Revised June 4, 2024
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1.0 General Terms
Welcome to Cricket Wireless. We are pleased to be your wireless service provider. By activating, using, or paying for any Cricket products or services (“Cricket Service(s)” or “Service(s)”), you agree to be bound by these Cricket Wireless Terms and Conditions of Service (“Agreement”). If you don’t agree, contact us immediately to cancel your order and/or service and return any products. See cricketwireless.com/contactus.
Please read this Agreement carefully. It requires you and Cricket to resolve disputes through arbitration on an individual basis rather than jury trials or class actions. It also governs how we handle your information, including information related to your Cricket Account and your location.
1.1 Our Agreement
In this Agreement, unless otherwise specified, “Cricket,” “we,” “us,” and “our” refer to Cricket Wireless LLC and its affiliated companies and their successors and assigns.
"You," "your," "user," "subscriber," or "customer" refer to the account holder or any other person who purchases, activates or uses the Wireless Services we provide. "Device" means a compatible wireless device that we or an authorized retail location provide or sell to you, or you provide, and that we activate with a Cricket SIM card on your account. "Charges" means any access and usage charges, taxes, surcharges, fees, including regulatory cost recovery fees, government fees (whether assessed directly upon you or upon Cricket) and other charges we charge you or that were accepted or processed through your Device as further defined below in the "Charges" section.
Cricket offers various products and services. This Agreement includes a set of universal terms (“General Terms”) and specific Service terms (“Service Terms”). You’re bound by the General Terms and Service Terms for each Cricket Service you purchase or use. In addition, your Agreement incorporates Cricket’s Privacy Policy (at cricketwireless.com/privacy), Acceptable Use Policy (at cricketwireless.com/aup), any receipt or customer service summary provided to you, and any other documents or terms specifically referenced herein. In the event of any conflict between these Terms and any Supplemental Materials or Policies, these Terms will govern our relationship with you.
In the event of any conflict between this Agreement and any supplemental materials, terms, or policies, this Agreement will govern our relationship with you.
1.2 Your Cricket Account and Account Access
You may need to set up an account (“Cricket Account(s)” or “Account(s)”) in order to purchase or use Cricket Services. You must ensure that any information you provide us in connection with your Cricket Account and Cricket Services, including contact information, is accurate and current.
You are responsible for any activity that occurs on or through your Account. We do not guarantee the security of your Account. You must ensure that your Account information and password(s) for accessing or using your account and person information are secure. If you learn of any unauthorized use of any Cricket Account, please contact us immediately.
You agree that all users of your Cricket Services (including minors) are subject to the limitations and obligations of this Agreement, including the arbitration provision and Privacy Policy. It’s your duty to inform them of their limitations and obligations and to provide this Agreement to them.
You may designate individuals (such as family members) to act on your behalf (“Authorized Users”). Authorized Users can manage your account, including changing or adding Services. You are responsible for all actions and changes made by any Authorized Users, including purchases of products and additional Cricket Services. You authorize us to provide information about and make changes to your account at the direction of any person who provides information sufficient to identify you, even if this person has not been designated as an Authorized User.
You consent to the use by us or our authorized agents of regular mail, predictive or auto-dialing 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. We may contact you by any means regarding customer service-related notifications, or other such information.
1.3 Dispute Resolution
Please read this carefully. It affects your rights.
1.3.1 Summary
This part of the Agreement outlines how disputes between you and Cricket will be resolved through our informal dispute resolution process, individual arbitration, or small claims court. The informal dispute resolution process gives you the opportunity to explain what happened to someone in, or working with, our legal department. Under the terms of this Agreement, Cricket is encouraged to resolve issues early, without going any further.
An “arbitration” is a less formal alternative to a lawsuit or jury trial in court. A neutral third party, called an arbitrator, decides the dispute. The arbitrator applies the same law and can award the same individualized remedies that a court could award but uses streamlined procedures and limits discovery to simplify the process and reduce costs. The arbitrator’s decision is legally binding, and it is subject to very limited review by courts. You and Cricket agree that arbitration will take place on an individual basis. Class arbitrations, class actions, and representative actions are not permitted. This means that you and Cricket will neither file a lawsuit (in any court other than a small claims court), nor pursue or participate in an action seeking relief on behalf of others.
While subsection 1.3.2 lays out the specifics, here are the steps you would take to resolve a dispute:
Contact customer service. We encourage you to give customer service a call first. A phone call, chat session, or email with us is usually the quickest way to resolve an issue. Check out https://www.cricketwireless.com/contactus to find the right service or product team for your issue.
You choose. If you aren’t satisfied after talking to customer service, you can choose to file your individual claim in small claims court or send us a Notice of Dispute, which is required before starting arbitration.
Let’s work it out. If you decide not to go to small claims court, start the informal dispute resolution process by sending a Notice of Dispute to our legal department, which you can complete and send at https://www.cricketwireless.com/legal-info/notice-of-dispute.html You and Cricket agree to give each other at least 60 days to share information and try to reach an agreement. (We’ll use the same process if we have a dispute with you.) At your or our request, we’ll schedule an Informal Settlement Conference to try to reach an agreement by phone or video-conference.
Pursue an arbitration. If the dispute still isn’t resolved, you can pursue an individual arbitration. The nation’s largest non-profit arbitration provider, the American Arbitration Association (AAA), will administer the arbitration and select the neutral arbitrator, with input from both you and Cricket. Some things to keep in mind:
- Cricket will usually pay all of the arbitration fees (with some exceptions).
- Any hearings will be in the same county as your billing address, or they might be held by phone or video-conference.
- In some cases, if you win, we will pay double attorney’s fees (if any) and a minimum of $10,000.
1.3.2 Arbitration Agreement
1.3.2.1 Claims Subject to Arbitration:
To the greatest extent permitted by law, Cricket and you agree to arbitrate all disputes and claims between you and Cricket, except for claims arising from bodily injury or death. This arbitration provision is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation, or any other statutory or common-law legal theory;
- claims that arose before the existence of this or any prior Agreement (including, but not limited to, claims relating to advertising);
- claims for mental or emotional distress or injury not arising out of bodily injury;
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Agreement.
Small Claims Option. Despite this arbitration provision, either you or Cricket may bring an action seeking only individualized relief in the small claims court for the county (or parish) of your billing address, so long as the action is not removed or appealed to a court of general jurisdiction.
This arbitration provision does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Those agencies can, if the law allows, seek relief against us on your behalf. By entering into this Agreement, you and Cricket are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision will survive termination of this Agreement.
1.3.2.2 Pre-Arbitration Informal Dispute Resolution Process
Customer service is available to help and usually can resolve any concerns you may have. If that does not work, the first step in the dispute resolution process is to send a written Notice of Dispute (“Notice”). (We’ll also send you a Notice to your billing address if we have a dispute with you.) You may download the Notice form at https://www.cricketwireless.com/entassets/Cricket_Wireless_Arbitration_Form.pdf. The Notice to Cricket may be sent by U.S. mail or professional courier service to Legal Department - Notice of Dispute, Cricket, 208 S. Akard, Office #2900.13, Dallas, Texas 75202 (the "Notice Address"), or, alternatively, submitted electronically by following the instructions at https://www.cricketwireless.com/legal-info/notice-of-dispute.html. The Notice must include all of the information requested on the Notice form, including: (a) the claimant’s name, address, and phone number; (b) the Account number at issue; (c) the services (if any) to which the claim pertains; (d) a description of the nature and basis of the claim or dispute; and (e) an explanation of the specific relief sought and the basis for the calculations. The Notice must be personally signed by you (if you are the claimant) or by a Cricket representative (if we are the claimant). To safeguard your Account, you might be required to provide both your authentication and consent for us to discuss your Account or share your Account information with anyone but you, including an attorney (“Authentication and Consent”).
Whoever sends the Notice must give the other party 60 days after receipt of a complete Notice (including your Authentication and Consent, if required) to investigate the claim. During that period, either you or Cricket may request an individualized discussion (by phone call or video-conference) regarding settlement (“Informal Settlement Conference”). You and Cricket must work together in good faith to select a mutually agreeable time for the Informal Settlement Conference (which can be after the 60-day period). You and a Cricket representative must personally participate, unless otherwise agreed in writing. Your and Cricket’s lawyers (if any) also can participate.
Any applicable statute of limitations or contractual limitations period will be tolled for the claims and requested relief in the Notice during the “Informal Resolution Period.” The Informal Resolution Period is the number of days between the date that the complete Notice (and Authentication and Consent, if required) is received by the other party, and the later of (1) 60 days later or (2) the date the Informal Settlement Conference is completed, if timely requested.
Any arbitration proceeding cannot be commenced until after the Informal Resolution Period has ended. (Subsection 1.3.2.7 contains additional requirements for commencing certain coordinated arbitrations.) All of the pre-arbitration dispute resolution requirements are essential so that you and Cricket have a meaningful chance to resolve disputes informally. If any aspect of these requirements has not been met, a court can enjoin the filing or prosecution of an arbitration. In addition, unless prohibited by law, the AAA may not accept, administer, assess, or demand fees in connection with such an arbitration. If the arbitration already is pending, it must be dismissed.
1.3.2.3 Arbitration Procedure
You may download a form to initiate arbitration at https://www.cricketwireless.com/legal-info/arbitration.html. In addition, information on how to commence an arbitration proceeding, including how to file a consumer arbitration online, is at adr.org/support. A copy of the arbitration demand must be sent to AAA and the Notice Address, and a copy of the Notice must be attached to your arbitration demand.
The arbitration will be governed by the then-current Consumer Arbitration Rules (“AAA Rules”) of the AAA, as modified by this arbitration provision, and will be administered by AAA. (If AAA refuses to enforce any part of this arbitration provision, you and Cricket will select another arbitration provider. If there is no agreement, the court will do so.) The AAA Rules are available online at adr.org or may be requested by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at https://www.cricketwireless.com/legal-info/arbitration.html.)
