This Agreement governs the sale and delivery of VoIP (Voice over Internet Protocol), Internet and wireless services ("Service" or "Services") to you by REAL Mobile and any of its parent and subsidiaries ( "us," "we," "our" or "REAL Mobile"). This Agreement is between you (the purchaser or user of the Services) and us. Certain other laws may also govern our provision of Services to you and such laws are incorporated in their entirety by this reference into this Agreement as if set forth in this Agreement. Please read these Terms and Conditions of Service carefully. These Terms and Conditions of Service are a legally binding agreement between you and REAL Mobile. They contain important information about your legal rights, and require that certain disputes be resolved through Arbitration instead of a court trial. REAL Mobile reserves the right to change or modify any of these Terms and Conditions of Service at any time and in its sole discretion. Any changes or modifications to these Terms and Conditions of Service will be binding upon you once posted on the REAL Mobile website found at www.myrealmobile.com.
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU ARE A NEW CUSTOMER, WHEN YOU INITIATE SERVICE BY ATTEMPTING TO PLACE A CALL ON REAL Mobile AND ITS CARRIER PARTNER SYSTEM OR TO USE ANY OTHER SERVICE, YOU AGREE TO THIS AGREEMENT AND ALL APPLICABLE LAWS. BY USING REAL Mobile AND ITS CARRIER PARTNER SYSTEM OR ANY OTHER SERVICE, YOU ARE INDICATING YOUR INTENT TO BE BOUND BY THE TERMS AND CONDITIONS OF SERVICE OF THIS AGREEMENT. IF YOU ARE A NEW CUSTOMER AND YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT INITIATE SERVICE. IF YOU ARE AN EXISTING CUSTOMER AND THE SERVICE IS PROVIDED TO YOU UNDER A PRIOR AGREEMENT AND YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST TERMINATE SERVICE AS SET FORTH IN THE PRIOR AGREEMENT; PROVIDED, HOWEVER, THAT IF YOU CHOOSE TO TERMINATE SERVICE YOU WILL STILL BE BOUND BY THE PRIOR AGREEMENT, INCLUDING YOUR OBLIGATION TO PAY ANY OUTSTANDING AMOUNTS.
By purchasing and/or activating a REAL Mobile phone or using any REAL Mobile service ("Service"), customer ("You") acknowledges and agrees to the following terms and conditions:
REGISTERING, ACTIVATING AND USING YOUR REAL MOBILE PHONE: Before you can use your REAL Mobile phone, you must register and activate it by visiting the REAL Mobile website at www.myrealmobile.com or by calling our Customer Care at 1-877-316-0493 from a phone other than your REAL Mobile phone or 611 from your REAL Mobile phone. You will use Activation PIN to create and access your account. You must accept the REAL Mobile phone number assigned to your REAL Mobile phone at the time of activation, unless you choose to transfer also known as wireless local number portability (WLNP) "port" your existing telephone number to a REAL Mobile phone. In order to port your telephone number to a REAL Mobile phone, that number must be capable of transferring. In certain instances, you may not be able to transfer port your existing phone number from another carrier to REAL Mobile. If you do not refill your REAL Mobile account within 30 days after the Service End Date, your REAL Mobile phone number will be lost. Your REAL Mobile phone can only be activated where REAL Mobile Services are available, offered and supported by REAL Mobile. The wireless telecommunications network used to transmit calls for the Service is owned and operated by a licensed commercial mobile radio service provider ("Carrier"), not REAL Mobile. Your REAL Mobile phone can only be used through REAL Mobile, and cannot be activated with any other wireless or cellular service. Your REAL Mobile phone will only operate with the REAL Mobile Service Plan or REAL Mobile refill card. REAL Mobile Service Plan and refill cards are subject to change without notice. Additional charges for data download or content may apply. REAL Mobile Services are provided at REAL Mobile's discretion. If you decide to change your REAL Mobile phone number or your Service plan prior to your Service End Date, or upon notification that your phone is lost or stolen, your account will be deactivated and any unused Service balance(s) will be lost and will not be transferred. Some functions and features referenced in the manufacturer's manual provided with your REAL Mobile phone may not be available on your REAL Mobile phone. REAL Mobile may modify or cancel any Service or take corrective action at any time without prior notice and for any reason, including but not limited to your violation of this agreement. REAL Mobile may change these Terms and Conditions of Service from time to time, so check the REAL Mobile website at www.myrealmobile.com for the current version.
