Terms and Conditions

1. Please read these terms carefully as these Terms and Conditions of Service (“Terms and Conditions of Service” or “Agreement”). These Terms and Conditions of Service are a legally binding agreement between you and TAG Mobility, LLC d/b/a TAG Mobile, a Texas limited liability company that maintains its principal place of business in Houston, Texas (hereinafter referred to as “TAG Mobile” or “we”). These Terms and Conditions of Service contain important information about your consumer rights. You must be of legal age in your state of residence in order to enter into this Agreement. Except where we've agreed otherwise elsewhere in this Agreement, this Agreement and any disputes covered by it are governed by federal law and the laws of the state encompassing the area code of your wireless phone number when you accepted this Agreement, without regard to the conflicts of laws and rules of that state.
2. This Agreement becomes effective once you do the earliest of any of the following actions (i) receive notice or a copy of the Terms and Conditions of Service; (ii) give TAG Mobile a written or electronic signature, or tell TAG Mobile orally that You accept; (iii) use an TAG Mobile device (“Device”) or TAG Mobile service (“Service”); (iv) enroll in the TAG Mobile Lifeline Program; (v) activate or continue Service; (vi) register Your account with TAG Mobile; (vii) make any addition or change to Your Service; or (viii) pay for Your Service or any Device. For assistance or more information, please contact TAG Mobile's Customer Support at +1 (424) 219-5670 or +1 (800) 986-5670. If you disagree with any item contained herein, please immediately discontinue use of the Services and contact TAG Mobile Customer Support at +1 (424) 219-5670 or +1 (800) 986-5670 to terminate Service.
3. TAG Mobile reserves the right to change or modify the Terms and Conditions of Service at any time and at its sole discretion. Changes made to the Terms and Conditions of Service will become effective at the time the change is posted on the TAG Mobile website at www.tagmobile.com. Please check this website often for updates to the Terms and Conditions of Service.
4. TAG Mobile may from time to time make special promotional offers for services or devices, which may be subject to separate terms and conditions that are included in the offer and not specified in these Terms and Conditions of Service.

Lifeline is a monthly support program, funded by the Universal Service Fund and administered by the Universal Service Administrative Company (“USAC”), that reduces the cost of monthly wireless telephone service or residential home telephone service. Under applicable federal law, an eligible TAG Mobile customer may receive a Lifeline discount on wireless service, but the Lifeline discount is available for only one telephone connection per household. Lifeline support may vary between states but will at least equal the dollar amount TAG Mobile receives in Federal Universal Service Support. An TAG Mobile customer who is enrolled in the Lifeline program is referred to below as a “Subscriber.”

Subscribers may qualify for the TAG Mobile Lifeline program if they participate in one of the government programs listed below or qualified based on household income eligibility standards as defined below. When completing the TAG Mobile application, subscriber acknowledges and consents to the use of Subscriber's Name, Telephone Number, Address, Date of Birth, Last Four Digits of the Subscriber's Social Security Number, amount of support being sought, means of qualification for support and dates of service initiation and termination to be given to USAC and/or its agents for the purpose of verifying that subscriber does not receive more than one Lifeline benefit. Refusal to grant this permission will mean consumer is not eligible for Lifeline service. Subscriber grants authorization to TAG Mobile to access any records required to verify Subscriber's statements herein and to confirm continued eligibility for Lifeline assistance. This consent survives any termination of this agreement. If the Subscriber or any member of the Subscriber's family participates in a Lifeline program from another provider, the Subscriber is responsible for notifying the other provider that they have been approved for the TAG Mobile Lifeline program and request their service with the other provider be disconnected. Notice to terminate service from any other provider's Lifeline program must be given if activating new service in the TAG Mobile Lifeline program.

TAG Mobile subscribers may qualify for a Lifeline service offering if the subscriber meets certain State and Federal eligibility requirements. These requirements are determined by the state where the subscriber resides. These State and Federal eligibility requirements are also based on either program-based eligibility or income-based eligibility. TAG Mobile will determine at its sole discretion whether or not an applicant meets the eligibility requirements to participate in the TAG Mobile Lifeline program.

A. Program Based Eligibility

Program based eligibility varies by state. TAG Mobile Subscribers are eligible to receive Lifeline discounts, under the program-based eligibility, if they participate in one or more of the following programs and the state participates in that program:

• Food Stamps / Supplemental Nutrition Assistance Program (SNAP)
• Medicaid
• Supplemental Security Income (SSI)
• Federal Public Housing Assistance (Section 8)
• Veterans and Survivors Pension Benefit
• Bureau of Indian Affairs General Assistance (BIA)
• Tribal Temporary Assistance for Needy Families (Tribal TANF)
• Tribal Head Start
• Head Start (only those households meeting its income qualifying standard)
• Food Distribution Program on Indian Reservations (FDPIR)

The list of programs for program-based eligibility may change from time to time in accordance with changes in state or federal law. Please consult the latest version of TAG Mobile’s Lifeline application form for the most recent list of programs.

B. Income Based Eligibility

Income based eligibility varies by state. Some states do not offer income-based eligibility for Lifeline. TAG Mobile subscribers are eligible to receive Lifeline, under the income-based eligibility, if subscriber's household income meets or is less than 135% of the Federal Poverty Guidelines for a household of the subscriber's size. Proof of income documentation may be provided to National Verifier to demonstrate income-based eligibility.

• Last 3 months consecutive paystubs
• Last year income tax return form (Federal, State, or Tribal tax return)
• Last year W2 form
• Letter from the SSA stating the benefits customer receives per month. Letter cannot be older than 12 months
• IRS Form
• Veterans Administration Statement of Benefits
• Retirement/Pension Statement of Benefits
• Unemployment/Workers' Compensation Statement of Benefits
• Divorce Decree
• Child Support Award Letter
• Letter from Employer verifying income
• Any other official documents with income information

The income-based eligibility criteria may change from time to time in accordance with changes in state or federal law. Please consult the latest version of TAG Mobile’s Lifeline application form for the most recent list of income-based criteria.

C. Lifeline Program Rules

Subscribers applying for Service in TAG Mobile Lifeline program agree to, and declare under penalty and perjury, that all of the following conditions below apply:

• Subscriber meets the income-based or program-based eligibility criteria for receiving Lifeline service and have provided documentation of eligibility if required.
• Subscriber does not participate in any other Lifeline program.
• If Subscriber participates in another Lifeline program at the time applying for TAG Mobile Lifeline service, the Subscriber agrees to cancel Lifeline service with any other provider.
• Subscriber agrees to immediately, and no later than within 30 days, notify TAG Mobile of any address change.
• Subscriber meets the head-of-household requirement and is not claimed as a dependent on another person's tax returns (unless over the age of 60).
• Subscriber will immediately, and no later than within 30 days, notify TAG Mobile if they no longer participate in at least one of the state or federal programs required to receive Lifeline discounts or no longer satisfy the criteria for receiving the Lifeline discount.
• Subscriber acknowledges that providing false or fraudulent information to receive Lifeline benefits is punishable by law.
• Subscriber may be required to re-certify continued eligibility for Lifeline at any time, and failure to recertify as to subscriber's continued eligibility within 30 days will result in de-enrollment and the termination of the subscriber's Lifeline benefits.

By applying for TAG Mobile’s Lifeline program, Subscriber authorizes representatives of any state or federal assistance program to discuss or provide documentation needed to verify Lifeline participation eligibility requested by TAG Mobile.

D. