SquareComm Inc. Wireless Communications Service Terms and Conditions

Effective July 2024.

These Terms and Conditions (“T&Cs”) are a legally binding agreement between you and SquareComm Inc. Wireless Communications , a Washington-based company, including its affiliates, assignees, and agents (“SquareComm Inc. Wireless Communications “). Please read these T&Cs carefully. They cover important information about the SquareComm Inc. Wireless Communications services provided to you (the “Service”); your phone, handset, device, SIM card, data card, or other equipment or third-party device which may be used with our Service (the “Devices”); and the fees, taxes, and other charges you pay us (“Charges”). These T&Cs include, among other provisions, fees for late payments, limitations of liability, agreements regarding privacy, and resolution of disputes by arbitration instead of in court.

SquareComm Inc. Wireless Communications reserves the right to change or modify any of these T&Cs at any time and in its sole discretion. SquareComm Communications will provide 14 days’ notice of any material changes by posting the revised T&Cs on our website and will also attempt to provide direct notice to you by email or text. SquareComm Inc. affiliate members are subject to additional terms as provided on the SquareComm Inc. affiliate pages. These T&Cs do not alter the terms of the Affiliate Member Agreement or any other agreement the user may have with SquareComm Inc.

You and any authorized users on your account will have access to account information and may be able to make changes to the account. If you give your personal account validation information to someone, they can access and make changes to your account. Those changes will be binding on you. Authorized changes may require your agreement to new or revised T&Cs. You must provide accurate and truthful information when setting up an account, maintain security of the account and password, and you agree to notify SquareComm Communications of any security breaches associated with your account. You agree to take responsibility for all activities that occur under this account.

1. Acceptance

Your Agreement with SquareComm Inc. starts when you accept. You represent that you are at least 18 years old, and you are legally authorized to enter into this Agreement. You accept your Agreement by doing any of the following: (a) giving us a written or electronic signature, clicking the acceptance box during the online enrollment process, or telling us orally that you accept; (b) activating Service; (c) using your Service after you make a change or addition; (d) paying for the Service; (e) opening the box or package of a Device or SIM card purchased from SquareComm Inc. or any of its 3rd party partners or vendors (“SquareComm Inc. Wireless Communications Device”); (f) failing to activate Service within 30 days after the initial purchase (a purchase of a SquareComm Inc. Wireless Communications Device, unless returned within the Cancellation Period (as defined in Section 5)).

IF YOU DO NOT WANT TO ACCEPT, THEN DO NOT DO ANY OF THESE THINGS AND IMMEDIATELY DISCONTINUE USE OF THE SERVICE.

2. SquareComm Communications Service

SquareComm Inc. Wireless Communications is an Authorized UVNV Reseller. The Service includes wireless mobile phone service in the United States (including Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands). This means the following: (a) Voice service includes unlimited incoming calls and unlimited outgoing calls to any domestic U.S. phone number from inside the United States; (b) Unlimited incoming text messages and unlimited outgoing texts to any domestic and select international mobile numbers (included international countries are listed below) from inside the United States, and picture and video messages within the United States; (c) No additional charges regardless of the amount of data used within the United States. The Service may be offered at differing prices under different Service Plans, depending on the data speed you desire and other factors. The rate of speeds will reduce when the amount of data used exceeds the amount allotted under your Service Plan, with speeds reducing to a 2G data experience in these situations. Additionally, when roaming domestically, speeds are usually limited to up to 2G speeds (approximately 128 Kbps). Data usage is reset monthly on varied dates, which may not necessarily match the monthly billing date for that line. To know when this date is for your line, contact SquareComm by email, phone, or chat.

3. Service Availability

Coverage maps only approximate our anticipated wireless coverage area outdoors; actual Service area, coverage, and quality may vary and change without notice depending on various factors, including network capacity, terrain, and weather. Outages and interruptions in Service may occur, and the speed of Service varies. You agree that we are not liable for problems relating to Service availability or quality.

