1. DEFINITIONS
1.1 Acceptable Use Policy: The policy governing the use of the Products and Services by a Customer whether required by Lycamobile or the telecommunications operator of any Network that facilitates access to the Services. The Acceptable Use Policy is described in Section 5 below.
1.2 Account: The mobile telephone account registered or activated by a Customer that Lycamobile uses to provide the Products and Services and which logs a Customer’s use of the Products and Services.
1.3 Agreement:
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- In addition to these general terms and conditions, there are several parts of the Agreement, which may include but is not limited to i) the User Guide accompanying the SIM Card or available at www.lycamobile.us; ii)the Charges for Services published by Lycamobile from time to time, including any special offers; iii) the transaction materials that you sign or accept (via electronic acceptance online or through a Lycamobile retail location or that of an authorized retailer) during the sales transaction (if your service plan is not specifically www.lycamobile.us set forth in any printed materials, the requirements and terms set forth in the current written services and transaction materials apply, excluding the plan charges and a number of minutes included in your service plan); and (iv) any confirmation materials that we may provide to you. It is important that you carefully read all of the terms of the Agreement. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT DISALLOWS CLASS ACTIONS, A CLASS ACTION WAIVER PROVISION, AND A JURY WAIVER PROVISION.
- The Agreement starts when a Customer purchases a SIM Card or Top-Up Voucher, registers or activates an Account, uses our Top-Up Services or other Services, whichever occurs first.
- 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, or telling us orally that you accept; (b) activating Service; (c) using your Service; (d) paying for the Service or a SIM (purchased from Lycamobile, a Lycamobile dealer or other Lycamobile authorized retailer).
1.4 Charges: The advertised Plan, Pay-As-You-Go rates, Data-Add-Ons and auto-renewal charges will be subject to a five percent (5%) regulatory recovery fee (“Charges”). Note also that there may be sales and other required taxes charged by the retailer where you purchase your Lycamobile products.
1.5 Customer: Any individual, company or other entity that purchases a SIM Card, Top-Up Voucher, registers or activates an Account with Lycamobile or uses the Services. In these general terms and conditions, the Customer is sometimes referred to as “you” or “your”.
1.6 Customer Services Department: The department of Lycamobile that you may contact for any inquiries about the Products or Services. You may contact the Customer Services Department in several ways:
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- Dial 612 from a mobile phone with a Lycamobile Account (at no cost),
- Dial 845-301-1612 FREE from any other telephone (local call charges may apply),
- Dial +1-845-301-1612 from any other telephone while abroad (international roaming charges apply),
- Dial 1-866-277-3221 from any phone (at no cost),
- Visit the Lycamobile website at www.lycamobile.us (and click on the “Contact” link at the bottom of the page or on the “Contact Us” subsection of the “Help” tab at the top of the page),
- E-mail the Customer Services Department at cs@lycamobile.us, or
- Write to the Customer Services Department at the address listed in Section 1.8 below.
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1.7 Device: A GSM mobile telephone, handset, or other device used to access the Services.
1.8 Lycamobile: Lycamobile USA, Inc. or our subsidiaries, affiliates, parent companies, vendors, suppliers, or licensors. In these general terms and conditions, Lycamobile is sometimes referred to as “we”, “us” or “our”. Lycamobile USA, Inc. contact mailing address: 24 Commerce Street, Suite 100, Newark, New Jersey, 07102.
1.9 Network: The telecommunications networks used by Lycamobile to provide the Services to you.
1.10 Personal Data: The personal information that you provide to Lycamobile or that Lycamobile generates, collects, uses, processes and stores about you while providing the Services, including but not limited to your name, address, date of birth, mobile telephone number, call data records including Traffic Data and Location Data, top-up records, credit card or debit card details, billing records, voice mail recordings, copies of e-mails including your e-mail address, and records of Customer Services Department enquiries made by you.
1.11 Privacy Policy: The policy that describes how Lycamobile generates, collects, uses, processes and stores your Personal Data.
1.12 Products: The Lycamobile or GT Mobile SIM Card and Lycamobile or GT Mobile Top-Up Voucher, and any other branded products or services offered by Lycamobile, including promotional products and services.