REFILL YOUR REAL MOBILE ACCOUNT: Your REAL Mobile phone will only operate when your Service is active and you have a positive Service balance in your account Services include minutes, text and/or multimedia messages, megabytes of data usage, and Service days. Minutes, text and/or multimedia messages, megabytes of data usage, and Service days do not have any cash value and do not accumulate. With each refill you will extend your account expire date and will reset with the refill amount of the new Service balance. REAL Mobile Services are non-refundable. No refunds or discounts will be given for (i) unused Service balances when you refill your account, and your Services balance is reset with your account refill; (ii) unused Service balances that expire by your Service End Date; (iii) unused Service balances on your REAL Mobile phone if it is lost or stolen; or (iv) Services purchased that are not compatible or supported by your REAL Mobile phone. Any unused Services you may have in your account at the time you refill your account or at your Service End date will not "carry forward" or accumulate from one Service period to the next. Customers whose REAL Mobile phones are not data-enabled will not receive a discount for the data services or for unlimited data. You must add/refill your REAL Mobile refill card to your REAL Mobile account within one year from the date of purchase; otherwise the Card/PIN expires and you will not be able to use the Services. REAL Mobile refill cards, Service Plans, and card denominations are subject to change without prior notice.
There are several ways to refill your REAL Mobile Account:
1. REAL Mobile refill: REAL Mobile refill PINs are available at retailer locations and online at www.myrealmobile.com or by calling Customer Care at 1-888-520-6273. Each REAL Mobile refill card comes with a certain amount of Services (unlimited or defined amounts of minutes, text and data and/or multimedia messages, megabytes of data usage, and Service days) as disclosed on each refill card at the time of purchase. Service begins on the day you add/refill the Services to your REAL Mobile account and not necessarily on the day that the refill card was purchased.
2. REAL Mobile Auto-Refill: You may enroll by registering your credit or accepted debit card at www.myrealmobile.com or Customer Care at 1-888-520-6273 you will receive a recurring charge to your credit/accepted debit card every 30 days which will automatically refill your account with Services.
Information on how you can establish and maintain an account balance will be provided at activation, and is available at www.myrealmobile.com or through Customer Care. The replenishment methods available to you will depend on the terms of your Services. A fee may apply to certain replenishment methods. Some service plans may provide for automatic account balance replenishment through, for example, automatic billing to a credit card or debit card, or automatic debit from an eligible account with a financial institution. Payment through these methods may be subject to limitations, including, but not limited to, the number of times an account may be debited or charged in a particular time period, the amount that may be debited or charged from an account or other limitations imposed by us or the financial institution that holds the account.
SERVICE END DATE: Your "Service End Date" is the last day of your Service period. When you add Services, your Service End Date will be extended by the number of Service Days purchased.
Refilling Your Account before Service End Date: If you want to refill your Services balance prior to your Service End Date, you can do so by purchasing Services online at www.myrealmobile.com by buying a refill card at a retailer location and using the refill card PIN to refill your account at www.myrealmobile.com. You may also enroll in a recurring charge ("Auto-Refill") to your credit or accepted debit card by registering a credit card at www.myrealmobile.com, and your account will be refilled automatically every 30 days. When you refill your account or it is automatically refilled by a recurring charge, you will lose any unused Service balances (including any remaining minutes, text and/or multimedia messages, megabytes of data usage, and Service days) and your account will be reset with the refill amount of the new Service balance.