4. Monthly Fees and Payment

SquareComm Inc. Wireless Communications provides the Service for a flat fee on a monthly, pay-in-advance basis under various Service Plans. Service begins when you make the monthly payment for the first month of Service, which includes the SquareComm Inc. Wireless Communications Service Fee and the taxes and other assessments described in Section 6 and on our website at SquareComm.us. Subsequent monthly payments are due by your monthly payment date, which occurs on each monthly anniversary of the date on which the first monthly payment is made. If you fail to make your monthly payment when it is due, your Service will be suspended until the payment is received. If you fail to make your monthly payment within 30 days after it is due, your Service will be terminated, and your phone number will be lost. Fees are not refunded or prorated if Service is terminated before your next payment date. If your Service is terminated, your account will be canceled, and you will lose your SquareComm Inc. Wireless Communications mobile phone number. You will be required to re-enroll as a new customer to resume Service. If your Service is suspended for non-payment, your monthly payment date will not change (for example, if your original billing cycle started on the 1st and you reactivate Service on the 15th day of the month, your billing cycle will remain on the 1st). In the event that your Account is terminated, you will be required to sign up as a new customer, and we may not be able to offer you your existing number. You may change your payment method or other payment options by clicking “Edit Billing Preferences” when you log in to your SquareComm.us portal. Usage details for each line are available upon request.

5. Cancellation and Returns

Cancellation of Service: You can cancel a new line of Service WITHIN SEVEN DAYS of activation, or 30 days in California (the “Cancellation Period”). A partial, prorated refund will only be issued upon request for lines canceled within the Cancellation Period.

Device Refunds and Restocking Fees: To return any SquareComm Inc. Wireless Communications Device you acquired at the time of enrollment (excluding SIM cards, which do not qualify for a refund), you must return the device in its package with all original contents, undamaged and in good working condition with no material alterations to the device’s hardware or software. If you return your device in a damaged, altered, or destroyed condition, we may decline to accept the return of the device or charge you the cost of repairing the device, plus any shipping and handling charges.

6. Taxes, Fees, and Surcharges

You agree to pay all taxes, fees, and surcharges (the “Fees”) imposed by governments or governmental entities on you or us as a result of our providing the Service to you. We may not give advance notice of changes in Fees. To determine Fees, we will use the street address you identified as your Place of Primary Use (“PPU”). If you did not identify the correct PPU or if you provided an address (such as a PO box) that is not a recognized street address, you may be assigned a default location for tax purposes. Any dispute of the jurisdiction assigned must be submitted within 60 days of the billing in which the Fees were assessed.

Fees include: (a) Government Taxes & Fees: These Fees are typically imposed by jurisdictions directly on you, the user of the telecommunication services. Such Fees include, but are not limited to, sales tax; (b) Other Surcharges: These surcharges include, but are not limited to, taxes that SquareComm Communications incurs to provide the Service but are not government taxes or fees imposed directly on our customers that we must collect by law. Examples include, but are not limited to, federal or state Universal Service fees, regulatory fees, excise taxes, and gross receipts taxes. These surcharges will apply whether or not you directly benefit from the programs, activities, or services included in the surcharge. The components and amounts of the Fees are subject to change without notice.

7. Unpaid Charges

If we do not receive payment in full for a SquareComm Inc. Wireless Communications Device or SIM, for the Service, or for any other amount owed to us by you (for example, in the case of a credit card chargeback in which a charge is disputed after you have received a SquareComm Communications Device from us), you may be charged a late fee of the greater of 1.5% per month (18% annually) or $5 per month, subject to the maximum allowed by law. We may use all lawful means to collect the amount owed and seek the return of any Device or service for which payment has not been received. If you fail to pay fees or any other amounts owed to SquareComm Inc. Wireless Communications under this agreement and SquareComm Inc. Wireless Communications refers your account(s) to a third party for collection, then SquareComm Inc. Wireless Communications will also charge you a collection fee at the maximum percentage permitted by applicable law, but not to exceed 18%, to cover SquareComm Inc. Wireless Communications’ collection-related costs. If we accept late or partial payments, we do not waive our right to collect all amounts that you owe, including late fees. If any payment is dishonored or returned for any reason, we may charge you the maximum amount allowed under applicable law.

8. Your Right to Dispute Charges

Unless otherwise provided by law, you agree to notify us of any dispute regarding amounts owed to us within 60 days after the date you first incur the disputed amount. If you do not notify us of your dispute in writing within this time period, you may not pursue a claim in arbitration or in court. If you accept a credit, refund, or other compensation or benefit to resolve a disputed amount, you agree that the issue is fully and finally resolved. For unresolved disputes, see Section 26. To contact or notify us, see Section 15.