1.13 Roaming Services: The mobile telephone services that you use when traveling outside the United States or outside an area where Lycamobile service is provided.
1.14 Services: The mobile telephone services that Lycamobile provides to you, including voice calling, messaging and data services, voicemail, calling line identification presentation (CLIP), calling line identification restriction (CLIR), Top-Up Services, Roaming Services, and the services provided by the Customer Services Department.
1.15 SIM Card: The prepaid, pre-activated card that allows you to access and use the Services by inserting it into a compatible device.
1.16 Taxes, Fees, and Surcharges
Taxes and Fees. You agree to pay all taxes and fees imposed by governments or governmental entities. All advertised pricing for Lycamobile Services includes taxes and fees. We may not give advance notice of changes to the Charges, taxes or fees. All website purchases, including auto-recharges, will be assessed the Charge, which are currently set at a flat rate of five percent (5%). These Charges are not mandated by law, but are collected and retained by Lycamobile in whole or in part. The components and amounts of these Charges are subject to change without notice. The Charges include, but are not limited to charges, costs, fees, and certain taxes Lycamobile incurs to provide Services (and are not government taxes or fees imposed directly on our customers that we must collect by law). Examples include general and administrative fees (such as certain costs we incur to provide Service) as well as governmental-related surcharges (such as Federal or State Universal Service fees, E-911 fees, regulatory fees, and gross receipts taxes). The Charges will apply whether or not you benefit from the Service. If the advertised rates do not include certain taxes, fees, and charges, you will receive notice of their amounts and applicability prior to purchase.
Surcharges. You agree to pay all Surcharges. Surcharges are not mandated by law, they are Lycamobile Charges that are collected and retained by Lycamobile in whole or in part. The components and amounts of these Charges are subject to change without notice. Surcharges include, but are not limited to charges, costs, fees, and certain taxes Lycamobile incurs to provide Services (and are not government taxes or fees imposed directly on our customers that we must collect by law). Examples include general and administrative fees (such as certain costs we incur to provide Service) as well as governmental-related Surcharges (such as Federal or State Universal Service fees, E-911 fees, regulatory fees, and gross receipts taxes). Surcharges will apply whether or not you benefit from the programs, activities, or services included in the Surcharge. Depending on your Services, we may deduct from your Account balance all Taxes, Fees, and Surcharge that we’re required by law to collect and remit to the government on the Services that we provide to you. If the advertised rates do not include certain Taxes, Fees, and Surcharge, you will receive notice of their amounts and applicability prior to purchase.
1.17 Top-Up Services: The services you may use to add credit to the balance of your Account, including the Top-Up Voucher, Online Top-Up, and Auto Top-Up.
1.18 Top-Up Voucher: A multifunction voucher (whether in physical or electronic form) containing a multi-digit code that allows you to access and use the Services by redeeming the face value of the voucher.
1.19 User Guide: The guide or documentation supplied with your SIM Card or listed at www.lycamobile.us, which explains how you may access and use the Services.
2. PLANS
$19 Unlimited National Plan:
Limited time offer. Plan expires after 30 days. All website purchases, including auto-recharges, will be assessed a regulatory recovery fee of 5%. Plan only valid for calls, texts and data usage from the US. Offer of 2GB available to new line activations only; current customers continue to receive 1GB high-speed data. The USA includes 50 states and Puerto Rico. Texts to 900 numbers are not included. Purchase of international or roaming credit required to enable additional features (like international talk to countries not listed). Offer of unlimited international calls to Lycamobile numbers only valid when both numbers are not roaming. No national roaming (voice, text, and data not available in off-net areas – see coverage map for details). For non-commercial, personal use only. Service may be suspended/terminated if used in violation of the Acceptable Use Policy. SIM and assigned number expire after 60 days of non-use. Offer terms at the time of plan activation apply, regardless of purchase date. Plans, rates & services are subject to change without notice & are not available in all locations or for all phones. Unlimited calls are subject to a fair usage policy.