As in court, you and Cricket agree that any counsel representing someone in arbitration certifies that they’re complying with the requirements of Federal Rule of Civil Procedure 11(b), including a certification that the claim or the relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions available under AAA Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law against all appropriate represented parties and counsel.
All issues are for the arbitrator to decide, except only a court can decide the following:
- issues relating to the scope and enforceability of the arbitration provision,
- whether a dispute can or must be brought in arbitration,
- whether the AAA cannot or will not administer the arbitration in accordance with this arbitration provision,
- whether subsection 1.3.2.2 has been complied with or violated for purposes of awarding relief under that subsection that a court can award, and
- whether subsections 1.3.2.6, 1.3.2.7, or 1.3.2.8 have been complied with or violated.
Unless you and Cricket agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is valued at $10,000 or less, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator or through a telephonic, video-conference, or in-person hearing under AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by AAA Rules. During the arbitration, the amount of any settlement offers must not be disclosed to the arbitrator until after the arbitrator determines the relief, if any, to which you or Cricket is entitled. Regardless of how the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which his or her decision is based. Except as provided in subsection 1.3.2.6 below, the arbitrator can award the same damages and relief that a court can award under applicable law.
1.3.2.4 Arbitration Fees
We will pay all AAA filing, administration, case-management, hearing, and arbitrator fees if we initiate an arbitration. If you initiate arbitration of claims valued at $75,000 or less, we will pay those fees, so long as you have fully complied with the requirements in subsection 1.3.2.2. In such cases, we will pay the filing fee directly to AAA upon receiving a written request from you at the Notice Address or, if AAA requires you to pay the filing fee to commence arbitration, we will send that amount to AAA and request that AAA reimburse you. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the allocation and payment of all such fees will be governed by AAA Rules.
1.3.2.5 Alternative Payment and Attorney Premium
If you fully complied with the requirements above in subsection 1.3.2.2 and the arbitrator issues an award in your favor that is greater than the value of our last written settlement offer made before the arbitrator was selected, then we will:
- pay you the amount of the award or $10,000 (the "Alternative Payment”), whichever is greater; and
- pay the attorney you retained, if any, twice the amount of attorneys’ fees and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably incurs for investigating, preparing, and pursuing your claim in arbitration (the “Attorney Premium”).
Disputes regarding the payment and reimbursement of attorneys’ fees, expenses, the Alternative Payment, and the Attorney Premium may be resolved by the arbitrator upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorneys’ fees and expenses is greater than the value of our last written settlement offer, the calculation will include only the reasonable attorneys’ fees and expenses you incurred pursuing this arbitration through the date of our settlement offer.
The right to the Attorney Premium supplements any right to attorneys’ fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this arbitration provision does not preclude the arbitrator from awarding you that amount. However, you may not recover both the Attorney Premium and a duplicative award of attorneys’ fees or expenses.
1.3.2.6 Requirement of Individual Arbitration
The arbitrator may award relief (including, but not limited to, damages, restitution, declaratory relief, and injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND CRICKET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and Cricket agree otherwise, the arbitrator may not consolidate more than one person’s or entity’s claims and may not otherwise preside over any form of a representative, class, private attorney general, or public injunction proceeding.
If a court (after exhaustion of all appeals) declares unenforceable any of these prohibitions on consolidation or non-individualized relief (such as class, representative, private attorney general, or public injunctive relief), then all other aspects of the case must be arbitrated first. After completing arbitration, the remaining (non-arbitrable) aspects of the case will then be decided by a court.
1.3.2.7 Administration of Coordinated Arbitrations
If 25 or more claimants submit Notices or seek to file arbitrations raising similar claims and are represented by the same or coordinated counsel (whether such cases are pursued simultaneously or not), all the cases must be resolved in staged proceedings. You agree to this process even though it may delay the arbitration of your claim. In the first stage, claimants’ counsel and Cricket will each select 25 cases (50 cases total) to be filed in arbitration and resolved individually by different arbitrators. If feasible, the arbitrators will be from the respective claimants’ home states. If there are fewer than 50 cases, all will be filed in arbitration. In the meantime, no other cases may be filed or proceed in arbitration, and the AAA must not assess or demand payment of fees for the remaining cases or administer or accept them.
The arbitrators are encouraged to resolve the cases within 120 days of appointment or as swiftly as possible thereafter, consistent with fairness to the parties. After the first stage is completed, the parties must engage in a single mediation of all remaining cases, and Cricket will pay the mediation fee. If the parties cannot agree how to resolve the remaining cases after mediation, they will repeat the process of selecting and filing 50 cases to be resolved individually by different arbitrators, followed by mediation.
If any claims remain after the second stage, the process will be repeated until all claims are resolved, with four differences. First, a total of 100 cases may be filed in the third and later stages. Second, the cases will be randomly selected. Third, arbitrators who decided cases in the first two stages may be appointed in later stages if different arbitrators are not available. Fourth, mediation is optional at the election of counsel for the claimants.
Between stages, counsel will meet and confer regarding ways to improve the efficiency of the staged proceedings, including whether to increase the number of cases filed in each stage. Either party may also negotiate with AAA regarding the amount or timing of AAA fees.
If this subsection applies to a Notice, the Informal Resolution Period for the claims and relief set forth in that Notice will be extended (including the tolling of any applicable statute of limitations or contractual limitations period for the claims and requested relief) until that Notice is selected for a staged proceeding, withdrawn, or otherwise resolved. A court will have the authority to enforce this subsection, including by enjoining the mass filing, the prosecution or administration of arbitrations, or the assessment or collection of AAA fees.
This subsection and each of its requirements are intended to be severable from the rest of this arbitration provision. If, after exhaustion of all appeals, a court decides that the staging process in this subsection is not enforceable, then the cases may be filed in arbitration and the payment of AAA filing, administration, case-management, hearing, and arbitrator fees will be assessed as the arbitrations advance and arbitrators are appointed rather than when the arbitrations are initiated.
1.3.2.8 Future Changes to Arbitration Provision
Notwithstanding any provision in this Agreement to the contrary, if Cricket makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice via U.S. Mail within 30 days of the first notice of the change to Legal Department – Revised Arbitration Opt-Out, Cricket, 208 S. Akard, Office #2900.13, Dallas, Texas 75202. Include your name, address, phone number, account number, and a statement personally signed by you that you wish to reject the change to the arbitration provision. By rejecting any future change, you are agreeing that you will arbitrate any dispute between you and Cricket in accordance with the language of this version of the arbitration provision.
1.3.2.9 Puerto Rico Customers
For Puerto Rico customers, all references to "small claims court" in this arbitration provision should be understood to mean the Puerto Rico Telecommunications Regulatory Board.
1.3.3 Forum Selection
Unless you and Cricket agree otherwise, to the greatest extent permitted by law, the state and federal courts in Dallas, Texas will have exclusive jurisdiction over any disputes (except for disputes brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of the arbitration provision or any of its parts. You and Cricket consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis or any right to seek to transfer or change venue of any such action to another court.
1.4 How We May Contact You
You agree that Cricket and its current and future affiliates, assignees, successors, employees, agents, and others acting or purporting to act on our behalf, can contact you regarding your Accounts, your Cricket Services, and additional products and services that we or third parties may offer, using any means or method (including by phone, mail, email, text message (such as SMS/MMS), chat (such as RCS), push notifications, or other medium), as well as by including messages online or within payment reminders for your Cricket Services.
You agree that notices provided to you using any of these methods are considered received by you. You agree to provide accurate, current contact information about yourself, that you have authority to consent to communications to any phone numbers or email addresses you provide, and that you will promptly notify us if your contact information has changed.
You also agree that Cricket and its current and future affiliates, assignees, successors, employees, agents, and others acting or purporting to act on our behalf can at any time send you email or other electronic messages to any phone number or email address associated with your Cricket Services by any means, including an automated system that sends preset messages.
You further agree that any calls or messages sent to numbers or email addresses you provide to Cricket or its current and future affiliates, assignees, successors, employees, agents, and others acting or purporting to act on our behalf, or to numbers or email addresses associated with your Cricket Services, may be sent using an automatic telephone dialing system, artificial or prerecorded voices, or other automated dialing equipment such as a predictive dialer, and that you cannot revoke your consent to be contacted in this manner.
Please review your online Account, and/or other means we may communicate with you, for messages. We will send important messages to you through these means and messages. You are deemed to have received these notices once available for viewing via these means and methods.
Communications to you may include, but are not limited to, emergency alerts, updates to this Agreement, communications regarding payments, and information concerning promotions regarding any Cricket Services or products or services offered by our third-party partners. You are not required to agree to receive promotional communications to purchase any Cricket Services. You can unsubscribe from promotional emails, calls, or messages by following the unsubscribe options in the promotional communication itself or in the Cricket Privacy Policy. For more information about your rights and choices regarding how we communication with you, visit cricketwireless.com/privacy.
1.5 Termination or Suspension of Cricket Services
You may cancel or terminate any of your Cricket Services at any time. If you cancel a Cricket Service:
- you might lose any discounts you obtained from bundling Cricket Services together;
- you are responsible for all Charges until your account is canceled;
- you will not receive a refund or credit for the unused portion of your Services or Account balance if you decide to cancel Service before your monthly service period ends.
