data Plans and Pricing Does Naked Mobile Offer?

Naked Mobile offers mobile Broadband Internet Access Services for smartphones, basic phones, tablets, netbooks, USB modems, mobile hotspots and other wireless devices over our 2G, 3G and 4G/LTE broadband networks. Your data plan may feature a designated allotment of high-speed data, after which your data speed may be reduced. WITH 4G/LTE DATA PLANS, IF YOU USE YOUR MONTHLY ALLOWANCE OF DATA SERVICE YOUR BITRATE SPEED WILL BE REDUCED TO 3G SERVICE. THERE IS NO ADDITIONAL CHARGE FOR 3G SERVICE AND IS CONSIDERED A VALUE-PLUS AS A NAKED MOBILE CUSTOMER AND YOU MUST EXPRESSLY OPT-IN FOR THIS NO COST VALUE-PLUS FEATURE. IF YOU DO NOT OPT-IN FOR THIS NO COST VALUE-PLUS FEATURE YOUR DATA MAY NOT WORK OR BE AT SIGNIFICANTLY SLOWER SPEEDS.

For more information about our current data plans for our services please call Customer Care at (800) 730-2351 or speak with a sales representative at one or our retail stores.

30.7   What Speeds and Performance Can Naked Mobile Broadband Internet Access Services Customers Expect?

Many factors affect the speed and performance that customers experience, including the programs running on the device, proximity to a cell site, the capacity of the cell site, the surrounding terrain, use inside a building or moving vehicle, radio frequency interference, how many other customers are attempting to use the same spectrum resources, the high-speed data allotment and other features of your Data Plan, or data use that is more than what is used by 97% of what all customers use in a month.

Customer devices also have varying speed capabilities and may connect to different networks depending on technology. Even within coverage areas and with broadband-capable devices, network changes, traffic volume, outages, technical limitations, signal strength, obstructions, weather, and other conditions may impact speeds and service availability.

30.8   Speed. 

The term “speed” is commonly used as a shorthand way to describe the rate at which a particular broadband Internet access service can transmit data. This rate (or speed) is typically measured in the number of kilobits or megabits transmitted in one second (Kbps or Mbps). Some applications like email or basic web browsing do not require a high-data speed to function very well, while other activities like video streaming or transferring large data files are better experienced with higher data speeds.

Based on analysis of third-party, crowd-sourced data and subject to the notes below, Naked Mobile expects customers with broadband-capable devices and qualifying service will experience the following speeds on our 3G and 4G LTE network. These ranges are projections based on roughly the 25th and 75th percentiles of speed tests, while the peak represents the 99th percentile:

4G LTE Network (On-Device):

• Download speeds: Up to 8 Mbps.
• Upload speeds: Up to 2 Mbps.

4G LTE Network (Via Smartphone Mobile HotSpot/Tethering (For Plans Including 4G LTE Tethering):

• Download Speed: Up to 8 Mbps.
• Upload Speed: Up to 2 Mbps.

3G HSPA+ Network:

• Download speeds: Up to 5 Mbps.
• Upload speeds: Up to 1 Mbps.

For 4G/LTE, 3G and 2G coverage information, visit www.nakedmobile.com.

 30.9   Speed Incidentals to Note.

Your 3G and 4G speed range will depend on your device as well as the factors described above. You can learn more about the capabilities of our 3G and 4G/LTE devices at www.nakedmobile.com.

Subject to your data plan, customers using a 4G/LTE device within the 4G/LTE coverage area can expect to get 4G/LTE speeds. Customers using a 3G device within the 3G coverage area can expect to get 3G speeds. Customers with 4G/LTE devices will access the 3G network where it’s available outside the 4G/LTE coverage area.

Your speed range will also depend on the high-speed data allotments associated with the Data Plan you have selected.

31. LATENCY

Latency, also known as delay, is the amount of time from when a data packet is sent to when it is received. For Broadband Internet Access Services, latency is usually expressed as the round-trip time in milliseconds (“ms”) that it takes for a data packet to travel between two end points on the Internet (from point A to point B and then back to point A). Some applications, such as email, can tolerate a substantial amount of latency without any noticeable impact on the application’s performance, while other applications, such as real-time video conferencing, require lower latency to function properly.

