TERMS OF SERVICE

You are bound to the following with regard to your use of the KonaTel service:
  1. The Terms of Service, including the binding arbitration clause;
  2. The “Plan Terms” and other information regarding your Rate Plan contained on the Rate Plan page;
  3. The KonaTel Privacy Policy; and any other policies incorporated into this Agreement by reference.
  1. GENERAL TERMS & CONDITIONS
    1. GENERAL: As used herein, “KonaTel” or “we,” “us” or “our” refers to KonaTel, Inc. “You” or “your” refers to the person or entity that is the customer of record and/or purchases or uses our Devices or Services. As used in this Agreement, the term: (A) “Services” means services to the subscriber provided by or through KonaTel to your Device (including voice telephony, text messaging, and broadband Internet access services), as well as any mobile applications provided to you by KonaTel; and (B) “Device” means a mobile phone or other device, accessory or other product, provided or sold to you by KonaTel, or that is activated or used under your KonaTel account. This KonaTel Terms of Service is an agreement between KonaTel and you (“Agreement”). PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. BY USING ANY OF OUR PRODUCTS OR SERVICES, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE. PLEASE NOTE: This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.

    2. AGE LIMITATION: You must be 18 years or older to enroll in or use KonaTel’s Services.

    3. CHARGES: You are responsible for paying all charges for or resulting from Services provided under this Agreement, less any subsidies you are eligible. Charges may include, without limitation: airtime, data usage, roaming, recurring monthly service, activation, administrative, returned­check and late payment charges; network and other surcharges; optional feature charges; directory assistance charges; any other charges or calls charged to your phone number; and applicable taxes, surcharges and governmental fees, whether assessed directly upon you or upon KonaTel. KonaTel may add its own charges to those charged by third parties. Payment for all charges is made in advance and there is no proration of such charges.

      1. Voice and Text Usage Charges:  You agree to pay for incoming and outgoing calls and SMS text messages to and from your phone. Airtime and other measured voice usage (“Chargeable Time”) is billed in full­minute increments and is rounded up to the next full­minute increment at the end of each call for charging purposes. KonaTel charges a full minute of airtime usage for every fraction of the last minute of airtime used on each wireless call. If you select a rate plan or additional features that include a predetermined allotment of services (for example, a predetermined amount of airtime, megabytes or text messages), unless otherwise specifically provided as part of such rate plan, any unused allotment of services from one monthly period will not carry over to the next monthly period. Additional charges may apply for detailed information about your usage of services. Chargeable Time begins for outgoing calls when you press SEND (or similar key) and for incoming calls when a signal connection from the caller is established with our facilities. Chargeable Time ends after you press END (or similar key), but not until your wireless telephone’s signal of call disconnect is received by our facilities and the call disconnect signal has been confirmed. All outgoing calls for which we receive answer supervision or which have at least 30 seconds of Chargeable Time, including ring time, shall incur a minimum of one­minute airtime charge. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. Chargeable Time may include time for us to recognize that only one party has disconnected from the call, time to clear the channels in use, and ring time. Chargeable Time may also occur from other uses of our facilities, including by way of example, voicemail deposits and retrievals, and call transfers. Except where otherwise noted (e.g., text messages to and from KonaTel or unlimited plans), text messages will be billed for each incoming and outgoing text message.

      2. Data Usage Charges:  Call data transport is billed in full­megabyte increments, and actual transport is rounded up to the next full megabyte increment at the end of each data session for charging purposes. KonaTel charges a full megabyte of data transport for every fraction of the last megabyte of data transport used on each data session. Network overhead, software update requests, and re­send requests caused by network errors can increase measured megabyte. DATA TRANSPORT/USAGE OCCURS WHENEVER YOUR DEVICE IS CONNECTED TO OUR NETWORK AND IS ENGAGED IN ANY DATA TRANSMISSION, INCLUDING BUT NOT LIMITED TO: (i) SENDING OR RECEIVING EMAIL, DOCUMENTS, OR OTHER CONTENT, (ii) ACCESSING WEBSITES, OR (iii) DOWNLOADING AND USING APPLICATIONS. SOME APPLICATIONS, CONTENT, PROGRAMS, AND SOFTWARE THAT YOU DOWNLOAD OR THAT COMES PRE-LOADED ON YOUR DEVICE AUTOMATICALLY AND REGULARLY SEND AND RECEIVE DATA TRANSMISSIONS IN ORDER TO FUNCTION PROPERLY, WITHOUT YOU AFFIRMATIVELY INITIATING THE REQUEST AND WITHOUT YOUR KNOWLEDGE. FOR EXAMPLE, APPLICATIONS THAT PROVIDE REAL-TIME INFORMATION AND LOCATION-BASED APPLICATIONS CONNECT TO OUR NETWORK, AND 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, AS WELL AS ANY MESSAGES OR CONTENT THAT INITIATE IN RESPONSE TO AN ADVERTISEMENT, WILL COUNT TOWARD YOUR DATA USAGE. YOU WILL BE BILLED FOR ALL DATA TRANSPORT AND USAGE WHEN YOUR DEVICE IS CONNECTED TO OUR NETWORK, INCLUDING THAT WHICH YOU AFFIRMATIVELY INITIATE OR THAT WHICH RUNS AUTOMATICALLY IN THE BACKGROUND WITHOUT YOUR KNOWLEDGE, AND WHETHER SUCCESSFUL OR NOT. A DATA SESSION INITIATED ON THE AT&T NETWORK WILL CONTINUE ITS CONNECTION OVER THE AT&T NETWORK UNTILTHE DATA TRANSMISSION IS CONCLUDED, EVEN WHEN YOU CONNECT TO A WI-FI NETWORK DURING THE TRANSMISSION.