Credit Card Chargebacks: If we have charged your registered payment method for a charge that we deem is authorized and valid under these Terms, and your credit card company or other payment provider subsequently withholds or revokes such payment to us because the charge has been disputed by you (a “Chargeback”), we reserve the right to suspend your access to the affected Services until the Chargeback is reversed or, in the case of a billing dispute, the billing dispute is resolved as set forth in these Terms.

9. Our Rights to Make Changes

  • SquareComm can change any terms of the agreement at any time without notice.

10. International Long-Distance Calls

  • SquareComm attempts to block international calls but cannot block certain territories.
  • Users are fully responsible for charges incurred, plus 5% taxes and fees.
  • SquareComm reserves the right to pursue these charges and bill the credit card on file.

11. Your Phone Number, Your Device, and Compatibility with Other Networks

  • Users do not own their phone number, except for any legal right to port or transfer it.
  • The network is owned by other licensed entities, not SquareComm.
  • Devices not purchased through SquareComm must be compatible with their network.
  • To port out a number, the account must be active and not suspended.

12. Roaming

  • Devices may connect to another provider’s network even within the SquareComm coverage area.
  • Excessive off-net usage may result in service termination.
  • Off-net data usage is limited to 50MB.
  • International roaming information may not always be available, but charges still apply.

13. Important Emergency and 9-1-1 Information

  • Users must provide a location and phone number when making a 9-1-1 call.
  • SquareComm is not responsible for failures to connect 9-1-1 calls or inaccurate location information.
  • 9-1-1 service may not be reliable or available.
  • Porting numbers may affect access to 9-1-1 services.
  • The cloud phone service does not provide access to 9-1-1 or emergency services, and users waive claims related to this.

14. Data Usage and Other Features

  • The network is managed to ensure proper functioning and good user experience.
  • High-speed services may be reduced during congestion.
  • Third-party content and applications are not SquareComm’s responsibility.
  • Charges for premium services will be billed with an additional 5% taxes and fees.
  • SquareComm may remotely update or disable content and applications.

15. Notices and Customer Communications

  • Users consent to be contacted by SquareComm in various ways (phone, email, text).
  • Notices from SquareComm are considered delivered when sent to the user’s device, email, fax, or billing address.
  • Users can contact SquareComm Support via email, phone, or mail.
  • Legal proceedings must begin by contacting the registered agents, Mayo and Russ.

16. Lost or Stolen Devices

  • Users must notify SquareComm if a device is lost or stolen.
  • Service will be suspended upon notification, but users remain responsible for monthly payments.
  • If users request no suspension, they remain responsible for all services used.
  • If a device is reported lost or stolen, SquareComm may take steps to prevent the device from being registered on any network, ensuring it cannot be used.

17. Misuse of Service or Device – Your Representation

  • By activating or renewing Service with SquareComm Inc. Wireless Communications, you agree that you do so because you want Service from SquareComm Inc. Wireless Communications and not for any other purposes. You agree not to misuse the Service or Device, including but not limited to:
  • Reselling or rebilling our Service.
  • Using the Service or Device to engage in unlawful activity, or in conduct that adversely affects our customers, employees, business, or any other person, or that interferes with our operations, network, reputation, or ability to provide quality service, including but not limited to the generation or dissemination of viruses, malware or “denial of service” attacks.
  • Using the Service as a substitute or backup for private lines or dedicated data connections.
  • Tampering with or modifying your SquareComm Inc. Wireless Communications Device.
  • “Spamming” or engaging in other abusive or unsolicited communications, or any other mass, automated voice or data communication for commercial or marketing purposes.
  • Reselling SquareComm Inc. Wireless Communications Devices for profit, except as expressly authorized under, and in the context of, a duly executed Agreement between you and SquareComm Inc. Wireless Communications, or tampering with, reprogramming or altering SquareComm Inc. Wireless Communications Devices for the purpose of reselling the Service.
  • Using the Service in connection with server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file-sharing applications that are broadcast to multiple servers or recipients, “bots” or similar routines that could disrupt net user groups or email use by others or other applications that denigrate network capacity or functionality.
  • Any activity that SquareComm Inc. Wireless Communications or UVNV, Inc. in their discretion deem may harm the Network in any way.
  • Accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, SquareComm Inc. Wireless Communications’ or another entity’s network or systems.
  • Running software or other devices that maintain continuously active Internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions (e.g., using the Service for Web broadcasting, operating servers, telemetry devices and/or supervisory control and data acquisition devices).
  • Using your Device as a “hotspot,” or modem, or tethering your Device to a personal computer or other hardware outside of the included UVNV, Inc. hotspot application on supported devices.
  • Assisting or facilitating anyone else in any of the above activities.