With respect to latency for use of real-time data applications, for Naked Mobile customers, Naked Mobile expects round trip network to device latency to be approximately 90ms on its 4G/LTE network, 83ms on its 3G network and 22ms on its 2G network. These figures are approximates and are affected by many factors, including but not limited to, what customers are connecting to on the far end and the open Internet.

32. HOW CAN I MEASURE MY DATA SPEEDS ON THE NETWORK?

If your Data Plan features a designated allotment of high-speed data, data used by certain speed measurement applications will not count against that high-speed data allotment. Refer to your Data Plan or call Customer Care at (844) 236-2533 or speak with a sales representative at one or our retail stores. If your Data Plan includes data use at reduced speed after you have used your plan’s monthly allotment of high-speed data, your data speed will be limited to either 3G or 2G speeds, depending on your Data Plan, for the remainder of your billing cycle once you have used your allotted high-speed data. The results from some speed measuring applications may show current network speeds, rather than the reduced speed that is currently available to you. 

33. HOW DOES NAKED MOBILE MANAGE THE FLOW OF DATA ON ITS NETWORK?

We engineer our network to provide consistent high-speed data service, but at times and at locations where the number of customers using the network exceeds available network resources, customers will experience reduced data speeds. To provide the best possible experience for the most possible customers, we implement network management practices on a content-agnostic basis, such as caching less data and prioritizing data usage. 

34. VIDEO OPTIMIZATION

Naked Mobile may utilize streaming video optimization technology throughout its network. Streaming video optimization improves overall data usage management of the network, resulting in greater network speeds and throughput for other customers using data because less network payload is dedicated to video. For customers on limited high-speed plans, optimization also helps customers stretch their high-speed data while streaming video. We may optimize data by adjusting the delivery rate for streaming video to up to 1.5Mbps, which causes the video to lower resolutions and use less data.

Video optimization occurs only to data streams that are identified by our packet-core network as video. Some videos, like those consumed via VPN, may not be optimized. Some video consumed while tethering may be difficult to identify as video and therefore cannot be optimized. The streaming video optimization process is agnostic as to the streaming video content itself and to the website that provides it. While many changes to streaming video files are likely to be indiscernible, the optimization process may impact the appearance of the streaming video as displayed on a user’s device. It may also affect the speed of video downloads.

Video streaming optimization, when connected to the cellular network, delivers a DVD quality (typically 480p or better) video experience instead of a higher resolution version (e.g., HD), which is better suited for larger screens. Video optimization is not applied when a device is on WiFi and therefore all video on WiFi will be delivered at the native resolution. 

35. NETWORK MANAGEMENT FOR EXTREMELY HIGH DATA USAGE AND TETHERING

Most of our plan options feature a customer-chosen high-speed data allotment with reduced speeds on our network after the high-speed allotment is exhausted, so customers can choose the combination of high-speed data and price that is right for their needs. Unlimited high-speed data customers do not have a specific high-speed data allotment, however, and customers on limited high-speed plans may have extremely high data usage under certain circumstances, including if they access significant amounts of data that does not count against their high-speed data allotment. Some network management for these scenarios for all plans is required, because very heavy data usage by even a few customers at times and places of competing network demands can affect the network performance for all customers. 

36. CHOICE OF 4G/LTE HIGH-SPEED DATA

Depending on the plan, Customers select how much high-speed data they receive under their service plan. Occasionally, Naked Mobile offers promotions to certain applications that do not count against your high-speed data allotment. These promotions change periodically. For current no-data usage promotions speak to a sales representative at any of our retail stores or visit www.nakedmobile.com. If your total 4G/LTE high-speed data usage exceeds your selected high-speed allotment during a billing cycle, YOU WILL BE REDUCED TO 3G SERVICE. THERE IS NO ADDITIONAL CHARGE FOR 3G SERVICE AND IS CONSIDERED A VALUE-PLUS AS A NAKED MOBILE CUSTOMER AND YOU MUST EXPRESSLY OPT-IN FOR THIS NO COST VALUE-PLUS FEATURE. IF YOU DO NOT OPT-IN FOR THIS NO COST VALUE-PLUS FEATURE YOUR DATA MAY NOT WORK OR BE AT SIGNIFICANTLY SLOWER SPEEDS. 