    4. DISPUTES:  Within 60 days of the date of any event giving rise to a dispute, you must notify us in writing at KonaTel, Bill Dispute, 13601 Preston Rd., Suite 816E Dallas, TX 75240 (“KonaTel’s Address”) of such dispute, including a dispute over any charges and any service we provided, or you will have waived your right to dispute the charge or such services and to bring, or participate in, any legal action raising any such dispute. The 60-day limitation shall not apply to the filing of a complaint with your state’s Public Service Commission or the Federal Communications Commission (“FCC”). You maintain your right to file a complaint with your state’s Public Service Commission, the FCC, or an appropriate federal or state governmental agency regarding the service provided and/or charges imposed by KonaTel. Nothing in this paragraph or this agreement in any way eliminates or abridges that right

    5. DEVICE:  In KonaTel’s sole discretion, we may provide you with a handset Device free of charge, offer you a handset Device to purchase, or allow you to bring your own device to our network.The Device must be compatible with, and not interfere with, our Services, and must comply with all applicable laws, rules and regulations. We may periodically remotely upgrade the firmware or software on your Device.

      If we sell to you or otherwise provide you with a device, your Device is subject to the following Device Unlocking Policy:

      • KonaTel complies with point number twelve of the CTIA Consumer Code with respect to the unlocking of mobile phones. Specifically, KonaTel adheres to the following principles regarding the ability of customers and former customers, and individual owners of eligible devices, to unlock phones that are locked by or at the direction of KonaTel.
      • KonaTel will post on its website a clear, concise, and readily accessible policy on mobile wireless device unlocking.
      • As a prepaid provider, KonaTel will, upon request, unlock KonaTel mobile phones no later than one year after initial activation, for customers that are in full compliance with KonaTel’ Terms of Service.
      • When a customer’s phone is eligible for unlocking, KonaTel will provide clear notice to the customer that the phone is eligible for unlocking and/or will automatically unlock the phone remotely at no additional charge. Such notices may be provided at a KonaTel location, on the KonaTel website, or via text message or phone call.
      • KonaTel will, within two days of receiving an unlocking request, do one of the following: (i) unlock an eligible phone; (ii) initiate a request to the original equipment manufacturer to unlock an eligible phone; (iii) explain to the requesting customer why the phone is ineligible for unlocking; or (iv) offer a reasonable explanation as to why KonaTel needs more time to process the unlocking request.
      • For deployed military personnel who are in full compliance with KonaTel’s Terms of Service, KonaTel will unlock mobile phones on receiving valid copies of deployment papers
      • Note that devices that work on KonaTel’s network may not be compatible with other carriers’ networks due to the use of different frequencies and technologies to provide wireless network access. “Unlocking,” as used herein, refers only to disabling of software prevents the activation of a device designed for KonaTel’s network from being used on another carrier’s technologically-compatible network, does not pertain to hardware changes, and does not guarantee that the KonaTel phone will be compatible with any particular carrier’s network or that all functionality of the device can be enabled on any other network.

      Hearing aid compatible phones are available upon request to customer service.

    6. PURCHASES AND AUTHORITY TO USE: Your Device can be used to purchase goods and services including ring tones, graphics, games, applications, or news alerts (including subscription plans) from KonaTel or elsewhere from third parties, including within applications (“In-App Purchases”) (collectively, “Goods, Content, and Services”). Goods, Content, and Services may be purchased directly with a Device assigned to your account or on¬line. Data usage charges are also incurred in the purchase of Goods, Content, and Services. Unless you have broadband plan (in which case you will be billed according to your data usage), you will be charged at the standard per kilobyte charge for the Goods, Content, and Services transport when delivered. You have access to your Goods, Content, and Services transaction history on our website.

      You are responsible for all Devices assigned to your account. Except as otherwise provided in this Agreement, if such Device is used by others to purchase Goods, Content, and Services, you are responsible for all such purchases and all associated charges. You are giving those other users your authority 1) to order Goods, Content, and Services from the Device, including subscription services, and to incur charges for those Goods, Content, and Services, and 2) to give any consent required for those Goods, Content, and Services, including the consent to use that user’s location information to deliver customized information to that user’s Device, or to make any representation required for those Goods, Content, and Services, including a representation of the user’s age, if requested. Usage by others can be restricted by use of parental controls or similar features. Visit our website at   www.konatel.com to learn more.

    7. PERMISSIBLE NETWORK USES: To ensure the activities of some users do not impair the ability of KonaTel customers to have access to reliable services provided at reasonable costs, you may not use the Services in a manner that is unlawful, infringes on intellectual property rights, or harms, unduly interferes with or degrades the use of our network or systems. KonaTel reserves the right, without notice or limitation, to limit data throughput speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend service if an individual engages in any of the prohibited voice, text or data uses detailed below.