- compliance with an order by a state or federal agency, court, or arbitrator;
- any interruption or loss of either your or Cricket’s rights to access any part of the network facilities required to provide your Services, including rights to access the land or buildings where the facilities are located; or any Misconduct by your or any user of your Cricket products or Services. “Misconduct” includes but is not limited to:
- any conduct that we believe violates this Agreement or Cricket’s Acceptable Use Policy;
- any conduct that involves the use of abusive, threatening, or unreasonable conduct toward any of our employees or representatives, whether in person, over the phone, or in writing;
- any abusive, fraudulent, or unlawful use of any Cricket Services;
- providing us with false or misleading information about you, users of your Cricket Services, or your use of Cricket Services;
- any use of Cricket Services in a manner that negatively affects, or is likely to negatively affect, our or other entities’ networks, customers, or operations, or that infringes anyone’s intellectual property rights, violates others’ privacy, generates spam or abusive messaging or calling, or results in the publication of threatening, offensive, or illegal materials;
- any reselling of Cricket Services (including selling of use of or access to Cricket Services); or
- any failure to make all required payments when due.
- unless required by applicable law, there is no proration of charges even if your Cricket Services are terminated before the end of the monthly term;
- any Account balance or unused portion for the terminated Cricket Service will not be refunded or credited back;
- your licenses to use any associated software are terminated; and
- we reserve the right to delete any data, files, or other information associated with your or your Cricket Account or terminated Cricket Services.
You are using Cricket Services at your own risk. Unless expressly set out in this Agreement, Cricket Services are provided on an “as is” and “as available” basis, without warranties or guaranties of any kind. To the greatest extent permitted by law, Cricket (including our past, present, and future parents, subsidiaries, and affiliates, related entities, as well as Cricket’s and all of those entities’ officers, agents, employees, licensors, predecessors in interest, successors, and assigns) expressly disclaims all warranties of any kind, whether oral, express, implied, or statutory, including but not limited to the implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, and any warranties implied by a course of performance, course of dealing, or usage or trade. No one is authorized to make warranties on our behalf. We do not guarantee that Cricket Services will meet your requirements, be of a particular quality or speed, or will be uninterrupted, accurate, secure, maintained, and kept free from viruses or other harmful components. There is no security or protection guarantee against unauthorized access to your Cricket Services, personal information, or Cricket Account. We do not guarantee that Cricket Services are suitable for use in situations in which absolutely accurate data transmission or security is required or that could result in personal injury, property damage, or financial loss. We also do not guarantee that Cricket Services will be interoperable with your hardware or software and that incompatibility won’t lead to damage or loss of data.
1.7 Limitations of Liability
You agree that:
- Cricket is not an insurer of Cricket Services, nor can it ensure the accuracy of your information or the privacy or security of your Cricket Accounts;
- Cricket has no control over the acts and conduct of third parties;
- Cricket is not responsible for losses incurred as a result of your or a third-party’s use of your Cricket wireless number or other Cricket Service as a source of authentication or verification in connection with any social media, email, financial, cryptocurrency or other account.
- use of Cricket Services (which includes equipment and software);
- the performance or non-performance of Cricket Services;
- the actions or inaction of Cricket or its agents with respect to the provision or delivery of any Cricket Services or that relate to your Cricket Account or our relationship with you;
- any action of a third-party, such as unauthorized access to your Cricket Accounts or Cricket Services (including the use of your Cricket Accounts or Cricket Services to access a third-party account); or
- any alleged actions or representations, statements, promises, or agreements by Cricket that are not expressly set forth in this Agreement regarding the use, performance, suitability, safety, reliability, security, or any other aspect or attribute of Cricket Services.
- the installation, maintenance, removal, or technical support of Cricket Services, even if the damage results from the ordinary negligence of our representative;
- any unauthorized access to your Cricket Accounts or Cricket Services (including the use of your Cricket Accounts or Cricket Services to access a third-party account), even if the unauthorized access was the result of ordinary negligence by a Cricket employee, representative, agent, or any person or entity purporting to act on Cricket’s behalf;
- any inability to reach 911 or other emergency services, any alleged interference with alarm or medical monitoring stations;
- the use, inability to use, or the lack of interoperability between Cricket Services and any third-party hardware, software, or service;
- the loss of your information, such as missed or deleted voicemails, text messages, emails, pictures, or files; or
- any interruption, error, limitation, delay in any Cricket Service, or any other problem cause, in whole or in part, by you or something outside of our control, including, but not limited to, environmental conditions, emergency conditions, power or network outages, transmission errors, equipment damage or repairs, limits in system capacity, unavailability of radio frequency channels, governmental actions, labor disputes, riots, terrorism, or the acts of third parties.
To the greatest extent permitted by law, you must commence any legal action, whether by filing a lawsuit in small claims court or by filing a demand for arbitration, within two years of the date of the event or facts giving rise to the dispute or you waive the right to pursue that claim (these contractual limitations period is tolled by the submission of a valid Notice of Dispute under subsection 1.3 of this Agreement).
Each of the limitations of liability in this Agreement will apply to claims you bring against third parties to the extent that we would be required to indemnify that third-party. If applicable law prohibits a limitation in this Agreement, all other limitations will apply to the greatest extent permitted by law. References in Section 1.7 to “Cricket” and “we” include our past, present, and future parents, subsidiaries, affiliates, and related entities, as well as Cricket’s and all of those entities’ officers, agents, employees, licensors, predecessors in interest, successors, and assigns.
1.8 Indemnification
To the fullest extent allowed by applicable law, you agree to release, hold harmless, indemnify, and defend Cricket (including our past, present, and future parents, subsidiaries, affiliates, and related entities, as well as Cricket’s and all of those entities’ officers, agents, employees, licensors, predecessors in interest, successors, and assigns) from any and all claims of any person or entity for damages, fines, penalties, or expenses of any nature arising out of or relating to, directly or indirectly:
- your or your Authorized Users’ access to, use of, or inability to access or use any Cricket Service;
- any violation by you or your Authorized Users of this Agreement;
- your or your Authorized Users’ violation of law (including negligence, willful misconduct, and infringement of anyone’s intellectual property rights); or
- any other claim, demand, action, or complaint by any person or entity claiming by or through you or your Authorized Users that in any way arises out of or relates to this Agreement or any Cricket Service.
1.9 Charges and Payments
1.9.1 Charges
You are responsible for paying all Charges for Services provided under this Agreement, including Charges made by any person you permit to have direct or indirect access to your Device even if you did not authorize its use. These include, but are not limited to, (a) monthly access charges; (b) usage charges (if your plan includes metered usage); (c) charges for features and add-ons; (d) taxes, fees and other assessments imposed by the government that we are required to collect and remit to the government (to determine your primary place of use ("PPU") and which jurisdiction's taxes and assessments to collect, you are required to provide us with your street address; if you do not provide an address or it is outside our Service area, we will designate a PPU within the Service area for you and we may terminate your Service); (e) other fees and charges including activation, reactivation, prepayment, convenience payment, restocking, Device unlocking, SIM replacement, number change, express delivery, upgrade, program, or other fees, including specific transaction fees, relating to Services and Devices purchased from us (for a current list of these fees, please see our charges and fees support page at cricketwireless.com/support/billing-and-payments/charges-and-fees.html); and (f) surcharges that we collect and retain from our customers that include, but are not limited to, Federal or State Universal Service fees, regulatory charges, administrative fees, and government taxes or fees imposed on gross receipts, sales and/or property that we incur in providing Services to our customers. Surcharges are not taxes, and we are not required by the government to collect them from you. We determine the rate of these charges, and the amounts are subject to change.
1.9.2 Billing
You will not have access to detailed usage records for most Services, and we will not provide you with monthly bills. You may access your Account on our website, on your Device, or by visiting a Cricket branded retail store. We will attempt to send you monthly SMS reminders of your account status, but we cannot guarantee that you will receive them or that you will receive them before your Account is suspended or canceled.
1.9.3 Payments and Account Balance
The availability of Services depends upon your payment in advance of all Charges when they are due. Payment by a customer of good funds at an in-store location of an authorized retailer completes the customer's transaction. If you fail to make payments when due, the Services will be suspended and/or canceled. By making a payment you will have access to Services for a limited amount of time and you must use the Services during the designated period of time; any unused allotment of Services from one designated period of time will not carry over to the next period (e.g., Services do not roll-over). Charges for our Services and the amount of time Services are available following activation may vary. If your account is deactivated for nonpayment it will be placed in suspend mode for 60 days. If your account is not replenished before the end of the 60 day suspend period, it will be canceled. Amounts paid for Service Charges are non-refundable and Account balances are not transferable, refundable, or redeemable for cash. If your Account is suspended or canceled, for any reason, any remaining balance will be forfeited. When your Account is canceled we will re-assign the phone number associated with your Account, and that phone number, identification number, or email address associated with your Account may no longer be available to you. We may also charge you a fee to reactivate Service depending on when you reactivate.
1.9.4 Payments at Authorized Retailer Stores
You can make payments for Charges to Cricket in person at participating authorized retailer locations. To make a payment at an authorized retailer location you must have the information necessary for us to verify your identity as required by our policies. Payments at authorized retailer locations may be in cash or by credit or debit card (provided that the retailer is able to accept payments from cards that operate on your credit or debit card's network).
The ability to make payments at authorized retailer locations is a service provided by Cricket in its sole discretion. Cricket is not obligated to make this payment method available, and may discontinue it - either entirely or at a particular retailer - at any time without notice to you, and without amending this Agreement. When you pay for Charges at an authorized retailer location, you will be required to pay a customer assistance fee in addition to the amount of your Charges. Cricket sets the amount of this fee in its discretion. It may adjust the amount of this fee from time to time without notice, and it may vary the amount of this charge by retailer location. You can always avoid paying this service charge by paying online or via Auto Pay. See www.cricketwireless.com/support/billing-and-payments/bill-pay-methods.
Cricket will consider the transaction complete as soon as you make a payment to the retailer. Generally, a payment made to the retailer will be reflected on your Cricket account almost immediately after you make it. In some instances, however, there might be a delay in posting the payment to your account.
