Please read these T&Cs carefully. They cover important information about our services provided to you (“Service”); your phone, handset, device, SIM card, data card, or other equipment or third party device used with our Service (“Device”); and any access and usage charges, taxes, fees, assessments, and other charges we bill you or that were accepted or processed through your Device (“Charges”). These T&Cs include terms regarding service plan changes and late payments, limitations of liability, privacy and resolution of disputes by arbitration instead of in court.
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 T&Cs.
For all disputes (except for Puerto Rico customers), you must first give us an opportunity to resolve your claim by sending a written description and supporting documentation of your claim to the address set forth in Section 12 below. Mint Mobile and you agree to negotiate your claim in good faith. If Mint Mobile and you are unable to resolve the claim within sixty (60) days after Mint Mobile receives your claim description and supporting documentation, you may pursue your claim in arbitration.
As an alternative to arbitration, Mint Mobile may choose to resolve billing disputes in small claims court in the county of your most recent billing address. Mint Mobile and you agree that if you fail to timely pay amounts due, Mint Mobile may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or the Agreement.
Either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our registered agent (see Section 12) to begin arbitration. The American Arbitration Association (“AAA”) will arbitrate all disputes. For claims of less than Seventy-Five Thousand Dollars ($75,000.00), the AAA’s Consumer Arbitration Rules will apply; for claims over Seventy-Five Thousand Dollars ($75,000.00), the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org. Upon filing of the arbitration demand, Mint Mobile and you will share equally all filing, administration and arbitrator fees for claims that total less than Seventy-Five Thousand Dollars ($75,000.00). For claims that total more than Seventy-Five Thousand Dollars ($75,000.00), the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. Puerto Rico customers: Refer to Section 11 for details of the Puerto Rico Telecommunications Dispute Procedure.
CLASS ACTION WAIVER. MINT MOBILE AND YOU AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding against Mint Mobile.
JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, MINT MOBILE AND YOU WAIVE ANY RIGHT TO A JURY TRIAL.
8.1 General. Your Service will operate only after you have purchased and redeemed a Mint Mobile Service plan. Please visit our website located at mintmobile.com for the latest information regarding our Service plans.
8.2 Charges. You agree to pay all charges we bill you or that were accepted or processed through your Device or on such other Devices connected with your account as designated in your Service plan. For disputed charges, see Section 11. You agree to provide us with accurate and complete billing information and to immediately report to us all changes to your billing information.
8.3 Voice Usage. Mint Mobile Service plans include a voice plan as part of your Service. We round up any fraction of a minute to the next full minute. Airtime usage is measured from the time the network provider begins to process a call (before the phone rings or the call is answered) through its termination of the call (after you hang up) and the network disconnects.
8.4 Data Usage and Messaging. Mint Mobile Service plans include a data plan (“Data Plan”) as part of your Service. Data usage is rounded up to the next full-kilobyte increment at the end of each data session. Your data usage includes, among other things, text, web browsing, instant or picture messages, and email whether read or unread, sent or received, solicited or unsolicited. We use filters to block spam messages, but we do not guarantee that you will not receive spam or other unsolicited messages, and we are not liable for such messages. All data purchased with a Mint Mobile Service plan (both data that comes with a particular Mint Mobile Service plan and any additional data you purchase as an add on) will expire immediately upon termination of your Mint Mobile Service plan for any reason.
8.5 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. 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 14 of these T&Cs and in our Acceptable Use Policy.