37. OTHER NETWORK MANAGEMENT 

37.1   Interference Use.

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, or terminate your service.

37.2   Prohibited Network Uses.

Finally, certain uses of our network are also prohibited as described in these Terms and Conditions and our Fair Use Policy available at www.nakedmobile.com. For example, applications which automatically consume unreasonable amounts of available network capacity or are designed for unattended use are prohibited as they may interfere with our ability to provide a good service experience for the majority of our customers, cause capacity issues, and/or degrade network performance.

37.3   Does Data Traffic from Naked Mobile Products Preloaded on a User’s Device or Otherwise Available, Have Precedence over Data Traffic from Other Applications?

No. They are treated just like any other data application on the network, and traffic from these applications is subject to the same reasonable network management practices as other data on the network. 

37.4   What Security Measures Does Naked Mobile Use To Protect Its Broadband Internet Access Services?

We use a variety of physical, electronic, and procedural safeguards to protect our network from events that may negatively impact our customers’ ability to use our Broadband Internet Access Services. We monitor our network to protect against security threats, including spam, viruses, automated attacks, worms, distributed denial of service attacks, and other potentially malicious activity. When we detect a threat, we will attempt to prevent it from spreading across our network using a variety of security measures, which may include rerouting or limiting some traffic over our network until the threat is resolved.

Unless part of an opted-in customer service, Naked Mobile does not block lawful traffic based on content or subject. Occasionally, cases arise where Naked Mobile must make a judgment, determining that the value of protecting our customer base from malicious or other adverse, network-impacting traffic outweighs access issues experienced by a few. Examples include Internet sources or destinations that are major sources of spam and sources that aggressively scan Internet addresses or those that have attempted attacks against Naked Mobile infrastructure or customer end-points.

Naked Mobile blocks a limited number of Internet addresses that are disruptive or malicious and typically persistent, based on our review of third party industry-wide intelligence. Naked Mobile does not block sites based on content or subject, unless the Internet address hosts unlawful content or is blocked as part of an opted-in customer service. 

37.5      Does Naked Mobile Allow Customers To Use Non-Naked Mobile Devices And Applications For Its Broadband Internet Access Services?

Naked Mobile customers may use any GSM, UMTS, or LTE device, such as a tablet or smartphone, to access our Broadband Internet Access Services, as long as they are compatible to our network and do not cause harm to our network. If you did not purchase your device from Naked Mobile, please be aware that Naked Mobile has not made any determination as to the call quality, performance, or other functionality provided by the device.

Our customers may use our Broadband Internet Access Services to access any lawful application, including real-time applications, in a manner consistent with our Terms and Conditions and Fair Use Policy. Naked Mobile reserves the right to take whatever measures are necessary to protect our network from potentially harmful devices and applications. The performance of a real-time application on our network depends on the speed and latency of the subscriber’s connection, as well as their chosen data plan (see above for details).

In most markets the Naked Mobile’s 2G/3G/4G/LTE network operates on 700MHz, 850MHz and 1900MHz band and/or the Personal Communications Services (PCS) 1900 MHz band using Universal Mobile Telecommunications System (UMTS) and High Speed Packet Access (HSPA) technology. In order to connect to the Naked Mobile 3G/4G/LTE network a device must support UMTS and HSPA technology in the 700MHz, 850MHz and 1900MHz bands. 

38. PRIVACY 

How Does Naked Mobile Protect The Privacy Of Customers Using Its Mobile Broadband Internet Access Services?

Naked Mobile is committed to protecting the privacy and security of our customers’ personal information. For information on how Naked Mobile protects its customers’ privacy, please review our Privacy Policy at www.nakedmobile/privacy-policy.

39.  CONTACT INFORMATION

Consumers may access our Pricing and Privacy policies via our website at http://www.nakedmobile.com. Consumers may contact our Customer Service Department through the company’s website, by visiting one of our stores, or by calling:

TOLL FREE: 1 (844) 236-2533

We are available to assist you:

Monday through Sunday 7 a.m. – 7 p.m. (Times listed are Arizona Standard Time)