18. SquareComm Inc. Wireless Communications Network Agreement

You have no contractual relationship with UVNV, Inc. and you are not a third-party beneficiary of any agreement between SquareComm Inc. Wireless Communications and UVNV, Inc. You understand and agree that UVNV, Inc. or SquareComm Inc. Wireless Communications will have no legal, equitable or other liability of any kind to you.

Subject to FCC Number portability rules, you have no property or other rights in any Number assigned to you and you understand that any such Number can be changed from time to time.

You acknowledge that the Service may be temporarily refused, interrupted, curtailed or limited because of atmospheric, terrain, or other natural or artificial conditions and may be temporarily interrupted or curtailed due to usage concentrations, modifications, upgrades, relocation, and repairs of the transmission Network. You agree that UVNV, Inc. or SquareComm Inc. Wireless Communications will not be responsible for such interruptions of the Service or the inability to use the Service within or outside the Authorized Areas. You understand that such wireless service carrier cannot guarantee the security of wireless transmissions and will not be liable for any lack of security relating to the use of the Service.

You expressly understand and agree that the liability and obligations of SquareComm Inc. Wireless Communications to you under the T&Cs may be strictly controlled and limited by UVNV, Inc.’s tariff, if any, and the laws, rules, and regulations of the Federal Communications Commission and other United States or foreign governmental authorities which from time to time have jurisdiction. In any event, regardless of the form of action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, your exclusive remedy and the total liability of UVNV, Inc., SquareComm Inc. Wireless Communications, and/or any supplier of services to SquareComm Inc. Wireless Communications arising in any way in connection with the T&Cs, for any cause whatsoever, including but not limited to any failure or disruption of service provided, will be limited to payment by SquareComm Inc. Wireless Communications of damages in an amount equal to the amount charged to you for the Service provided under this agreement. In no event will SquareComm Inc. Wireless Communications and/or UVNV, Inc. be liable for any cost, delay, failure, or disruption of the Service, lost profits, or incidental, special, punitive, or consequential damages.

In no event will SquareComm Inc. Wireless Communications and/or UVNV, Inc. be liable for the failure or incompatibility of Equipment utilized by you in connection with the Service. You will use Equipment at your own risk.

You will indemnify, defend, and hold SquareComm Inc. Wireless Communications, UVNV, Inc., and the officers, employees, and agents of each of them harmless from and against all claims, causes of action, losses, expenses, liability, or damages (including reasonable attorneys’ fees and costs), and including without limitation for any personal injury or death, arising in any way directly or indirectly in connection with the T&Cs; the provision or use of the Service; or the use, failure to use, or inability to use the Number. This provision will survive the termination of the T&Cs.

You acknowledge that the T&Cs are assigned by SquareComm Inc. Wireless Communications.

Service may be temporarily suspended or permanently terminated without notice in the event that SquareComm Inc. Wireless Communications’ agreement with UVNV, Inc. is terminated or in the event you violate the Acceptable Use Policy or other Network rules and policies. You waive any and all claims against the underlying wireless service carrier, including any roaming carrier, for such suspension or termination.

19. Our Rights to Limit or End Service or the Agreement

We may limit, suspend, or terminate your Service or these T&Cs without notice for any reason, including without limitation, if you, any user of your Device, or any user on your account:

  • Breaches the T&Cs.
  • Provides inaccurate information or information we cannot verify.
  • Lives in an area where we don’t provide Service, or your Off-Net usage makes it uneconomical for SquareComm Inc. Wireless Communications to provide Service to you (see Section 12).
  • Transfers Service to another person without our consent.
  • Becomes insolvent, goes bankrupt or threatens bankruptcy (except as prohibited by law);
  • Misuses your Service or Device as described in Section 17.
  • Causes SquareComm Inc. Wireless Communications to breach an agreement with any wireless carrier or to incur any material added expense; or
  • Uses your Service or Device in a manner that is excessive, unusually burdensome, or unprofitable to us.

