This Agreement governs the provision of the Services by Elevate Platforms LLC (d/b/a Thrive Mobile) (“Thrive Mobile,” the “Company,” “we,” “us,” or “our”) to you (“your,” “applicant,” “customer,” “subscriber,” “participant,” or “user”) and your use of the Services and Devices. As used in this Agreement, the term: (A) “Services” means voice telephony (“talk”), text messaging (“text”), broadband Internet access services (“data”), and any other services provided to you by Thrive Mobile including support services provided by Thrive Assistants pursuant to Section 11 of these Terms and Conditions, services and devices subject to Affordable Connectivity Program discounts, and prepaid wireless service; (B) “Device” means any phone, smartphone, tablet, accessory, or other device provided or sold to you by Thrive Mobile or that you activate or use with our Services; and (C) “Underlying Carrier” means the wireless provider whose facilities we use to provide you wireless Services. The complete Agreement between you and Thrive Mobile consists of:

(1)   these Terms and Conditions and Agreement to Arbitrate Disputes and Judge or Jury Trial Waiver (“Terms and Conditions”), including the Acceptable Use Policy;

(2)   any terms of service associated with your selected Service Plan;

(3)   any tariff we have filed with respect to any of the Services we provide you;

(4)   the Thrive Mobile Privacy Policy, available at https://www.thrivemobile.com/privacy-policy;

(5)   the Thrive Mobile Broadband Transparency Policy, available at https://www.thrivemobile.com/transparency-policy;

(6)   the Thrive Mobile Accessibility Policy, available at https://www.thrivemobile.com/accessibility-policy; and

(7)   any other policies or documents incorporated herein or therein by reference.

To the extent that any provision or clause in these Terms and Conditions conflicts with any provision or clause of our more specific policies or a specific service plan offer, the terms of those specific documents will govern.

‍

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY as they contain important information about your rights and obligations related to the Services and Devices we provide to you. These Terms and Conditions: (1) require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions; (2) limit our liability and the remedies available to you in the event of a dispute; (3) permit us to terminate, suspend, modify, or limit your Services at any time, without prior notice, and for any reason, including your violation of these Terms and Conditions; and (4) reserve our right to modify these Terms and Conditions at any time, in our sole discretion, and with limited notice requirements, with most modifications becoming binding on you once posted on the Thrive Mobile website, which you should check regularly for updates.

‍

THIS AGREEMENT BECOMES EFFECTIVE AND LEGALLY BINDING ON YOU WHEN YOU:

(a) initiate, enroll in, or subscribe to the Services; (b) use or attempt to use the Services; (c) pay for the Services; (d) upgrade or modify the Services, (e) start any application, program, or software that states you are accepting this Agreement, or (f) accept the Services or Agreement through any written, oral, or electronic statement or signature. This Agreement continues until we or you terminate your Services. You must be 18 years or older to enter into this Agreement. When you accept these Terms of Service, you represent that you are at least 18 years of age and that you meet the eligibility standards for Thrive Mobile’s Services. If you disagree with any of the terms or conditions stated herein or you are not 18 years of age, do not initiate Services with Thrive Mobile or contact Thrive Mobile Customer Service immediately to terminate your Services by dialing 611 from your Thrive Mobile Device or calling toll-free at 888-384-7483. We may deny requests to subscribe to our Services for any lawful reason.

‍

1.1 Program Description

The Affordable Connectivity Program (ACP) is a government assistance program administered by the Universal Service Administrative Company (USAC). The ACP program provides discounts on monthly communications services for eligible consumers, including voice calls, text messages, and broadband Internet access services.  The ACP presently provides discounts of up to $30 per eligible household on monthly broadband Internet access service (or up to $75 per eligible household on Tribal lands). Eligible households can also receive a one-time discount of up to $100 to purchase a laptop, desktop computer, or tablet from participating providers if they contribute more than $10 and less than $50 toward the purchase price. Discounts are applied to the retail rates of Thrive Mobile’s Service Plans (discussed in Section 2) for eligible Thrive Mobile subscribers.

‍

1.2 Application Process

To request enrollment in Thrive Mobile’s ACP-supported services, you must complete an ACP service application. The application requires that you certify, under penalty of perjury, that you understand and agree to the laws, regulations, and other requirements for receiving ACP services.  By submitting an application, you consent to Thrive Mobile or its representatives assisting you with applying for ACP services or doing so on your behalf and to the release necessary information (e.g., name, telephone number, address, and eligibility information) to process your application or for administration of ACP services to federal government entities, or USAC. Failure to consent will result in denial of ACP services.

This consent is ongoing while you are a Thrive Mobile ACP subscriber and survives any termination of this Agreement.  Thrive Mobile addresses subscriber data use and subscriber privacy rights in detail in its Privacy Policy, available at https://www.thrivemobile.com/privacy-policy. Thrive Mobile’s Privacy Policy is incorporated into this Agreement by this reference.  

‍

1.3 Eligibility

You must meet the applicable eligibility standards to be eligible for Thrive Mobile’s ACP services.  ACP eligibility standards are determined by federal law and regulations.  These eligibility requirements include program-based eligibility or income-based eligibility. You must also be at least 18 years old (unless you are an emancipated minor) and must not be listed as a dependent on another person’s tax return (unless over the age of 60).

Eligibility is determined when applicants enroll in eligibility databases, which may request documentation as evidence of an applicant’s eligibility. Acceptable documentation is determined by USAC and third-party administrators and will be explained to you when such documentation is requested.

‍

1.3.1 ACP Program-Based Eligibility

Thrive Mobile subscribers may qualify for ACP program-based eligibility if they participate in one or more of the following programs:

‍

a) Programs applicable to all subscribers:

1. Lifeline Program
2. Supplemental Nutrition Assistance Program (SNAP)
3. Federal Public Housing Assistance (FPHA)
4. Medicaid (not Medicare)
5. Supplemental Security Income (SSI)
6. Veterans and Survivors Pension Benefits
7. Federal Pell Grant in the current award year
8. Free and Reduced Price School Lunch Program or School Breakfast Program including at US Department of Agriculture Community Eligibility Provision schools
9. Special Supplemental Nutritional Program for Women, Infants and Children (WIC)

b) Additional programs applicable to subscribers residing on Tribal lands:

1. Food Distribution Program on Indian Reservations (FDPIR)
2. Bureau of Indian Affairs General Assistance (BIA)
3. Tribally-Administered Temporary Assistance for Needy Families (TANF)
4. Tribal Head Start (meeting income qualifying standards)
5. ‍

1.4 Income-Based Eligibility

You may qualify for the ACP based on income (income-based eligibility) if your total gross income is at or below 200% of the Federal Poverty Guidelines.  Please visit USAC’s eligibility website for details. Federal regulations define “gross income” as all income actually received by all members of the household from whatever source derived, unless specifically excluded by the Internal Revenue Code.

‍

1.5 One Per Household Rule

Under federal law, only one ACP benefit is permitted per household, which may be applied to wireless or landline service. For purposes of the ACP program, a household is defined as any individual or group of individuals who live together at the same address and share income and expenses. Separate households that live at the same address are eligible, including, for example, residents of homeless shelters and nursing homes. A household is not permitted to receive ACP benefits from multiple providers, but the ACP benefit associated with your household may be transferred from another provider to Thrive Mobile, subject to certain restrictions.

‍

1.6 Availability

To receive ACP service through Thrive Mobile, an applicant’s principal and permanent residential address must be within Thrive Mobile’s service area. Applicants cannot apply for ACP service using a second home or business address. If you move to a new address, you must provide that new address to Thrive Mobile within 30 days of moving. Visit thrivemobile.com/coverage to check whether you reside in Thrive Mobile’s service area.

‍

1.7 Annual Recertification

ACP subscribers are required to recertify, on an annual basis (once per calendar year), that they continue to meet eligibility requirements and other qualifications to receive ACP services.  Recertification is conducted or facilitated by USAC, but Thrive Mobile may send you text messages and other communications reminding you to complete your recertification.  If a subscriber fails to complete the annual recertification by the deadline, Thrive Mobile will notify the subscriber that the subscriber will be de-enrolled from the ACP. If the subscriber fails to recertify by the deadline or no longer meets eligibility requirements or other qualifications, the subscriber will be de-enrolled from the ACP, and the phone number the subscriber was using may be assigned to another subscriber. To continue utilizing the Services, the subscriber may re-enroll in the Thrive Mobile ACP, if eligible, or choose from any of the then available prepaid plans under the applicable terms and conditions for that plan. Upon re-enrollment, the subscriber may be assigned a new phone number.

‍

1.8 Ongoing Eligibility Verification

You must notify Thrive Mobile within 30 days if for any reason you no longer satisfy the criteria for receiving ACP services, including if (1) you no longer meet the income-based or program-based eligibility criteria, or (2) you or a member of your household begins receiving another ACP benefit.  Thrive Mobile may conduct checks to verify your continued eligibility for receiving ACP service at any time.  If we determine that you no longer satisfy the criteria, we will de-enroll you from Thrive Mobile’s ACP service and deactivate your Services.

‍

1.9 Non-Transferable and Non-Assignable

Eligibility for Thrive Mobile’s services is personal to you. Under federal law, you may not transfer to any third party any of your rights or benefits received under the Thrive Mobile Service, including, but not limited to, any voice, text, or data allotments you receive to use the Thrive Mobile Services. Similarly, you may not assign your rights or delegate any of your duties to any third party, including any individual that may be eligible to receive ACP service, without the prior written consent of Thrive Mobile, and any attempted assignment or delegation without such consent shall be void. Thrive Mobile may assign all or part of these terms or your debts to us without notice.

‍

1.10 Service Activation

Subscribers must personally activate their Thrive Mobile ACP service by making a call or as otherwise described by Thrive Mobile at the time you enroll in the service.

‍

1.11 Usage Requirement

To maintain Thrive Mobile ACP service, FCC regulations require that, unless a subscriber has a regular billing and payment relationship with us, the subscriber must use the service every 30 days. Subscribers can “use” the Services by: (1) completing an outbound call, sending a text message, or using data; (2) purchasing minutes or data from Thrive Mobile to add to the subscriber’s service plan; (3) answering an incoming call from a party other than Thrive Mobile; or (4) responding to direct contact from Thrive Mobile and confirming that the subscriber wants to continue receiving the ACP service. We note that if you receive data-only service, the texting or calling “use” provisions may not apply. At or before 30 days of non-use, Thrive Mobile will provide subscribers with notice that failure to use the ACP services within a 15-day notice period will result in de-enrollment. Thrive Mobile may also send text messages reminding a subscriber to use the service. If a subscriber does not respond to the notice or use the service before the end of the 15-day notice period, Thrive Mobile is required to and will de-enroll the subscriber from the ACP. At that time, the subscriber’s Services will be deactivated, except that the subscriber still will be able to use the Device associated with the Services to contact 911 emergency services, provided it is charged and able to connect to a wireless network. To continue utilizing the Services, the subscriber may re-enroll in the Thrive Mobile ACP, if eligible, or choose from any of the then available prepaid plans under the applicable terms and conditions for that plan. Upon re-enrollment, the subscriber may be assigned a new phone number.