      1. A. KonaTel voice and text services are provided solely for live dialogue between, and initiated by, individuals for personal use and as otherwise described in this policy. KonaTel voice and text services may not be used for any other purposes, including, but not limited to: monitoring services, transmission of broadcasts, transmission of recorded material, telemarketing, broadcast or autodialed calls or texts, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between individuals.
      2. B. KonaTel data services are provided solely for purposes of personal (i.e., non-commercial) use including web surfing, sending and receiving email, photographs and other similar messaging activities, and the non-continuous streaming of videos, downloading of files or on line gaming. The data services may not be used: (i) to generate excessive amounts of Internet traffic through the continuous, unattended streaming, downloading or uploading of videos, music, or other files or to operate hosting services including, but not limited to, web or gaming hosting; (ii) to maintain continuous active network connections to the Internet such as through a web camera or machine-to-machine connections that do not involve active participation by a person; (iii) to disrupt email use by others using automated or manual routines, including, but not limited to "autoresponders" or cancel bots or other similar routines; (iv) to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail", unsolicited commercial or bulk email, or fax; (v) for activities adversely affecting the ability of other people or systems to use either KonaTel services or other parties' Internet-based resources, including, but not limited to, "denial of service" (DoS) attacks against another network host or individual user; (vi) for an activity that connects any Mobile device to Personal Computers (including without limitation, laptops), or other equipment for the purpose of transmitting wireless data over the network (unless customer is using a KonaTel Device designated for such usage); or (vii) for any other reason that violates KonaTel’s policy of providing service for individual use.
    8. UNLIMITED VOICE AND TEXT SERVICES.  The permissible network usage policy set forth in the preceding section applies to all KonaTel plans, including its unlimited voice and text message plans. If KonaTel finds that you are using an unlimited voice service offering for anything other than live dialogue between two individuals, KonaTel may at its option terminate your service or change your plan to one with no unlimited usage components. KonaTel will provide notice that it intends to take any of the above actions, and you may terminate the Agreement. With the monthly and daily Unlimited plans, unlimited text within the U.S. only includes SMS-based text messages. The rate plan charge for the Unlimited Daily Talk & Text plan is assessed each day you use your phone to make or receive voice calls, including a call to voice mailbox, or send a text message. The day for purposes of the daily rate plan charge starts at midnight and ends at midnight based on the time zone in which you are located when you make a call or send a message.

    9. LOCATION ­BASED SERVICES: Your Device may be location­enabled, meaning that the Device is capable of using optional Goods, Content, and Services, at your request or the request of a user on your account, offered by KonaTel or third parties that make use of a user’s location (“Location­Based Services”), using location technology such as Global Positioning Satellite (“GPS”), wireless network location, or other location technology. Please review the terms and conditions and the associated privacy policy for each Location­Based Service to learn how the location information will be used and protected. We may also use location information to create aggregate data, subject to our   Privacy Policy, for services like traffic­monitoring and delivering targeted advertising. It is your responsibility to notify users on your account that the Device they are using may be location­enabled. The use of certain Location­Based Services or the disclosure of location information may be restricted by use of parental controls or similar features. Visit our website to learn more.

    10. BROADBAND INFORMATION: For additional information about our broadband Internet access service practices, please visit: [LINK TO OPEN INTERNET STATEMENT].

    11. PRIVACY: By agreeing to the terms and conditions of this Agreement, you also agree to the terms of the KonaTel Privacy Policy, which is available at www.konatel.com.  The Privacy Policy may change from time to time so review it with regularity and care. It includes important information on what data we collect about you, how we use this data and with whom we share that data, as well as provides your options regarding how we use your information. KonaTel may disclose to law enforcement authorities and governmental agencies any information about you, including but not limited to, your name, account information, account history, or other information. As the Company provides telecommunications products and Services to you, the Company obtains information about the quantity, technical configuration, type, location, and destination of telecommunications products and Services you use, as well as some other information found on your bill. Any such Customer Proprietary Information that KonaTel collects from you will be handled in accordance with the FCC regulations and the KonaTel Privacy Policy. Under federal law, you have the right and the Company has the duty to protect the confidentiality of your Customer Proprietary Information.

    12. KONATEL 411 INFO: In some cases our directory assistance service (411) will use the location of the Device to deliver relevant customized 411 information based upon the user’s request for a listing or other 411 service. By using this directory assistance service, the user is consenting to our use of that user’s location information for such purpose. This location information may be disclosed to a third party to perform the directory assistance service and for no other purpose. Such location information will be retained only as long as is necessary to provide the relevant customized 411 information and will be discarded after such use.

    13. LOST OR STOLEN PHONES:  If your Device is lost or stolen, you must contact us immediately to report the Device lost or stolen. You will be responsible for all charges incurred on your phone number until you report the theft or loss. You can report your Device as lost or stolen and suspend service without a charge by contacting us. You may request a replacement through customer service by paying a replacement fee (fees vary depending on your Device). Replacements will be shipped within 72 business hours of receipt of payment. After you report the theft or loss to us, you remain responsible for complying with your other obligations under this Agreement including, but not limited to, payment

    14. WARRANTY EXCHANGE PHONE POLICY: KonaTel does not manufacture our mobile phones or other equipment and is not responsible for any damage or injury caused by mobile phones or other equipment. For a defective or malfunctioning phone replacement, call KonaTel Customer Service at 877-566-2835. KonaTel will replace the defective or malfunctioning phone with a new or refurbished Device once the customer returns the phone and the phone is inspected and deemed defective or malfunctioning at KonaTel’s discretion.