Refilling Your Account after Service End Date: If you do not buy and add Services prior to the Service End Date, your REAL Mobile Service will be deactivated on the Service End Date and you will lose all unused Services (including minutes, text and/or multimedia messages, megabytes of data usage and Service days). If your REAL Mobile phone is deactivated for failure to add Services before the Service End Date, there is no refund for any unused minutes, text and/or multimedia messages, megabytes of data usage, and Service days that may have remained in the account prior to the Service End Date.
REAL MOBILE SERVICE PLANS: REAL Mobile Service includes at several service options: Business Office PBX phone system, Fixed Wireless Internet, SMS and bulk SMS, eFAX, Nationwide Wireless, International calling and roaming.
We typically assess the following types of charges: (1) "Pay-per-use charges" - a plan with a fixed amount of minutes, messages and web charges assessed each time a Service is used; (2) "Subscription charges" - charges that allow you access to a Service or provide you a certain amount of use of a Service for a defined period of time such as Unlimited usage. Subscription charges for Services offered on a per-day basis end at 11:59 pm (in the time zone in which your phone number is based) on the day the feature is initiated. Also, depending on your Service, certain types of subscription charges may be assessed automatically upon activation and automatically assessed for subsequent subscription periods; and (3) "Download charges" - charges assessed when you download or access content, which we collect on behalf of third-party content providers.
Unlimited Talk, Texts and Web plan: With this Unlimited plan you receive unlimited nationwide calling, text messaging and web browsing for the number of days described in this plan. Please note: this Service does not provide "per minute" accounting for nationwide calls or text messages. REAL Mobile may discontinue providing Service to you, discontinue your account, or discontinue providing connections to particular telephone numbers or types of Services used or called by you, that, in the sole judgment of REAL Mobile, appear likely to generate abnormally high call volumes/data usage or abnormally long average call lengths/data usage in comparison to those of other REAL Mobile customers, or may be harmful, disruptive, or interfere with the Carrier's network or services to other customers. (For detailed description of such activities, see "REAL Mobile Features: Intended Use" under Mobile Web/Data Services Section below.)
By initiating Service and placing calls on the Carrier's network, you acknowledge and agree to REAL Mobile's ability to terminate your Service under these circumstances.
Defined Pay-per-use charges
Under such plan(s), a (specified) amount of minutes, texts, web browsing, megabytes of data usage, and Service days are provided for a fixed amount.
Services are deducted from your active REAL Mobile account in the following manner:
REAL MOBILE BUSINESS PBX: REAL Mobile Business PBX plans may ONLY be used with a REAL Mobile deskset or approved APP for Person to Person Voice Calls and in a normal and customary business use. The plans MAY NOT be used for any other purpose. ROBO calls, Call Center usage and automated calling to mass audience is not allowed with these plans. Contact REAL Mobile if you plan this type of usage. Abuse of service could result in Service deactivation. Examples of prohibited uses include, without limitation, the following: (i) continuous PBX to mobile or PBX to landline voice calls; (ii) server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file sharing; or (iii) as a substitute or backup for private lines or dedicated data connections. A person engaged in prohibited uses may have his/her service terminated without a refund.
The REAL Mobile plans is for individual business customer use only and not for resale. Specifically, REAL Mobile unlimited services are provided solely for live dialogue between, and initiated by, two individuals for business or personal use and as otherwise described in this policy. Unlimited voice services may not be used for any other purposes, including, but not limited to, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing, autodialed calls, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between two individuals. REAL Mobile reserves the right to protect the Carrier's network from harm, which may impact legitimate voice and data services. REAL Mobile reserves the right to limit throughput or amount of data transferred, and to deny or terminate Service, without notice, to anyone REAL Mobile believes is using the REAL Mobile Unlimited talk, text and web plan in any manner prohibited above or whose usage, in REAL Mobile's sole opinion, adversely impacts the Carrier's network or service levels. We will presume you are engaging in a prohibited use, in violation of these terms and conditions, if you are placing an abnormally high numbers of calls, or repeatedly placing calls of unusually long duration (as compared to other customers on the same service plans), or if your talk, text or data usage is harmful or disruptive to the Carrier's network or services. If we determine, at our sole discretion, that you are using an unlimited service in violation of the REAL Mobile Terms and Conditions of Service, or in any other manner that we deem to be unreasonable or excessive, then we may terminate individual calls or data connections or, after providing notice to you, terminate your service, decline to renew your services, or offer you a different service plan with no unlimited usage components.