‍

1.12 Non-Payment

Thrive Mobile may offer prepaid and postpaid wireless services.  For postpaid services, Thrive Mobile may disconnect the subscriber’s ACP-supported service after 90 consecutive days of non-payment.  At or before 90 days of non-payment, Thrive Mobile may provide subscribers with notice that failure to pay will result in de-enrollment. Thrive Mobile may also send text messages reminding a subscriber to pay for their ACP-supported service. If payment is not made, the subscriber’s Services will be deactivated, except that the subscriber still will be able to use the Device associated with the Services to contact 911 emergency services, provided it is charged and able to connect to a wireless network.  Please also see section 4 below, regarding Thrive Mobile’s Charges and Payments terms.

‍

1.13 Fraud and Violation of ACP Rules

The ACP is a federal benefit, and any violation of ACP laws and regulations can result in fines, imprisonment, de-enrollment, or permanently being barred from the program. Willfully providing false or fraudulent information to obtain or continue to receive ACP benefits, violating the one-per-household limitation, or otherwise violating or failing to follow ACP requirements or limitations all constitute violations of federal ACP laws or regulations. Thrive Mobile may suspend or de-enroll you from receiving ACP-supported service, without notice, if we suspect or determine that you have engaged in fraud or violated any ACP laws or regulations.

‍

1.14 ACP Termination or Concurrent Service

The subscriber will be subject to Thrive Mobile’s undiscounted rates and general Terms and Conditions if the ACP ends, if the subscriber transfers their benefit to another provider but continues to receive service from Thrive Mobile, or upon de-enrollment from the ACP.

If the Federal Communications Commission (FCC) terminates ACP funding (or if funding for the ACP is otherwise exhausted), Thrive Mobile will notify the subscriber.  In that event, the subscriber will have the option of subscribing to Thrive Mobile’s services at standard rates, as described in section 4 below; or terminating your services with Thrive Mobile entirely.

‍

1.15 De-Enrollment

In addition to de-enrollment for any of the reasons described in these Terms and Conditions, you may request to be de-enrolled from ACP service for any reason and at any time by contacting Thrive Mobile Customer Service. De-enrollment requests (including name, wireless number, and identity related information) can be made by phone (dialing 611 from your Thrive Mobile Device or calling toll-free at 888-384-7483) or electronically by emailing help@thrivemobile.com. Upon receiving a request, you will be de-enrolled within two (2) business days. Upon de-enrollment from the ACP program, you will no longer receive free minutes, text messages, or data each month and will be required to re-qualify for ACP service if you choose to enroll in another Thrive Mobile ACP service plan.  Additionally, a subscriber may be de-enrolled at the request of a federal government authority.

‍

1.16 ACP Benefit Transfer

You may transfer your ACP benefit from another ACP provider to Thrive Mobile or from Thrive Mobile to another ACP provider. Thrive Mobile complies with the FCC’s rules regarding transferring ACP benefits.  The effect of an ACP benefit transfer is that the subscriber’s ACP benefit will be applied to Thrive Mobile’s ACP service and will no longer be applied to service from the subscriber’s former ACP service provider.  Subscribers transferring ACP benefits to Thrive Mobile may be subject to their former ACP provider’s undiscounted rates as a result of the transfer if the subscriber elects to maintain service from that provider.  ACP rules limit subscribers to one ACP benefit transfer transaction per service month, with limited exceptions for situations where a subscriber seeks to reverse an unauthorized benefit transfer or is unable to receive service from a specific provider.  

‍

1.17 FCC Consumer Complaint Center

In addition to the resources outlined in section 13 of these Terms and Conditions, subscribers with complaints related to Thrive Mobile’s ACP services may file a complaint via the FCC’s Consumer Complaint Center.  The FCC Consumer Complaint Center is available at: https://consumercomplaints.fcc.gov/hc/en-us.  

‍

2.1 Service Plans

Except as otherwise described in this Agreement, you must be enrolled in a Service Plan to utilize our Services. Wireless Service Plan descriptions, including rates and associated talk, text, and data allotments (collectively, “Allotments”), are available on the Thrive Mobile website at thrivemobile.com/plans.  Service Plan availability, rates, and Allotments may vary by state and are subject to change at any time. You may not be eligible for certain Service Plans or rates. Service Plans that include allocations of voice minutes include caller ID, voicemail, call waiting, and 3-way calling. ACP discounts are automatically applied to the retail rate of the Service Plan you select, and you must pay any additional co-pay. Service Plans are non-refundable, cannot be transferred to any third party (including another Thrive Mobile account or customer), and may not be exchanged or resold. Notwithstanding the foregoing, Thrive Mobile may, from time to time, provide refunds in its sole discretion. New subscribers select a Service Plan upon enrollment and existing subscribers can contact Customer Service to change their Service Plan by dialing 611 from their Thrive Mobile Device or calling toll-free at 888-384-7483. Service Plan changes are usually effective at the start of the next monthly service renewal date.

‍

2.2 Talk, Text, and Data Allotments

Talk, text, and data allotments have no cash value, are non-refundable, cannot be transferred to any third party (including another Thrive Mobile account or customer), and may not be exchanged, resold, redeemed, or substituted for cash, merchandise, or services. If you terminate your service, you will forfeit and are not entitled to a full or partial refund for any unused Allotments. Notwithstanding the foregoing, Thrive Mobile may, from time to time, provide refunds in its sole discretion. If you use your full talk, text, or data allotment before the start of a new monthly cycle, the Service associated that allotment with be suspended for the remainder of the monthly cycle, except that you will be able to continue contacting emergency services by dialing 911 and Thrive Mobile Customer Services by dialing 888-384-7483 or 611. Suspensions may occur while you are engaged in calls, text communications, or data usage, in which case, Thrive Mobile is not responsible for any costs, losses, or damages caused by such interruptions, including to reestablish communications. You may check your Allotment balances at any time free of charge by dialing 611 from your Thrive Mobile Device or calling 888-384-7483. You are responsible for all usage of Allotments regardless of who uses or possesses your Device and regardless of whether the Device is used with your consent or knowledge. Unused Service Plan Allotments expire on the last day of your monthly cycle and will not carry over to the next monthly cycle unless specifically provided for by the Service Plan.

‍

2.3 Use of Voice Allotments

All incoming and outgoing voice calls on your Device, regardless of whether the call is on the network of our Underlying Carrier or roaming, use talk minute allotments, including calls to toll-free numbers but excluding 911 emergency calls, Thrive Mobile Customer Service Calls to 611 and 888-384-7483, and other calls specified herein. Call time is measured in one-minute increments, with a minimum time per call of one (1) minute. Partial minutes of use are rounded up to the next full­ minute at the end of each call. Thrive Mobile does not allow free calls to other Thrive Mobile subscribers. Outgoing calls begin the moment you initiate a call and incoming calls begin the moment the signal connection from the caller is established with our facilities. Calls end after you or the other party terminates the call, but not until we receive a signal that the call has disconnected. Call length information displayed on your Device may not be accurate for calculating use of voice allotments. For simultaneous calls (incoming call waiting calls and 3-ways calls), talk minutes may be deducted for each call. Call time may include ring time, incomplete calls, unanswered calls, busy signal calls, voicemail deposit and retrieval time, and time to process call transfers. Calls that begin during one monthly cycle and end in another monthly cycle are generally deducted from talk allotments from the starting monthly cycle. No credit or refund is given for dropped calls.

‍

2.4 Use of Text and Multimedia Message Allotments

Each Short Message Service (“SMS” or “text”) and Multimedia Messaging Service (“MMS” or “multimedia”) message that is sent or received on your wireless Device is deducted from text message allotments, whether read or unread, viewed or unviewed, or solicited or unsolicited. Thrive Mobile does not allow free texts to other Thrive Mobile subscribers. Most text messages are limited to 160 characters. Multimedia messages can typically include pictures, audio clips, and more characters, which may be limited. Some Devices may not be able to send, receive, or access multimedia messages. We reserve the right to change the multimedia message size limits at any time without notification. There is no guarantee that messages will be received, and Thrive Mobile is not responsible for lost or misdirected messages.

‍

2.5 Use of Data Allotments

All data usage that occurs through your wireless Device (except for data usage that occurs when your Device is connected to Wi-Fi provided by a third party) will be deducted from your data allotment, including all active and passive usage, regardless of who initiates the usage, and whether or not the data transmissions are successful. All data usage is calculated in full-kilobyte increments and actual usage is rounded up to the next full-kilobyte increment at the end of each data session. Data usage may occur whenever your Device is connected to the network of our Underlying Carrier or roaming and transmitting data, including, but not limited to: (a) sending, receiving, or downloading any type of content, including emails, documents, files, pictures, MMS messages, and any other content, (b) accessing websites, (c) downloading and using applications, (d) streaming content, or (e) requesting software updates. Data usage may also occur from normal operation of software used by the network and/or your device, including (i) for access, transport, and routing of data on the network of our Underlying Carrier, (ii) from partial or interrupted downloads and resend requests caused by network errors or when you cancel or attempt to cancel a transmission, and (iii) from unsuccessful attempts to reach websites or use applications. Some applications, content, programs, and software that you download or that come pre-installed on your Device regularly send and receive data transmissions when your Device is powered on to function properly, without you affirmatively initiating transmissions. For example, applications that provide real-time information, location-based services, or synchronization with cloud services frequently or continually send and receive updated information so that it is available to you when you want to access it. In addition, any advertisements or advertiser-related messages or data delivered to your Device, even if delivered to an application, and any messages or content that are initiated in response to an advertisement, use data. Based on several factors (e.g., the specific application, network performance, etc.) data usage may vary widely, even for the same activity. Estimates of data usage (e.g., the size of downloadable files) will not necessarily be an accurate predictor of actual usage. To prevent unintended data usage, you should connect your device to third-party-provided Wi-Fi when available and supported by your Device, turn off cellular data while not in use, power off your Device when it is not in use, or delete or disable applications when not in use.