$23 Unlimited National Plan:
Limited time offer. The plan expires after 30 days. All website purchases, including auto-recharges, will be assessed a regulatory recovery fee of 5%. Plan only valid for calls, texts, and data usage from the US. First 3GB of data at up to 5G speed and the remainder at reduced speeds. The USA includes 50 states and Puerto Rico. Texts to 900 numbers are not included. Purchase of international or roaming credit required to enable additional features (like international talk to countries not listed). Offer of unlimited international calls to Lycamobile numbers only valid when both numbers are not roaming. No national roaming (voice, text, and data not available in off-net areas – see coverage map for details). For non-commercial, personal use only. Service may be suspended/terminated if used in violation of the Acceptable Use Policy. SIM and assigned number expire after 60 days of non-use. Offer terms at the time of plan activation apply, regardless of purchase date. Plans, rates & services are subject to change without notice & are not available in all locations or for all phones. Unlimited calls are subject to a fair usage policy.
$29 Unlimited International Plan:
Limited time offer. Plan expires after 30 days. All website purchases, including auto-recharges, will be assessed a regulatory recovery fee of 5%. Plan only valid for calls, texts and data usage from the US. First 7GB of data at up to 5G speed and the remainder at reduced speeds. The USA includes 50 states and Puerto Rico. Texts to 900 numbers are not included. Purchase of international or roaming credit required to enable additional features (like international talk to countries not listed). Offer of unlimited international calls to Lycamobile numbers only valid when both numbers are not roaming. No national roaming (voice, text, and data not available in off-net areas – see coverage map for details). For non-commercial, personal use only. Service may be suspended/terminated if used in violation of the Acceptable Use Policy. SIM and assigned number expire after 60 days of non-use. Offer terms at the time of plan activation apply, regardless of purchase date. Plans, rates & services are subject to change without notice & are not available in all locations or for all phones. Unlimited calls are subject to fair usage policy.
$33 Unlimited National Plan:
Limited time offer. The plan expires after 30 days. All website purchases, including auto-recharges, will be assessed a regulatory recovery fee of 5%. Plan only valid for calls, texts, and data usage from the US. First 15GB of data at up to 5G speed and the remainder at reduced speeds. The USA includes 50 states and Puerto Rico. Texts to 900 numbers are not included. Purchase of international or roaming credit required to enable additional features (like international talk to countries not listed). Offer of unlimited international calls to Lycamobile numbers only valid when both numbers are not roaming. No national roaming (voice, text, and data not available in off-net areas – see coverage map for details). For non-commercial, personal use only. Service may be suspended/terminated if used in violation of the Acceptable Use Policy. SIM and assigned number expire after 60 days of non-use. Offer terms at the time of plan activation apply, regardless of purchase date. Plans, rates & services are subject to change without notice & are not available in all locations or for all phones. Unlimited calls are subject to a fair usage policy.
$39 Unlimited National Plan:
Limited time offer. The plan expires after 30 days. All website purchases, including auto-recharges, will be assessed a regulatory recovery fee of 5%. Plan only valid for calls, texts, and data usage from the US. First 15GB of data at up to 5G speed and the remainder at reduced speeds. The USA includes 50 states and Puerto Rico. Texts to 900 numbers are not included. Purchase of international or roaming credit required to enable additional features (like international talk to countries not listed). Offer of unlimited international calls to Lycamobile numbers only valid when both numbers are not roaming. No national roaming (voice, text, and data not available in off-net areas – see coverage map for details). For non-commercial, personal use only. Service may be suspended/terminated if used in violation of the Acceptable Use Policy. SIM and assigned number expire after 60 days of non-use. Offer terms at the time of plan activation apply, regardless of purchase date. Plans, rates & services are subject to change without notice & are not available in all locations or for all phones. Unlimited calls are subject to a fair usage policy.