The retailer is not providing you with a bill payment service or payment processing service. You are responsible for ensuring that a Retailer accepts payments for Charges. Retailer might not be able to accept payments at all times that they are open for business because of technical or personnel reasons. Your due date for Charges will not be extended because a retailer is closed - even if it is closed during its normal operating hours and even if such closure was not announced - or cannot accept a payment for another reason.
1.9.5 Autopay:
If you enroll in an automatic credit card billing, automatic payment, or electronic funds transfer plan, you authorize us or our agent to charge or place holds on the credit or debit card or financial institution account number you provide to us, without requiring a signed receipt. You certify you are the owner of the payment method, authorize us to store this information, and authorize us to automatically charge the amount of your monthly Service(s) each month on the date indicated in your online Account. You agree to provide us with updated credit or debit card or bank account information when needed by logging into your online Account, dialing 611 on your Cricket Device, or calling the customer care number available at cricketwireless.com/contactus. You acknowledge that, if your card-issuing bank participates in a card updater program and unless you opt out of this service, your bank may provide us with updated card numbers and expiration dates, and we will update our files with this information and continue to charge your card. You agree that we’re not responsible for any insufficient funds or other charges you might incur as a result of any attempts to charge or place holds on your credit or debit card or to transfer funds. When payment is made by credit or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer.
You can cancel your authorization for automatic credit-card billing, automatic payment, or electronic funds transfer by logging into your online Account, dialing 611 on your Cricket Device, or calling the customer care number available at cricketwireless.com/contactus. If you do so, you may lose certain promotions or discounts.
1.10 Questions or Disputes Regarding Charges
If you believe that there’s something wrong with your payment or charges due, please contact customer service as soon as possible. If you’re not satisfied with customer service’s resolution, you may send us a Notice of Dispute pursuant to subsection 1.3.
If you have a payment dispute, you have 180 days from the date of the payment due date either to notify customer service or submit a Notice of Dispute. Otherwise, you’ll have waived your rights to dispute the payment and to participate in any legal action raising that dispute. This limitations period does not apply in any state in which this contractual notice provision is prohibited.
1.11 Privacy
1.11.1 Privacy Policy
We take your privacy seriously. For more information about how we collect, use, and protect your personal information, including your location information, please see the Cricket Privacy Policy located at cricketwireless.com/privacy.
1.11.2 Use by Children
Children under the age of 13 should not be permitted to access Cricket Services unless allowed by an Account holder who is their legal guardian. By permitting a child to access a Cricket Service, you are giving your child access to all features (such as email, texts, and device applications), the internet, and a broad range of third-party content. It is your sole responsibility to determine whether the features are appropriate for a minor.
Cricket is not responsible for any content accessed by you or minors. In addition, Cricket does not guarantee the accuracy of any access controls available from Cricket, and you agree that you will not hold us liable for any loss or damage of any kind incurred as a result of the use of any such access controls.
1.12 Governing Law
The law of the state of your current billing address or current address of record governs this Agreement, except to the extent that law is preempted by or inconsistent with applicable federal law.
1.13 End User Licensing Terms
If you connect to Cricket Services by using, downloading, or installing an application or other Software that we made available, whether directly or indirectly through vendors, your use of the Software is subject to this Agreement and any End User License Agreement (“EULA”) for the Software.
1.13.1 Definition of Software
The term “Software” means the following: (a) any application related to the Services or this Agreement, including, without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation, and other components; (b) any updates, modifications, or enhancements to it; and (c) any specific Cricket or vendor web site to which the Software directs you via any browser.
1.13.2 License Grant
We (or for vendors’ Software, the vendor) remain the owner of the Software, which isn’t being sold to you. So long as you comply with the terms of this Agreement and any EULA provided with the Software, Cricket grants you a revocable, nonexclusive, nontransferable, limited right to install and use the Software on a single computer or device that you own and control and to access and use the Software on such device. We’re not responsible for any material or content that you transmit, store, delete, record, or play using the Software.
1.13.3 Restrictions on Use
You may use the Software only in strict adherence to the terms of this Agreement, the EULA, and the terms of any other agreements associated with your device. You may not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of or decrypt the Software; (b) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Software; (c) violate any applicable laws, rules, or regulations in connection with your access or use of the Software; (d) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Cricket, its suppliers, or the licensors of the Software; (e) other than resale by a Cricket-authorized reseller, use the Software for any revenue-generating endeavor or commercial enterprise other than the use of this Software to participate in our Services; (f) use the Software for creating a product, Service, or software that is, directly or indirectly, competitive with or in any way a substitute for any Services, product, or software offered by us; (g) use the Software to send automated queries to any web site or to send any unsolicited commercial email; or (h) use any proprietary information or interfaces of Cricket or other intellectual property of Cricket in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Software.
1.13.4 Export Limits
None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. The Software and any underlying technology may not be exported outside the United States or to any foreign entity or “foreign person” as defined by U.S. government regulations, including without limitation, anyone who is not a citizen, national, or lawful permanent resident of the United States.
1.14 Intellectual Property Rights
1.14.1 Cricket IP
You agree that Software, Cricket Services, and Cricket equipment (“Cricket IP”) are protected by trademark, copyright, patent and intellectual property laws, and/or international treaty provisions. You also agree that the source and object code of Cricket IP and the format, directories, queries, algorithms, structure, and organization of Cricket IP are the intellectual property and proprietary and confidential information of Cricket, its suppliers, and its licensors. Except as expressly stated in this Agreement, you are not granted any intellectual property rights in or to Cricket IP by implication, estoppel, or other legal theory, and all rights in and to Cricket IP not expressly granted in this Agreement are hereby reserved and retained by us. Nor do you have any intellectual or other property rights in any information that we provide or use to deliver Cricket Services, such as any Account or phone numbers or email addresses assigned to you.
1.14.2 Third-Party Software
Cricket IP may utilize or include third-party software that is subject to open source and third-party license terms (“Third-Party Software”). You acknowledge and agree that your right to use such Third-Party Software as part of the Services is subject to and is governed by the terms and conditions of the open source or third-party license applicable to such Third-Party Software, including, without limitation, any applicable acknowledgments, license terms, and disclaimers contained therein (“Third-Party Software Notices”) and including all posted changes to Third-Party Software Notices. In the event of a conflict between the terms of this Agreement and the terms of those licenses, the terms of those licenses will control your use of the relevant Third-Party Software. In no event will the Application or components thereof be deemed to be “open source” or “publicly available” software. You agree that your use of Cricket IP is subject to the terms of all Third-Party Software Notices.
1.14.3 Cricket Marks
You agree that the Cricket names and their related logos and all related product and service names, design marks, and slogans are trademarks and service marks owned by and used under license from Cricket (the “Cricket Marks”). You are not authorized to use the Cricket Marks in any advertising, publicity, or in any other commercial manner without the prior written consent of Cricket, which may be withheld for any or no reason.
1.14.4 Copyright Infringement and Digital Millennium Copyright Act
Cricket respects the intellectual property rights of others. If you believe that your work has been copied and has been posted, stored, or transmitted in connection with Cricket Services in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act (“DMCA”), please tell us by providing the information listed at cricketwireless.com/legal-info/cricket-wireless-copyright-trademark-claims.html to our Copyright Agent for notice of claims of copyright infringement to copyright@cricketwireless.com. For more information about Cricket’s copyright protection practices under the DMCA and for information on how to contact our DMCA agent, please refer to cricketwireless.com/legal-info/cricket-wireless-copyright-trademark-claims.html.
1.14.5 Copyright Alert Program
Our affiliate maintains the AT&T Copyright Alert Program (AT&T CAP) that allows copyright holders to notify us of claimed infringement occurring on our transitory digital network communications services pursuant to 17 U.S.C. § 512(a). For more information on the AT&T CAP, please visit copyright.att.net/home.
Under the AT&T CAP, content owners may submit notifications to us of alleged copyright infringement based on information they have independently collected in accordance with the industry standard Automated Copyright Notice System. If a content owner or its authorized agent submits an infringement notice identifying an IP address that we can, with reasonable efforts, trace to a particular and identifiable AT&T subscriber as of the date and time identified in the notice, we will forward a copyright alert to the contact information on file for the subscriber Account, advising the Account holder of the allegation and providing information about online copyright infringement.
If you receive a copyright alert, it is your responsibility to take immediate action to check your internet connected devices and your local network to ensure that you don’t generate additional copyright infringement notices. If, after you receive a copyright alert, we receive additional copyright infringement notices which are traceable to an IP address associated with your Account, we may temporarily redirect your internet access service to a webpage where you will be required to review and acknowledge material on the importance of copyright and the lawful use of content available over the internet. Upon completion of this review, redirection will be discontinued and your service will be restored to normal. After this stage, if we continue to receive copyright infringement notices that are traceable to an IP address associated with your Account, we may take further action consistent with 17 U.S.C. § 512(i), which may ultimately result in termination of your Services.
The Account holders’ personally identifiable information is protected throughout this process. We will not provide such information to content owners unless required to do so by court order. For more information about AT&T's Copyright Alert Program, please go to: copyright.att.net/home.
Our policies may be periodically revised and, in addition, we may in our sole discretion voluntarily participate, on terms acceptable to us, in copyright alert and graduated response programs with other stakeholders. By using the Services, you agree that we have the right, but not the obligation, to challenge on your behalf the legitimacy of any notification of copyright infringement which we receive, and you agree to grant us such limited authority as may be necessary to allow for such a challenge.
1.15 Information, Content, Services, And Applications Provided By Third Parties
WE ARE NOT A PUBLISHER OF THIRD-PARTY INFORMATION, APPLICATIONS, SERVICES, OR OTHER CONTENT AND WE ARE NOT RESPONSIBLE FOR ANY OPINIONS, ADVICE, STATEMENTS, OTHER INFORMATION, SERVICES, OR GOODS PROVIDED BY THIRD PARTIES. Cricket, its service providers, and its suppliers—in providing information, services, applications, content, or products—do not underwrite, or assume your risk in any manner whatsoever. You agree that your use of third-party information, applications, services, content, or products is at your own risk, for which we’re neither responsible nor warrant their safety, quality, or appropriateness and we do not provide customer service, repairs, or other support.
