Terms and conditions of service

Definitions

In this document: (1) "we," "us," "our," "Alegre," and “Alegre Mobile” mean Alegro Mobile LLC.; (2) "you," "your," "customer," and "user" mean an account holder or user with us; (3) "Device" means any phone, mobile broadband device, any other device, accessory, or other product that we provide you, we sell to you, or is active on your account with us; and (4) "Service" means our offers, rate or service plans, options, wireless services, billing services, applications, programs, products, software, or Devices on your account with us. "Service(s)" also includes any other product or service that we offer or provide to you that reference these General Terms and Conditions of Service ("T&C")

General Terms and Conditions

Please read this T&C carefully as these represent a legally binding agreement between you and Alegre. THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION and CLASS ACTION WAIVER PROVISION.

Activation and usage of services

You must have the legal capacity to accept the Agreement. You accept the Agreement when you do any of the following: (a) accept the Agreement through any printed, oral, or electronic statement, for example, on the Web by electronically marking that you have reviewed and accepted; (b) attempt to or in any way use the Services; (c) pay for the Services; or (d) open any package or start any program that says you are accepting the Agreement when doing so.

The service activation occurs when you have selected a prepaid plan and added sufficient funds to your account balance. Your telephone number is activated at that time. Once active, the number is eligible for porting. Service charges are not refunded or prorated if service is terminated or modified before the next payment due date. Unused services, including but not limited to, minutes, messages, and data allotments, expire at the end of each plan cycle or when switching or restarting service plans and are not carried forward. Partial minutes of use are rounded up to the next whole minute. State and local sales taxes and fees may apply when adding funds to accounts. Our services will only work with our devices. Not all services are available with all devices or on all networks.

Based on our Policies, we may charge activation, prepayment, reactivation, program, or other fees to establish, change, or maintain Services. Certain transactions may also be subject to a charge (for example, convenience payment, changing phone numbers, handset upgrades, etc.). You will be provided notice of these types of fees before we complete the requested transaction.

An “unlimited” service is subject to the Prohibited Network Uses detailed below. Limited data plans, throughput data speeds will be slowed when data usage exceeds the selected plan’s applicable data threshold(s). During this time, data access will continue but maximum speeds will be limited to 2G speeds of 128Kbps or below for the remainder of plan cycle, resulting in slower page loads, downloads, and degraded streaming media. Data speeds will be restored at the beginning of a new plan cycle, or after a plan cycle restart. Data usage can be monitored online in alegremobile.com.

Funds can be added to accounts using one of Alegre's payment methods (e.g., cash, credit and debit). A service convenience fee may be charged for real-time-replenishment (“RTR”) transactions at some retailers. An account balance will decrease as services are used, payments are due and/or services not already included with the service plan are used (e.g., Cuba or other international calling, etc.). Account funds cannot be transferred between Alegre accounts nor can they be applied to any other wireless services. Adding funds through Alegre customer service may result in processing fees.

Funds must be added on the Pay As You Go accounts once every 60 days, regardless of usage and balance, or, when the balance is low, in order to keep the account and services active. Otherwise, any remaining account funds will be lost and the account & services will be interrupted. Once an account has a zero balance, additional funds must be added to the account within 30 days to keep the account from being canceled. If you do not make such payments within this time period, your account will be cancelled. If your account is cancelled, you will lose any phone number. If service is resumed following a cancellation, a reactivation fee may apply.

Domestic and international messaging rates are subject to change. Standard message rates are charged when a text message or picture/audio/video message (“MMS”) is sent or received, whether read or unread, viewed or unviewed, solicited or unsolicited. There is no guarantee messages will be received and we bear no responsibility for lost or misdirected messages.

The availability of domestic roaming services is dependent on your device and plan. Not all services and plan features (i.e., data, text, etc.) may be available when roaming. Alegre reserves the right, without notice, to deny, terminate, modify, disconnect or suspend service. Domestic roaming coverage, services and rates are subject to change at any time without notice.

International services, including international roaming outside of the 50 United States, U.S. Virgin Islands and Puerto Rico are not available at the moment.

Add-Ons are available all plans and are valid until the term specified or until the applicable add-on’s service allotment (e.g., data or minutes) is depleted, whichever occurs first. Recurring add-ons will remain on an account until removed.

Additional fees may apply for number changes, market transfers, and equipment change requests (e.g., changing to a new phone).

Changes in services or Agreement

We may change any part of the Agreement at any time, including, but not limited to, rates, charges, how we calculate charges, discounts, coverage, technologies used to provide services, or your terms of Service. If you lose your eligibility for a particular rate plan or if a particular rate plan is no longer supported or available, we may change your rate plan to one for which you qualify. We will provide you notice of material changes—and we may provide you notice of non-material changes—in a manner consistent with this Agreement. If you continue to access or use our Services or increase your account balance on or after the effective date of a change, you accept the change. Do not access or use our Services after the effective date of a change if you decide to reject the change and terminate Service. You will not be entitled to any credit for the unused portion of your account balance if you decide to terminate Service in response to a change to the Agreement.