$45 Unlimited National Plan:
Limited time offer. The plan expires after 30 days. All website purchases, including auto-recharges, will be assessed a regulatory recovery fee of 5%. Plan only valid for calls, texts and data usage from the US. First 10GB of data at up to 5G speed and the remainder at reduced speeds. The USA includes 50 states and Puerto Rico. Texts to 900 numbers are not included. Purchase of international or roaming credit required to enable additional features (like international talk to countries not listed). Offer of unlimited international calls to Lycamobile numbers only valid when both numbers are not roaming. No national roaming (voice, text, and data not available in off-net areas – see coverage map for details). For non-commercial, personal use only. Service may be suspended/terminated if used in violation of the Acceptable Use Policy. SIM and assigned number expire after 60 days of non-use. Offer terms at the time of plan activation apply, regardless of purchase date. Plans, rates & services are subject to change without notice & are not available in all locations or for all phones. Unlimited calls are subject to a fair usage policy.
$50 Unlimited National Plan:
Limited time offer. Plan expires after 30 days. After 40GB 4G/5G allotment is used, speeds will be reduced for the remainder of the plan. Tethering (hotspot) is not permitted. All website purchases, including auto-recharges, will be assessed a regulatory recovery fee of 5%. Plan only valid for calls, texts, and data usage from the US. The USA includes 50 states and Puerto Rico. Texts to 900 numbers are not included. Purchase of international or roaming credit required to enable additional features (like international talk to countries not listed). Offer of unlimited international calls to Lycamobile numbers only valid when both numbers are not roaming. US roaming allotment: 200 minutes; 200 texts; 0 data (see coverage map for details). For non-commercial, personal use only. Service may be suspended/terminated if used in violation of the Acceptable Use Policy. SIM and assigned number expire after 60 days of non-use. Offer terms at the time of plan activation apply, regardless of purchase date. Plans, rates & services are subject to change without notice & are not available in all locations or for all phones. Unlimited calls are subject to a fair usage policy.
$59 Unlimited National Plan:
Limited time offer. Plan expires after 30 days. After 60GB 4G/5G allotment is used, speeds will be reduced for the remainder of the plan. Tethering (hotspot) is not permitted. All website purchases, including auto-recharges, will be assessed a regulatory recovery fee of 5%. Plan only valid for calls, texts, and data usage from the US. The USA includes 50 states and Puerto Rico. Texts to 900 numbers are not included. Purchase of international or roaming credit required to enable additional features (like international talk to countries not listed). Offer of unlimited international calls to Lycamobile numbers only valid when both numbers are not roaming. No national roaming (voice, text, and data not available in off-net areas – see coverage map for details). For non-commercial, personal use only. Service may be suspended/terminated if used in violation of the Acceptable Use Policy. SIM and assigned number expire after 60 days of non-use. Offer terms at the time of plan activation apply, regardless of purchase date. Plans, rates & services are subject to change without notice & are not available in all locations or for all phones. Unlimited calls are subject to a fair usage policy.
3. THE SERVICES
2.1 Lycamobile will immediately connect you to the Services as soon as you register or activate your Account. As long as you have sufficient credit in your Account, you will be able to continue using the Services until either Lycamobile or you decide to end the Agreement in the ways allowed in this Agreement.
2.2 Lycamobile will provide the Services to you using its own Network and the Networks of one or more telecommunications operators. Occasionally any of these Networks may be unavailable for maintenance, modifications, upgrades, emergencies or to protect the security of the Network. At these times the Services may be temporarily unavailable. When possible, Lycamobile will provide you with advance notice of scheduled outages.
2.3 Mobile telephony is a form of wireless communication and operates on the basis of the transmission of radio and signal frequencies. The transmission of these radio and signal frequencies may be affected by congestion on the Network due to the number of calls or messages or the amount of data being sent and received. Coverage maps only approximate our anticipated wireless coverage area outdoors.
2.4 The transmission of the radio and signal frequencies may also be affected by the location of the base stations, obstacles such as buildings or underpasses, and by external factors such as geographic or atmospheric conditions. The Services may also be affected by the quality of the Device chosen and used by you.
2.5 The Roaming Services are subject to the roaming contracts and service quality levels that have been agreed upon between other national and international telecommunications operators. Lycamobile does not have any control over the contracts or service quality levels agreed between these telecommunications operators. Your Device may connect to another provider’s network even when you are within the Lycamobile coverage area, referred to as being “Off-Net”. Customers should check the Device to determine if you are Off-Net. There may be extra Charges (including long-distance, tolls, data usage) and higher rates for Off-Net usage, depending on your purchased Services. You must use your Device predominantly within the Lycamobile supplied network coverage area. If your Off-Net voice usage, data usage or messaging usage exceeds your purchased Services allotment, your access to Off-Net coverage may be suspended or denied. We may also limit or terminate your Service in our discretion and without prior notice if you no longer reside in a Lycamobile network coverage area, or if your Off-Net usage makes it uneconomical for Lycamobile to provide Service to you, or if related to Lycamobile’s or its network supplier’s arrangements with an Off-Net provider.