Third-party content or service providers may impose additional charges. Any information you provide to third parties is governed by their policies or terms.
Some services give you the ability to access, view, listen to, interact with, record, and/or store third-party audio and visual content (“Third-Party Content”). You understand that we don’t guarantee the access to or availability of any particular Third-Party Content, or the length of time any particular Third-Party Content may remain available. You also understand that Third-Party Content is the copyrighted material of the third-party that supplies it, is protected by copyright and other applicable laws, and may not be reproduced, published, broadcast, rewritten, or redistributed without the written permission of the third-party that supplied it, except to the extent allowed under the “fair use” provisions of the U.S. copyright laws or comparable provisions of foreign laws. You agree that we will have no liability to you, or to anyone else who uses your Account or your Services, with regard to any Third-Party Content.
We reserve the right in our sole discretion to restrict or deny access to any Third-Party Content or other third-party information, application, services, or products.
1.16 Assignment and Third Parties
1.16.1 Assignment
We may assign this Agreement or parts of this Agreement to any third party without your consent and without notice to you, but you cannot assign the Agreement or any rights or legal claims arising from it without our prior written permission. Upon any assignment of this Agreement by Cricket, all references in this Agreement to "Cricket" "we," "us," or "our" shall refer solely to the assignee of this Agreement and shall no longer refer to Cricket or its affiliates. From the date of an assignment by Cricket, we will no longer be your service provider and the assignee shall be responsible for providing your services. You acknowledge and agree that Cricket will have no liability or obligation to you if this Agreement is assigned by Cricket, and your recourse for any liabilities or obligations will be solely limited to the assignee of this Agreement.
1.16.2 Third parties
Except as stated in this Agreement, anyone who uses or benefits from your Cricket Services is not a third-party beneficiary who can enforce this Agreement against you, us, or anyone else.
1.17 About this Agreement
1.17.1 Your Ability to Contract
By agreeing, acknowledging, or signing any agreement or terms and conditions or otherwise activating, using, or paying for any Cricket Service – which constitutes acceptance of this Agreement – you’re confirming that you’re over the age of majority and have the capacity to enter into binding contracts. In addition, if you’re using Cricket Services on behalf of any entity, such as a corporation or other organization, you’re accepting this Agreement on that entity’s behalf. If that entity has separately entered into a business agreement with us, those business terms control.
1.17.2 Changes to Agreement
We may add, modify, or delete any terms, conditions, rates, or fees for any Cricket Service at any time. We will provide you with notice of changes that are materially adverse to you (this does not include changes in fees or surcharges imposed by the government and passed onto you or changes to rates, fees, or surcharges within limits set forth in this Agreement or any incorporated documents) by email, online Account message, text or other message, posting on the website for your Cricket Service, mail, or other method we deem practicable. We also may provide you with notice of non-material changes in our sole discretion. Your continued use or payment for Cricket Services after the effective date of the change means you have accepted the change. If we notify you of a materially adverse change concerning a Cricket Service during your Service, and if you don’t accept the change, you must immediately cancel the Cricket Service. Continued use of the Cricket Service is your acceptance of any changes.
1.17.3 Conflicting Terms
This Agreement supersedes any prior agreement between us regarding your Cricket Services. In the event of a conflict between this Agreement and an applicable EULA, this Agreement controls unless the EULA specifically states otherwise. The English version of this Agreement is the original one. If there is a conflict between it and any translated version, the English version controls.
1.17.4 Severability
If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.
1.17.5 Survival
Although you or we can terminate this Agreement, some terms will continue to apply after termination. These terms include, but are not limited to, the provisions regarding dispute resolution (subsection 1.3), disclaimer of warranties (subsection 1.6), limitations of liability (subsection 1.7), indemnification (subsection 1.8), and governing law (subsection 1.12).
1.17.6 Entire Agreement
This Agreement constitutes our entire agreement and supersedes any prior or contemporaneous agreements or understandings between us, either written or oral. This integration clause means that, to the greatest extent permitted by applicable law, you cannot rely on marketing materials or statements or promises by our employees or agents to modify the terms of this Agreement.
1.17.7 Operational Limits/Force Majeure
Our ability to provide Cricket Services to you is subject to the availability and the operational limitations of the equipment and associated facilities, including third-party networks that Cricket does not control. You understand and agree that temporary interruptions or delays of Cricket Services may occur, and that Cricket is not liable for them. In addition, we aren’t responsible for interruptions or delays caused by events outside our control, such as war, acts or threats of terrorism, civil disorder, labor strikes or disruptions, natural disasters (including fires, floods, earthquakes, and severe weather), medical epidemics, pandemics or outbreaks, destruction of network facilities or transportation infrastructure, or any other events beyond our reasonable control.
1.17.8 Non-Waiver of Rights
We may decide not to enforce rights or remedies under this Agreement in specific instances. That decision is not a waiver of any of our rights or remedies.
2.0
Cricket Wireless Service Terms
Cricket wireless service (“Wireless Service”) is provided by Cricket Wireless LLC, acting on behalf of its FCC-licensed affiliates or Cricket’s assignee or successor (“Cricket” or “us” or “we” in these Wireless Service Terms). For questions about your wireless service, please visit cricketwireless.com/contactus.
2.1 Wireless Service Agreement
Your Wireless Service Agreement includes the following:
- Your Wireless Service terms and conditions found in brochures that are available in retail stores and online at cricketwireless.com/plans at the time of your purchase;
- Additional terms and conditions that apply to your use of Cricket apps, features, and services, which are available in the applicable app, on your Device, and online at cricketwireless.com; and
- Cricket policies, practices, and procedures (“Policies”) that are available online at cricketwireless.com.
2.2 Wireless Service Description
Your Wireless Service includes:
- Services included in your rate plan (“Service Plan”), which sets forth your monthly usage allotment and charges for voice, messaging and/or data services; pay-per-use rates; and your coverage area. Unless specified otherwise in your rate plan terms, any unused allotment of voice, messaging and data services, from one billing cycle will not carry over to any other billing cycle.
- Any optional features and services you add to any line on your Account, which may be subject to additional charges and terms and conditions.
Unless otherwise prohibited by your specific plan terms or type of Device, you may change your Cricket Service Plan to a more expensive plan twice in any monthly service period, although we may prohibit or restrict any plan change we believe is in violation of this Agreement or any applicable Policy. If you change to a less expensive plan, the change will take effect the next time your rate plan renews. In addition, we reserve the right to change the Service Plan you are on if your Device is not supported by the Service Plan you selected. Some Service Plan changes may be conditioned on the payment of certain charges, and, depending on your plan, you may forfeit your remaining Service Plan balance if you change Service Plans. Information on our Service Plans is available at www.cricketwireless.com.
Cricket Wireless Service may be used with: (a) a compatible mobile device, as determined by Cricket, that contains a Cricket SIM that is assigned to your Account or (b) a device that is designed and purchased for use exclusively on Cricket’s network (referred to in the Wireless Service Terms interchangeably as “Device” or “Equipment”).
2.2.1 Voice Service
If your Service Plan includes voice service, subject to the limitations in this Agreement, you can make and receive calls within your Service Plan’s coverage area (“Voice Service”). Additional charges or restrictions may apply for Voice Service used outside your Service Plan’s coverage area. Service Plans that include Voice Service may only be activated on eligible, compatible mobile phones, as determined by Cricket.
2.2.2 Messaging Service
If your rate plan includes the ability to send and receive Cricket text (SMS), pictures or video (MMS), and/or Advanced Messaging (RCS) chat messages (collectively “Messages”), subject to the limitations in this Agreement, you will be able to receive and send such messages (“Messaging Service”). Apps that use other messaging protocols and over the top third-party messaging apps may incur data charges. Cricket does not guarantee delivery of Messages. Messages, including downloaded content, not delivered within 72 hours may be deleted and no longer available. Cricket reserves the right to change this delivery period without notification.
Advanced Messaging will not work if messaging or data has been blocked on your line. For more information on Advanced Messaging, visit https://www.cricketwireless.com/support/apps-and-services/advanced-messaging.html. Maximum limits on group message size apply depending on device mix and capabilities. MMS and SMS Messaging Service and data plan may need to be provisioned on an account in order to use Messaging. Some elements of Messages may not be accessible, viewable, or heard due to limitations on certain wireless devices. Cricket reserves the right to change the Message size limit at any time without notification. Text message notification may be sent to non-Picture/Video Messaging subscribers if they subscribe to Text Messaging. You may receive unsolicited messages from third parties as a result of visiting internet sites.
2.2.3 Data Service:
If your Service Plan includes data, subject to the limitations in this Agreement, you will be able to browse the internet and access wireless services, content, and apps, including those that enable sending and receiving of emails, use of GPS navigation, streaming of video, and other customer mobile internet-enabled capabilities (“Data Services”). Services provided via the Data Service may be provided by Cricket or its affiliates, assignees, successors, or by third parties subject to service-specific terms and conditions. Service Plans that include only Data Service may be activated only on eligible, compatible tablets and mobile hotspots, as determined by Cricket.
2.2.4 Cricket Wi-Fi Service
If you have a qualified rate plan and a Wi-Fi capable device, Cricket W-Fi Service in the U.S. may be available to you at no additional charge and your device may auto-authenticate at Wi-Fi Service locations. If you auto-authenticate at our Wi-Fi Service locations, your use may be subject to the Wi-Fi Terms and the URL filtering choices of the location owner or operator, including but not limited to the terms located at att.com/legal/terms.wiFiServices.html. Auto-authentication can be disabled on your. Auto-authentication can be disabled on your device, e.g., by turning off Wi-Fi. Certain information about you or your Device may be collected when you use Wi-Fi Service.
