PLEASE READ THESE terms and conditions carefully and make sure that you understand each provision as they contain important information about the services provided to you and our use of certain information. these terms and conditions require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. these terms and conditions limit our liability and the remedies available to you in the event of a dispute.
1. Parties. In this document, “we,” “us,” “our”, and “AbleGrid” refer to Ablegrid Corp; “you,” “your,” “customer,” and “user” refer to an account holder or user of our Service; “Device” or “Devices” means any phone, device, gps tracker, sim card, accessory, or other product that we provide you, sell you, or that is active on your account; and “Service” or “Services” means our offers, rates,data plans,activation service or service plans. For any questions, please call Customer Service at 1-800-918-9790.
2. General. This Agreement is the contract under which we provide and you accept all our Services or Devices, including but not limited to your prepaid Services. This Agreement hereby incorporates by reference the terms associated with the Service you select and all additional or updated terms at
www.AbleGrid.com.
YOU ACCEPT THIS AGREEMENT WHEN YOU: (A) ATTEMPT TO OR IN ANY WAY ACTIVATE AND/OR USE THE SERVICES, (B) PAY FOR ANY SERVICES, (C) UPGRADE OR MODIFY THE SERVICE, (D) START ANY APPLICATION, PROGRAM, OR SOFTWARE THAT STATES YOU ARE ACCEPTING, OR (E) ACCEPT THE SERVICES THROUGH ANY PRINTED, ORAL, OR ELECTRONIC STATEMENT. BY USING THE SERVICES, YOU REPRESENT THAT YOU HAVE THE LEGAL CAPACITY TO ACCEPT THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY TERMS IN THIS AGREEMENT, DO NOT TAKE ANY OF THESE ACTIONS.
3. Using Our Services. Service is for personal use in the U.S. only. You agree not to use our Services in any unlawful, fraudulent, or abusive manner. You may not resell or lease our Services to anyone without our prior written approval. We may, without notice, limit, suspend, or end your Service as follows: if you (a) breach this Agreement, (b) make a misrepresentation to us, (c) “spam” or abusively message or call, (d) modify your Device from its manufacturer's specifications, (e) use the Services in a way that adversely affects our network or other customers, (f) allow anyone to tamper with your Device, or (g) harass our employees or agents. We may terminate your Services at any time by providing you prior notice, and we may terminate your service at any time without notice for any conduct that we believe violates this Agreement. We may also temporarily limit your access to the Services for any operational or governmental reason. We are not responsible for any opinions, advice, statements, applications, or other information provided by third parties and obtained through our Services, including the Internet. You are responsible for any use of the Services through any Device on your account including, but not limited to, use by minors. You acknowledge that the Services are provided through the nationwide wireless network of an underlying service provider.
4. Activating GPS Device/IoT Sim Card Prepaid Service. Prepaid Service is active at the time of your purchase of a prepaid Device or sim card. The sim card prepaid plan you paid is only for data and SMS message plan, if you use any voice call minutes, we will send you the bill due every month, if you don't pay the bill for the voice minutes you used, we will disable the sim card service untill you pay the balance. You must maintain a positive account balance on your AbleGrid Device in order to keep your account active. Depending on the type of plan you choose to activate on your Device, terms and conditions may vary. For plan details, consult the applicable plan or refill card terms or visit www.AbleGrid.com
5. Account Authorization. You authorize us to make changes to your account, including adding new services and features, upon the direction of any person able to provide information we deem sufficient to identify you. You consent to our use of regular mail, autodialing equipment, email, text messaging or other reasonable means to contact you to inform you of our services or other matters we believe may be of interest to you.
6. Lost or Stolen Equipment. You must contact us immediately to report a lost or stolen Device. Call Customer Service or email us at c.ma@ablegrid.com immediately if your Device is lost or stolen because you may be responsible for usage charges before you notify us of the alleged loss. Once you notify us, we will suspend your Service. We will not credit or refund any account balance as a result of loss or theft of your Device. You agree to cooperate with us in investigating suspected unlawful or fraudulent use.
7. Coverage. Coverage is not available everywhere. You will not have access to our network outside of our coverage areas. Services may be interrupted, delayed, or otherwise limited for a variety of reasons, including, but not limited to, environmental conditions, unavailability of radio frequency channels, system capacity and constraints, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers.
We do not guarantee the availability of the wireless network or any Services. Coverage maps are available at AbleGridwirelessnow.com and AbleGridbolt.com. Our coverage maps approximate our anticipated wireless coverage area, do not show actual network coverage or performance, and include coverage on the network as well as coverage we make available to you through agreements with other carriers ("off network" or “roaming”) and may vary and be affected by circumstances beyond our control (e.g. network capacity, interference from buildings and other structures, terrain and weather).