8.6 Data Usage Level. Mint Mobile has set a 30-day 4G data usage level (“Usage Level”) for each of the Mint Mobile Service plans. Our network supplier measures your upload and download data usage (“Actual Usage”) to determine if your total Actual Usage, as aggregated over the applicable 30-day period (“Usage Total”), exceeds the 30-day 4G Usage Level for the Service plan you selected. Please note that “Actual Usage” includes all of your requests to upload or download data, whether or not such data is actually uploaded or downloaded, as well as network overhead. For example, if you request that an image be downloaded to your Device, but travel outside of your network coverage area before the download is complete, such request will be included in your Actual Usage even though the image was never downloaded to your Device. If you purchased a Service plan that includes a finite amount of data in a 30-day Service period, your data will be suspended once you reach the 30-day data limit and reset upon the commencement of the following 30-day Service period. If you purchased a Service plan that includes unlimited data and you exceed your Service plan’s 30-day Usage Level, Mint Mobile will reduce the speed at which you can send and receive data over the Mint Mobile network until the end of the applicable 30-day period. The initial reduction in your data speed depends upon your Service plan and can be found in the Mint Mobile FAQs. If you continue to send and/or receive a substantial amount of data (as determined by Mint Mobile in its sole discretion) after our initial reduction of your data speed, we may further reduce your data speed to 64 kbps. Once you begin a new 30-day period in your Service plan, your Service plan Usage Level will be reset and your upload and download speeds will be restored. For example, if a customer purchases a Service plan that includes unlimited data service, but only includes up to 1 gigabyte of high speed data at 4G speeds during a given 30-day period, then the first gigabyte of data requested by that customer in that 30-day period will be provided at up to 4G speeds (subject to 4G network availability and the actual network speeds of Mint Mobile’s network supplier). Any data uploaded or downloaded by that customer in excess of 1 gigabyte will be provided at reduced speeds not lower than 64 kbps. Please be aware that your Usage Level is much more likely to exceed your Service plan’s 30-day Usage Level if you use streaming video, or if you download significant quantities of music files, movies, software applications, or engage in other high-bandwidth activities.
8.7 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. If you use your Data Plan in a manner that could interfere with other customers’ service, affect our ability to allocate network capacity among customers, or degrade service quality for other customers, we may suspend, terminate, or restrict your data session, or switch you to a more appropriate Data Plan which may result in an increased cost. We also manage our network to facilitate the proper functioning of services that require consistent high speeds, such as video calling, which may, particularly at times and in areas of network congestion, result in reduced speeds for other services. Additionally, we may implement other network management practices, such as caching less data, using less capacity, sizing video more appropriately for a Device to transmit data files more efficiently, and deploying streaming video optimization technology. Streaming video optimization technology is intended to manage data usage on the network, reduce the risk of streaming video stalling and buffering, and reduce the amount of high-speed data consumption used for streaming video. Streaming video optimization improves streaming video reliability as well as makes room for other users to enjoy higher browsing speeds. The streaming video optimization process is agnostic as to the streaming video content itself and to the website that provides it. While most changes to streaming video files are likely to be indiscernible, the optimization process may minimally impact the appearance of the streaming video as displayed on your Device. These practices operate without regard to the content itself or the source of the content, and do not discriminate against offerings that might compete against those offered by us on the basis of such competition.
8.8 Wi-Fi Features. Mint Mobile, at its sole discretion, may make available Wi-Fi voice and text messaging services, i.e., the ability to originate and terminate calls and text messages over a Wi-Fi connection (“Wi-Fi Calling). If offered by Mint Mobile, Wi-Fi Calling will only be available for Mint Mobile customers that (i) have a Wi-Fi capable Mint Mobile Device with Mint Mobile supported Wi-Fi calling capability, (ii) have Wi-Fi Calling service provisioned on their account, (iii) have a compatible SIM card, and (iv) are connected to functioning third-party internet service. Not all services available on Mint Mobile’s supplier’s network are available while using Wi-Fi Calling. For example, emergency alerts may not be available with Wi-Fi Calling. You acknowledge that calling 9-1-1 via Wi-Fi Calling uses the internet and operates differently than traditional 9-1-1 (see our complete 9-1-1 disclosure posted on the Mint Mobile website at mintmobile.com/911-disclosure). For example, 9-1-1 may not work during power or internet outages or disruptions, or if internet or your Service is suspended. Location information when using Wi-Fi Calling may be limited or unavailable. If Mint Mobile makes Wi-Fi Calling available to you, you must provide us with your up-to-date, primary address. If the location at which you primarily use Wi-Fi Calling changes, either temporarily or permanently, you must promptly update your address with Mint Mobile. You may provide us with your primary address, or update your primary address, by contacting us at the email address, telephone number or mailing address specified in Section 12. If you do not provide us with your primary address and update it promptly as described above, we or our network supplier may block your usage of certain Wi-Fi Networks. When you call 9-1-1 over Wi-Fi away from your primary address, we and our network supplier may have no or very limited information about your location. NEITHER MINT MOBILE NOR ITS NETWORK SUPPLIER IS RESPONSIBLE OR LIABLE FOR ANYTHING RELATED TO YOUR USE OF OR INABILITY TO USE ANY WI-FI CALLING MADE AVAILABLE TO YOU, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF EMERGENCY CALLS (WHETHER 9-1-1 CALLS OR OTHERWISE). Wi-Fi Calling may decrement Service plan minutes. Most devices will not transition between Wi-Fi and the wireless network. Devices using wireless connections may be vulnerable to unauthorized attempts to access data and software stored on the device.