2.6 For the reasons described above, Lycamobile does not warrant or guarantee that the Services will be uninterrupted or error-free (in terms of Network availability, quality or coverage) in all locations at all times, or that the Services will be suitable for your specific requirements, or that the Services will be completely secure against unauthorized interception.
2.7 Lycamobile will endeavor to keep any disruption to the Services to a minimum; however, Lycamobile will not be liable to you for any loss, damage or inconvenience incurred by you as a result of any disruption to the Services for the reasons described above.
2.8 Certain types of calls or messages may be excluded from the Services, such as certain premium rate services (such as 900 numbers). We reserve the right to restrict access to these telephone numbers and services.
2.9 We do not guarantee or endorse any third-party content that you may access or use. Your use of any third-party content is entirely at your own risk. We do not guarantee access to third-party content where you access or download the content from the internet or upload or transmit content using the Services.
2.10 Itemized statements or your Account and the record of your use of the Services, including calls and messages made and received and top-up information, are excluded from the Services. You may access this information by logging into your account.
2.11 Our Customer Services Department can supply details of the other mobile operators we have porting arrangements with and how you may port your number. We don’t guarantee that number transfers to or from us will be successful. If you authorize another carrier to transfer a number away from us, then that is considered a request by you to us to terminate all of the Services associated with that number.
NOTE: If you wish to port out your number from Lycamobile to a new carrier, you must have an active Lycamobile account. If your account is inactive (i.e., it has no active plan or funds balance), your number will be ineligible for port-out.
2.12 We can, without notice, suspend or terminate any Service at any time for any reason. For example, we can suspend or terminate any Service for the following: (a) failure to have or maintain an appropriate account balance for applicable charges; (b) harassing/threatening/abusing/offending our employees or agents; (c) providing false or inaccurate information; (d) interfering with our operations; (e) using/suspicion of using Services in any manner restricted by or inconsistent with the Agreement; (f) breaching, failing to follow, or abusing the Agreement; (g) modifying a SIM from its manufacturer specifications; or (h) if we believe the action protects our interests, any customer’s interests, or our networks.
2.13 If Lycamobile provides you software as part of the Service or Device and there are not software license terms provided with the software (by Lycamobile or by a third party), then Lycamobile grants you a limited, revocable, non-exclusive, non-transferable license to use the software to access the Services for your own individual use. You will not sell, resell, transfer, copy, translate, publish, create derivative works of, make any commercial use of, modify, reverse engineer, decompile, or disassemble the software. Lycamobile may revoke this license at any time.
2.14 Lycamobile may charge activation, prepayment, reactivation, program, or other fees to establish or maintain Services. Certain transactions may also be subject to a charge (for example, convenience payment, changing phone numbers, handset upgrades, etc.). You will be provided notice of these types of fees before we complete the requested transaction.
2.15 We round up partial minutes of use to the next full minute. Time starts when you press “Call” (or the Device equivalent) or when your device connects to the network and stops when you press “End” (or the Device equivalent) or the network connection otherwise breaks. You’re charged for all calls that connect, even to answering machines, voicemail, or voice transcription services. For incoming calls answered, you’re charged from the time shortly before the Device starts ringing until you press “End” or the network connection otherwise breaks. You’re charged for the entire call based on the rate that applies to the time period in which the call starts. However, the types of charges actually deducted from your account balance will vary depending on your Service. Data usage is rounded up to the next full-kilobyte increment at the end of each data session. There are 1,024 kilobytes in one megabyte.
2.16 Our Network will allow the display of your Device telephone number on receiving handsets unless you disable this feature on your Device.