MINUTES: All calls are charged at a rate of one (1) minute per minute of use. Minutes are deducted in full unit increments and partial minutes are rounded up to the next minute. No credit is given for dropped calls. Call waiting and 3-way calling will deduct minutes for two calls at the same time.
Minutes will be deducted for all time during which your REAL Mobile phone is connected to, or using, the wireless system of any Carrier. Use of a wireless system typically begins when you press the "send", "call" or other button to initiate or answer a call and does not end until you press the "end" button or the call is otherwise terminated. Minutes are deducted for all incoming and outgoing calls, including calls to toll free numbers, 411, 611, Customer Care, and to access your voice mail. Minutes are not deducted for calls to 911. For outbound calls, minutes will be deducted for incomplete and/or busy-no answer calls. There is no additional deduction for nationwide long distance. Additional purchase refill card are required for international calls on your REAL Mobile online at www.myrealmobile.com for rates and terms. REAL Mobile may deduct amount you owed from future refill cards at anytime.
TEXT OR MULTIMEDIA MESSAGING: Text or multimedia messages are deducted from your balance on per message basis. Multimedia messages deduct from your REAL Mobile account balance simultaneously, based upon the type and size of the message being sent or received. In the event of a deactivation, your balance previous to deactivation will be cleared from the account. Please note that REAL Mobile does not participate in Premium SMS services or campaigns. (Premium SMS refers to activities that usually involve sending a text message to a designated "short code" or buying or attempting to buy SMS services from anyone other than REAL Mobile). Premium SMS campaigns include activities such as casting a vote, expressing your opinion, playing a game, subscribing to a service, or interactive television programs. You should not attempt to participate in Premium SMS campaigns, unless it is a REAL Mobile authorized campaign. Any charges you may incur as a result of an attempt to participate in Premium PSMS services or campaigns (not authorized by REAL Mobile) are not refundable.
REAL MOBILE WEB SERVICES (please visit www.myrealmobile.com for availability, Web Services and Added Value Services may require purchase of additional refill cards to use): With certain REAL Mobile phone models, you can download ringtones, graphics, access information services such as news, weather and sports ("Value Added Services") and utilize multimedia services "MMS", when available, (ringtones, graphics, Value Added Services and MMS are collectively referred to as "Data Services") through REAL Mobile Web Services.
Web Services: Each time you access the REAL Mobile Web Services with your REAL Mobile phone's browser, REAL Mobile account will be debited for that usage ("Usage Charges"). Usage Charges are deducted in full kilobyte increments. Usage Charges begin when your REAL Mobile phone makes a data connection. This should occur after you open your browser, send or receive a multimedia message (e.g., a picture), initiate a content download, or if mobile Web Services access is initiated for any other purpose. Usage Charges end when the data connection terminates. This should occur shortly after you close your browser, successfully receive or send a multimedia message (e.g., a picture), after a successful content download or when you exit a mobile web Services session. The mobile Web Services access duration and the related Usage Charges are NOT determined from the exact moment you press a button on your REAL Mobile phone to open or close the browser.
There is always an Usage Charges associated with downloading content or accessing or viewing Value Added Services. Total Usage Charges will depend on the size of the content and the actual time it takes to download the content, access or view the Value Added Services. The Data Services you buy and download may only be used or viewed on the REAL Mobile phone for which they were purchased and cannot be transferred to any other device, including a new or replacement REAL Mobile phone. Data Services are non-refundable and non-transferable.