8. Roaming. Both domestic and international roaming are not available with any AbleGrid Service.
9. Refunds and Returns. Account balances are not refundable, transferable, or redeemable for cash or credit unless sta. To the fullest extent permitted by law, AbleGrid Devices are sold “as is” with no manufacturer warranty. AbleGrid Gps trackers have life-time warranty except its battery,for all returns or repairs, you are responsible for the freight fees. AbleGrid Sim card is not returnable once activated. Activation fee for Ablegrid sim card is not refundable, transferable, or redeemable.
10. Your Device and Number. Upon your acceptance of your Device, all risk of loss, damage, theft, or destruction of your Device is borne by you. If your prepaid account is de-activated, your gps tracker or phone number may be re-assigned.
11. Charges. Ablegrid GPS sim card is ONLY for the GPS tracker device only.
You agree to have your prepaid account debited for all usage and other charges associated with your Device, even if you were not the user of, and did not authorize, its use. Charges include, without limitation, monthly recurring access charges, charges based on actual usage and all applicable taxes and regulatory fees. You agree that we may deduct from your account balance all federal, state and local taxes, fees, and other assessments that we are required by law to collect and remit to the government on the Service we provide you. Directory assistance, premium SMS, no answer/busy transfer, caller ID, caller ID block, and roaming not available with any plan. 3-way calling, call forwarding, call waiting, and voicemail features included; voice rates apply where applicable. When calling outside the U.S., additional charges will apply. Advertised international rates may not apply to calls made to foreign mobile phones or to off network/special locations and in some instances may be higher. International voice credit does not roll over upon monthly plan expiration; credit cannot be replenished if used prior to the expiration of your monthly plan. For pay as you go plans, international calls are charged at the applicable international rate plus airtime, except for select international destinations that are included at no extra charge (i.e. airtime charge only). Restrictions on certain countries may apply. All plans, rates and fees are subject to change without notice. For current charges and fees, call
or email Customer Service or visit www.AbleGrid.com
12. Calling and Messaging. Call times are measured in whole minutes and rounded up to the nearest minute. For international calling without the use of international voice credit, each monthly plan account can dial up to 10 unique international telephone numbers each month which resets upon the 1
st of each month, regardless of plan expiration; calls to countries other than the U.S. will be terminated at 60 minutes but may be re-initiated thereafter. All phone usage (including inbound/outbound calls, voicemail deposits/retrievals, inbound/outbound messaging, international calls, and directory assistance), incurs charges. We may impose limits on the number of voicemail, text, e-mail, or other messages that can be retained through your account. Indicators of messages on your Device, including mailbox icons, may not always provide an up-to-date indication of new messages and you may need to manually reset or clear your mailbox indicator. Legitimate messages may be inadvertently interrupted by software aimed at prevention of unsolicited messages.
13. Text Messaging. Text messages are typically limited to 160 characters per message, but such character limitation may vary depending on your device. The message, including text is charged when sent (per recipient) or received, regardless of whether they are read or unsolicited. Data usage applies for sending and receiving MMS. AbleGrid is not responsible for any of the data activity sent to or received on your Device, regardless of who initiates the activity. For messages delivered to your Device in multiple parts, you will be charged for each part of the message received. When a single message is delivered from your Device to multiple recipients, you will be charged for one message per each recipient. AbleGrid reserves the right to limit picture message size at any time. In order to protect our network and Services, AbleGrid may issue separate charges, limit the amount of data transfer, or otherwise limit or terminate Services. Memory limitations on your Device
may prevent some data or content from being stored. AbleGrid is not responsible for the failure to store data or content nor the deletion of such data or content.
14. Services Restrictions. AbleGrid’s Services may not be used to transmit content or messages that are illegal, fraudulent, abusive, or obscene; or that would adversely affect our customers, reputation, property, network, or Services. You are prohibited from using our Services for unsolicited commercial activity or unsolicited advertising. AbleGrid has the sole discretion to limit, suspend, modify, or terminate accounts without notice to anyone using our Services in any prohibited manner.
15. Data Service and Charges. Download speeds max of 8Mbps (LTE)/4Mbps (4G). A capable device is required for 4G LTE speeds. A compatible device and AbleGrid SIM Card are required for Ablegrid Corp service. AbleGrid data is up to 4G speeds for the selected plan allotment, if applicable; speeds then reduced to up to 2G for the remainder of the plan cycle. Actual speeds may vary depending on location and device capability.