We may impose usage or other limits to your Service, suspend your Service, or block certain types of calls, messages, or sessions (such as access to an international long-distance provider), in our or UVNV, Inc.’s sole discretion and without notice. If we limit, suspend, or terminate your Service and later reinstate your Service, you may be charged a fee. If your Service or account is limited, suspended, or terminated and then reinstated, you will be charged a reactivation fee upon re-enrollment.

20. Intellectual Property

You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of SquareComm Inc. Wireless Communications or any third party. Except for a limited license to use the Services and except as expressly authorized under a duly executed Social Member Agreement between you and SquareComm Inc. Wireless Communications, your purchase of Services and Devices does not grant you any license to copy, distribute, modify, reverse engineer, download, redistribute, or resell the intellectual property of SquareComm Inc. Wireless Communications or others related to the Services and Devices; this intellectual property may be used only with the Service unless expressly authorized by SquareComm Inc. Wireless Communications. You agree that a violation of this section harms SquareComm Inc. Wireless Communications and cannot be fully redressed by money damages, and that if such a violation occurs, SquareComm Inc. Wireless Communications shall be entitled to immediate injunctive relief in addition to all other remedies available.

21. Digital Millennium Copyright Act (“DMCA”) Notice

If you believe that material available through our Services or Devices infringes your copyright, notify us as provided in Section 15. After receiving notice, we may remove or disable access to any infringing material as provided for in the DMCA.

22. Privacy Information

Our Privacy Policy governs how we collect and use information related to your use of our Service and is available online below. You agree to our Privacy Policy and agree that we may change our Privacy Policy without direct notice to you. You agree to check our website for SquareComm Inc. Wireless Communications’ updated privacy policies. Notwithstanding the foregoing, if we change our privacy policy to allow use or disclosure of personal information in a way that, in our sole determination, is materially different from that stated in the policy at the time the data was collected, we will post notice in advance of the change.

Data on your device may automatically be stored on your SIM card, Device, or our network. Your data may remain on the Device even if your SIM card is removed; the data left on your Device will be accessible to others who use your Device, and may be deleted, altered, or transferred to our network servers. Some Devices automatically upload stored information (such as your address book, ringtones, or other data) to SquareComm Inc. Wireless Communications network servers. You may choose not to use this service by contacting SquareComm Inc. Wireless Communications Member Support; in this case, your Device will continue to upload your information to our servers, but SquareComm Inc. Wireless Communications will not retain the information. Not using this service may result in the loss of functionality or the availability of certain services or features, and the permanent loss of information stored on a lost or stolen Device. You or SquareComm Inc. Wireless Communications may be able to remotely access or delete information stored on your Device.

23. Disclaimer of Warranties

EXCEPT FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED WITH A SQUARECOMM Inc. WIRELESS COMMUNICATIONS DEVICE YOU PURCHASE FROM US, AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND DEVICES ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE. WE CANNOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE; IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO INTERCEPT YOUR COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMER, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

24. Waivers and Limitations of Liability

  • Direct Damages Only: Both parties agree to limit claims for damages to direct and actual damages only, regardless of the legal theory.
  • No Indirect Damages: Neither party will seek indirect, special, consequential, treble, or punitive damages from the other.
  • Scope of Limitation: The limitation includes loss of anticipated benefits, data, downtime, or similar damages.
  • Third-Party Claims: The limitation also applies to claims against other parties where indemnification would be required.
  • Exclusions: Not liable for issues caused by you, third parties, or aspects of SquareComm Inc. Wireless Communications’ services or devices.
  • Time Limit for Claims: Claims must be brought within 2 years of arising.
  • Jurisdictional Exceptions: Some jurisdictions may not allow these liability limits.

25. Indemnification

  • Your Responsibility: You agree to defend, indemnify, and hold SquareComm Inc. Wireless Communications harmless from any claims related to your use of the service or devices, breaches of the T&Cs, or violations of laws or third-party rights.