8.11 Roaming. Your Device may connect to another provider’s network (“Roaming”) even when you are within the Mint Mobile coverage area. Check your Device to determine if you are Roaming. There may be extra charges (including long distance, tolls, data usage) and higher rates for Roaming usage, and your quality and availability of service may vary significantly. Our Roaming charges and rates are subject to change at any time and any such changes are effective forty-five (45) days after the posting of same to the Mint Mobile website. Please check our website frequently so that you are aware of our Roaming charges and rates and any changes thereto.
9.1 General. All international long-distance services included in your Service are handled by PLD, LLC (“PLD”) and are delineated on your invoices separately from the services provided by Mint Mobile. PLD is not affiliated with Mint Mobile.
9.2 International Roaming Credits. Your Mint Mobile Service plan may include international roaming credits (“Credits”) that you can use for international roaming minutes or data without additional charge. The amount of Credits that you receive in connection with your Service plan may be determined by us in our sole discretion, and additional details are available on our website. Mint Mobile may allow you to store Credits in your account for use at a later time. When your balance of Credits is zero, unless you add Credits to your account, you will not be able to use international roaming Service. Please be aware that except as provided by these T&Cs, Mint Mobile will be under no obligation to offer any refunds or reimbursements for Credits that you receive from Mint Mobile. Credits will be reclaimed by us should your account be terminated for any reason.
10.1 Regulatory Recovery Fee. The Regulatory Recovery Fee is assessed to help recover Mint Mobile’s costs to comply with various federal and state programs, taxes and fees including, but not limited to, (i) state and federal Telecommunications Relay Service Programs, (ii) Federal Universal Service Fund Program, (iii) international, federal, state, municipal, local and/or other governmental franchise, excise, public utility and other telecommunications taxes, fees and charges now in force or enacted in the future, and (iv) other regulatory reporting and compliance obligations imposed upon Mint Mobile in connection with providing the Service. The Regulatory Recovery Fee is calculated as a flat per transaction fee of $0.50 for service charges of $10.00 or less, and $1.00 for service charges of $10.01 or more. Although added to the overall charge, the Regulatory Recovery Fee is separate from the cost of Service and the Regulatory Recovery Fee shall not result in the purchase of any additional Service time.
10.2 Federal Universal Service Fund Fee. The Federal Universal Service Fund Fee is designed to recover Mint Mobile’s contribution to the Federal Universal Service Fund program. The Universal Service Administrative Company (“USAC”) establishes a quarterly contribution factor, and Mint Mobile charges its customers the then-applicable rate charged to Mint Mobile by USAC.
10.3 State Universal Service Fund Fees. The State Universal Service Fund Fee is designed to recover Mint Mobile’s contribution to various state universal service fund programs. Certain state agencies establish a quarterly, semi-annual or annual contribution factor, and Mint Mobile may choose to charge its customers to recoup the state universal service fund fees charged to Mint Mobile.
10.4 Sales and Use Taxes. Sales and use taxes are assessed to allow Mint Mobile to recover the cost of all federal, state, municipal, local or other governmental sales and use taxes now in force or enacted in the future, that arise as a result of your subscription to, use of, or payment for Mint Service. To determine sales and use taxes, we will use the street address you identified as your Place of Primary Use (“PPU”). The PPU for Puerto Rico must be in Puerto Rico. 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, does not identify the applicable taxing jurisdictions or does not reflect the Service area associated with your telephone number, you may be assigned a default location for tax purposes. In the event of a disputed tax jurisdiction location being assigned, any tax refund must be requested within sixty (60) days of our notification to you that the tax has been assessed.
10.5 9-1-1 Fees. Each state, city, municipality, or county has specific charges that are levied for access to 9-1-1. Determination of the applicable 9-1-1 charges depends on where you purchase Mint Mobile Service. Mint Mobile may bill its customers for 9-1-1 charges. Any such 9-1-1 charges are a monthly recurring charge assessed on a per line basis and will appear on your monthly invoice.