      Within 15 days of activation:  Replacement batteries and chargers will be sent free of charge. Devices must be mailed back to us to determine if damaged by customer or defective. If damaged by customer a log will be placed on account to notify that we will need payment when customer calls back in. If defective, we will send a replacement with a top-up card.

      16 days and beyond after activation:  For as long as the customer account remains active, we will issue a free replacement phone per the following guidelines (Customer must mail the defective/damaged phone to us):

      1. A. If the phone is determined to be defective we will ship out a replacement phone free of charge along with a recharge PIN covering the cost of mailing the phone to us.
      2. B. If the phone is determined to be damaged, KonaTel will notate on the account for next time the customer contacts us to notify that we must secure payment before shipping out a replacement phone. ­ Dead batteries / chargers / damaged SIMs will be charged a flat $5.00.
    15. DISHONORED CHECKS AND OTHER INSTRUMENTS:  We will charge you $34.00 or the highest amount allowed by law, whichever is less, for any check or other instrument (including any credit card chargebacks) tendered by you and returned unpaid by a financial institution for any reason. You agree to reimburse us the fees of any collection agency, which may be based on a percentage at a maximum of 33% of the debt, and all costs and expenses, including reasonable attorneys’ fees, we incur in such collection efforts or the most allowed by law, whichever is less.

    16. CHANGES TO TERMS AND RATES: We may change any terms, conditions, rates, fees, expenses, or charges regarding your service at any time. We will provide you with notice of such changes (other than changes to governmental fees, proportional charges for governmental mandates, roaming rates or administrative charges) by such means as KonaTel determines to be most practicable, including but not limited to any of the following: playing a recorded message when you attempt to place a call or attempt to add funds to your account, sending written notice to the address provided at the time of activation, sending an SMS message to your phone, posting an update on our website, or by such other means as KonaTel may determine. You understand and agree that State and Federal Universal Service Fees and other governmentally imposed fees, whether or not assessed directly upon you, may be increased based upon the government’s or our calculations. IF WE INCREASE THE PRICE OF ANY OF THE SERVICES TO WHICH YOU SUBSCRIBE, AS SUCH PRICES ARE SET FORTH IN YOUR RATE PLAN BROCHURE, OR IF WE MATERIALLY DECREASE THE GEOGRAPHICAL AREA IN WHICH YOUR AIRTIME RATE APPLIES (OTHER THAN A TEMPORARY DECREASE FOR REPAIRS OR MAINTENANCE), WE WILL DISCLOSE THE CHANGE IN ADVANCE. If you lose your eligibility for a particular rate plan, we may change your rate plan to one for which you qualify.

    17. TERMINATION: KonaTel complies with the FCC’s rules regarding porting benefits and cancelation of accounts. Per these rules, KonaTel must terminate your service, upon notice to you, if the company has a reasonable belief that you no longer qualify for Lifeline service, if you fail to timely recertify or if you fail to use your device for 30 consecutive days. KonaTel may terminate this Agreement at any time without notice if we cease to provide service in your area. If your service includes federal Lifeline-supported broadband Internet service, you may not port your benefit from one Lifeline provider to another until you have been a subscriber with your original provider for at least twelve months from your service initiation. If your service is voice-only, you may not port your benefit from one Lifeline provider to another for at least sixty days from your service initiation. These timeframes can be shortened based on and subject to exceptions criteria set by the FCC, including failure to provide service, change in residential address, and other limited situations set forth in FCC regulations.

      We may interrupt or terminate your service without notice for any conduct that we believe violates this Agreement or any terms and conditions of your rate plan, or if you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, or if you fail to make all required payments when due or if we have reasonable cause to believe that your Device is being used for an unlawful purpose or in a way that may adversely affect our service. If one account is past due or over its limit, all accounts in your name are subject to interruption or termination and all other available collection remedies.

      You may cancel your service with KonaTel at any time upon at least 30 days advance written notice to the Company. Any provision of this Agreement which by its context is intended to apply after termination of the Agreement will survive termination, including, but not limited to, any restrictions on the use of Devices or Equipment.