2.3 Where can I use my Wireless Service?
To activate and maintain your Wireless Service, you must have a U.S. mailing address and live within Cricket’s, it’s assignees or its successor’s owned and operated network coverage area. Our coverage maps can be found at cricketwireless.com/map. There are gaps in coverage maps, which, by their nature, are only approximations of actual coverage. Please be aware that even within your coverage area many things can affect the availability and quality of your Wireless Service, including, but not limited to, network capacity, your Device, your Service Plan, terrain, buildings, foliage, and weather. Wireless Service or particular wireless technologies (such as 5G) will not be available in all areas at all times.
We utilize different network technologies in our wireless network and not all Devices work on all wireless technologies. We do not guarantee that you will receive specific network capability at any given time, including any particular network speed. Actual network speeds depend upon device characteristics, network technology, availability, coverage, tasks, file characteristics, applications and other factors.
Wireless Service may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, network management, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers.
2.4 Service Activation and Service Term
These Wireless Service Terms begin on the day we activate your Wireless Service and continue through termination of your Wireless Service for any reason.
2.5 Prohibited Uses of Wireless Services and Devices
Our wireless network is a shared resource, which we manage for the benefit of all of our customers. To ensure the activities of some users do not impair the ability of all our customers to have access to reliable services provided at reasonable costs, we forbid certain activities and uses (“Prohibited Network Uses”). We may take any and all reasonable actions necessary to prevent and stop Prohibited Network Uses or any other violation of Cricket’s Acceptable Use Policy. Prohibited Network Uses include use of Cricket Wireless Service that, in Cricket’s sole determination:
- hinders other customers’ access to the wireless network;
- compromises network security or capacity;
- involves a mechanism that is used to originate, amplify, enhance, retransmit or generate a radio frequency signal without our permission;
- negatively affects our network or compromises network security or capacity;
- excessively and disproportionately contributes to network congestion;
- adversely impacts network service levels or legitimate data flows;
- degrades network performance;
- causes harm to the network or other customers;
- tethers a wireless Device to any other device (such as a computer, smartphone, other phones, eBook or eReader, media player, laptop, notebook, tablet, mobile hotspot, gaming console, smart TV or other devices with similar functions) if you have not subscribed to a Service Plan with a tethering feature;
- uses any Device for Wireless Service with an ineligible Service Plan;
- constitutes the reselling of any Wireless Service;
- constitutes use that is burdensome or unusually excessive when compared to other customers in your area on similar plans; or
- is otherwise excessive or unreasonable.
- purchasing a Device without intending to activate or use it on our network;
- reselling or rebilling Devices purchased from Cricket or an authorized retailer;
- modifying your Device from its manufacturer's specifications;
- modifying the Device or SIM card used in the Device to circumvent this Agreement and/or Cricket’s Device Unlock Policy;
- activating and/or using a Device on a Service Plan or with a feature or product not designated for its use (e.g.,activating a compatible mobile phone on a phone plan and then SIM swapping from your compatible mobile phone to an unauthorized device); or
- using any Device for any fraudulent or unlawful purpose.
- reduce your Data throughput speeds;
- restrict, interrupt or terminate any data session;
- suspend, cancel or terminate your Data Services;
- terminate your account;
- move you to a more appropriate Service Plan with increased data or high-speed data access allowances; and/or
- decline to renew your Wireless Service.
We may, at our sole discretion, take any action to protect and maintain the integrity of our network, our rights and property, our Services, or the rights and interests of others, including, but not limited to:
- modifying, without advance notice, the permitted and prohibited data activities, and the optimization requirements for your Data Services;
- engaging in any reasonable network management practice to enhance customer service, to reduce network congestion, to adapt to advances and changes in technology, and/or to respond to the availability of wireless bandwidth and spectrum;
- reducing your data throughput speeds at any time or place if your data usage exceeds an applicable usage threshold;
- using reasonable methods to monitor and collect customer usage information to better optimize the operation of the network;
- changing the Service Plan you selected to a Service Plan identified by Cricket as appropriate for the Device being used;
- interrupting, suspending, canceling or terminating your Wireless Services without advance notice; and/or
- blocking access to certain categories of numbers (e.g., 976, 900, and international destinations) at our sole discretion.
Our unlimited Voice Service is provided primarily for live dialogue between individuals. If your use of unlimited Voice Service for call forwarding, conference calling or purposes other than live dialogue between individuals exceeds 1,000 minutes per month, Cricket may terminate your Service or change you to a Service Plan with no unlimited voice usage components. Our unlimited Voice Service may not be used for any other commercial purposes, including, but not limited to: (1) maintaining an open line to provide dispatch or monitoring services; (2) accessing or remote call forwarding to multi-party chat line services; (3) transmitting broadcasts or pre-recorded materials; or (4) telemarketing.
2.5.2 Examples of Prohibited Network Uses of Messaging Service
Our Messaging Services are provided solely for communication between, and/or initiated by, individuals for personal use. You may not use Messaging Services for commercial purposes, including, but not limited to: (1) sending unsolicited, unauthorized, spam, or other unwanted messages (whether SMS, MMS, RCS, or other); (2) sending or receiving unusually high numbers of messages or messages not originated on your Device; or (3) reselling or transferring messaging capabilities. See the Acceptable Use Policy (located at www.cricketwireless.com/aup) for more information. We may terminate or restrict your Messaging Service for tethered messaging, excessive use, or misuse.
2.5.3 Examples of Prohibited Network Uses of Data Service
Data Service may not be used in any manner that: defeats, obstructs, penetrates, or attempts to defeat, obstruct, or penetrate, the security measures of Cricket’s wireless network or systems, or another entity’s network or systems; accesses, or attempts to access without authority, the accounts of others; or adversely affects the ability of other people or systems to use either Cricket’s Wireless Services or other parties’ internet-based resources. For example, this prohibition includes, but is not limited to: malicious software or “malware” that is designed, intentionally or unintentionally, to infiltrate a network or computer system such as spyware, worms, Trojan horses, rootkits, and/or crimeware; “denial of service” attacks against a network host or individual user; and “spam” or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial or bulk email).
Data Service may not be used in any manner that has the effect of excessively contributing to network congestion, hindering other customers’ access to the network, or degrading network performance. For example, this includes, but is not limited to: server devices or host computer applications such as continuous Web camera posts or broadcasts, automatic data feeds, or automated machine-to-machine connections; “auto-responders,” “cancel bots,” or similar automated or manual routines that generate excessive amounts of traffic or that disrupt user groups or email use by others; use of the Wireless Service as a substitute or backup for private lines or full-time or dedicated data connections; peer-to-peer (P2P) file sharing services; and software or other devices that maintain continuous active internet connections when a connection would otherwise be idle or any “keep alive” functions.
Data Service also may not be used with high bandwidth applications, services and content that are not optimized to work with Data Service and, therefore disproportionately and excessively contribute to network congestion. This includes, but is not limited to, redirecting television signals for viewing on computing devices; web broadcasting; and/or the operation of servers, telemetry devices, or supervisory control and data acquisition devices.
2.6 Unlimited Data Service
If you are subscribed to a Cricket unlimited data plan, you agree that “unlimited” means you pay a single monthly flat rate for wireless Data Service regardless of how much data you use. You further agree that “unlimited” does not mean that wireless data will be transmitted at any particular speed or that you can use Cricket’s wireless Data Service in any way that you choose or for any Prohibited Network Uses. If you use your unlimited data plan in any manner that is prohibited, Cricket can limit, restrict, suspend or terminate your Data Service. We may also migrate you from the unlimited data plan to a tiered data plan and charge you the appropriate monthly fees. We will provide you with notice of this change at least 30 days in advance either by email, text message, or other appropriate means.
Cricket may also reduce your data throughput speeds at any time based on the terms of your data plan, which may include times when your usage exceeds an applicable, identified data usage threshold during any monthly service period. Reduced data throughput speeds mean you may experience reduced data speeds and increased latency, which may cause websites to load more slowly and affect the performance of data-heavy activities such as video streaming.
Reduced data throughput speeds apply when using Data Services at times and in areas experiencing network congestion compared to other customers using the same cell site. Standard speeds will resume once the cell site is no longer congested or when your data session moves to an uncongested cell site, and speeds will no longer be reduced during periods of network congestion at the start of your next monthly service period, unless your usage again exceeds an applicable, identified data usage threshold for that next monthly service period.
There are no mobile network-related speed reductions if you use Wi-Fi, and Wi-Fi data usage does not count against a monthly data usage threshold for wireless Data service. For more information, go to www.cricketwireless.com/mobilebroadband.
2.7 Cricket’s Rights to Change, Reduce, Cancel, Suspend, Interrupt or Terminate Wireless Service or the Agreement
Cricket can take any and all actions necessary to protect the Cricket wireless network, ensure compliance with this Agreement and prevent and/or stop Prohibited Network Uses. Cricket may also change, reduce, interrupt, suspend, limit or cancel your Wireless Service or terminate your Agreement without advance notice for any reason, including, but not limited to the following actions by you or any user of your Device or on your Account:
- misconduct described by subsection 1.5;
- living or predominantly using Wireless Service outside of the Cricket, and/or Cricket affiliate, owned and operated domestic network coverage area;
- exceeding our off-net roaming usage allowances; and
- engaging or attempting to engage in Prohibited Network Uses.
If you lose your eligibility for a particular Wireless Service, we may modify, remove, or change your Wireless Service to one for which you qualify. If we determine that you are using your Device without the correct rate plan, we reserve the right to switch you to the required rate plan and charge you the appropriate monthly charges and fees. If we change your rate plan, you may change to another eligible rate plan. We may engage in any reasonable network management practice to enhance customer service, to reduce network congestion, to adapt to advances and changes in technology, and/or to respond to the limited availability of wireless bandwidth and spectrum. We may reduce your data throughput speeds at any time or place according to your rate plan.