Modifications, Interruptions, or Discontinuation of Web Service: REAL Mobile does not guarantee the availability of mobile Web Services in your home area at any time and reserves the right to modify, suspend, interrupt, discontinue or permanently cancel Data Services or mobile Web Services, or portions thereof, without notice. REAL Mobile is not responsible and will not be liable for any modifications, interruptions or discontinuation of the mobile Web Services or for any failure in receipt of the purchased Data Services. If the Data Services, or any part thereof, are modified, interrupted, discontinued or cancelled, REAL Mobile will NOT refund/reimburse you for any remaining used or unused Services. If you cancel, or attempt to cancel a Data Service download, a subscription purchase or a multimedia message in progress, or if this process is otherwise interrupted through no action on your part, you may nevertheless be deducted in accordance with the terms and conditions set forth herein. If the REAL Mobile Web Services are unavailable, and you have opened your browser, you will be deducted Kilobyte usage, even though you will not be able to view the mobile Web Services.
Non-Rated Content: REAL Mobile strives to present and offer only generally acceptable content. However, it is impossible to proof all content, titles and news articles for appropriate content. REAL Mobile Data Services content is NOT rated and you are solely responsible for the use of such material, which may be offensive or objectionable to you or to others. You agree not to hold REAL Mobile liable for any offensive or objectionable content.
The Data Plans or Features are for individual use only and you may not offer them for resale. We further reserve the right to take measures to protect the Carrier's networks and other users from harm, compromised capacity or degradation in performance. These measures may impact your Service, and we reserve the right to deny, modify or terminate Service, with or without notice, to anyone we believe is using mobile Web Services and/or Data Services in a manner that adversely impacts the Carrier's network. We may monitor the compliance of subscribers, with these terms and conditions, but we will not monitor the content of your communications except as otherwise expressly permitted or required by law.
REAL MOBILE UNLIMITED TALK , TEXT and WEB PLAN FEATURES INTENDED USE: REAL Mobile Unlimited talk, text and web plans may ONLY be used with a REAL Mobile handset for the following purposes: (i) Person to Person Voice Calls (ii) Text and picture messaging (iii) Internet browsing and (iv) Authorized and customary Content Downloads. The REAL Mobile Unlimited talk, text and web plans MAY NOT be used for any other purpose. REAL Mobile Unlimited Talk, Text and Web Service does allows international text messages. Abuse of service could result in Service deactivation. Examples of prohibited uses include, without limitation, the following: (i) continuous mobile to mobile or mobile to landline voice calls; (ii) automated text or picture messaging to another mobile device or e-mail address(s); (iii) uploading, downloading or streaming of audio or video programming or games; (iv) server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file sharing; or (v) as a substitute or backup for private lines or dedicated data connections. This means, by way of example only, that checking email, surfing the Internet, downloading legally acquired songs, and/or visiting corporate intranets is permitted, but downloading movies using P2P file sharing services and/or redirecting television signals for viewing on laptops is prohibited. A person engaged in prohibited uses may have his/her service terminated without a refund.
The REAL Mobile unlimited talk, text and web plan is for individual use only and not for resale. Specifically, REAL Mobile unlimited services are provided solely for live dialogue between, and initiated by, two individuals for personal use and as otherwise described in this policy. Unlimited voice services may not be used for any other purposes, including, but not limited to, conference calling, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing, autodialed calls, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between two individuals. REAL Mobile reserves the right to protect the Carrier's network from harm, which may impact legitimate voice and data services. REAL Mobile reserves the right to limit throughput or amount of data transferred, and to deny or terminate Service, without notice, to anyone REAL Mobile believes is using the REAL Mobile Unlimited talk, text and web plan in any manner prohibited above or whose usage, in REAL Mobile's sole opinion, adversely impacts the Carrier's network or service levels. We will presume you are engaging in a prohibited use, in violation of these terms and conditions, if you are placing an abnormally high numbers of calls, or repeatedly placing calls of unusually long duration (as compared to other customers on the same service plans), or if your talk, text or data usage is harmful or disruptive to the Carrier's network or services. If we determine, at our sole discretion, that you are using an unlimited service in violation of the REAL Mobile Terms and Conditions of Service, or in any other manner that we deem to be unreasonable or excessive, then we may terminate individual calls or data connections or, after providing notice to you, terminate your service, decline to renew your services, or offer you a different service plan with no unlimited usage components.