11.1 Unless otherwise provided by law, you agree to notify us of any dispute regarding your bill or charges to your account within sixty (60) days (twenty (20) days for Puerto Rico customers) after the date you first receive the disputed bill or charge. If you do not notify us of your dispute in writing with supporting documentation within this time period, you may not pursue a claim in arbitration or in court. Except for Puerto Rico customers and unless otherwise provided by law, you must pay disputed charges until the dispute is resolved. If you accept a credit, refund or other compensation or benefit to resolve a disputed bill or charge, you agree that the issue is fully and finally resolved. For unresolved disputes see Section 2 above. To contact or notify us, see Section 12. This paragraph is notice to Puerto Rico customers that payment of undisputed charges is due when stated on your bill, regardless of any dispute.
11.2 Puerto Rico Customers. We will provide you with a determination regarding any dispute that is presented to us in accordance with this Section 11 within fifteen (15) days after we receive it. You may appeal our determination to the Telecommunications Board of the Commonwealth of Puerto Rico (“Telecommunications Board”) by filing a petition for review up to thirty (30) days after the date of our determination. Your petition for review shall be made through the filing of a document containing the following information: (i) your name and address; (ii) our company name; (iii) the pertinent facts; (iv) any applicable legal provisions that you are aware of; and (v) the remedy you are requesting. The document may be filed handwritten or typewritten and must be signed by you. You must send us a copy of your document to the following address UVNV, Inc., 1550 Scenic Avenue, Suite 100, Costa Mesa, California 92626, Attn: Customer Service. You must send your petition for review to the Telecommunications Board at the following address: 500 Ave. Roberto H. Todd (Pda. 18 – Santurce), San Juan, Puerto Rico 00907-3941. The Telecommunications Board will review our determination only on appeal. You are advised of the provisions regarding suspension of Service that appear in Law 33 of July 7, 1985, Law 213 of September 12, 1996 and Regulation 5940 promulgated by the Telecommunications Board. You are also advised of Regulation 5939 of March 12, 1999 promulgated by the Telecommunications Board regarding the procedures for resolution of customer disputes.
12.1 Receipt of Communications. You expressly consent to receive all communications, agreements, documents, notices and disclosures (“Notices”) from us, at the telephone number associated with your Device, or physical or electronic address you provide to us. Notices from us to you are considered delivered when we deliver them to your Device by text message or voice, or by email to any email address you provide to us, or three (3) days after mailing to your billing address.
12.2 Autodialed or Prerecorded Messages. We may at times contact you using autodialed or prerecorded message calls or text messages at the telephone number associated with your Device. We may place such calls or texts to (i) provide notices regarding your Mint Mobile account or account activity, (ii) investigate or prevent fraud, or (iii) collect a debt owed to us. You agree that we and our service providers may contact you using autodialed or prerecorded message calls and text messages to carry out the purposes we have identified above. We may share your phone number with service providers with whom we contract to assist us in pursuing these interests, but will not share your phone number with third parties for their own purposes without your consent. Standard telephone minute and text charges may apply. We and our service providers will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes at the telephone number associated with your Device unless we receive your prior express written consent.
12.3 Revocation of Consent. You do not have to consent to receive autodialed or prerecorded message calls or texts in order to use Mint Mobile Service. Where Mint Mobile is required to obtain your consent for such communications, you may choose to revoke your consent by any reasonable means, including by (i) contacting our customer service department at email@example.com, (ii) calling (213) 372-7777, (iii) writing to: UVNV, Inc., 1550 Scenic Avenue, Suite 100, Costa Mesa, California 92626, Attn: Customer Service, or (iv) managing your account preferences on the Mint Mobile website. Written notices from you to us are considered delivered when you send an email or three (3) days after mailing to the address above.
To begin arbitration or other legal proceeding, you must serve our registered agent. Our registered agent is UVNV, Inc., and can be contacted at firstname.lastname@example.org or by telephone at (213) 372-7777.
15.1 WE MAY LIMIT, THROTTLE, SUSPEND OR TERMINATE YOUR SERVICE OR AGREEMENT WITHOUT NOTICE AT ANY TIME AND FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, if you, any user of your Device, or any user on your account: (a) breaches the Agreement; (b) transfer(s) Service to another person without our consent; (c) becomes insolvent, goes bankrupt or threatens bankruptcy (except as prohibited by law); (d) misuses your Service or Device as described in Section 14 above; (e) uses your Service or Device in a manner that is excessive, unusually burdensome, or unprofitable to us; or (f) are on a Service plan that we determine is no longer available to you. We may impose credit, usage or other limits to your Service, suspend your Service, or block certain types of calls, messages or sessions (such as international, 10XXX, 0+/0-, chat services, 900 or 976 calls), in our sole discretion and without notice.