‍

3.1 Device Options

Upon enrolling in Thrive Mobile’s service, you may be eligible to receive a free wireless Device, if available, from Thrive Mobile to use with the wireless Services, in which case, you can upgrade to higher grade device offered by Thrive Mobile for an additional cost, if available.  ACP-supported devices (i.e., certain tablets that we may offer from time to time) are subject to a co-payment of between $10-$50. If you are not eligible for a free Device, Thrive Mobile will provide you with a free SIM that you can use with a wireless Device you purchase from us. Device models offered by Thrive Mobile are selected at our sole discretion and comply with the FCC’s requirements for devices.  For hearing-aid compatible devices, please refer to our Accessibility Policy, located at www.thrivemobile.com/accessibility-policy. Your Thrive Mobile Device can only be used with our Services and cannot be activated by or used on the network of any other wireless service provider.  Thrive Mobile’s device unlocking policy is addressed in detail in section 3.7 below.  Thrive Mobile reserves the right to substitute or replace any Device provided by Thrive Mobile with another Thrive Mobile Device of comparable quality at any time. Devices provided by Thrive Mobile will be delivered to you in-person or to your home address. Thrive Mobile Devices may not be purchased in bulk or sold to third parties. If you provide your own Device, you are responsible for ensuring your Device is unlocked, compatible with and does not interfere with our Services or the network of our Underlying Carrier, and complies with all applicable laws, rules, regulations, and standards. Additionally, your Device cannot be reported as lost or stolen or associated with fraudulent activity. You are responsible for the maintenance of your Device and the purchase and maintenance of any additional hardware or software necessary to use your Device with our Services. Not all Services are available with all Devices, on all networks, or at all times, and we do not guarantee the availability of all Services on all Devices. Some functions and features referenced in the manufacturer’s manual for your Device may not be available when using your Device with Thrive Mobile’s Services, whether the Device is provided by Thrive Mobile or by you.

‍

3.2 Returns and Refunds

Devices purchased directly from Thrive Mobile may be returned for a full refund within 30 days of purchase with the original receipt. Devices must be returned in their original package and with all original components, including, but not limited to the: handset, box, charger, battery, battery cover, manuals, and accessories. All items must be undamaged and in like-new condition, including free from cracks, scratches, liquid damage, or any other damage and free from engravings or attachments that alter the original out of box appearance. Refunds will not be issued for Device returns that are missing components or damaged. Thrive Mobile also will issue a refund or a replacement for defective Devices, as determined by us in our sole discretion, if returned within 30 days. Prior to returning a Device, erase all personal data and disable or remove all security features. Please contact Thrive Mobile at 611 or 888-384-7483 for instructions. Thrive Mobile is not responsible for lost or mishandled returns. If you ship a Device return, we recommend that you obtain a tracking number. Thrive Mobile does not exchange Devices. If an exchange is necessary, you must follow the instructions for returning the Device and purchase a new one. SIM cards are not eligible for returns and/or refunds.

Thrive Mobile does not manufacture any Devices or equipment you may use with the Services, including Devices we may provide or sell to you. We are not liable for any defects, acts, or omissions of the manufacturers. Your Device’s manufacturer may provide you with a warranty directly or that we may pass through from the manufacturer to you. If your Device becomes defective after the standard 30-day return policy, you must contact the manufacturer for any warranty options.

‍

3.3 Loss, Theft, Damage, or Destruction

Upon accepting a Device from us, all risk of loss, theft, damage, or destruction of your Device or its accessories, whether provided by us or by you, is borne by you. Thrive Mobile is not responsible for, nor will we issue refunds for any lost, stolen, damaged, or destroyed phones or accessories. In the event your Device is lost, stolen, damaged, or destroyed, you may purchase a replacement Device from Thrive Mobile at your own expense. If a Device provided by Thrive Mobile is lost, stolen, damaged, or destroyed while in transit to you and before delivery, we may replace the Device in our sole discretion. When you activate a replacement Device, we will apply any remaining Allotments associated with your monthly Service Plan. If your Device is lost or stolen, you are responsible for any usage of your Allotments or charges incurred using your Device until you report the loss or theft to us by contacting Thrive Mobile Customer Service at 888-384-7483. Upon receiving notice of a lost or stolen Device, Thrive Mobile will take immediate steps to suspend the Services. If you do not activate a replacement Device or fail to notify Thrive Mobile that you have found a lost or stolen Device within thirty days (30) days, we may cancel your subscription to Thrive Mobile Services and reassign the number associated with your account to another user. If your Services are canceled or if you choose to terminate your Services following the loss, theft, damage, or destruction of your Device, we will not prorate charges to the date of the cancelation or termination, and you will not receive a credit or refund for any unused Allotments. You agree to cooperate and act in good faith and in a reasonable manner in connection with any investigation of the loss or theft of your Device (e.g., by providing facts, sworn statements, or other information that would help the investigation). Except as otherwise provided herein, if your Device is lost, stolen, damaged, or destroyed, you remain responsible for complying with your other obligations under this Agreement including, but not limited to, payment of any charges.

‍

3.4 Software Updates

Thrive Mobile may, from time-to-time remotely check, update or change your Device’s software, applications, or programming, including your Device’s electronic SIM card, without notice, to address security, safety, or other issues that may impact your service, our Underlying Carrier’s network, or your Device. These changes may result in the following: data use; modification of your Device; alteration or erasure of data stored on your Device; how you have programmed your Device; or how you are able to use your Device. Thrive Mobile is not responsible for lost data or functionality. While your Device is receiving a software update, whether by our action or yours, you may be unable to use your Device in any manner until the software update is complete, including to contact 911 or other emergency services.

‍

3.5 Device Software, Content, and Applications

Thrive Mobile may offer software, content, and applications, which you may choose to download from Thrive Mobile or third-party sources or that may come preinstalled on your Device.  These software, content, and applications may use data as described in section 2.5 above.  These may or may not be branded as Thrive Mobile software, content, and applications. These software, content, and applications are licensed, not sold, to you by Thrive Mobile and/or its licensors/suppliers for personal, lawful, non-commercial use solely in connection with your use of your Thrive Mobile Device with our Services. You may be subject to additional license terms between you and the third-party creator or owner of such software, content, and applications. You acknowledge Thrive Mobile or its licensors/suppliers are the intended third-party beneficiaries of these licenses. Your use of these software, content, and applications must comply with their intended purposes, the license, this Agreement, and all applicable laws. You may only make such copies as is reasonably necessary for your personal non-commercial use. You may not (and you agree not to enable others to) otherwise copy, decompile, reverse engineer, disassemble, reproduce, attempt to derive the source code of, decrypt, modify, defeat, or circumvent protective and other digital rights management mechanisms, combine, or create derivative works of the software, content, and applications or any portion thereof. You may not rent, lease, lend, sell, redistribute, transfer, sublicense, broadcast, or cause public performance of the software, content, and applications or any portion thereof. You agree the software, content, and applications contain proprietary information owned by Thrive Mobile, its licensors/suppliers, or the creator/owner. Thrive Mobile and its licensors/suppliers reserve the right to update, modify, delete, suspend or terminate access to, or impose limits on the use or access of the software, content, and applications at any time, without notice. Without limitation, the warranty disclaimer, limitation of liability, and indemnification provisions found in this Agreement apply to these software, content, and applications. Preloaded content (ex. apps, website bookmarks, contacts) may be required to remain on the device, which means it could not be deleted by the end-user or may reinstall based on updates from Thrive Mobile. You agree to this structure & approach as part of enrollment & usage of Thrive Mobile services. Thrive Mobile does not require device pin codes, patterns, passwords, or biometric security. However, we strongly encourage the use of one of these options based on what works best for our end-user’s preferences and abilities.  

‍

3.6 Unauthorized Modifications

Except as provided in section 3.7, you are not permitted to unlock, re-flash, tamper with, or otherwise alter the hardware or software on your Thrive Mobile Device for any purpose. Your Thrive Mobile Device may have a software programming lock that protects certain of the handset’s operating parameters against unauthorized reprogramming.

‍

3.7 Device Unlocking Policy

Subject to certain limitations, Thrive Mobile complies with the CTIA Consumer Code regarding the ability of our current and former subscribers and individual owners to request that we unlock eligible Thrive Mobile Devices that are locked by or at the direction of Thrive Mobile. Specifically, Thrive Mobile adheres to the following principles:

1. Disclosure. Thrive Mobile has posted this clear, concise, and readily accessible policy regarding postpaid and prepaid mobile wireless Device unlocking on its website.
2. Prepaid Unlocking Policy. Thrive Mobile will, upon request, unlock prepaid Devices no later than one year after initial activation, for subscribers that are in full compliance with our Terms and Conditions.
3. Unlocking Policy. Thrive Mobile will, upon request, unlock Devices used to access Thrive Mobile’s services no later than one year after initial activation, for subscribers that are in full compliance with our Terms and Conditions.
4. Notice. Thrive Mobile will clearly notify customers that their Devices are eligible for unlocking at the time when their Devices are eligible for unlocking or automatically unlock Devices remotely when Devices are eligible for unlocking, without additional fee. Thrive Mobile reserves the right to charge non-customers/non-former-customers with a reasonable fee for unlocking requests. Notice to prepaid customers may occur at point of sale, at the time of eligibility, or through a clear and concise statement of policy on the Thrive Mobile website.
5. Response Time. Thrive Mobile will, within two days of receiving an unlocking request, do one of the following: (i) unlock or provide information to facilitate the unlocking of an eligible phone; (ii) initiate a request to the original equipment manufacturer to unlock a Device; (iii) explain to the requesting customer why the phone is ineligible for unlocking; or (iv) offer a reasonable explanation as to why Thrive Mobile needs more time to process the unlocking request.
6. Deployed Personnel Unlocking Policy. For deployed military personnel who are in full compliance with the Thrive Mobile Terms and Conditions, we will unlock Devices upon receiving a valid copy of deployment papers.

‍

“Unlocking” refers only to the disabling of software that prevents a Device from being used on another carrier’s network, even if that network is technologically compatible. It does not pertain to hardware changes and does not guarantee that a Thrive Mobile Device will be compatible with any particular carrier’s network or that all functionality of the Device can be enabled on any other network. Devices that work on the network of Thrive Mobile’s Underlying Carrier may not work with other carriers’ networks due to the use of different frequencies and technologies to provide wireless network access.

As a reseller of wireless service, Thrive Mobile’s unlocking policy may be subject to limitations imposed by its Underlying Carrier. Additionally, Thrive Mobile may deny a Device unlocking request if, in our sole discretion, we have a reasonable basis to believe that the request is an effort to defraud the company or its subscribers or that the Device is stolen.  