26. Dispute Resolution and Arbitration

  1. Arbitration Agreement:
  • Any claims or disputes related to the Terms and Conditions (T&Cs), services, devices, or products, including billing disputes, will be resolved by binding arbitration or in small claims court.
  • This includes claims against other parties involved in providing or billing services/devices, if asserted in the same proceeding.
  1. Applicable Law:
  • The T&Cs affect interstate commerce, making the Federal Arbitration Act and federal arbitration law applicable.
  • Arbitration has no judge or jury, and court review of an arbitration award is limited. The arbitrator must follow the agreement.
  1. Dispute Resolution Process:
  • Before arbitration, you must send a written description of your claim (as per Section 15) and negotiate in good faith for 60 days.
  • If unresolved, arbitration can be pursued.
  • If you fail to pay dues on time, the account may be assigned to a collection agency, which can pursue claims in small claims court for past due amounts, interest, or collection costs.
  1. Starting Arbitration:
  • Either party can start arbitration by sending a letter requesting arbitration and describing the claim to the registered agent (as per Section 15).
  • The American Arbitration Association (AAA) will arbitrate disputes:
  • Claims under $75,000: AAA’s Supplementary Procedures for Consumer-Related Disputes.
  • Claims over $75,000: AAA’s Commercial Arbitration Rules.
  • AAA rules are available at www.adr.org or by calling 1-800-778-7879.
  1. Fees and Expenses:
  • Arbitration fees and expenses are divided according to AAA Rules.
  • SquareComm Inc. Wireless Communications reimburses the filing fee if you prevail.
  • Each party bears its own counsel, experts, witnesses, and evidence preparation expenses.
  • Arbitrators can award any relief available in court, including injunctive/declaratory relief and attorneys’ fees, on an individual basis.
  1. Invalidation and Limitations:
  • If the arbitration provision is deemed inapplicable/invalid, or if it allows litigation, you waive claims for punitive or exemplary damages to the fullest extent permitted by law.
  • Arbitration location is Washington unless agreed otherwise.
  • Arbitrators cannot award punitive damages or any damages beyond actual damages.
  • Arbitration details must remain confidential unless required by law.
  • Judgment on the award can be entered by any court with jurisdiction.
  1. Class Action Waiver:
  • Any proceedings will be conducted on an individual basis, not as part of a class or representative action.
  • If a court/arbitrator finds the Class Action Waiver unenforceable, the arbitration agreement is void for that case.
  1. Jury Trial Waiver:
  • If a claim goes to court, both parties waive the right to a jury trial to the fullest extent permitted by law.

27. Enforceability and Assignment

  • Waiver: A waiver of any part of the Agreement in one instance does not constitute a waiver of any other part or instance and must be explicitly provided in writing.
  • Rights Enforcement: Failure to enforce rights under the Agreement does not preclude future enforcement of those rights.
  • Severability: Except for Section 26, if any part of the Agreement is deemed invalid, that part can be severed from the Agreement.
  • Assignment: You cannot assign the Agreement or any rights/duties without written consent from SquareComm Inc. Wireless Communications. They may assign the Agreement or your debts without notice.
  • Entire Agreement: This Agreement is the entire contract between the parties, defining all rights regarding the Service or Device, and cannot be superseded by any other documents or statements from sales/service representatives.
  • Third-Party Purchases: If you purchase a Device, services, or content from a third party, you may have a separate agreement with them, and SquareComm Inc. Wireless Communications is not a party to that agreement.
  • Language and Conflicts: The original version of the T&Cs is in English. If there are conflicts between the English version and other language versions, the English version controls.
  • Discretion: Any determination made by SquareComm Inc. Wireless Communications under the T&Cs is at their sole reasonable discretion.
  • Surviving Provisions: Sections 2, 4, 5, 6, 7, 8, 12, 14, 15, 16, 17, 18, 20, 22, 23, 24, 25, 26, 27, and 28 continue after termination of the T&Cs.

28. Choice of Law

  • Governing Law: The T&Cs are governed by the Federal Arbitration Act, applicable federal law, and the laws of Washington State, excluding its conflicts of laws rules. Foreign laws do not apply.
  • Venue: Arbitration or court proceedings must be conducted in King County, WA.
  • Invalid Provisions: If any provision of the T&Cs is invalid under the law of a specific jurisdiction, that provision will not apply in that jurisdiction.