2.17 International roaming and dialing are available with some service plans and on some Devices and may require the purchase of an additional feature on your account. Whether roaming internationally or making and sending international calls and messages while in the U.S. (or Puerto Rico), you will be charged international rates (including for voicemails left for you and for data usage). This includes per-minute rates for calls and while roaming internationally, per-minute rates for calls transferred to your voicemail and the relevant data rates for data usage. You may be charged for more than one call for unanswered calls that are forwarded to voicemail regardless of whether the calls result in an actual voicemail message being left for you and regardless of whether your phone is on or off. Some Devices and applications may incur usage and Charges while roaming. You may be able to disable these applications and features through your Device settings. Different rates and rounding increments apply in different countries. While roaming internationally, your data throughput may be reduced and your Service may be otherwise limited or terminated at any time without notice.
2.18 Data Plans: You will be charged for data usage on a pay-per-use basis unless you maintain a plan that includes a set allotment of data (“Data Plan”) as part of your Service. Rates and charges may be found at www.lycamobile.us and are subject to change.
- Permissible and Prohibited Uses: Your Data Plan is intended for Web browsing, messaging, and similar activities on your Device and not on any other equipment. Unless explicitly permitted by your Data Plan, other uses, including, for example, using your Device as a modem or tethering your Device to a personal computer or other hardware, are not permitted. Other examples of prohibited uses can be found in Section 5.
- Protective Measures: To provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance, we may take measures including temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth. Additionally, in the event that a customer is in violation of the Permissible and Prohibited Data Uses listed above, we may reduce your data speed for the remainder of that billing cycle or terminate data service without prior notice or refund. We may also suspend, terminate, or restrict your data session or service if you use your Data Plan in a manner that interferes with other customers’ service, our ability to allocate network capacity among customers, or that otherwise may degrade service quality for other customers.
- Downloadable Content and Applications: You can purchase Content and Applications (e.g., downloadable or networked applications, wallpapers, ringtones, games, and productivity tools) (“Content & Apps”) for and with your compatible device. Some Apps that you can purchase with your Device are not sold by Lycamobile; for these Apps, you can identify the third-party seller at the point of purchase. For these third-party purchases, Lycamobile is not responsible for the App, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the App. Any support questions for these Apps should be directed to the third-party seller identified at the point of purchase. When you use, download or install an App sold by a third-party seller, you may be subject to license terms between you and the third-party seller and App developer. When you use, download, or install Content or Apps that you purchase from Lycamobile, the Content or App is licensed to you by Lycamobile and may be subject to additional license terms between you and the creator/owner of the Content or App. Whether purchased from Lycamobile or a third-party seller, any Content or App you purchase is licensed for personal, lawful, non-commercial use on your Device only. You may not transfer, copy, or reverse engineer any Content or App, or alter, disable or circumvent any digital rights management security features embedded in the Content or App. Some Devices or Content & Apps may continue to have contact with our network without your knowledge, which may result in additional charges, for example, while roaming internationally. Software on your Device may automatically shut down or limit the use of Content & Apps or other features or Services without warning. Lycamobile is not responsible for any third party content, advertisements, or websites you may be able to access using your Device.
- Use of Information: Lycamobile may retain, use, and share information collected when you download, use, or install some Content or Apps, may update your Content or App remotely, or may disable or remove any Content or App at any time. Refer to Lycamobile’s Privacy Policy as well as the Content or App creator/owner’s privacy policy for information regarding the use of information collected when you download, install, or use any Content or App. We are not responsible for any transmission failure, interruption, or delay related to Content & Apps, or any content or website you may be able to access through the Content or App.
4. SIM CARD DEACTIVATION
3.1 The SIM Card is used by inserting it into a compatible GSM Device. When the SIM Card has been inserted and you have registered or activated your Account, you will have access to, and be able to use, the Services.
3.2 Associated with your SIM Card are the PIN code (personal identification number) and the PUK code (personal unlocking key). The PIN and PUK codes must never be kept together. You will take every necessary precaution to preserve the secrecy of your PIN and PUK codes. You will be liable for any fraudulent or improper use of your SIM Card or Account that results from the intentional or accidental disclosure of your PIN or PUK code or the transfer
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