‍

4.1 Charges, Fees, and Taxes

You are responsible for paying all one-time and recurring charges that result from your commercial relationship with Thrive Mobile and from the use of our Services, whether accrued by you or by another person using your Device or Services, including, but not limited to: (i) one time or recurring Service Plan charges; (ii) Device purchase, upgrade, and replacement charges; (iii) activation, reconnection, prepayment, and other administrative or customer service charges or fees; (iv) returned and late payment charges or fees; (v) roaming, network, and other surcharges; (vi) optional feature charges, such as operator and directory assistance, toll and collect calls, voicemail, and call forwarding, if applicable; and (vii) all required or applicable federal, state, and local taxes, surcharges, fees, and any other regulatory or governmental assessments, whether assessed directly upon you or upon Thrive Mobile and billed to you for cost recovery. We do not assess early termination fees. Taxes, fees, and surcharges may vary depending on the billing address associated with your account and may vary from month-to-month based on our or the government’s calculations. We may, but are not obligated to, provide notice of such variances. Advertised rates may not include federal, state, and local taxes, fees, surcharges, and other assessments. With the exception of taxes or other charges that are required by law, no additional surcharges are assessed on ACP-supported services and charges and fees associated with ACP-supported Services are all inclusive and fully disclosed to ACP applicants and subscribers. All charges, fees, and taxes, once paid, are non-refundable.

‍

4.2 Billing and Payment

You may access your monthly invoice by logging into your account at https://thrivemobile-web.telgoo5.com/ACP/Login.php  or by contacting us at help@thrivemobile.com.  If your service plan is not fully covered by an ACP discount, you will receive your bill electronically on a monthly basis. You must prepay the balance due before receiving the allotment specified in your service plan.  If you do not prepay, we may suspend your service.  

You are responsible for reviewing your bills to ensure that all charges are accurate. Thrive Mobile bills will distinguish (a) charges collected and retained by the carrier, including charges for Service Plans, and features, from (b) taxes, surcharges, fees, and any other regulatory or governmental assessments collected by us and remitted to federal, state, or local governments. Cost recovery fees and charges will not be labeled as taxes. You agree to pay for all prepaid charges not covered by your ACP discount immediately when billed using a credit or debit card or other valid payment method. You must promptly notify us of any change in your billing address or payment method.

If we attempt to charge your credit card or any other payment account for a charge and the credit card company or other financial institution withholds or declines such payment because there is an insufficient balance or the charge has been disputed (a “Chargeback”), we reserve the right to suspend or terminate your access to our service until the payment is processed or the Chargeback is reversed, or for ACP participants, we may de-enroll you from the ACP until payment is processed or the Chargeback is reversed.

By providing payment information and accepting this agreement, you authorize us or our payment service provider to charge your payment method in advance for prepaid payments to ensure that payments are received by any due date. You may cancel the automatic renewal of your Service Plan at any time. We will not, except in our sole discretion, refund, prorate, or credit any charges, fees, or taxes, including if you modify or terminate your service before or have remaining Allotments at the end of your monthly cycle. If you wish to dispute a charge, you must do so in accordance with the dispute resolution process described in Section 9.

‍

4.3 Creditworthiness

Thrive Mobile does not condition the provision of Services on a subscriber’s credit rating, credit history, or other method of determining creditworthiness. Thrive Mobile does not provide subscriber payment history and other account billing and charge information to any credit reporting agency or industry clearinghouse. No deposits are held or required as a condition of receiving Services nor do we have any preset account spending limits.

‍

4.5 Promotions and Rewards

Thrive Mobile may, from time to time, provide you with promotional credits, promotional offers, or loyalty rewards (collectively, “Promotions and Rewards”).  Promotions or Awards cannot be applied to any device co-pay required under the ACP. Promotional credits are typically courtesy account credits due to service issues, device issues, or customer inconveniences. Promotional offers are typically plan, device, and pricing offers that are available for a limited time or when you meet certain conditions. Loyalty rewards are typically rewards for being a Thrive Mobile customer. Promotions and Rewards are offered at the sole discretion of Thrive Mobile. Promotions and Rewards can only be claimed and redeemed by accountholders and only will be associated with the account of the customer who was offered the Promotions and Rewards. Promotions and Rewards may not be sold or transferred to another Thrive Mobile account or to any other person. Promotions and Rewards have no fixed or cash value or equivalent, and may not be exchanged, transferred, resold, redeemed, or substituted for cash, merchandise, or services. If your Thrive Mobile Services are terminated for any reason, any Promotions and Rewards offered to you or associated with your account are forfeited. If you fail to make payments on your account or otherwise violate this Agreement, you may lose the ability to claim or redeem Promotions and Rewards. Promotions and Rewards are not your property and Thrive Mobile may, in its sole discretion, change, modify, discontinue, suspend, revoke, cancel, or terminate them at any time, with or without notice. Promotions and Rewards may not be available to all subscribers, in all locations, or combinable with other Promotions and Rewards. Promotions and Rewards may be subject to additional terms and conditions as described to you when offered to you.

4.6 Third-Party Purchases

Devices associated with your Services may be used to purchase content, information, applications, and other goods and services from third parties, including in-app purchases (collectively, “Third-Party Purchases”). You are responsible for all charges resulting from Third-Party Purchases and are presumed to have provided the consent and representations required for those purchases regardless of whether the purchases were made by you or someone using a Device associated with your account, including consent for the use and disclosure of your account information to provision and bill for the purchases, consent to use location information to deliver the purchases to the Device, and representations of age for the person using the Device when a purchase is made.  If you cancel or attempt to cancel a download or purchase that is in progress, or if a download or purchase is otherwise interrupted through no action on your part, you may nevertheless be charged in accordance with the terms and conditions associated with the purchase. Thrive Mobile will not be liable for any such charges. If you believe your Services were used fraudulently to make purchases, you must notify us immediately and provide us with such documentation and information as we may request (including affidavits and police reports) as evidence of the fraudulent use. After you notify us, we will attempt to help you prevent the fraud by terminating existing Services if possible and practicable, but you will remain responsible for all charges. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to provide reasonable cooperation may result in your liability for all fraudulent usage and charges. Thrive Mobile makes no representations or warranties (expressed or implied), to the fullest extent permitted by law, including for merchantability or fitness for a particular purpose, of Third-Party Purchases nor are we responsible for proper download, installation, functionality, or security of Third-Party Purchases.

‍

5.1 Account Access

You can access your subscriber account information by contacting Thrive Mobile Customer Service and providing necessary authentication information. You will only be able to access Customer Proprietary Network Information (“CPNI”), as defined by the FCC, see 47 CFR § 64.2003, by providing a password associated with your account. If you are not able to provide a password, Thrive Mobile can only disclose your CPNI by sending it to your address of record or by calling you at your telephone number of record. We may, but are not obligated to, allow you to authorize other individuals to access your account. If you authorize another person to access your account or provide such person with your authentication information, those individuals may be permitted to make changes to your account. You authorize us to provide information about and make changes to your account, including changes to your Service Plan and features, upon the direction of any person able to provide your authentication information. Those changes will be binding on you and Thrive Mobile takes no responsibility for those changes. To protect the security of your CPNI, your password should be unique and complex. You should not provide your account authentication information, including your password, to third parties, and such information should be stored safely to prevent third-party access. If you believe your account authentication information was disclosed or accessed by an unauthorized person, we advise you to change the information immediately.

‍

5.2 International Calling and Messaging

Thrive Mobile wireless talk and text allotments can only be used for domestic calls and text messages. At this time, international calls and text messages are not included with our Service Plans.

‍

5.3 Wireless Coverage

The availability of Thrive Mobile wireless Services is subject to the geographic coverage area of our Underlying Carrier and its roaming partners. Only domestic U.S. coverage is available; we do not offer international coverage. Coverage is not available everywhere in the domestic U.S., and you will not have access to our Services outside the coverage area. A coverage map reflecting the approximate geographic coverage area of our Underlying Carrier and its roaming partners can be accessed from our website, at thrivemobile.com/coverage. Areas without coverage are shown as gaps. Coverage maps are generated using generally accepted methodologies and standards but are only approximations of actual coverage. There may be locations within the estimated coverage area where actual coverage is limited and you may experience interruptions or reductions in Service quality, including due to interference from buildings and other structures, terrain, and foliage. Additionally, actual coverage at any given time may vary by Service and be affected by factors beyond our control, as described in Section 5.4. Coverage maps and any statements by us, our agents, or dealers about coverage are only intended to provide high-level estimates of our coverage area when you are using our Services outdoors under optimal conditions and do not mean that service will be available under all circumstances, at all times, or without interruption. Thrive Mobile does not guarantee or warrant the coverage of the network of our Underlying Carrier or its roaming partners. Where there is no coverage, 911 calls may not reach public safety answering points. In such instances, subscribers should dial 911 from the nearest landline phone. Coverage maps may be updated periodically and without notice to reflect the current operations of our Underlying Carrier and its roaming partners.

‍

5.4 Service Availability and Quality

In addition to factors that affect coverage, Service availability and quality may be subject to “Service Limitations,” which may depend on whether you are using wireless or landline Services. These include interruptions, delays, or reductions, due to a variety of factors, including, but not limited to: weather and atmospheric conditions; obstructions; electromagnetic interference; use of the Services inside a building or moving vehicle; your geographic location relative to our coverage area; your proximity to wireless cell sites; the capacity of a cell site; the number of other customers connected to the same cell site; other network capacity limitations and congestion; the capabilities and compatibility of your device; network outages or issues on the network of our Underlying Carrier or interconnecting carriers; and priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency. Additional factors that may affect our Services are described in our Broadband Transparency Policy, available at https://www.thrivemobile.com/transparency-policy.  Once identified, Thrive Mobile takes reasonable steps to attempt to remedy Service Limitations that are within its control. Service Limitations may also occur as a result of network maintenance, including equipment modifications, upgrades, relocations, repairs, or similar activities necessary or proper for network operation or improvement imposed by Thrive Mobile, its Underlying Carrier, or interconnecting carries. Thrive Mobile will use reasonable efforts to notify you prior to the performance of such maintenance and will attempt to schedule its maintenance during non-peak hours. Service Limitations may result in dropped or blocked calls, inability to make or receive calls, inability to send or receive text messages, or inability to access the Internet and other data services. You acknowledge that the Services are provided through the nationwide wireless network of the underlying carrier of our choosing and may be subject to the service availability and quality of our Underlying Carrier. We do not guarantee or warrant the availability or quality of the Services at any given time or geographic location, we are not liable for Service Limitations, and you are not guaranteed compensation or reimbursement for Service Limitations. Notwithstanding the foregoing, if your Services experiences Service Limitations for 24 or more continuous hours by a cause within our control, and you notify Thrive Mobile at 888-384-7483 within seven (7) days of the Service Issue, we may, in our sole discretion and on a case-by-case basis, issue you a credit.