16. Unlimited Plan Abuse. For any Service that includes unlimited features, “unlimited” does not mean unreasonable use. AbleGrid’s unlimited voice and data features are provided solely for dialogue between two individuals or between gps tracker and Ablegrid Server and for normal, non-commercial use. Other uses have a disproportionate impact on network resources and our ability to manage our network efficiently and are therefore considered unreasonable. Unreasonable voice use includes, but is not limited to, the following: monitoring services, transmission of broadcasts, telemarketing, call center services, autodialed calls, an abnormally high number of conference calling, calls, or messages, and/or calls of abnormally long duration. AbleGrid’s unlimited data or messaging features are provided solely for purposes of non-commercial messaging, Internet browsing, e-mail access, and the non-continuous streaming of data (e.g. downloading files). While most common uses are permitted by our data and messaging features, there are certain uses that cause extreme network capacity issues and are therefore prohibited. Our data and messaging services may not be used: (a) to generate excessive amounts of Internet traffic through the continuous, unattended streaming, downloading, or uploading of videos or other files, (b) to operate hosting services, (c) to maintain continuous active network connections to the Internet such as through a web camera or automated machine-to-machine connection or peer-to-peer (P2P) file sharing, (d) to disrupt e-mail use by others using automated or manual routines, including, but not limited to "auto-responders" or cancel bots or other similar routines, (e) to transmit or facilitate any unsolicited or unauthorized advertising, promotional materials, “spam,” unsolicited commercial or bulk e-mail or messaging, (f) for activities adversely affecting the ability of other people or systems to use either AbleGrid's wireless services or other parties' Internet-based resources, including, but not limited to, "denial of service" (DoS) attacks against another network host or individual user, (g) for an activity that tethers or connects any device to personal computers or other equipment for the purpose of transmitting wireless data over the network (unless customer is using a plan designated for such usage), (h) as a dedicated data connection, (i) for abnormally long data transmissions, or (j) for any other reason that, in our sole discretion, violates our policy of providing “unlimited” Services for non-commercial use. If you use wireless services in any manner that is prohibited, we (i) may interrupt, suspend, cancel, or terminate your wireless data services without advance notice; and (ii) take any action to protect our networks and/or our rights and interests.
17. Expiration; Prepaid Refills. Ablegrid Corp Monthly plans (“Monthly Plan”) are good for a period of 30 days at the applicable charge and expire at 11:59 p.m. C.S.T. on the 30
th day; when you first activate a Monthly Plan the day the Monthly Plan is activated counts as the first full day and counts towards the first 30 days, accordingly, during the first month of activation, your Month Plan may be less than a full 30 days depending on the time of Monthly Plan activation. Ablegrid Corp Pay as You Go plans and Ablegrid Corp plans expire in accordance with the expiration date provided with your purchased refill card. If you switch between plans or renew a plan before expiration, the features associated with your prior plan will no longer be available. If you recharge an Ablegrid Corp Pay As You go plan before expiration, remaining Airtime minutes and Airtime will stack. Stacking is not available for Ablegrid Corp Monthly plans or for Ablegrid Corp plans. Credits to your prepaid account will be valid for a limited time from purchase, in accordance with the terms of your plan and/or the expiration date provided in conjunction with your purchased refill card. If your account balance falls to zero while you are on a call, the call will be disconnected. If your account is inactive, you will not be able to utilize your wireless device for any purpose. Your account and phone number will be cancelled if the balance remains at $0 for 30 consecutive days or more. AbleGrid refills can only be used with AbleGrid Devices. Credits cannot be transferred from one account to another. If your account becomes inactive, we may de-activate your account and you may lose your phone number. If you wish to use Services after your account has been de-activated, call Customer Service for reactivation. There may be a charge to reactivate and we cannot ensure and do not guarantee that the same phone number will be available.