2.8 Use of Wireless Service on Other Wireless Carrier Networks
Cricket has agreements with other wireless carriers that allow you to use Wireless Service outside of Cricket’s, or Cricket affiliates’, owned and operated wireless network. Within the U.S. and certain U.S. territories, the use of other carrier networks is referred to as domestic off-net usage. Use of other carrier networks while traveling internationally is called international roaming or international off-net usage. Both off-net usage and international roaming are dependent upon the agreements we have at any given time with other wireless carriers, and the network technology, frequencies, and functionality of those networks. Availability, quality of coverage, and speed for Wireless Service for off-net usage and international roaming are not guaranteed and may be changed without notice. Cricket may also reduce speeds (to 2G or other speeds) or suspend wireless Data Service for off-net and international roaming at any time without notice and without regard to the amount of data you have consumed during the monthly service period.
2.8.1 Limits on Use of Other Wireless Carrier Networks in the U.S.:
In most cases you are not charged separately for domestic off-net usage. Please check your rate plan terms to determine whether any extra charges apply for domestic roaming. However, if your rate plan provides for off-net usage, you still must use your Device predominantly within the Cricket, or Cricket affiliate, owned and operated wireless network. Thus, if we provide you with off-net usage, we may suspend, limit or cancel your continued use of other carriers' networks if you exceed the following off-net thresholds:
- Voice: If you use more than 750 minutes during any month.
- Data: If you use more than 100 megabytes of data during any month.
- Messaging: If you use more than 3,000 messages during any month.
We will provide you with notice if we take action because you exceed any of these thresholds.
For current information about our coverage, please visit www.cricketwireless.com/coverage. Please be aware that your Device may connect to another wireless carrier’s network even when you are located within the Cricket, or Cricket affiliate, owned and operated network coverage area.
2.8.2 Use of Wireless Service while Outside the U.S.
Your rate plan may include the capability to send and receive calls and text messages and use data for international roaming. Coverage within other countries and territories may vary depending on your Device type, plan, and/or package, and may be changed by us at any time without notice. For rates, coverage, countries and details, visit cricketwireless.com/international. For additional International Terms and Conditions, which are incorporated herein by reference, see www.cricketwireless.com/legal-info/cricket-international.
2.9 Wi-Fi Calling for Cricket Wireless Customers
Important Information about Wi-Fi Calling for Cricket Wireless Service Customers
TTY Devices are not compatible with Wi-Fi Calling: Wi-Fi Calling lets you call and text over Wi-Fi when cellular coverage is limited or unavailable. Your Device must be set to Cricket HD voice and have internet access. Loss of your internet connection during voice Wi-Fi Calling will disconnect your call, including 911 calls. In the U.S. or internationally, you can use Wi-Fi Calling to call numbers in the U.S. at no additional charge (excluding 411 calls and other premium numbers). International long distance rates/plans apply when calling international numbers from within the U.S. International roaming rates apply when calling international numbers while traveling outside the U.S. Certain countries restrict Wi-Fi calling. No Wi-Fi Calling to 211, 311, 511, and 811. See www.cricketwireless.com/support/mobile-wifi/wifi-calling for more information.
911 Calling with TTY & Real-time Text: Due to technical limitations, Wi-Fi Calling cannot be used with TTY devices and will not support TTY 911 calls. Persons with communications disabilities can use Real Time Text (https://www.cricketwireless.com/support/accessibility/real-time-text-rtt.html) as an alternative to TTY. 911 services can be reached by either (1) calling 911 using Real Time Text, (2) calling 911 directly using a TTY device over the cellular network or from a landline telephone, (3) sending a text message to 911 directly, (4) using relay services to place a TTY or captioned telephone services (CTS) call from a wireless phone or from a landline telephone, or (5) using relay services to place a IP Relay or IP CTS call over a cellular or IP network.
911 Call Routing: 911 calls using Wi-Fi Calling will first attempt to route to the appropriate emergency response center using automatic location information from your Device or, if that fails, the Emergency Address (no P.O. Boxes) entered in your Wi-Fi Calling settings. To set up Wi-Fi Calling you will need to enter a US address. You can change your Emergency Address at any time by selecting “Update Emergency Address” in your Wi-Fi Calling menu. To ensure proper routing of 911 calls update your Emergency Address as needed. 911 service may be delayed or unavailable if automatic location information is unavailable or if using Wi-Fi Calling from a location different from the Emergency Address you entered.
You acknowledge that you received and understand the foregoing information about 911 calls using Wi-Fi Calling as a Cricket Wireless Service customer, and you further agree that if you dial 911 on a Device using Wi-Fi Calling, Cricket may treat the automatic location information transmitted by your Device as your temporarily updated Wi-Fi Calling Emergency Address.
2.10 Your Device
A voice plan is required on all voice-capable Devices, unless specifically noted otherwise in the terms governing your rate plan. An eligible rate plan is required for certain types of Devices, including smartphones. A tethering plan may be required to enable tethering on a compatible Device, depending on the terms of your rate plan.
2.10.1 Terms Applicable to Use of Your Device with Wireless Service
We may periodically change your Device’s preloaded software, apps or programming remotely, without notice (e.g., to update Device software or direct your Device to use network services most appropriate for your typical usage). We may also remotely program or reconfigure your Device upon activation on the Cricket network and at other times, as well as install additional software and apps.
You cannot (nor can you allow anyone else to) make any modifications to (i) any Device purchased from Cricket or an authorized retailer or (ii) its programming or SIM card, to enable the Device to operate on any other system, except in accordance with the Cricket Device Unlock Policy found at www.cricketwireless.com/legal-info/device-unlock-policy.
2.10.2 Device Limitations and Restrictions
Cricket does not manufacture any Device that we sell or that can be used with our Services and we are not responsible for any defects, acts, or omissions of the Device manufacturer. The only warranties on a Device are the limited warranties provided by the manufacturer (WITH RESPECT TO WHICH WE HAVE NO LIABILITY WHATSOEVER). Any Device used with our Service must be compatible with and not interfere with our Services, and must comply with all applicable laws, rules, and regulations. If you use your own Device with our Service, it must be compatible with and must not harm our network. If you use your own Device, certain network and Device features and functionality may not be available and/or may not function properly with your own Device. You can go to www.cricketwireless.com/cell-phones/bring-your-phone to verify compatibility. We reserve the right to prevent you from using any Device on our network or with certain Service Plans. All Device performance may vary based on your Device specifications including processor capabilities, software, memory and storage, and Device performance may impact access to all of our Services. We may periodically program Devices on our network remotely with software, system settings, applications, features or programming, without notice, either prior to, during or after service activation. These changes will modify the Device you use and may affect or erase data you have stored on the Device, the way you have programmed the Device, or the way you use the Device. You may be unable to use a Device until the remote programming is complete, even in an emergency. Devices purchased from Cricket or from any authorized retail location are sold exclusively for use with our Service, are designed for use only on Cricket's network, and no other, and may not function on other wireless networks. By purchasing a Device from Cricket or an authorized retail location you agree to activate and use it with our Service. You also agree that you will not make, nor will you assist others to make, any modifications to any Device you purchase from Cricket or programming to enable it to operate on any other system or network except in accordance with our Device Unlocking Policy found at www.cricketwireless.com/legal-info/device-unlock-policy. We reserve the right to relock any Device to the Cricket network where we determine the Device has been unlocked in violation of our Device Unlocking Policy. You understand and acknowledge that Devices you purchase from Cricket or an authorized retailer are sold solely for use with our network and that we will be significantly damaged if you use or assist others to use our Devices for any other purpose. You also agree not to take any action to circumvent limits on the quantity of Devices that may be purchased from Cricket or authorized retailers. You will be liable to Cricket for any damages resulting from conduct prohibited in this section.
2.10.3 Device Unlocking
If you bought a Device from Cricket or an authorized retailer, it is programmed with a SIM lock which will prevent it from operating with other compatible wireless telephone carriers' services. For information on how to unlock the Device, please see our Device Unlocking Policy at www.cricketwireless.com/legal-info/device-unlock-policy.
2.10.4 Device Upgrades
You may upgrade your Device pursuant to Cricket's Device Upgrade Policy found at www.cricketwireless.com/support/account-management/upgrade-your-device, which may change without notice.
2.10.5 Information on Your Device
Your Device and SIM card may contain sensitive personal information (such as financial, healthcare, social security numbers, credit card numbers, pictures, videos) that you may wish to protect and not disclose to others. Cricket is not responsible for any of the information on your Device. You must remove any sensitive personal information from your Device before you return, exchange, recycle, or otherwise give up control of your Device. Information may remain on your device even if you remove the SIM card. Information left on your Device will be accessible to others who use your Device.
2.10.6. Lost or Stolen Devices
You must contact us immediately to report a lost or stolen Device. You are responsible for all Charges incurred on your phone number until you report the theft or loss to us. After you report the theft or loss, you remain responsible for complying with your obligations under this Agreement including the payment of any monthly Service fees. You further agree to cooperate in the fraud or theft investigation and to provide us with information and documentation (including any proof of loss and police reports) as we may reasonably request.
2.11 Cricket Use of Location Information
Cricket collects information about the location of your Device from our network and from your Device. We monitor, collect, and use this location information, together with other information we get from our network and your Device, to provide Wireless Service to you. We also use it to maintain and improve our network and the quality of your wireless experience.
For more information about the how we may collect and use information, including location, please refer to the Cricket Privacy Policy at cricketwireless.com/privacy.
2.12 NOTICE REGARDING TRANSMISSION OF WIRELESS EMERGENCY ALERTS (Commercial Mobile Alert Service)
Cricket has chosen to offer, at no additional charge, wireless emergency alerts, including enhanced geo-targeting (where selected by the alert originator and supported by the handset), within portions of its service area, as defined by this Agreement, on wireless emergency alert capable Devices.