‍

5.5 Service Security and Optimization

Thrive Mobile or our Underlying Carrier may, but are not obligated to, take any action we deem necessary to: (1) address security threats and otherwise protect the networks, Services, systems, and equipment from harm or degradation; (2) optimize, improve, or manage the networks, Services, systems, and equipment; (3) preserve and protect their rights and interests and those of their subscribers and third parties; and (4) otherwise ensure the activities of some users do not impair the ability of Thrive Mobile or our Underlying Carrier to provide their subscribers with access to reliable Services provided at reasonable costs. Such actions may include, but are not limited to:

a)     discontinuing, blocking, or terminating certain categories of Services;

b)    restricting, reducing, or limiting the amount of usage of the Services;

c)     limiting data throughput speeds or quantities;

d)    reducing the size of data transfers;

e)    limiting, disabling, or preventing access to particular features;

f)      blocking, limiting, or disconnecting access to individual phone numbers or certain categories of phone numbers (e.g., 976, 900), countries, destinations, or providers;

g)     limiting the provision of Services at certain times or in certain areas, including due to changes in coverage of our Underlying Carrier or changes in roaming agreements;

h)    filtering or blocking certain calls, texts, and data transmissions sent through the network, including spam, unlawful and unwanted telemarketing calls and messages, and malware (we do not guarantee that you will not receive and we are not liable for such calls, text, or transmissions; if you are receiving unwanted telemarketing messages, contact the source and unsubscribe or remove your mobile phone number from the service);

i)      blocking calls to you at your request or to other called parties at their request;

j)      blocking or otherwise preventing access to third party services or other premium services, features, or content that would generate additional fees or charges billed to Thrive Mobile, either directly or through your account as a result of your use of or access to the service, feature, or content;

k)     blocking hacking and other attempts for unauthorized access; and

l)      blocking or terminating usage that is indicative of uses prohibited by the Acceptable Use Policy (Section 6), including uses that result in abnormally long calls, high costs, or high usage.

Some of these actions may interrupt or prevent legitimate communications and usage, including by resulting in dropped or blocked calls, inability to make or receive calls, inability to send or receive text messages, or inability to access the Internet and other data services. For additional information about our network security practices for our data Service, please review our Broadband Transparency Policy at https://www.thrivemobile.com/transparency-policy.

‍

5.6 Wireless Device Location Information

Your wireless Device may be location enabled, which means the location of your Device can be determined by using Global Positioning Satellite (“GPS”), wireless network location information, or other location technology when your device is turned on. Your location information may be used by us, our Underlying Carrier, or third-party services, as described in our Privacy Policy, available at https://www.thrivemobile.com/privacy-policy. Additionally, your location information may be used by 911 and other emergency services, as described in Section 5.7. Your location information may be unavailable if your Device is unable to acquire satellite signals and network coverage, which may prevent you, us, and other services from accessing your location. Satellite signals and network coverage may be unavailable due to a variety of factors beyond our control, as described in Sections 5.3 and  5.4. We do not warrant or guarantee that location-based services will be available at any specific time or geographic location. You may be able to configure the settings on your Device or in third-party services to restrict or disable the sharing of your location information. It is your responsibility to notify individuals who may use your Device that it may be location enabled.

‍

5.7 911 and Other Emergency Services

Your Device’s location information may be used to assist emergency services in finding you, but you should always be prepared to provide both your location information and phone number when contacting 911 or other emergency services. Wireless devices may not always be able to provide 911 dispatchers with your exact location or other information when you make an emergency call. Even when location information is transmitted from your wireless Device to a dispatcher, the information may not be accurate. If you attempt to make an emergency call from your wireless Device in an area where there is no wireless coverage, your call may not go through, in which case, you should try calling again from the nearest landline phone. Thrive Mobile does not guarantee that your location information will be transmitted to emergency dispatchers or that any location information that is transmitted will be accurate. Nor does Thrive Mobile guarantee that you will be able to contact emergency services in areas where there is limited or no wireless coverage.

‍

5.8 Third-Party Content and Applications

Devices may be used to access and disseminate third-party content and applications through the Services. Some content and applications may: (i) harm your Device or its software; (ii) infringe on the rights of others; (iii) be unreliable, inaccurate, or incomplete; (iv) be offensive, indecent, or objectionable; or (v) be unsuitable for minors. When you access, download, install, or use third-party content and applications, you may voluntarily or involuntarily provide information to third-party content and applications providers. You are solely responsible for evaluating the third-party content and applications accessed while using the Device and Services. By allowing a minor to use the Device and Services, you are consenting to the minor being able to access any third-party content and applications available through the Services and provide information to the third-party content and application providers; we strongly recommend that you monitor the third-party content and applications accessed by minors using the Device and Services. Thrive Mobile does not control and is not responsible for the third-party content and applications accessed or disseminated using the Device or Services. We may, but do not have the obligation to, monitor, review, and restrict or refuse to transmit certain third-party content and applications. Thrive Mobile is not a publisher of third-party content and applications. When you access, download, install, or use third-party content and applications, you are subject to the terms and conditions and privacy policies of those third-party content and applications. You may review our Privacy Policy, at https://www.thrivemobile.com/privacy-policy, to learn how you may provide information to third-party content and applications. For assistance with third-party content and applications, contact the third-party developers or owners directly.

‍

5.9 Phone Numbers and Porting

You must accept the phone number we assign to you at the time you subscribe to Thrive Mobile’s Services. We reserve the right to change your mobile phone number at any time, but we will attempt to notify you prior to any such change. You can switch your number to another Thrive Mobile Device at no additional charge. Except for any legal right you may have to transfer (“port”) your phone number to or from another carrier, you have no and cannot gain any proprietary ownership or other rights to any phone number we assign to you, your Device, or your account. We do not guarantee that numbers ported to or from Thrive Mobile will be successful. To request to port a phone number to or from Thrive Mobile, please contact Thrive Mobile Customer Service by dialing 611 from your Thrive Mobile Device or calling toll-free at 888-384-7483. Before you call to port a number to Thrive Mobile, please have a bill from your existing wireless or wireline provider available. When you port a number to Thrive Mobile from another carrier, you are solely responsible for all charges billed or incurred prior to deactivation of service with your prior carrier and for any applicable early termination fees assessed by your prior carrier; Thrive Mobile will not reimburse you for these charges. Due to compatibility issues, you may be required to purchase or obtain a new device to use our Services after you port a number to Thrive Mobile, and you may be without Services until the new device is configured. If you authorize another carrier to port a number from Thrive Mobile, we will consider that a request by you to terminate all of your Services with us that are associated with that number and the termination will occur on the date the number is ported. Notwithstanding our honoring port requests, any balance due will still be owed by you to us. If your Services are terminated for any reason and you do not port your number to another provider, we may after 45 days reassign the phone number you were using to another subscriber without notice. You must transfer your phone number to another service provider within 45 days if you wish to continue to use the phone number.  If you fail to do so, you will lose the ability to use the phone number.  You will not be able to transfer any unused talk, text, or data allotments on your Thrive Mobile account to your new provider and after the porting is completed, you will no longer be able to use our Services with that number. Under no circumstance will we refund you for any Allotments or account payments if you port out your number. If you port your phone number to or from Thrive Mobile, some Services, such as 911 location services, may not be immediately available through Thrive Mobile or the other carrier while the port is being processed.

‍

You are only permitted to use Thrive Mobile’s Devices and Services for lawful, personal, and non-commercial uses. Subject to those limitations, voice and text service is solely for live dialogue between, and initiated by, individuals while data services are provided only for uses such as web surfing, sending and receiving email, using messaging services for live dialogue between, and initiated by, individuals, sharing photographs, non-continuous streaming of videos, downloading files, online gaming, and use of applications.

Prohibited uses included those that are unlawful, harmful, or otherwise impact our ability or the ability of our Underlying Carrier to provide the Services to our or its subscribers. You are responsible for all activity through your Device and Services, including any conduct by others, and are liable to Thrive Mobile for any prohibited uses or damages resulting from prohibited activities or uses that occur using your Device or Services. Prohibited uses include, but are not limited to:

1. Infringement: Infringing or otherwise violating any intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right, which may result from the unauthorized copying, distribution, posting, editing, or modifying of pictures, logos, software, articles, musical works, and videos.
2. Unlawful, Offensive, and Harmful Conduct or Content: Engaging in conduct or dissemination of content that is unlawful, libelous, slanderous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, inciting unlawful or violent acts, or otherwise objectionable. Without limiting the foregoing, you may not access or use our Devices or Services in any manner for the transmission or dissemination of images containing child pornography. We reserve the right to remove or delete any content you have disseminated using our Services that, in our sole discretion, have determined violates this Agreement or is otherwise objectionable.
3. Fraudulent Conduct: Engaging in any fraudulent activity, including, but not limited to: (1) conducting fraudulent business operations and practices; (2) offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes); and (3) individual or business representation as an authorized third-party affiliation or agent for a business entity without the business’ prior consent.
4. Falsification/Impersonation: Using the Device or Services to impersonate any person or entity; falsely state, mask, or otherwise misrepresent yourself or your affiliation with any person or entity; or create a false identity for the purpose of misleading others. Without limiting the foregoing, you may not use invalid or forged headers, invalid or non-existent domain names, false date or time stamps, false originating e-mail addresses or other identifiers, or other means of deceptive addressing.
5. Commercial, Unsolicited, and Spam Communications: Using the Services to distribute, publish, send, or engage in: (i) commercial, marketing, advertising, or promotional communications or solicitations to any person without the person’s consent; (ii) spam, chain mail, bulk messages, automatically generated messages, numerous copies of the same or substantially similar messages, empty messages, or messages that contain no substantive content; and (iii) telemarketing, autodialed, or prerecorded communications. This includes using our mail servers or another site’s mail server to relay messages without the express permission of the account holder or the site.
6. Violation of Third-Party Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, website, or application you access.
7. Excessive Utilization of the Services: Engaging in excessive use of the Services relative to typical usage by other Thrive Mobile customers on similar service plans, including making or receiving an abnormally high number of calls, sending or receiving an unusually high number of messages, repeatedly placing calls of unusually long duration, or consuming a disproportionate amount of available network resources. Such activities suggest the Services are being used other than for personal, non-commercial use in violation of this Agreement and may impair or degrade use of the Services by other customers.
8. Uses Causing Excessive Utilization of Services: Continuous, unattended, or excessive streaming, downloading, or uploading of videos, music, or other files; using applications that automatically consume unreasonable amounts of network resources, are designed for unattended use, operate as automatic data feeds, constitute automated machine-to-machine connections, or are used in a way that degrades network capacity or functionality; using the Services in connection with server devices or to operate a hosting service; using the Services as the functional equivalent of a private or dedicated access line or an access point for intra-company private branch exchange services; maintaining open lines of communication for extended periods of time (e.g., baby monitoring or other monitoring services); and placing or receiving an abnormally high number of calls or repeatedly placing or receiving calls which result in abnormally long call lengths or high costs, including operating a dispatch service, excessive use of multi-party calling features or separate calls that are not bridged together, and excessive use of single party or multi-party chat line services.
9. Traffic Pumping/Access Stimulation: Using the network for any and all activities that are designed to generate traffic to increase the intercarrier compensation billed to Thrive Mobile, including to dial telephone numbers associated with free conference calls, free chat lines, or similar services that are used for traffic pumping/access stimulation.
10. Unauthorized Information Collection: Using our Services for unauthorized information collection, including, but not limited to: phishing, spidering, harvesting, or any other unauthorized collection of e-mail addresses, screen names, or other identifiers of others, using software (including “spyware”) designed to facilitate such activity; or conducting commercial research or commercial data collection, including collecting responses from unsolicited messages.
11. Malicious Software: Distributing, publishing, or posting content that is malicious software (i.e., malware) into the network or through the Services, including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data, or personal information.
12. Hacking: Without the express prior authorization of the owner of any data, systems, or networks, accessing or using such data, systems, or networks, including attempting to gain unauthorized access to, alter, or destroy any information that relates to any Thrive Mobile subscriber or other end-user and attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures.
13. Interception: Monitoring data or traffic on any system or network without the express prior authorization of the owner of the system or network.
14. Intentional Interference: Interfering with service to any user, host, or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks.
15. Device Modifications: Unlocking, re-flashing, rooting, tampering with, altering, or otherwise modifying your Thrive Mobile Device or its software without authorization.
16. SIM Card Modifications: If your Device has a SIM card, without authorization, removing the SIM card, placing the SIM card in another Device, or altering, bypassing, copying, deactivating, reverse-engineering, or otherwise circumventing or reproducing the stored encoded information stored or the encryption mechanisms of the SIM card.
17. Signal Enhancements: Installing, deploying, or using any regeneration equipment or similar mechanism (e.g., a repeater or signal booster) to originate, amplify, enhance, retransmit, or regenerate a transmitted radiofrequency signal, unless authorized by Thrive Mobile.
18. Tethering: Tethering your Device to another device, computer, modem, or other equipment for the purpose of using the data Service, except as required by federal or state law or regulation, or as expressly described to you in writing.
19. Miscellaneous: Reselling or leasing the Services; using the Service for commercial activities; using the Services for pager or voicemail retrieval service; engaging in any other conduct that could or does harm or adversely affect our other subscribers, employees, business, reputation, network, property, Services, operations, or any other person; or assisting, facilitating, or allowing anyone else to do or attempt to do any of the above activities.

This Acceptable Use Policy, including the prohibited uses, applies to all Thrive Mobile Service Plans, including plans with unlimited talk, text, and data Allotments. If you use unlimited Allotments for anything other than personal, non-commercial use or engaging in any other unauthorized, excessive, or abusive use, including uses prohibited by this Acceptable Use Policy, we may, at our sole discretion, terminate, suspend, modify, or limit your Services, as discussed in Section 7.

You are responsible for all fraudulent use of your Device and the Services. In the event you discover or reasonably believe your Device or the Services are being used for fraudulent activities, you must immediately notify Thrive Mobile at 888-384-7483. In the event Thrive Mobile discovers or reasonably believes your Device or the Services are being used for fraudulent activities, Thrive Mobile may take action to prevent such fraudulent activities from taking place, including the termination, suspension, modification, or limitation of your Services, as discussed in Section 7.

Always use your Device in a safe manner that does not create a risk to your safety or the safety of others around you. While driving, use a hands-free mechanism for your wireless device and do not use your wireless Device to send text messages.

You agree that a violation of this Acceptable Use Policy harms Thrive Mobile, which cannot be fully redressed by money damages, and that we shall be entitled to immediate injunctive relief in addition to all other remedies available without the requirement to post a bond. If you want to report any violations of this Acceptable Use Policy, please email us at help@thrivemobile.com.

‍

Either party may terminate the Services, which will terminate this Agreement, at any time on advance notice to the other party with or without cause. Under FCC rules, Thrive Mobile must terminate your service, upon notice to you, if we have a reasonable belief that you no longer qualify for ACP, if you fail to timely recertify, or if you fail to use your device for thirty (30) consecutive days, as described in section 1.14. Additionally, Thrive Mobile may, at any time, with or without prior notice, and at our sole discretion, terminate, suspend, modify, or limit your Services if:

1. We know or suspect you or someone using your Device or Services violated or attempted to violate this Agreement, including the Acceptable Use Policy in Section 6, or any other Thrive Mobile policies or terms and conditions, including the terms and conditions of your Service Plan;
2. We know or suspect you used or attempted to use false or fraudulent means to obtain our Services, including ACP services;
3. We know or suspect you violated or attempted to violate any applicable laws or regulations, including ACP laws or regulations;
4. We know or suspect that you have committed a criminal or harmful act against Thrive Mobile or any of our employees or agents;
5. We know or suspect you are using our Services for fraudulent purposes;
6. We know or suspect you have engaged in improper, illegal, or unauthorized use of your Thrive Mobile Device;
7. Your payment is returned unpaid, you fail to make all required payments when due, any payment is past due, or we reasonably believe there has been fraudulent payment activity in connection with your Services;
8. You provide inaccurate or misleading credit information, your credit has deteriorated, you become insolvent or bankrupt, or we otherwise believe that there is a risk of non-payment;
9. Your actions expose Thrive Mobile to sanctions, prosecution, civil action, or other liability;
10. Your actions cause harm or interfere with the integrity, security, or normal operations of our network or that of our Underlying Carrier;
11. Your actions interfere with another subscriber’s ability to use the Services;
12. Your actions otherwise present an imminent risk of harm to Thrive Mobile or its subscribers.
13. We discover you are under 18 years old and therefore incapable of contracting for goods and services or ineligible to receive ACP services;
14. You threaten, harass, abuse, offend, or use vulgar, derogatory, or inappropriate language toward our employees, agents, or any person whom you contact using our Services or your Device;
15. We are ordered to do so by any federal or state government entity with authority to do so;
16. A condition immediately dangerous or hazardous to life, physical safety, or property exists;
17. We cease to provide Services in your area; or
18. For any other operational or governmental reason.

We may terminate or suspend talk, text, and data Services individually or collectively. Upon termination, any unused Allotments will expire, and you will not receive a refund. Additionally, upon termination, Thrive Mobile may reassign the phone number you were using to another subscriber without notice. Limitations of your Services may include any method discussed in Section 5.5. We may modify your Services by changing your Service Plan or features. We are not liable for any harms that may result from termination, suspension, modification, and limitations of your Services and you will not receive a refund or credit from Thrive Mobile for any unused or unusable talk, text, and data allotments as a result of such termination, suspension, modifications, and limitations.

You can request that we terminate your Services by contacting Customer Service by dialing 611 from your Thrive Mobile Device or calling toll-free at 888-384-7483.

‍

8.1 Warranty Disclaimer

Thrive Mobile makes no representations or warranties, express or implied, including without limitation, any implied warranty of merchantability, suitability, non-infringement, or fitness for a particular purpose, or performance to you or any other person or entity in connection with, arising out of, or relating to the Services (including assistance provided by Thrive Assistants pursuant to Section 11 of these Terms and Conditions) or Devices, to the fullest extent permitted by law. We do not authorize anyone to make warranties on our behalf. We do not guarantee uninterrupted or error-free Services, wireless coverage, or particular service speeds or quality of service. We also 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. You should implement appropriate safeguards to secure your Device and any other equipment you may use with the Services. We do not manufacture any Devices or equipment that are used with our Services and are not responsible for any defects, acts, or omissions of the manufacturers, including any warranty, patent, or licensing obligations. Notwithstanding the foregoing, the manufacturer of your Device may provide you with a warranty.

8.2 Limitation of Liabilities

To the fullest extent permitted by law, you agree that Thrive Mobile and all parents, subsidiaries, affiliates and their past, present, and future officers, directors, employees, agents, representatives, partners, licensors, successors, and assigns shall not be liable, whether or not due to our or their negligence, for any:

a)     act, omission, or error by you or a third party, including third-party service providers or vendors;

b)    charges for any products or services provided by third parties and accessed through or for use with our Services (including assistance provided by Thrive Assistants pursuant to Section 11 of these Terms and Conditions);

c)     claims against you by third parties;

d)    mistake, omission, interruption, outage, error, failure, delay, defect, or limitation in the provision of Services (including assistance provided by Thrive Assistants pursuant to Section 11 of these Terms and Conditions);

e)    deficiencies or problems with a Device or network coverage (e.g., dropped, blocked, interrupted Services (including assistance provided by Thrive Assistants pursuant to Section 11 of these Terms and Conditions), etc.);

f)      damage, injury, or loss caused by or arising out of your use of the Services (including assistance provided by Thrive Assistants pursuant to Section 11 of these Terms and Conditions), including traffic or other accidents and health-related risks or issues, or our suspension or termination of the Services (including assistance provided by Thrive Assistants pursuant to Section 11 of these Terms and Conditions);

g)     damage, injury, or loss caused by any interruption, failure, or delay in accessing or attempting to access emergency services from a Device or using the Services (including assistance provided by Thrive Assistants pursuant to Section 11 of these Terms and Conditions), including 911 services;

h)    interrupted, failed, or inaccurate location services;

i)      quality, appropriateness, accuracy, or suitability of any content, information, or applications you may access while using the Service (including assistance provided by Thrive Assistants pursuant to Section 11 of these Terms and Conditions);

j)      information or communications that are blocked by a spam filter or that we otherwise restrict or block consistent with this Agreement;

k)     damage, harm, or loss that may result from your communications being intercepted;

l)      unauthorized access to your account caused by your actions or that circumvent our reasonable security measures;

m)   unauthorized access to your Device;

n)    changes in operation, equipment, or technology that cause your Device or software to be rendered obsolete or require modification;

o)    damage to or loss of any information or data stored on your Device or any other equipment you use with the Services (including when we service your Device; also including assistance provided by Thrive Assistants pursuant to Section 11 of these Terms and Conditions);

p)    loss or disclosure of sensitive information you transmit when using the Services (including any damage, loss, harm, or disclosure that results from malware; also including assistance provided by Thrive Assistants pursuant to Section 11 of these Terms and Conditions);

q)    default, delay, damage, or harm due to factors beyond our control (i.e., force majeure events, as described in Section 12.6; or

r)     unauthorized or disputed charges for Thrive Mobile services that appeared more than 15 days earlier on your online account statement and which you did not properly dispute within 15 days after the charge was posted to your account (no fiduciary or other special relationship exists between you and Thrive Mobile by virtue of this Agreement or your use of Thrive Mobile Devices and Services (including assistance provided by Thrive Assistants pursuant to Section 11 of these Terms and Conditions).

To the fullest extent permitted law, Thrive Mobile shall not be liable for any indirect, special, punitive, incidental, exemplary, or consequential losses or damages you or any third party may suffer by use of or inability to use your Device or the Services (including assistance provided by Thrive Assistants pursuant to Section 11 of these Terms and Conditions), including loss of business or goodwill, loss of revenue or profits, property damage, costs for replacing products and services, or claims of personal injuries. To the fullest extent permitted by law, our liability for monetary damages for any claims you may have against us shall not exceed the total amount of charges paid for the applicable products or Services (including assistance provided by Thrive Assistants pursuant to Section 11 of these Terms and Conditions). The above limitations of liability will apply regardless of the theory of liability, including fraud, misrepresentation, breach of contract, personal injury, negligence, or product liability.

8.3 Indemnification

To the fullest extent permitted by law, you agree to defend, release, indemnify, and hold harmless Thrive Mobile and its parents, subsidiaries, affiliates (including Thrive’s client partners and entities, and those partners’ and entities’ operating subsidiaries and affiliates, with respect to whom Thrive is a business associate) and their past, present, and future officers, directors, employees, agents, representatives, partners, licensors, successors, and assigns from and against any and all losses, claims, liabilities, injuries, costs, penalties, damages, settlements, and expenses (including taxes, fees, fines, penalties, interest, expenses, and attorneys’ fees) arising out of or relating to, directly or indirectly, your or any other person’s use of a Device or the Services (including assistance provided by Thrive Assistants pursuant to Section 11 of these Terms and Conditions), whether based in contract or tort (including strict liability) and regardless of the form of action; your acts or omissions, including your breach or violation of this Agreement, other Thrive Mobile policies, or any applicable statutes, ordinances, laws or regulations of any federal, state, or local authority; and claims arising in whole or in part from the alleged negligence of Thrive Mobile. If we reasonably determine that a claim might adversely affect Thrive Mobile, you will use counsel reasonably satisfactory to us to defend each claim, you will not consent to the entry of a judgment or settle a claim without our prior written consent, and we may take control of the defense at our expense (and without limiting your indemnification obligations). This obligation shall survive termination of your Services with Thrive Mobile.

‍

PLEASE READ THIS ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”) CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US AND INCLUDES A WAIVER OF CLASS ACTION AND JURY TRIAL.

Most subscriber concerns can be resolved quickly and to the subscriber’s satisfaction by contacting Thrive Mobile Customer Support by dialing 611 from your Thrive Mobile Device or calling toll-free at 888-384-7483. You and we agree to discuss any concerns or disputes and attempt in good faith to reach a mutually beneficial outcome that avoids the expenses of arbitration or, where applicable, litigation (hereinafter, “Informal Dispute Resolution Process”). The statute of limitations and any filing fee deadlines shall be tolled while you and we engage in the Informal Dispute Resolution Process required by this Section 9. In the unlikely event that the Customer Support is unable to resolve a complaint you may have to your satisfaction (or if Thrive Mobile has not been able to resolve a Dispute it has with you after attempting to do so informally) within thirty days after initiation of this Informal Dispute Resolution Process, those Disputes will be resolved through binding arbitration or small claims court as described in this Section 9.

‍

9.1 Arbitration Agreement

WE (You AND Thrive Mobile) EACH AGREE THAT ANY AND ALL CLAIMS OR DISPUTES ARISING OUT OF OR IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, THE RELATIONSHIP BETWEEN US, OR OUR SERVICES, DEVICES OR PRODUCTS WILL BE RESOLVED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (DESCRIBED IN SECTION 9.4), INCLUDING BUT NOT LIMITED TO, ANY BILLING DISPUTES AND ANY THRESHOLD QUESTIONS OF THE ARBITRABILITY OF SUCH DISPUTE OR CLAIM EXCEPT THAT YOU OR WE MAY SEEK INJUNCTIVE OR EQUITABLE RELIEF IN A COURT OF PROPER JURISDICTION IF THE CLAIM RELATES TO INTELLECTUAL PROPERTY INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

If the arbitration provision applies or you choose arbitration to resolve your disputes, then either you or Thrive Mobile may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to Thrive Mobile’s registered agent (see Section 9.6) to begin arbitration. The American Arbitration Association (AAA) will arbitrate all disputes.  For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply.  The AAA rules are available at www.adr.org or by calling 1-800-778-7879.  Upon filing of the arbitration demand, if the arbitrator finds that you cannot afford to pay AAA filing, administrative, hearing, and/or other fees and cannot obtain a waiver from AAA, we will pay them for you if you complied with the Informal Dispute Resolution Process set forth above. In addition, we will reimburse all such AAA filing, administrative, hearing, and/or other fees for claims totaling less than $75,000 unless the arbitrator determines the claims are frivolous or you did not comply with the Informal Dispute Resolution process set forth above, except that if you have initiated the arbitration claim, you will still be required to pay the lesser of $250 or the maximum amount permitted under the AAA Rules for arbitration claims initiated by you. You are still responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses. For claims that total more than $75,000, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules.  

The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. In addition, for claims under $75,000 as to which you followed the Informal Dispute Resolution Process before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, Thrive Mobile agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.  The award of the arbitrator is final and binding upon you and us.

‍

9.2 Class Action Waiver

WE (You AND Thrive Mobile) EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, then the arbitration agreement will be void as to you.

‍

9.3 Waiver

‍

9.3.1 Class Action Waiver

WE (You AND Thrive Mobile) EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, then the Arbitration Agreement will be void as to you.  

‍

Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and we agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in accordance with the Governing Law, Venue and Jurisdiction, and Court Proceedings described in Section 0.

‍

9.3.2 Judge or Jury Trial Waiver

YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 9. An arbitrator can award, on an individual basis, the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

‍

9.4 Small Claims

You and Thrive Mobile retain the right to seek remedies in small claims court for disputes or claims within that court's jurisdiction, unless such action is transferred, removed or appealed to a different court.  Any court having jurisdiction may enter judgment on the arbitrator's award.

Notwithstanding the foregoing, you maintain your right to file a complaint with the FCC, your state’s Public Service Commission, or any other federal or state government that may, if permitted by law, seek relief against us on your behalf.

‍

9.5 Governing Law, Venue and Jurisdiction and Court Proceedings

You may choose to have the arbitration conducted by telephone or videoconference, based on written submissions, in person in your hometown area (if you live in the United States), or at another mutually agreed upon location that is reasonably convenient to you. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Except to the extent preempted by or inconsistent with applicable federal law and as otherwise described herein, this agreement is governed by the laws of State of Tennessee, without regard to choice of law principles, conflicts of laws rules, or your actual state of residence. For any claim that proceeds in court rather than in arbitration, we each waive our right to a jury trial and any claims for punitive or exemplary damages. Unless otherwise specified herein, any Disputes of a legal nature, whether a claim, complaint, arbitration demand, or otherwise that is not subject to the mandatory arbitration provision, shall be subject to the exclusive jurisdiction of the federal or state courts located within the State of Tennessee.

‍

9.6 Registered Agent Information

Thrive Mobile’s Registered Agent Contact Information:

Email:  legal@thrivemobile.com

‍

9.7 Miscellaneous

‍

9.7.1 Severability

If any part of this Arbitration Agreement, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable.  If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this Arbitration Provision shall be unenforceable.

‍

9.7.2 Survivability

This Arbitration Agreement will survive any termination, payoff or transfer of this contract.

‍

9.7.3 Modifications to this Arbitration Agreement

Notwithstanding any provision in these Terms to the contrary, if we make any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to us at the following address:

3810 Bedford Avenue, Suite 200, Nashville, TN 37215

‍

Thrive Mobile may communicate with you about your Services. We may do so with or without your consent in certain instances, for example, in emergency situations or for service-related communications where you are not charged for the message.

You have a right, and we have a duty, under federal law, to protect the confidentiality of CPNI. You hereby provide consent for us or our authorized agents or representatives to use your CPNI to market communications-related services to you.  You may restrict our right to use CPNI for marketing purposes at any time. Denial of consent will not affect the provision of the services we provide to you.  Any consent, or denial of consent for the use of CPNI outside of the service to which you already subscribe is valid until you affirmatively revoke or limit such approval or denial.

You provide consent for Thrive Mobile or our authorized agents or representatives to contact you using live, automated, or prerecorded calls and messages (including artificial voice technologies) to any landline, wireless, or facsimile telephone number, including via text messages and push notifications to your device.  You provide consent for Thrive Mobile to contact you for service-related, informational or marketing purposes, and for assisting you with non-clinical health, well-being, or quality of life-related services and support, such as scheduling appointments, applying for insurance, medical, social and financial benefits and identifying related informational resources, and assisting you with questions about using telemedicine and telehealth applications, via these methods.  

You also provide consent for Thrive Mobile to contact you, regardless of whether your number is listed on the Do-Not-Call Registry or a state equivalent registry.  Consent to such contacts is not a condition of service and may be revoked at any time.  

You provide consent for us to contact you for any reason, including for informational or marketing purposes, or for assisting you with non-clinical health, well-being, or quality of life-related services and support, such as scheduling appointments, applying for insurance, medical, social and financial benefits and identifying related informational resources, and assisting you with questions about using telemedicine and telehealth applications, via the email address we assign you or that you provide in connection with your service.  

You agree that we also have your consent to contact any authorized user on your account for Service or payment-related reasons via any of the methods described above. Some of these communications may result in usage of the allocated data associated with your service plan.  

Your consent to be contacted via any of the methods described above may be revoked at any time by any reasonable means.  Please review our Privacy Policy, at https://www.thrivemobile.com/privacy-policy, for additional information about how you may revoke consent to receive communications.