    18. SERVICE LIMITATIONS; LIMITATION OF LIABILITY: Limitations of liability set forth herein govern unless they are prohibited by applicable law. Service may be interrupted, delayed or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. We may block access to certain categories of numbers (e.g. 976, 900 and international destinations) in our sole discretion. Your plan may include the ability to make and/or receive calls while roaming internationally. Certain eligibility restrictions apply which may be based on factors such as service tenure and/or payment history and KonaTel, in its sole discretion, may block your ability to use your phone while roaming internationally until eligibility criteria is met. International roaming rates, which vary by country, will apply for all calls placed or received while outside the U.S., Puerto Rico and USVI. Compatible international capable device required. If you want to block the ability to make and/or receive calls or use data functions while roaming internationally dial 611 for instructions. When outside the U.S., Puerto Rico and USVI, you will be charged normal international roaming airtime when incoming calls are routed to voicemail, even if no message is left. Many devices transmit and receive data messages without user intervention and can generate unexpected charges when powered “on”. KonaTel may send “alerts” via SMS or email, to notify you of usage. These are courtesy alerts. There is no guarantee you will receive them. We may, but do not have the obligation to, refuse to transmit any information through the service and may screen and delete information prior to delivery of that information to you. There are gaps in service within the service areas shown on coverage maps, which, by their nature, are only approximations of actual coverage. WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE. WE CANNOT ASSURE YOU THAT IF YOU PLACE A 911 CALL YOU WILL BE FOUND. Airtime and other service charges apply to all calls, including involuntarily terminated calls. KONATEL MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR GOODS, AND IN NO EVENT SHALL KONATEL BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any: (a) act or omission of a third party; (b) mistakes, omissions, interruptions, errors, failures to transmit, delays or defects in the service provided by or through us; (c) damage or injury caused by the use of service or Device, including use in a vehicle; (d) claim against you by third parties; (e) damage or injury caused by a suspension or termination of service by KonaTel; or (f) damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service. Notwithstanding the foregoing, if your service is interrupted for 24 or more continuous hours by a cause within our control, we will issue you, upon request, either a credit equal to a pro­rata adjustment of any recurring charge (if applicable) for the time period your service was unavailable, not to exceed the charges collected for the period of interruption, or an extension of the expiration period. Our liability to you for service failures is limited solely to the credit set forth above. Unless applicable law precludes parties from contracting to so limit liability, and provided such law does not discriminate against arbitration clauses, KonaTel shall not be liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, service or Device provided by or through KonaTel, including loss of business or goodwill, revenue or profits, or claims of personal injuries. To the full extent allowed by law, you hereby release, indemnify, and hold KonaTel and its officers, directors, employees and representatives harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, service provided by KonaTel or any person’s use thereof (including, but not limited to, vehicular damage and personal injury), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF KonaTel, or any violation by you of this Agreement. This obligation shall survive termination of your service with KonaTel. KonaTel is not liable to you for changes in operation, equipment or technology that cause your Device or software to be rendered obsolete or require modification. SOME STATES, INCLUDING THE STATE OF KANSAS, DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

    19. ACCOUNT ACCESS:  You authorize us to provide information about and to make changes to your account, including adding new service, upon the direction of any person able to provide information we deem sufficient to identify you. An account password will be assigned to you. In order to protect the security of your account, you should change this password as soon as possible after your account is activated. If you do not change your password, your account may be less secure.

    20. VOICEMAIL SERVICE:  We may deactivate your voicemail service if you do not initialize it within a reasonable period after activation. We will reactivate the service upon your request.

    21. DISPUTE RESOLUTION BY MANDATORY, BILATERAL AND BINDING ARBITRATION:  Please read this carefully. It affects your rights. You and KonaTel agree that any dispute, controversy, or claim arising out of or relating in any way to your use of KonaTel’s service, or to any products or services sold or distributed by KonaTel or through KonaTel websites or mobile applications, including any dispute or claim as to the scope or applicability of this agreement to arbitrate, shall be resolved only by final and binding, bilateral arbitration, except that (1) you may assert claims in small claims court if your claims qualify ; (2) you maintain your right to file a complaint with your state’s Public Service Commission or the FCC regarding the service provided and/or charges imposed by KonaTel; and (3) this agreement to arbitrate does not include your or KonaTel’s right to seek injunctive or other equitable relief in a court of competent jurisdiction pursuant to the Choice of Law & Jurisdiction provision below, to concerning the unauthorized sale, export, alteration, and/or tampering of your KonaTel device, the Service and/or PIN numbers. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this agreement and govern all questions as to whether a dispute is subject to arbitration.

      There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow the terms of these Terms and Conditions.

      The term “Dispute” shall include any dispute, claim, or controversy between you and KonaTel regarding or relating to any aspect of your relationship with KonaTel, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “Dispute” also includes, but is not limited to, any and all claims between you and KonaTel in any way related to or concerning this Agreement, KonaTel’s services, products, any billing disputes or disputes involving or relating to telephone calls or other communications that you claim were received by you from KonaTel and/or a party acting on KonaTel’s behalf. The term “Dispute” is to be given the broadest possible meaning that will be enforced. As used in this Section, “KonaTel” means KonaTel and its parents, subsidiaries, affiliated companies, predecessors in interest, successors, and assigns, and each of their respective officers, directors, employees, and agents.

      Dispute Notice

      Before initiating an arbitration, and within sixty (60) days of the date of any event giving rise to a dispute, you and KonaTel each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute can be (1) mailed to KonaTel, Attn: Compliance Department, 13601 Preston Rd., Suite 816E Dallas, TX 75240 (the “Notice Address”), (2) emailed at billing@konatel.com, or (3) brought to the attention to KonaTel Customer Service at 877-566-2835. KonaTel will provide a Notice of Dispute to you via mailing address or email address associated with your KonaTel account.

      You and KonaTel agree to make attempts to resolve the Dispute prior to commencing an arbitration and not to commence and arbitration proceeding until a 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or KonaTel may commence an arbitration proceeding.

    22. ARBITRATION PROCESS AND PROCEDURE:

      1. All Disputes shall be determined by binding arbitration (1) administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) conducted by a single, neutral arbitrator; and (3) take place telephonically, unless an in-person hearing is specifically requested by either party, in such case in-person hearings shall take place in Pittsburgh, Pennsylvania. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.

