Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Subscriber," "you," or "your") and Crosstalk Mobile LLC ("Crosstalk Mobile," "Crosstalk Mobile Powered By T-Mobile," "we," "us," or "our"), an Oregon limited liability company. By subscribing to or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, do not subscribe to or use the Service.

You must be at least 18 years of age to subscribe to or use the Service. By subscribing, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement.

2. Service Description

Crosstalk Mobile provides prepaid unlimited 5G/LTE mobile wireless services ("Service") to subscribers within the United States. The Service provides unlimited high-speed data with no throttling or data caps, subject to these Terms.

• SIM Card: Upon enrollment, we will ship a physical SIM card to the address you provide. The SIM card remains the property of Crosstalk Mobile and must be used only with the Service. SIM cards are non-transferable.
• Network: Service is provided through our partner network infrastructure. Coverage, speed, and availability may vary by location and are subject to network conditions.
• No Uptime Guarantee: Due to the nature of cellular connectivity, we cannot guarantee uptime or network availability. Wireless networks are subject to congestion, interference, weather conditions, maintenance, and outages beyond our control. Service interruptions do not entitle you to a refund or service credit.

3. Billing and Payment

• Subscription Plans: We offer monthly and annual subscription plans. Current pricing is available on our website at the time of enrollment.
• Initial Payment: At the time of enrollment, you will be charged a one-time payment for your first billing period (one month for monthly plans, one year for annual plans) plus any applicable shipping fees. Shipping fees are a one-time charge and will not recur.
• SIM Activation and Billing Start: After your SIM card is delivered, our team will activate your service. Your recurring billing cycle begins on the date of activation. You will not be charged again until your prepaid period (calculated from your enrollment date) expires. For example, if you enroll on March 1 and your SIM is activated on March 15, your next billing date will be approximately April 1 (30 days from enrollment for monthly plans).
• Automatic Activation: If your SIM card has been shipped but is not activated within thirty (30) days of the shipping date, your subscription will be automatically activated and your recurring billing cycle will begin. By enrolling, you acknowledge and consent to this automatic activation.
• Saved Payment Method: By completing your enrollment, you authorize Crosstalk Mobile to securely store your payment method and use it for future recurring subscription charges without requiring additional authorization. Your card details are stored securely by our payment processor, Stripe, Inc.
• Auto-Renewal: Your subscription will automatically renew at the end of each billing cycle at the then-current rate unless you turn off auto-renewal in accordance with Section 4 below. By subscribing, you expressly authorize recurring charges to your payment method.
• Failed Payments: If a payment fails, we will attempt to collect the overdue amount. If payment is not received within a reasonable period, your Service may be suspended or terminated. You remain liable for all unpaid fees.
• Price Changes: We may change our subscription prices upon 30 days' written notice to you via email. Your continued use of the Service after a price change takes effect constitutes your acceptance of the new price.

4. Cancellation and Non-Renewal

• How to Cancel: You may turn off auto-renewal through the Crosstalk Mobile customer portal at crosstalkmobile.com/manage or by emailing CustomerService@CrosstalkMobile.com.
• Notice Requirement: For online cancellations through the customer portal, non-renewal requests must be submitted no later than the day prior to your next billing renewal date. For cancellations via email, non-renewal requests must be submitted at least two (2) business days before your next billing cycle to take effect for that cycle. Requests received after these deadlines will be processed for the following billing cycle, and you will be charged for the upcoming cycle.
• Service Continuation: When you turn off auto-renewal, your Service will remain fully active until the end of your current paid billing period. After that date, your Service will terminate and will not renew.
• No Prorated Refunds: All subscription fees are non-refundable. There are no prorated refunds for partial billing periods. When you turn off auto-renewal, you will continue to have access to the Service for the remainder of your current billing cycle, but no portion of the fee will be refunded.
• Annual Plans: Annual plan subscribers are committed for the full 12-month term. Non-renewal requests for annual plans will take effect at the end of the current annual term.
• SIM Card Return: If your line has been active for less than three (3) months at the time of cancellation, Crosstalk Mobile may require you to return the SIM card. In such cases, we will provide a prepaid USPS return shipping label at no cost to you. Failure to return the SIM card when requested may result in a SIM recovery fee.
• Reactivation: If you wish to reactivate service after cancellation, you must create a new subscription. Previous rates, credits, or promotional pricing are not guaranteed upon reactivation.