‍

THRIVE DOES NOT PROVIDE CLINICAL SERVICES.  IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY DIAL 9-11 IMMEDIATELY. Your Thrive Mobile Device comes with software and setting selections that enable Thrive Mobile to utilize a mobile device management (“MDM”) application that offers Thrive Mobile the ability to have its representatives (“Thrive Assistants”) remotely access your Device to perform customer service or technical support functions related to your Services and Device, and the functions, features and information offered by the applications on your Device.  Our representatives may also assist you with non-clinical health, well-being, or quality of life-related services and support, including but not limited to scheduling appointments, applying for insurance, medical, social and financial benefits and identifying related informational resources, and assisting you with questions about using telemedicine and telehealth applications.  You will be asked to confirm your acknowledgement and consent each time before a Thrive Assistant remotely accesses your Device to provide such support.  Thrive Mobile does not guarantee its ability to diagnose any problems with or to fix your Device or to provide any specific non-clinical health, well-being, or quality of life-related assistance through this remote session.  Nor does Thrive Mobile guarantee that it will be able to successfully assist with enabling you to access and utilize the services, features or information on your Device and the applications installed on it.  As outlined in our Privacy Policy, Thrive Mobile does not collect personal data or information during a remote support session on your Device.  However, you acknowledge that such information may be visible to Thrive during a remote support session.  Thrive will not use that information other than to the extent it may be utilized to provide the support requested during the session.  However, you may share information with a Thrive Assistant during a remote session about healthcare related matters.  This information may be shared with your participating healthcare plan.  The date, time and duration of the remote support session will be logged and recorded in our customer service system.  The voice portion of your session may be recorded after requisite notice and consent.  You acknowledge and agree that Thrive can record and store this remote session data.  Please see our Thrive Privacy Policy for additional details.  The contents of your Device and the nature of any assistance requested and provided during a remote support session will remain confidential, except as required by law, ethical considerations and as otherwise stated in these Terms and Conditions and our Privacy Policy.  Thrive Mobile expressly disclaims any obligation to connect you to specific services, including emergency services or 911.  You may change your Device settings and remove the MDM application but doing so may prevent access to Thrive Assistant support. Thrive Assistants and remote technical and non-clinical Health and well-being support are available only to members of participating health plans.

Your Thrive Mobile Device comes with software and setting selections that enable Thrive Mobile to operate Time to Thrive/Health-Check-in, a program that encourages Users to perform health-related activities through prompts that appear when the Thrive Mobile Device is unlocked on a recurring basis (i.e., daily, weekly, etc.).  Completing the task identified in a Time to Thrive/Health Check-in prompt enables the user’s responses to be shared with Thrive and relevant client partners. By accepting these Terms, you consent to participate in Time to Thrive/Health Check-in, and receive the prompts discussed in this Section 11.

Thrive reserves the right to change, modify, suspend, or cancel all or a portion of Time to Thrive/Health Check-in, including without prior notice to any User.  Thrive may limit, suspend, or terminate any User’s ability to participate in Time to Thrive/Health Check-in, if Thrive determines in its sole and absolute discretion that a User has not complied with these Terms.  

Thrive also reserves the right to verify your identity to our complete satisfaction prior to enabling access to the device experience. Thrive implements such verification requirements to confirm, preserve and protect the security of our Services, and your Account from unauthorized access and security threats. We may do so by requesting—either directly or indirectly via a third-party verification service—that you provide an image of your passport, driver’s license, or state ID card, by requiring you to verify the mobile phone number associated with your Account, or by such other proof of identity or eligibility as we may require.  

‍

12.1 Application of Tariffs

Thrive Mobile may elect or be required to file tariffs with the appropriate regulatory body in certain states setting forth the terms and rates for our delivery of certain Services. In the event we have filed a tariff with respect to any of the Services we provide you, the terms and rates set forth in the tariff (or any successor document in the event of de-tariffing) shall govern our delivery and your use of the Services subject to the tariff. Any such tariffs are hereby incorporated by reference and shall take precedence over any conflicting provision in this Agreement.

‍

12.2 Modifications to this Agreement

We may, at any time, modify any part of this Agreement; any other terms, conditions, and policies; our rates, fees, and charges; our Service Plans, features, and products; and our coverage areas, Underlying Carrier, and provisioning technology. We will provide you with advanced notice of any modifications that have a material adverse impact on you or your use of the Services (other than changes to governmental fees, proportional charges for governmental mandates, and administrative charges). We may provide you with notice of any other modifications, as described in Section 12.3 (Notices) or as otherwise required by any applicable law, regulation, or order. If any regulatory body or a court of competent jurisdiction, issues a law, regulation, rule, or order that has the effect of materially increasing the cost to provide the Services or canceling, changing, or superseding any material term or provision of this Agreement (collectively “Regulatory Requirement”), then this Agreement shall be deemed modified in such a way as is consistent with the form, intent, and purpose of the Regulatory Requirement and otherwise as is necessary to comply with the Regulatory Requirement. Material adverse modifications become effective thirty (30) days after we deliver notice to you or as otherwise specified in the notice. All other modifications become effective when posted on the Thrive Mobile website, https://www.thrivemobile.com/terms-and-conditions, or as specified in any notice. If you continue to access, use, or purchase Thrive Mobile Services on or after the effective date of such modifications, you accept those modifications. Neither the course of conduct between you and Thrive Mobile nor common trade practice will act to modify any provision of this agreement.

‍

12.3 Notices

We or our authorized agents may use any of the following methods to provide you with notices: correspondence to any physical address or e-mail addresses you have provided us; live or prerecorded calls, voice messages, or text messages delivered to your Device or any other phone number you have provided us; prerecorded messages when you attempt to place a call; in-app messages or push notifications; posting on our website; or by any other means Thrive Mobile deems practicable. You are responsible for updating your contact information with us when it changes. Notices are treated as delivered when you accept a call; when delivered to a voicemail service associated with your service or an alternate telephone number you have provided to us, text messaging service, email address you have provided to us, or Device; when posted on our website or in an application; and three (3) days after mailed to your last known billing address. Except as otherwise provided in this agreement, you must provide us notice by calling or sending correspondence to us using the contact information provided in Section 13.

‍

12.4 No Third-Party Beneficiaries

This Agreement is solely for the benefit of you, Thrive Mobile, and our parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. No provision of this Agreement shall be deemed to confer on any third parties any remedy, claim, liability, reimbursement, cause of action, or other right or benefit.

‍

12.5 Assignment

You may not transfer or assign this Agreement or any of your rights or obligations under it, by operation of law or otherwise, without our prior written consent. We may transfer or assign all or part of this Agreement, or your debts to us, without notice. Upon our transfer or assignment of this Agreement, Thrive Mobile shall be released from all liability with respect to this Agreement.

‍

12.6 Force Majeure

Neither party shall be liable for any default or delay in the performance of its obligations hereunder (excluding any payment obligations) if and to the extent that such default or delay arises out of causes beyond their reasonable control, including, without limitation, acts of God, including weather-related phenomenon, earthquakes, and floods; fires; acts of war or terrorism; civil disorders, including riots, rebellions, and insurrections; labor disputes, including strikes, lockouts, and work stoppages; medical emergencies, including pandemics and quarantine restrictions; network problems, including cable cuts, power outages, network failures, and computers viruses; and any other catastrophes, national emergencies, or government orders or acts. The time for any performance required hereunder shall be extended by the delay incurred as a result of such force majeure event, and if either party is unable to perform as a result of such event, it shall act with diligence to correct or mitigate such event.

‍

12.7 Enforcement and Waiver

Thrive Mobile has the right, but not the obligation to, monitor, investigate, restrict, enforce, bring civil litigation, press charges, or engage in any other self-help regarding any actual, attempted, or suspected violation of this Agreement. Thrive Mobile will determine, in its sole discretion, whether you violated or attempted to violate any of the provisions of this Agreement, including the Acceptable Use Policy. If we determine or suspect that you violated or attempted to violate this Agreement, we may terminate, suspend, modify, or limit your Services, as described in Section 7. Additionally, we may report actual or suspected criminal offences to appropriate law enforcement authorities. Thrive Mobile will cooperate with law enforcement investigations where criminal activity is suspected, and you agree to cooperate with any such investigations. Any waiver of or failure to enforce any provision or prohibition in this Agreement in one instance shall not be construed as a waiver of any provision or right in another instance.

‍

12.8 Survivability

Any rights, obligations, commitments, or provisions in this Agreement that, by their nature or context, are intended to or would logically continue to apply following termination of Services or of this Agreement survive termination of the Services and this Agreement, including, but not limited to, those relating to complaints, payment obligations, restrictions on the use of Devices, 911 and emergency communications, limitation of liability, and dispute resolution (including no class action and no jury trial).

‍

12.9 Severability

If any part or provision of this Agreement, including any part of its arbitration clause or Acceptable Use Policy, is deemed unlawful, void, or for any reason unenforceable by a court or agency of competent jurisdiction, that part shall be interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties or shall be severed from this Agreement in that jurisdiction if required and the remaining provisions of the Agreement shall remain in full force and effect.

‍

12.10 Headings

Section headings are for descriptive, non-interpretive purposes only.

‍

12.11 Language

The original version of this Agreement is in the English language. Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version.

‍

12.12 Integration

This Agreement and any other policies, documents, or agreements incorporated by reference herein or therein represent the complete agreement between you and Thrive Mobile. It supersedes any and all prior or other agreements, arrangements, representations, contracts, warranties, advertising, statements, offers, guarantees, assurances, and understandings relating to the subject matter of this Agreement, whether written or oral, including any other documents or statements by any sales representative, service representative, or other agent.

‍

12.13 Order of Precedence

Unless expressly provided otherwise, in the event of conflict among the documents comprising this Agreement, the order of priority shall be: (i) any publicly filed tariff governing the Services (or a successor document in the event of detariffing); (ii) any other agreements incorporated by reference; and (iii) this Agreement. For Thrive Mobile ACP subscribers, if there is a direct conflict between any general provision and provisions relating to ACP services, including those specified in Section 1 (Affordable Connectivity Program), the provisions relating to ACP services will prevail over any other provisions, but only with respect to the direct conflict of such provisions.

‍

If you have any questions, concerns, comments, or complaints regarding your Services, your bill, or this Agreement, please contact Thrive Mobile Customer Service using the following information:

Email: help@thrivemobile.com

Phone: 888-384-7483 or 611 from your Thrive Mobile Wireless Device during normal business hours: 9a-6p EST, Monday-Friday.