We can, without notice, suspend or terminate any Service at any time for any reason. For example, we can suspend or terminate any Service for the following: (a) failure to have or maintain an appropriate account balance for applicable charges; (b) harassing/threatening/abusing/offending our employees or agents; (c) providing false or inaccurate information; (d) interfering with our operations; (e) using/suspicion of using Services in any manner restricted by or inconsistent with the Agreement and Policies; (f) breaching, failing to follow, or abusing the Agreement or Policies; (g) modifying a Device from its manufacturer specifications (for example, rooting the device); or (h) if we believe the action protects our interests, any customer's interests, or our networks.

The account holder can typically change Services upon request. In some instances, changes may be conditioned on payment of certain charges. The effective date of any changes will depend on our Policies, the old Services, and the requested Services. We will not credit or refund any subscription or other charges as a result of a change in Services. We may, but are not obligated to, provide you the opportunity to authorize someone else to make changes to your Services. You are responsible for any changes to your Services made by a person you authorize, and those changes will be treated as modifications to this Agreement.

Restrictions of service

You cannot use our services in a manner that is unlawful, infringes on intellectual property rights, or harms or unduly interferes with the use of our network or systems. Alegre Mobile reserves the right, without notice or limitation, to terminate, end, modify, disconnect or suspend service if an individual engages in any of the prohibited voice or data uses below or if Alegre, in its sole discretion, determines action is necessary to protect its wireless networks and/or customers’ service experience from harm or degradation. Examples of Prohibited Voice Services uses: Alegre voice services are provided solely for live dialogue between, and initiated by, individuals for personal use & as otherwise described in this policy. Voice services may not be used for any other purposes including, but not limited to: conference calling, monitoring services, transmission of broadcasts or recorded material, interconnection to other networks, telemarketing, autodialed calls, other commercial uses or connections that do not consist of live dialogue between two individuals. We will presume certain usage, dialing, or calling patterns indicate that you are not using for your personal use and we reserve the right to suspend, terminate or restrict your services. Examples of Prohibited Data uses: Alegre data services are intended to be used for 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. Our data services may not be used to disrupt email use by others using automated or manual routines, including, but not limited to "auto-responders" or cancel bots or other similar routines; to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail", unsolicited commercial or bulk email, or fax; or for activities adversely affecting the ability of other people or systems to use either Alegre's wireless services or other parties' Internet-based resources, including, but not limited to, "denial of service" (DoS) attacks against another network host or individual user.

Device, Transferring Phone Numbers , & Coverage

We don't manufacture any Device that we might sell to you or that is associated with our Services, and we aren't responsible for any defects, acts, or omissions of the manufacturer. The only warranties on your Device are the limited warranties given to you by the manufacturer directly or that we pass through. Device performance may vary based on device specifications (for example, a device's software, memory, and storage), and device performance may impact access to all of our Services. This Device is sold exclusively for use with our Service and in other coverage areas that we may make available to you. As programmed, it will not accept wireless service from another carrier. Except for any legal right you may have to port/transfer your phone number to another carrier, you have no—and cannot gain any (for example, through publication, use, etc.)—proprietary, ownership, or other rights to any phone number, identification number, email address, or other identifier that we assign to you, your Device, or your account. We'll notify you if we decide to change or reassign them.

We don't guarantee that number transfers to or from us will be successful. If you authorize another carrier to transfer a number away from us, then that is considered a request by you to us to terminate all of the Services associated with that number.

Our coverage maps are available at our authorized retail locations or our website. The specific network coverage you get will depend on the radio transmissions your Device can pick up and Services you've chosen. Our coverage maps provide high level estimates of our coverage areas when using Services outdoors under optimal conditions. Coverage isn't available everywhere. Coverage and Service speeds are not guaranteed. Coverage is subject to change without notice. Service speeds may depend on the Service purchased. Actual speeds will vary. Estimating wireless coverage, signal strength, and Service speed is not an exact science. There are gaps in coverage within our estimated coverage areas that—along with other factors both within and beyond our control (for example, network problems, network or Internet congestion, software, signal strength, your Device, structures, buildings, weather, geography, topography, server speeds of the websites you access, actions of third parties, etc.) —may result in dropped and blocked connections, slower Service speeds, or otherwise impact the quality of Service. Services that rely on location information, such as E911 and GPS navigation, depend on your Device's ability to acquire satellite signals (typically not available indoors) and network coverage. While your Device is receiving a software update, you may be unable to use your Device in any manner until the software update is complete.

Our pre-paid plans, devices, services and features are not for resale. The primary use of your device must be for domestic purposes and for other purposes outlined in our offers. Domestic means use in the 48 contiguous states, Hawaii, DC, Puerto Rico and the U.S. Virgin Islands.

The term "roaming" typically refers to coverage on another carrier's network that we may make available to you based on our agreements with other carriers. These agreements may change from time to time, and roaming coverage is subject to change without notice. Your ability to receive roaming coverage depends on the radio transmissions your Device can pick up and the availability of roaming coverage. We make no guarantee that roaming coverage will be available. Roaming coverage may exist both within and outside our network coverage areas. Your Device will generally indicate when you're roaming. Depending on your Services, separate charges or limits on the amount of minutes used while roaming may apply. Certain Services may not be available or work the same when roaming (for example, data Services, voicemail, call waiting, etc.). Currently we do not have roaming capabilities.