REAL Mobile Unlimited talk, text and web plan Features cannot be used: (1) for access to the Internet, intranets, or other data networks except as the device's native applications and capabilities permit, or (2) for any applications that tether your device to laptops or personal computers other than for the use of Wireless Synch.
You are responsible for all activities undertaken by you using the REAL Mobile Web Services, including without limitation, the use of email. You shall not use, nor permit others to use, the REAL Mobile Web Services in a manner or for a purpose contrary to this Agreement.
EMERGENCY CALLS: If you are in an area where your REAL Mobile phone is searching for a wireless signal or there is no wireless signal or wireless service, it is highly probable that a call to 911 will not go through. Do not rely solely on your REAL Mobile in an emergency situation. In an emergency, locate the nearest landline phone and call for help.
UNAUTHORIZED USAGE: The REAL Mobile phone is sold exclusively for use with the REAL Mobile Service. You agree not to tamper with or alter your REAL Mobile phone or its software, enter unauthorized refill card PIN, engage in any other unauthorized or illegal use of your REAL Mobile phone or the Service, or assist others in such acts, or export REAL Mobile phones outside of the United States. Improper, illegal or unauthorized use of your REAL Mobile phone may result in immediate discontinuance of Service. These acts violate REAL Mobile's rights and could violate state and federal laws. REAL Mobile will prosecute violators to the full extent of the law. REAL Mobile reserves the right to cancel any Service without notice. Your REAL Mobile service is restricted such that you will not be able to make or receive calls on your REAL Mobile device when you are located anywhere outside of the United States, offshore or in international waters and in Puerto Rico or the U.S. Virgin Islands. Any such calls are considered unauthorized usage by REAL Mobile for which your Service will be immediately suspended. In the event of suspension for this or any other unauthorized usage, your minutes, text, megabytes of data and Service days balance previous to deactivation will be forfeited from the account and you will not be entitled to receive any refunds for your phone or unused Service.
SERVICE AREA MAPS: You will find Service Area Maps on our website, at www.myrealmobile.com. These maps are for general informational purposes only. However, REAL Mobile does not guarantee coverage or Service availability. Even within a coverage area, factors such as terrain, weather, structures, foliage, signal strength, traffic volumes, Service outages, network changes, technical limitations, and your equipment may interfere with actual Service, quality and availability.
ROAMING: "Roaming" occurs when a subscriber of one wireless service provider uses the facilities of another wireless service provider. Roaming most often occurs when you make and receive calls outside the home calling area. Your REAL Mobile phone will not roam. An indicator light on your phone may display the word "Roam," "RM" or NO SERVICE on the screen while the phone is not in its home calling area.
International Roaming is available. REAL Mobile does offer international roaming and international long distance service. You will be able to make or receive calls on your REAL Mobile phone if you are traveling outside of the United States with access to an Internet connection. Contact REAL Mobile to set this up before you travel.
LIMITATIONS OF SERVICE AND USE OF EQUIPMENT. Service is subject to transmission limitations caused by certain equipment and compatibility issues, atmospheric, topographical and other conditions. Further, Service may be temporarily refused, limited, interrupted or curtailed due to system capacity limitations, technology migration or limitations imposed by the Carrier, or because of equipment modifications, upgrades, repairs or relocations or other similar activities necessary or proper for the operation or improvement of the Carrier's radio telephone system. At any time, REAL Mobile or it equipment manufacture reserves the right to substitute and/or replace any REAL Mobile equipment (including phones) with other REAL Mobile equipment including phones of comparable quality. Some functions and features referenced in the User Guide provided with your REAL Mobile phone may not be available on your REAL Mobile phone. REAL Mobile does not warrant or guarantee availability of network or of any Services at any specific time or geographic location or that the Services will be provided without interruption. Neither REAL Mobile, nor any Carrier, shall have any liability for Service failures, outages or limitations of Service. Because of the risk of being struck by lightning, you should not use your REAL Mobile outside during a lightning storm. You should also unplug the REAL Mobile power cord and charger to avoid electrical shock and/or fire during a lightning storm.