29. SquareComm Inc. Wireless Communications’ Cloud Phone Service

  • Charges: You are responsible for all charges on your account, including international calls, SMS, conference calling overages, and additional features. Rates vary by country/region.
  • Unsupported Services: The cloud phone service does not support 0+ or operator-assisted calls, 900, collect calls, third-party billing calls, calling card calls, and x11 services (e.g., 911, 311, 511).
  • Account Management: SquareComm Inc. Wireless Communications will provide a website for service management. Certain functionalities are controlled only through the website, which requires a modern browser with cookies enabled.
  • Website Access: Anyone you authorize to access your management website can make changes to your Service and Number.
  • Call Recording: The service allows recording calls. You are responsible for complying with laws regarding notice, consent, and notification for recording. SquareComm Inc. Wireless Communications is not liable for issues arising from recorded calls.
  • Automatic Charges: Your card on file will be automatically charged for services not included in your plan, such as:
  • Calls to the Virgin Islands or international destinations with a +1 prefix (approx. $3.00/min plus 5% taxes and fees if not covered by the Stateside International Calling plan).
  • Calls from Canada to Mexico, or vice versa (approx. $3.00/min plus 5% taxes and fees if not covered by the Stateside International Calling plan).
  • Calls to 411 ($1.99/call plus 5% taxes and fees).
  • International voice roaming, including voicemail while international ($0.35/minute).
  • Out-of-plan numbers, chat lines, conference calls, radio broadcast lines ($0.01/minute plus 5% taxes and fees).
  • Downloading apps and usage of services like name ID or Rhapsody.
  • Talk, text, or data usage while on a cruise or ferry (rates vary by cruise and destination plus 5% taxes and fees).

Trademarks

  • SquareComm Inc. Wireless Communications and the SquareComm Inc. Wireless Communications logo are registered trademarks of SquareComm Inc. Wireless Communications, a Washington corporation.

Additional Terms

  1. No Contractual Relationship:
  2. The End User has no contractual relationship with, and is not a third-party beneficiary of, any agreement between the Distributor and UVNV or UVNV and the Carrier.
  3. The wireless service carrier or Distributor will have no legal, equitable, or other liability of any kind to the End User.
  4. Number Portability:
  5. Subject to FCC number portability rules, the End User has no property or other rights in any assigned Number, which can be changed at any time.
  6. Service Interruptions:
  7. Service may be temporarily refused, interrupted, curtailed, or limited due to atmospheric terrain, or other natural or artificial conditions, and due to usage concentrations, modifications, upgrades, relocations, and repairs of the transmission network.
  8. The wireless service carrier or Distributor is not responsible for such interruptions or the inability to use the Service within or outside the Authorized Areas.
  9. Transmission Security:
  10. The wireless service carrier or Distributor cannot guarantee the security of wireless transmissions and will not be liable for any lack of security related to the use of the Service.
  11. Liability and Obligations:
  12. The liability and obligations of the Distributor to the End User are controlled and limited by the wireless service carrier’s tariff, if any, and the laws, rules, and regulations of the FCC and other authorities.
  13. The exclusive remedy for any failure or disruption of Service is limited to payment by the Distributor of damages equal to the amount charged to the End User for the Service.
  14. The Distributor and the wireless service carrier are not liable for any cost, delay, failure, or disruption of the Service, lost profits, or incidental, special, punitive, or consequential damages.
  15. Device Compatibility:
  16. The Distributor and/or the wireless service carrier are not liable for the failure or incompatibility of Devices with the Service. End Users use Devices at their own risk.
  17. Indemnification:
  18. The End User will indemnify, defend, and hold harmless the Distributor, the wireless service carrier, and their officers, employees, and agents from all claims, losses, expenses, liabilities, or damages (including reasonable attorneys’ fees and costs) arising in connection with the End User agreement, the provision or use of the Service, or the use, failure to use, or inability to use the Number.
  19. This indemnification provision survives the termination of the End User agreement.
  20. Assignability:
  21. The End User agreement is assignable by the Distributor.
  22. Service Suspension or Termination:
  23. Service may be temporarily suspended or permanently terminated without notice if the Distributor’s agreement with the wireless service carrier is terminated or if the End User violates Network rules and policies.
  24. The End User waives any claims against the wireless service carrier, including any roaming carrier, for such suspension or termination.
  25. Prohibited Actions:
  26. The End User will not engage in actions described in Section 7.10 of the Agreement, including abuse, fraudulent usage, or violations of the Acceptable Use Policy.
  27. Service Activation:
  28. The End User will not activate the Service outside of the Authorized Areas.