      2. Disputes may also be referred to another arbitration organization if you and KonaTel agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act. 9 U.S.C. § 1-16.

      3. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, collective, or representative action.

      4. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND KONATEL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION FOR ANY DISPUTE COVERED BY THIS AGREEMENT.

      5. The JAMS Rules are available on its website at www.jamsadr.com Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and KonaTel each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.

      6. To commence an arbitration, a Demand for Arbitration is required to be executed and served on KonaTel. Service of the Demand for Arbitration on KonaTel can be mailed to KonaTel, Attn: Compliance Department, 13601 Preston Rd., Suite 816E Dallas, TX 75240 pursuant to the instructions provided by JAMS to submit a Dispute for arbitration. Service of the Demand for Arbitration on you will be sent to the Notice Address. Further instructions on submitting a Demand for Arbitration can be found at www.jamsadr.com/files/uploads/documents/jams_arbitration_demand.pdf. KonaTel will bear the cost of your initial filing fee.

      7. Arbitrator Selection. Arbitration will be conducted by one neutral arbitrator selected with the participation and involvement of both KonaTel and you pursuant to JAMS Rule 12.

      8. Arbitrator Award. An arbitrator’s award will consist of a written statement of the disposition of each Dispute and a concise written statement of the essential findings and conclusion on which the award is based. The arbitrator’s decision and award are final and binding, subject only to the limited court review permitted under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. Neither you nor KonaTel shall disclose the existence, contents, or results of any arbitration except to the extent required by law.

      9. Fees. In the event you commence arbitration, after KonaTel receives notice that you have initiated arbitration, KonaTel will reimburse you upon request for your payment of the filing fee and KonaTel will pay the JAMS any case management fees associated with the arbitration and the professional fees for the arbitrator’s services.

    23. CLASS ACTION WAIVER: NEITHER YOU NOR KONATEL SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING, WITHOUT LIMITATION, AS A REPRESENTATIVE MEMBER OF CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, IN CONNECTION WITH ANY DISPUTE. Further, unless both you and KonaTel expressly agree otherwise, the arbitrator may not consolidate more than one person’s claim. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.

    24. CHOICE OF LAW & JURISDICTION: These Terms and Conditions shall be interpreted, construed, enforced, and governed in all aspects in accordance with the exclusive jurisdiction and laws of Pennsylvania, without regard to conflict of law principles. Any suit, cause of action, or legal proceeding arising under or relating to these Terms or Conditions or your use of any KonaTel service that is not addressed through arbitration or in small claims court as provided below, shall be in the exclusive jurisdiction and venue of the state courts of Pennsylvania, situated in Allegheny County, Pennsylvania or the federal courts situated in the U.S. District Court for the Western District of Pennsylvania. You and KonaTel agree to submit to the personal jurisdiction of a state court located in Allegheny County, Pennsylvania or a United States District Court, Western District of Pennsylvania for any actions which the parties retain the right to seek relief.

    25. 25. MISCELLANEOUS: This Agreement, any applicable rate summary sheet, the terms included in the rate brochure(s) describing your plan and services, terms of service for products and services not otherwise described in this Agreement or the brochure that are posted on a KonaTel website and any documents expressly referred to herein or therein, make up the complete agreement between you and KonaTel, and supersede any and all prior agreements and understandings relating to the subject matter of this Agreement.

      If any provision of this Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.

      KonaTel may assign this Agreement, but you may not assign this Agreement without our prior written consent. In the event of a dispute between us, the law of the state of your address of record on your account at the time the dispute is commenced, whether in litigation or arbitration, shall govern except to the extent that such law is preempted by or inconsistent with applicable federal law (including but not limited to the FAA).

      Your caller identification information (such as your name and phone number) may be displayed on the equipment or bill of the person receiving your call; technical limitations may, in some circumstances, prevent you from blocking the transmission of caller identification information.

      You consent to the use by us or our authorized representatives of regular mail, predictive or autodialing equipment, email, text messaging, facsimile or other reasonable means to contact you to advise you about our services or other matters we believe may be of interest to you. In any event, we reserve the right to contact you by any means regarding customer service related notifications, or other such information.

      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.

  2. TERMS RELATED TO LIFELINE SERVICES
    1. LIFELINE PROGRAM. Lifeline is a government assistance program that is supported by the federal Universal Service Fund and is administered by the Universal Service Administrative Company. In addition to the general terms and conditions above in Part I, the following terms and conditions apply to Lifeline Services. The Lifeline program provides monthly discounts on telecommunications service (voice and broadband Internet access service) for eligible consumers. An eligible KonaTel subscriber may receive a Lifeline discount on wireless service, but the Lifeline discount is available for only one Lifeline offering per Household (including a voice and data bundle). Household is defined, for purposes of the Lifeline program, as any individual or group of individuals who live together at the same address and share income and expenses (“Household”). A Household is not permitted to receive Lifeline benefits from multiple providers. Violation of the one-per-household limitation constitutes a violation of the FCC’s rules and will result in the applicant’s de-enrollment from the Lifeline program. Lifeline is a federal benefit and willfully making false statements to obtain the benefit can result in fines, imprisonment, de-enrollment or being barred from the program.