5. Hardware Purchases & Return Policy

Crosstalk Mobile offers optional networking hardware (such as cellular routers) for purchase in connection with the Service. The following terms apply to all hardware purchases:

• Return Window: Hardware may be returned within fourteen (14) calendar days from the date of delivery.
• Condition: Returned hardware must be in new, unused condition with all original packaging, accessories, and documentation.
• Restocking Fee: A 15% restocking fee applies to all hardware returns. This fee will be waived for hardware that is defective or dead on arrival (DOA).
• Return Shipping: Customer is responsible for return shipping costs. We recommend using a trackable shipping method.
• Refund Method: Approved refunds will be credited to the original payment method, minus any applicable restocking fee, within 5-10 business days of receiving the returned hardware.
• How to Initiate a Return: Contact CustomerSupport@CrosstalkMobile.com to request a return authorization before shipping any hardware back. Returns sent without authorization may not be accepted.
• Non-Returnable Items: SIM cards, activated services, and advanced support sessions are not eligible for return or refund.

6. Our Right to Suspend or Terminate

Crosstalk Mobile reserves the right to suspend or terminate your Service immediately, without prior notice, for any of the following reasons:

• Violation of these Terms or the Acceptable Use Policy (Section 7)
• Fraudulent, abusive, or unlawful activity
• Non-payment of fees after reasonable notice
• At our sole discretion for any other reason, with notice when commercially reasonable

If we terminate your Service due to a violation of these Terms, no refund will be issued. If we terminate your Service without cause, we will provide a prorated credit for the unused portion of your current billing cycle at our discretion.

7. Acceptable Use Policy

You agree NOT to use the Service for:

• Illegal Activities: Any purpose that violates federal, state, or local laws or regulations.
• Life-Critical Applications: Emergency services, medical monitoring, life support systems, security systems, or any application where a service failure could result in death, personal injury, or significant property damage. The Service is not designed or intended for use in life-critical or safety-critical applications.
• Network Abuse: Activities that degrade network performance, interfere with other users' service, or that consume disproportionate network resources in a manner inconsistent with normal personal mobile usage.
• Commercial Resale: Reselling, redistributing, or commercially exploiting the Service or your SIM card without our prior written consent.
• Harassment or Spam: Sending unsolicited communications, engaging in harassment, or using the Service to threaten, defame, or abuse others.

8. Privacy and Data

We collect and process personal information necessary to provide the Service, including your name, email address, phone number, shipping address, and payment information. We use this information to:

• Provide, maintain, and improve the Service
• Process payments and send billing communications
• Ship your SIM card and provide order updates
• Communicate with you about your account and Service changes
• Send marketing communications (only if you have opted in; you may opt out at any time)

We do not sell your personal information to third parties. Payment processing is handled by Stripe, Inc., and is subject to Stripe's Privacy Policy. We implement reasonable security measures to protect your information, but no method of transmission or storage is 100% secure.

9. Electronic Communications

By subscribing to the Service, you consent to receive electronic communications from us, including emails regarding your account, billing, service updates, and (if opted in) marketing. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
• CROSSTALK MOBILE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, REGARDLESS OF THE THEORY OF LIABILITY.
• CROSSTALK MOBILE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO CROSSTALK MOBILE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
• SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

11. Indemnification

You agree to indemnify, defend, and hold harmless Crosstalk Mobile LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; or (c) your violation of any third party's rights.

12. Dispute Resolution

• Informal Resolution: Before filing any formal dispute, you agree to first contact us at CustomerService@CrosstalkMobile.com and attempt to resolve the dispute informally for at least 30 days.
• Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict of law provisions.
• Venue: Any legal action or proceeding arising under these Terms shall be brought exclusively in the Circuit Court for Lane County, Oregon, or the United States District Court for the District of Oregon. You consent to personal jurisdiction and venue in such courts.
• Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13. Force Majeure

Crosstalk Mobile shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, acts of government, network outages, power failures, acts of terrorism, pandemics, labor disputes, or failures of third-party service providers.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide you with notice of material changes at least 30 days in advance via email to the address associated with your account. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must cancel your subscription before the changes take effect.

15. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and Crosstalk Mobile regarding the Service and supersede all prior agreements, representations, and understandings.
• Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

16. Contact Information

For questions about these Terms or your Service, contact us at: