Naked Mobile Terms and Conditions
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. 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 found 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 the T-Mobile network via a roaming agreement between SBI and T-Mobile, collectively referred to herein as the Naked Mobile network.
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:
1. 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. Your Naked Mobile phone can only be used through Naked Mobile and cannot be activated with any other wireless service. Your Naked Mobile phone will only operate with a Naked Mobile Service Plan. 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.
2. NATURE OF SERVICE
Our rate plan, 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 Network and other networks through a roaming agreement between SBI and other carrier’s networks. Naked Mobile’s Coverage 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.
3. OUR AGREEMENT TO PROVIDE YOU CELLULAR SERVICE; YOUR AGREEMENTTO PAY; BLOCKING
During any term under this Agreement, we will provide you with cellular service where we are licensed to do so and have suitable facilities, or have an agreement with another carrier that allows you access to the other network, subject to the limitations described below and subject to the requirements of any Naked Mobile tariff and applicable laws and regulations. You agree to pay for our services and equipment we supply at the rate in your Service Plan Agreement or as posted in our stores or on our Website and according to this Agreement. We 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).
4. 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.
5. 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.
6. PROHIBITED NETWORK USES
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 our customer’s services. 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 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. The following is a non-exclusive list of prohibited voice uses: Naked Mobile services may not be used for monitoring services, transmission of broadcasts, transmission of recorded material, telemarketing, autodialed calls, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between individuals. Naked Mobile data services are provided solely for purposes of web surfing, sending and receiving email, photographs and other similar messaging activities. Our data services may not be used: (i) to generate excessive amounts of Internet traffic through the continuous, unattended streaming, downloading or uploading of videos or other files or to operate hosting services including, but not limited to, web or gaming hosting; (ii) to maintain continuous active network connections to the Internet such as through a web camera or machine-to-machine connections that do not involve active participation by a person; (iii) to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, “junk mail”, unsolicited commercial or bulk email, or fax; (iv) for activities adversely affecting the ability of other people or systems to use either Naked Mobile’s wireless services or other parties’ Internet-based resources, including, but not limited to, (1) for an activity that connects any device to personal computers (including without limitation, laptops), or other equipment for the purpose of transmitting wireless data over the network; or (2) for any other reason that, in our sole discretion violates our policy of providing service for individual use, including but not limited to, service consumption that is disproportionate to that of the typical user – irrespective of the particular application used — and that creates the potential to disrupt or degrade service for other users.
7. UNLIMITED USE
Your Naked Mobile Service Plan, 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.
8. MESSAGING (TEXT, VIDEO AND PICTURE) AND DATA
Certain messages, including those to third parties to participate in a promotion or other program, will result in additional charges. 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 phone occurs regardless of who initiates the activity, and you are responsible for all data activity from and to your phone. Your bill will not separately identify the actual amount of data used (i.e., KB’s; MB’s; GB’s) associated to your use of specific sites, sessions or services used. Premium content (games, ringtones, songs, etc.) are priced separately.
8.1 Permissible and Prohibited Uses. Your Data Plan is intended for Web browsing, messaging, and similar activities on your Device and not on any other equipment. Unless explicitly permitted by your Data Plan, 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. Other examples of prohibited uses can be found below in the Your Responsibility For Use Or Any Misuse Of Your Cellular Service Or Equipmentsection. 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 terminate, end, modify, disconnect, or suspend service if an individual engages in any of the prohibited data uses set forth in this Agreement or Cellular One’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. If you use your Data Plan in a prohibited 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 switch you to a more appropriate Data Plan. 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, Naked Mobile may implement other network management practices, such as caching less data, using less capacity, and sizing video more appropriately for a Device to transmit data files more efficiently. These practices are agnostic to the content itself and to the websites that provide it. While we avoid changing text, image, and video files in the compression process when practical, the process may impact the appearance of files as displayed on your Device.
8.2 Data Plans. Naked Mobile may, from time to time, offer Data Plans that offer “Unrestricted Increments Of Usage” up to a specific amount of data use. Unrestricted Increments Of Usage means Cellular One does not intentionally reduce a user’s bitrate transfer speed. These type 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 if applicable. Any unused data during a billing cycle does not roll over to the next billing cycle. Billing cycles are normally 30 days. Further, Naked Mobile may have roaming agreements with other carriers that allow a user to access data on a Naked Mobile (SBI’s) roaming partner’s network. Because of the roaming agreements between Naked Mobile (SBI) and other carriers Naked Mobile reserves the right, in 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
8.2 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.
9. 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.
10. 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.
11. 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.
12. YOUR RESPONSIBILITY FOR USE OR ANY MISUSE OF YOUR CELLULAR SERVICE OR EQUIPMENT
12.1 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.
12.2 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.
12.3 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.
13. 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 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.
14. LIMITATION OF NAKED MOBILE’S LIABILITY
Due to the limitations of cellular service and for other reasons, Naked Mobile will not 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.
15. 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.
16. 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 future. Other details about our current practices and policies are available in our stores and on our Website and may include, among other things: technical requirements, phone numbers, acceptable use, and text messaging. We reserve the right to change policies at any time, with or without notice. If a policy conflicts with this Agreement, the 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.