      You may qualify for the Lifeline Services if you meet certain eligibility requirements. For the federal Lifeline program, these requirements are determined by federal regulation. For state-specific Lifeline programs, eligibility requirements vary by state. These state and federal eligibility requirements include program-based eligibility or income-based eligibility. By completing the KonaTel application, you consent to release required information, including financial information, if necessary, to a designated representative as required for the administration of the Lifeline Services. This consent survives any termination of this Agreement. KonaTel reserves the right to review any of your continued eligibility for the Lifeline program, at any time, and may require that you provide KonaTel with written documentation of either your Household income or your participation in a qualifying state or federal program. If you or any member of your Household participates in a Lifeline program with another provider, you are responsible for (1) notifying the other provider that you or the other member of your Household has been approved for a KonaTel Lifeline program and (2) de-enrolling in Lifeline service with the other provider. Notice to terminate service from any other provider’s Lifeline program must be given before activating new service in the KonaTel Lifeline program.

    2. PROGRAM BASED ELIGIBILITY. To be eligible for KonaTel Lifeline Services, a subscriber must meet the applicable eligibility standards. KonaTel subscribers are eligible to receive Lifeline discounts, under the program based eligibility criteria, if they participate in one or more of the following programs:

      • Supplemental Nutrition Assistance Program (SNAP) f/k/a Food Stamps
      • Federal Public Housing Assistance (FPHA)
      • Medicaid (not Medicare)
      • Supplemental Security Income (SSI)
      • Veterans and Survivors Pension Benefit
      • For subscribers residing on Tribal lands, the following programs also apply:
        • Food Distribution Program on Indian Reservations (FDPIR)
        • Bureau of Indian Affairs General Assistance (BIA)
        • Tribally Administered TANF
        • Head Start (meeting income qualifying standards)

      Acceptable documentation of program eligibility includes: (1) the current or prior year’s statement of benefits from a qualifying state, federal or Tribal program; (2) a notice letter of participation in a qualifying federal or Tribal program; (3) program participation documents (such as the consumer’s Supplemental Nutrition Assistance Program (SNAP) electronic benefit transfer card or Medicaid participation card (or copy thereof)); or (4) another official document evidencing the consumer’s participation in a qualifying federal or Tribal program.

      NOTE: As of December 2, 2016, the FCC has modified the programs that qualify subscribers for eligibility, including removing TANF, LIHEAP, the free lunch program, and state programs from the list of eligible programs for federal Lifeline, and adding Veterans Pension as a qualifying program.

    3. INCOME BASED ELIGIBILITY. You are eligible to receive Lifeline discounts, under the income based eligibility criteria, if your total gross income is at or below 135% of the Federal Poverty Guidelines. For purposes of federal regulations, “gross income” means all income actually received by all members of the household from whatever source derived, unless specifically excluded by the Internal Revenue Code. An income worksheet containing the Federal Poverty Guidelines is available at enrollment. Acceptable documentation of income eligibility includes the prior year’s state, federal, or Tribal tax return; current income statement from an employer or paycheck stub; a Social Security statement of benefits; a Veterans Administration statement of benefits; a retirement/pension statement of benefits; an Unemployment/Workmen’s Compensation statement of benefits; federal or Tribal notice letter of participation in General Assistance; or a divorce decree, child support award, or other official document containing income information for at least three months’ time.

    4. NON¬TRANSFERABLE AND NON¬ASSIGNABLE. Eligibility for KonaTel Lifeline Services is personal and relates to the subscriber individually. Lifeline Services subscribers may not transfer to any third party, including a third party that is eligible for Lifeline service, any of the subscriber’s rights or benefits received under the KonaTel Lifeline Services, including, but not limited to, any voice minutes or broadband data received under the KonaTel Lifeline Services. Similarly, subscribers may not assign their rights or delegate any of their duties under this Agreement without the prior written consent of KonaTel, and any attempted assignment or delegation without such consent shall be void.

    5. USAGE POLICY. To maintain your Lifeline service, you must use your service every 30 days (unless you have a regular billing and payment relationship with us). At or before 30 days of non¬use, KonaTel will provide notice to the subscriber that failure to use the Lifeline Services within a 15¬-day notice period will result in de¬enrollment. Subscribers can “use” the Services by: (1) completing an outbound call or using data; (2) purchasing minutes or data from KonaTel to add to the subscriber’s plan; (3) answering an incoming call from a party other than KonaTel; (4) responding to direct contact from KonaTel and confirming that the subscriber wants to continue receiving the service; or (5) sending a text message. If the subscriber does not respond to the notice, the subscriber will be de-enrolled. This usage policy applies only to customers who do not have a regular billing relationship with us. NOTE: As of December 2, 2016, the FCC has adopted a rule modifying the non-usage period from 60 days (with a 30-day notification period) to 30 days (with a 15-day notification period), and adding data usage and outbound text messaging to the definition of “use” for purposes of the rule.