Wireless emergency alerts, including enhanced geo-targeting (where selected by the alert originator and supported by the handset), may not be available on all Devices or in the entire service area, or if a subscriber is outside of the Cricket service area. In areas in which the emergency alerts are transmitted, such alerts may not be received even though a Device is capable of receiving them. For details on the availability of this service and wireless emergency alert capable devices, including the availability and benefits of enhanced geo-targeting (where selected by the alert originator and supported by the handset), please go to cricketwireless.com/support/apps-and-services/wireless-emergency-alerts.html.This notice is required by FCC Rule 47 C.F.R. § 10.240 (Commercial Mobile Alert Service).
In transmitting emergency alerts pursuant to federal law, Cricket, including its officers, directors, employees, vendors, assignees, successors and agents, shall not be liable to any subscriber to, or user of, Cricket’s Wireless Service or Equipment for any act or omission related to or any harm resulting from the transmission of, or the failure to transmit, an emergency alert; or the release to a government entity or agency, public safety, fire service, law enforcement official, emergency medical service, or emergency facility of subscriber information used in connection with delivering an emergency alert.
2.13 Mobile Content
You understand that Devices can be used to access the Internet where you will have access to text, pictures, video, games, graphics, music, email, applications, sound, and other materials primarily from third party content providers unaffiliated with Cricket ("Data Content") and where you will have the ability to send, receive and share Data Content. You may also purchase Data Content with your Device from us or from third parties. Cricket is not a publisher of third party Data Content and is not responsible for any opinions, advice, statements, or other information, services or goods provided by third parties. Third party Data Content may among other things be offensive, indecent, violent, pornographic, inappropriate, false and misleading, inaccurate, unreliable, and unsuitable for children and minors - you are solely responsible for any third party Data Content accessed through our Data Services. The accuracy, appropriateness, content, completeness, timeliness, usefulness, security, safety, merchantability, fitness for a particular purpose, transmission or correct sequencing of any application, information or downloaded data is not guaranteed or warranted by Cricket or any content providers or other third party. Neither Cricket nor its content providers, service providers or other third parties shall be liable to you for any loss or injury arising out of or caused, in whole or in part, by your use of any information, application or content, or any information, application, or other content acquired through our Data Services. Third party Data Content may harm your Device and its software, and we are not responsible for any third party Data Content that you download, install, or use with our Data Services. Usage by others can be restricted by use of parental controls or similar features.
2.14 Charges, Fees, and Payment
You are responsible for all charges incurred on your Account. In addition to charges authorized in this Agreement (including subsection 1.9), your payment may include:
- the monthly cost of the rate plan you have selected;
- optional services, such as features and add-ons;
- other charges and Cricket fees; and
- occasional fees for special Account assistance.
2.14.1 Calculation of Charges
2.14.1.1 Voice Service/Calls
If your Service Plan includes measured voice usage, your airtime is charged in full-minute increments, and actual usage is rounded up to the next full-minute increment at the end of each call. We charge a full minute of airtime usage for every fraction of the last minute of airtime used. Airtime 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. Airtime ends after you press END (or similar key), but not until the disconnect signal is received by our facilities and confirmed. All outgoing calls for which we receive answer supervision or which have at least 30 seconds of airtime, including ring time, will incur a minimum of one minute airtime charge. Answer supervision is generally received when a call is answered, but may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. Airtime 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. Airtime may also occur from other uses of our facilities, including voicemail deposits and retrievals, and call transfers. Calls that begin in one rate period and end in another rate period may be charged during the period in which the call began.
2.14.1.2 Messaging Service/Text, Picture, Video, and Rich Communication Messages
Generally, one text message equals 160 characters; however, text messages that include special characters, like emojis or non-Latin alphabet characters may be limited to 70 characters. Text messages that exceed the character limit will be charged as multiple individual messages according to your rate plan. Messaging Service can deliver video and picture messages (MMS) up to only 1MB in size, or up to 100MB in size with RCS. Cricket reserves the right to change the message size limit at any time. Message rates apply whether the message is read, unread, solicited, or unsolicited. Messages sent through applications may incur data usage charges.
2.14.1.3 Data Service
We measure data usage by the kilobyte, megabyte or gigabyte, where 1024 kilobytes equals 1 megabyte, and 1024 megabytes equals 1gigabyte. To determine your data usage, we calculate in full-kilobyte increments, and actual usage is rounded up to the next full kilobyte increment at the end of each data session.
Data use occurs whenever your Device is connected to our network and is engaged in any data transmission, including those you initiate, or those running automatically in the background without your knowledge and whether the data transmission successful or not. Some applications, content, programs and software on your Device (including both downloads and preloads) automatically and regularly send and receive data transmission in order to function properly, without you affirmatively initiating the request and without your knowledge.
Your rate plan data allowance is limited to usage in the United States, unless service in other locations is included in your rate plan or international roaming is included as part of your rate plan or package.
2.15 Disclaimer of Warranties and Limitations of Liability for Wireless Service
2.15.1 Disclaimer of Warranties
Unless prohibited by law, the following limitations of liability apply in addition to the disclaimers in Section 1.6. We and our predecessors in interest, successors, and assigns, as well as our past, present and future subsidiaries, affiliates, related entities, and each of those entities’ officers, agents, employees, and licensors make no warranty, express or implied, of merchantability or fitness for a particular purpose, suitability, accuracy, security, or performance regarding any Device, Wireless Service, Software or applications. Because of inherent limitations in wireless communications, and because we cannot control your choice or use of wireless Devices, to the maximum extent permitted by law, in no event will Cricket be liable, for any:
- act or omission of a third party we do not control;
- damage or injury caused by third party information, applications or content (e.g. apps, games, etc.) preloaded, accessible, or used through your Device;
- damage or injury caused by interruptions, failures to transmit, or delays in the Wireless Service provided by or through us;
- damage or injury caused by your use of Wireless Service provided by us while you are operating a vehicle;
- claims against you by third parties;
- unauthorized access to your Device, Wireless Service, or Cricket Account;
- damage or injury caused by a suspension or termination of Wireless Service by Cricket; or
- damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service.
2.15.2 Limitations of Liability for Wireless Service
In addition to the limitations of liability set forth in Section 1.7, your Wireless Service is also subject to the following additional limitations of liability.
Not all plans or Wireless Services are available for purchase or use in all sales channels, in all areas or with all Devices. Cricket is not responsible for loss or disclosure of any information you transmit or provide to us. Cricket’s Wireless Services are not equivalent to wireline internet. Cricket is not responsible for nonproprietary services or their effects on Devices.
We may, but do not have the obligation to, refuse to transmit any information through the Wireless Services and may screen and delete information prior to delivery of that information to you. There are gaps in service within the Wireless Services areas shown on coverage maps, which, by their nature, are only approximations of actual coverage.
Notwithstanding the foregoing, if your Wireless Service is interrupted for 24 or more continuous hours by a cause within our control, we will issue you, upon request, an Account credit equal to a pro-rata adjustment of the monthly Service fee for the time period your Service was unavailable, not to exceed the monthly Service fee. Our liability to you for Service failures is limited solely to the credit set forth above. Cricket is not liable to you for changes in operation or technology that cause or render your Device and/or software to be obsolete or require modification.
References in this Section 2.15.2 to “Cricket” and “we” include our past, present and future parents, subsidiaries, affiliates, and related entities, as well as Cricket’s and all of those entities’ officers, agents, employees, licensors, predecessors in interest, successors, and assigns.
2.16 Terms That Apply Only To Specific States and Puerto Rico
2.16.1 California: Unauthorized Charges
You are not liable for charges you did not authorize, but the fact that a call was placed from your Device is evidence that the call was authorized. Unauthorized charges may include calls made to or from your Device after it was lost or stolen. Once you report to us that the Device is lost or stolen and your Device is suspended, you will not be responsible for subsequent charges incurred by that Device. You can report your Device as lost or stolen and suspend Services without a charge by contacting us at 1-800-274-2538, by calling 611 from your wireless Device, or online at www.cricketwireless.com. If you notify us of any charges on your bill you claim are unauthorized, we will investigate and advise you of the result of our investigation within 30 days. If you do not agree with the outcome, you may file a complaint with the California Public Utilities Commission, and you may have other legal rights.
2.16.2 Connecticut: Questions About Your Service
If you have any questions or concerns about your Cricket Wireless Service, please call Customer Care at 1-800-274-2538 or dial 611 from your wireless phone, or visit www.cricketwireless.com. If you are a Connecticut customer and we cannot resolve your issue, you have the option of contacting the Department of Public Utility Control (DPUC). Online: ct.gov/pura; Phone: 1-866-381-2355; Mail: Connecticut DPUC, 10 Franklin Square, New Britain, CT 06051.
2.16.3 Puerto Rico
If you are a Puerto Rico customer and we cannot resolve your issue, you may notify the Telecommunications Regulatory Board of Puerto Rico of your grievance. Mail: 500 Ave Roberto H. Todd, (Parada 18), San Juan, Puerto Rico 00907-3941; Phone: 1-787-756-0804 or 1-866-578-5500; Online: jrtpr.gobierno.pr, in addition to having available arbitration, as provided in Section 1.3.
2.17 Terms That Apply to Subscribers Making Payments through an Authorized Third-Party
Your use of the Wireless Service is subject to the terms set forth herein and any additional terms and conditions imposed by an authorized third party that collects your monthly service payment as part of a subscription program. With respect to any payment or program eligibility matters, in the event of a conflict between the terms and conditions in this Agreement and the terms and conditions of the third-party subscription program agreement, the terms of such third-party agreement will control. In addition, as a subscriber making payments through a third party, your ability to monitor or modify your data usage account details on cricketwireless.com or through the myCricket app may be limited.