Mint Mobile reserves the right to cancel or deactivate Mint Mobile Service or reduce data throughput speeds in order to protect its supplier’s network from harm or to protect itself from financial or other harm due to any cause including, without limitation, the excessive and/or unauthorized use of Mint Mobile Service. Mint Mobile reserves the right to limit throughput or the amount of data transferred and to deny or terminate Service to anyone Mint Mobile believes is using the Mint Mobile Service in an unauthorized manner or whose usage, in Mint Mobile’s sole discretion, adversely impacts its supplier’s network or customer service levels. Mint Mobile will presume you are engaging in an unauthorized use in violation of these T&Cs, if in Mint Mobile’s sole discretion, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, or if your talk, text or data usage is harmful or disruptive to Mint Mobile’s supplier’s network or service levels or to Mint Mobile’s financial or other interests. If we determine, in our sole discretion, that you are using your Service in violation of these T&Cs or in any other manner that we deem to be unreasonable or excessive, we may terminate individual calls or data connections, terminate or reduce data throughput or terminate your Service, decline to renew your Service, or offer you a different Service plan without an unlimited usage component which may result in an increased cost to you.
Mint Mobile may discontinue providing Mint Mobile Service to you, discontinue your account, terminate data connections and/or reduce data throughput speeds if your usage, in the sole judgment of Mint Mobile: (i) appears likely to generate abnormally high call volumes or data usage and/or abnormally long average call lengths or data usage as compared to the usage of other Mint Mobile customers; or (ii) may be harmful or disruptive to, or interfere with, Mint Mobile’s supplier’s network, Mint Mobile’s service or the ability to provide quality service to other customers. By initiating Mint Mobile Service and placing or receiving calls, you acknowledge and agree to Mint Mobile’s right to terminate your Service under these circumstances.
If we limit, suspend or terminate your Service and later reinstate your Service, you may be charged a reinstatement fee.
This paragraph constitutes notice to Puerto Rico customers that your Service may be suspended or cancelled if you engage in any of the foregoing actions in Sections 14 and 15 in accordance with the Puerto Rico Suspension Regulation 5940 of March 12, 1999, promulgated by the Telecommunications Board where applicable, or in Mint Mobile’s sole discretion. If your Service or account is limited, suspended or terminated and then reinstated, you may be charged a reactivation fee.
15.2 Refund Policy. If you have purchased one of our 30-day Service plans and we terminate or suspend your Service for any reason specified in Section 15.1 or otherwise, you will not receive any refund of amounts paid to us in connection with such Service plan. If you have purchased one of our pre-paid, multi-month Service plans and we suspend or terminate your Service for any reason specified in Section 15.1 or otherwise, we will refund a pro rata portion of your Service fee for any then-remaining 30-day Service period(s) within your Service plan, not including the 30-day Service period in which we suspend or terminate your Service.
15.3 Device Refunds and Restocking Fees. For Mint Mobile-provided Devices, SIM Kits and accessory returns and exchanges, see the applicable return policy, which is available in the Device, SIM Kit or accessory box or packaging. Some Mint Mobile-provided Devices and accessories may not be refunded or exchanged, and you may be required to pay a restocking fee. Devices offered to Mint Mobile customers, if any, will comply with the FCC’s regulations concerning hearing aid compatibility.
15.4 No Future Service. In the event Mint Mobile terminates your Mint Mobile Service for any reason specified in Section 15.1 or otherwise, we reserve the right to prohibit you from using any Mint Mobile Service plan in the future by blocking your device from our network, prohibiting you from using a new Mint Mobile Service account that you purchase, or through other means.
We may use CPNI to offer you additional services of the type you already purchase from Mint Mobile. We may also use your CPNI to offer you products and services, packages, discounts and promotions from our affiliates, which may be different from the types of services you already purchase.
Mint Mobile uses technology and security features and strict policy guidelines to safeguard the privacy of CPNI and protect it from unauthorized access or improper use. Mint Mobile does not disclose CPNI outside of Mint Mobile, its affiliates and their respective agents without customer consent except as required by law. When Mint Mobile uses third parties to perform services on its behalf that require the use of CPNI, Mint Mobile requires that they protect the CPNI consistent with this provision. Mint Mobile does not sell CPNI to unaffiliated third parties.
If you wish to restrict our use of your CPNI for marketing purposes, you may contact a customer service representative at the customer service phone number located on your Mint Mobile telephone bill or in Section 12 of these T&Cs.