    6. KONATEL LIFELINE PROGRAM CERTIFICATION. Subscribers applying for KONATEL Lifeline Services agree to and certify that all of the following conditions below apply (but not limited to):

      • Applicant has read and understands the disclosures listed in the Lifeline Service Application and Certification (“Certification”) form;

      • Applicant certifies that to the best of their knowledge, applicant’s Household is not already receiving a Lifeline service benefit;

      • Lifeline service is limited to one connection per Household;

      • The applicant meets the income-¬based or program¬-based eligibility criteria for receiving Lifeline service and has provided documentation of eligibility if required;

      • If the applicant is seeking to qualify for Lifeline as an eligible resident of Tribal lands, he or she lives on Tribal lands;

      • Applicant will be required to provide the last four digits of the applicant’s Social Security Number or Tribal ID Number (or full Social Security Number or Tribal ID Number if required by a particular state);

      • Applicant has read and understands the disclosures listed in the Certification form regarding activation and usage requirements;

      • Applicant authorizes KonaTel to access any records required to verify application statements on the KonaTel form and to confirm applicants’ eligibility for the Lifeline program;

      • Applicant authorizes KonaTel to release any records required for the administration of the Lifeline program (e.g., name, telephone number and address), including to the Universal Service Administrative Company to be used in a Lifeline database and to ensure the proper administration of the Lifeline Program. Failure to consent will result in denial of the Lifeline Services;

      • Applicant will notify KonaTel within 30 days if for any reason he or she no longer satisfies the criteria for receiving Lifeline Services, including, as relevant, if applicant no longer meets the income-¬based or program-¬based eligibility criteria, applicant begins receiving more than one Lifeline benefit, or another member of applicant’s household is receiving a Lifeline benefit. Applicant understands that he or she may be subject to penalties if he or she fails to follow this requirement;

      • Applicant is not listed as a dependent on another person’s tax return (unless over the age of 60);

      • Applicant’s address listed on the Certification form is the applicant’s primary residence, not a second home or business;

      • If applicant moves to a new address, applicant will provide that new address to KonaTel within 30 days;

      • Applicant acknowledges that providing false or fraudulent information to receive Lifeline benefits is punishable by law;

      • Applicant acknowledges that he or she may be required to re¬certify continued eligibility for Lifeline at any time, and failure to re¬certify as to continued eligibility within 30 days will result in de-enrollment and the termination of applicant’s Lifeline benefits;

      • The information contained in the applicant’s Certification form is true and correct to the best of applicant’s knowledge;

      • If applicant participates in another Lifeline program at the same time he or she is applying for KonaTel Lifeline Services, the applicant must cancel Lifeline service with the other provider;

      • Applicant affirms he or she is at least 18 years old, unless Applicant is an emancipated minor.

    7. ANNUAL RECERTIFICATION, VERIFICATION, OR TERMINATION OF THE LIFELINE PROGRAM. A subscriber participating in the KonaTel Lifeline program will be required to re¬certify, on an annual basis, his or her eligibility to continue to participate in the Lifeline program based on the appropriate state and federal recertification or verification requirements. KonaTel reserves the right to determine, at its sole discretion, if a subscriber meets the annual recertification or verification requirements and if the subscriber fails to re¬qualify for the Lifeline Services. If KonaTel is unable to recertify or verify the required Lifeline qualifications, the subscriber will be deemed ineligible to further participate in KonaTel Lifeline program plans. If the subscriber chooses to continue service after de-enrollment from the Lifeline program, the subscriber’s free or discounted minute plan will be discontinued and the subscriber will have the option to choose from any of the then available prepaid plans under the applicable terms and conditions for that plan.

      KonaTel reserves the right to cancel or suspend, without notice, a subscriber’s account for any fraud related reasons, including suspected fraud, or upon the request of any state or federal authority. KonaTel subscribers have the ability to de-enroll from the Lifeline program for any reason. Subscribers who choose to de-enroll from the Lifeline program can make this request by calling the Company’s customer service number and will not be required to submit any documents. The Company will de-enroll the subscriber within five (5) business days. Upon de-enrollment from the program, subscribers will no longer receive free minutes or data each month and may be required to re¬qualify for Lifeline service if they choose to enroll again in a KonaTel Lifeline program.

      De-enrollment requests (include name, wireless number, and identity related information) can also be sent to: KonaTel, Inc., 13601 Preston Rd. Suite 816E Dallas, TX 75240.

    8. BENEFIT PORT LIMITATIONS. If your Service includes federal Lifeline-supported broadband Internet Service, you may not port your benefit from one Lifeline provider to another until you have been a subscriber with your original provider for at least twelve months from your Service initiation. If your Service includes federal Lifeline-supported voice service, you may not port your benefit from one Lifeline provider to another for at least sixty days from your Service initiation.

      The benefit port limitations for federal Lifeline-supported broadband and voice services described in the preceding paragraph are applicable unless one of the following exceptions is met: (1) you move residential address; (2) KonaTel ceases operations or otherwise fails to provide Service; (3) KonaTel has imposed late fees for non-payment related to the supported Service(s) greater than or equal to the monthly end-user charge for Service; or (4) KonaTel is found to be in violation of the FCC’s rules during the benefit year and you are impacted by such violation.

    9. ETC SERVICE AREAS. KonaTel Lifeline programs are only available for activation by subscribers who reside in the areas in which KonaTel has been designated as an Eligible Telecommunications Carrier (“ETC”). To receive subsidized wireless service, a subscriber’s principal residence address must be within a KonaTel ETC service area. Subscribers should call 611 or 877-566-2835 to check whether they reside in a KonaTel ETC service area.

    10. MOBILE DEVICES. Except where a customer brings his or her own device to KonaTel, Device models provided to Lifeline subscribers are selected at the sole discretion of KonaTel.