18. Privacy and CPNI. Except as provided in this Agreement, we will not intentionally share personal information about you without your permission. We will not publish directories of our customers’ phone numbers. During the course of providing Services to you, however, we may collect certain information that is made available to us solely by virtue of our relationship with you, such as your identifying information and information about the quantity, technical configuration, type, destination, and amount of your use of our Service, which together with related billing information is known as Customer Proprietary Network Information (“CPNI”). We may use and share your CPNI: (a) to initiate, render, bill, and collect for our Services to you; (b) to protect our rights and property, or to protect our users and other carriers from fraudulent, abusive, or unlawful use of the Services;, (c) to provide any inbound telemarketing, referral, or administrative services to you for the duration of the call, if you initiate the call and approve of the use of CPNI for that purpose; (d) to provide call location information in the case of emergency; (e) to provide or market service offerings among the categories of service (e.g., wireless voice service) to which you already subscribe; (f) to provide our wireless voice and information Services to you; (g) to provide Customer Service support to you for Services; or (h) to process your Lifeline application and/or renewal, if applicable. For other uses of CPNI, including the use of CPNI for marketing, you may “opt out” of disclosure of your CPNI to Ablegrid Corp affiliates and third-party agents by contacting Customer Service. Opting out will not affect our provision of Service to you or our use of CPNI for purposes enumerated above. We may also collect other personal information about you that you provide to us through your application for Service: this information is not CPNI, but is protected Proprietary Information (“PI”). We may use and share information about you and your PI: (a) so we can provide our goods or Services to you; (b) so others can provide goods or services to us, or to you on our behalf; (c) for purposes of determining compensation for our agents; (d) so we or our affiliates can communicate with you about goods or services related to the ones you already receive from us; (e) to protect our rights or interests, including but not limited to protecting you and other Ablegrid Corp users from fraud, abuse, or unlawful use of the Services; or (f) as required by law, legal process, or exigent circumstances. For training or quality assurance, we may also monitor or record our calls with you (e.g., your conversations with our Customer Service or sales departments). For more information about our privacy practices, see our Privacy Policy at
AbleGrid.com
19. Disclaimer of Warranties. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT ALLOWED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES OR WIRELESS DEVICE. SERVICE IS PROVIDED ON AN “AS IS” BASIS. WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. YOU AGREE TO HOLD US HARMLESS FOR ALL SUCH SERVICE ISSUES.
20. Limitation of Liability/Indemnification. NEITHER WE NOR OUR VENDORS, SUPPLIERS OR LICENSORS SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH: (A) ANY ACT OR OMISSION BY YOU, OR ANOTHER PERSON OR COMPANY, (B) PROVIDING OR FAILING TO PROVIDE SERVICES, INCLUDING DEFICIENCIES OR PROBLEMS WITH YOUR WIRELESS DEVICE, OUR NETWORK COVERAGE OR SERVICES (E.G., DROPPED, BLOCKED, INTERRUPTED CALLS/MESSAGES, ETC.), (C) ANY HEALTH-RELATED CLAIMS ALLEGEDLY ARISING FROM THE USE OF SERVICES, ANY WIRELESS DEVICES, OR RELATED ACCESSORIES, (D) CONTENT OR INFORMATION ACCESSED WHILE USING OUR SERVICES, SUCH AS THROUGH THE INTERNET; (E) INTERRUPTION OR FAILURE IN ACCESSING, OR ATTEMPTING TO ACCESS, EMERGENCY SERVICES FROM YOUR PHONE, INCLUDING THROUGH 911, E911 OR OTHERWISE, OR (F) EVENTS DUE TO FACTORS BEYOND OUR CONTROL, INCLUDING ACTS OF GOD, WAR, RIOT, STRIKE, OR ORDERS OF GOVERNMENTAL AUTHORITY. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, OR USE INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH A DEVICE. YOU ALSO AGREE TO INDEMNIFY US FOR ANY CLAIMS BY THIRD PARTIES AGAINST US ARISING OUT OF THE USE OF OUR PRODUCTS OR SERVICES. IF ANOTHER WIRELESS CARRIER IS INVOLVED IN ANY PROBLEM (E.G. “ROAMING”), YOU AGREE TO ANY LIMITATIONS OF LIABILITY IN ITS FAVOR THAT IT IMPOSES.
21. Mandatory Arbitration of Disputes. YOU AND AbleGrid AGREE TO SUBMIT ANY AND ALL DISPUTES TO BINDING ARBITRATION OR SMALL CLAIMS COURT. DISPUTES INCLUDE ANY CLAIM ARISING OUT OF THIS AGREEMENT WHETHER THE CLAIM AROSE BEFORE THIS AGREEMENT OR ANY PRIOR AGREEMENT WITH US, IS THE SUBJECT OF CURRENT CLASS ACTION LITIGATION TO WHICH YOU ARE NOT A CERTIFIED CLASS MEMBER, OR MAY ARISE AFTER TERMINATION OF THIS AGREEMENT. THIS AGREEMENT DOES NOT PRECLUDE YOU FROM BRINGING ISSUES TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL AGENCIES. ARBITRATION WILL BE GOVERNED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS WIRELESS INDUSTRY ARBITRATION RULES, WHICH ARE PART OF THIS AGREEMENT BY REFERENCE AND ARE AVAILABLE BY CALLING THE AAA AT 1-800-778-7879 OR BY VISITING
WWW.ADR.ORG. THE ARBITRATOR MAY AWARD ANY FORM OF INDIVIDUAL RELIEF AND MUST HONOR THE TERMS IN THIS AGREEMENT. ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS, BUT IF YOUR CLAIM IS FOR $10,000 OR LESS, YOU MAY CHOOSE WHETHER THE ARBITRATION PROCEEDS IN PERSON, BY TELEPHONE, OR BY DOCUMENTS SUBMITTED TO THE ARBITRATOR. YOU FURTHER AGREE THAT WE MAY ATTEND ANY ARBITRATION BY TELEPHONE, VIDEO CONFERENCE, AND/OR DOCUMENT SUBMISSION.
CLASS ARBITRATION AND CLASS ACTIONS ARE NOT PERMITTED. BOTH PARTIES ACKNOWLEDGE THAT BY AGREEING TO THIS SECTION, THEY WAIVE ANY RIGHT TO A JURY TRIAL OR PARTICIPATION AS A CLASS MEMBER IN CLASS ACTION LITIGATION/ARBITRATION. WE
WILL NOT SEEK REIMBURSEMENT FOR OUR ATTORNEY’S FEES IN ANY DISPUTE, AND IF THE ARBITRATOR DETERMINES YOUR CLAIM TO BE FRIVOLOUS, YOU AGREE TO PAY FOR THE ENTIRE ARBITRATION COST. IF THE ARBITRATOR OR SMALL CLAIMS COURT AWARDS YOU A DOLLAR AMOUNT, WE WILL DOUBLE THAT AMOUNT UP TO AN ADDITIONAL $1,000, AND WE WILL REIMBURSE YOU FOR REASONABLE ATTORNEY’S FEES AND ARBITRATION COSTS. THE FEDERAL ARBITRATION ACT GOVERNS THIS AGREEMENT TO ARBITRATE. IF THE PROHIBITION ON CLASS LITIGATION/ARBITRATION CANNOT BE ENFORCED, THEN THE CLASS ACTION DISPUTE WILL NOT BE SUBJECT TO THIS AGREEMENT TO ARBITRATE. A PARTY WHO INTENDS TO PURSUE ARBITRATION OR RELIEF IN SMALL CLAIMS COURT UNDER THIS AGREEMENT MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 60 DAYS IN ADVANCE OF INITIATING AN ARBITRATION OR SMALL CLAIMS MATTER. THE NOTICE MUST DESCRIBE THE NATURE OF THE DISPUTE AND RELIEF SOUGHT AND MUST BE MAILED TO: ATTN: DISPUTE RESOLUTION, 240 GODDARD,IRVINE,CA 92618, OR EMAILED TO C.MA@ABLEGRID.COM.
22. Changes to Your Service or this Agreement.
We may change any part of the Agreement at any time, without advance notice, including, but not limited to, these General Terms and Conditions, Authorized Use Policy, rates, rate plans, features, products, fees, expenses, coverage areas, roaming partners, international calling plan destinations, provisioning technology, and charges for your Service. Changes become effective when posted to AbleGrid.com and/or AbleGridbolt.com. If you continue to access or use our Services or increase your account balance on or after the effective date of a change, you accept that change. Do not access or use our Services after the effective date of a change if you decide to reject the change and cancel Service. You will not be entitled to any refund or credit for the unused portion of your account balance if you decide to cancel Service before your monthly service period ends. You understand that taxes, fees and other charges imposed by the government may increase or decrease at any time without notice and that such charges do not constitute a change to this Agreement or your Service.
23. Miscellaneous. A waiver of, or failure to enforce, any part of this Agreement in one instance is not a waiver of any other part or instance. Section headings are for descriptive, non-interpretive purposes only. You may not transfer or assign this Agreement or any of your rights or duties under it. We may assign all or part of this Agreement, or your debts to us, without notice
. Notices are considered delivered when we send them to any e-mail or fax number you have provided to us, 3 days after mailing to the most current billing address we have on file for you, or upon posting on our website. If any part of this Agreement, including any part of its arbitration provisions, is held invalid, that part may be severed from this Agreement and the Agreement shall otherwise be enforceable. This Agreement and the documents to which it refers form the entire agreement between you and AbleGrid on their subjects. If there is a conflict between this
Agreement and statements by any sales or service representatives, this Agreement controls. You have no other rights with respect to Service or this Agreement, except as specifically provided by law. This Agreement is not for the benefit of any third party except AbleGrid’s parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. Except to the extent that we have agreed otherwise, this Agreement and disputes covered by it are governed by federal law and the laws of the state of CALIFORNIA, without regard to choice of law principles or the conflicts of laws rules of that state.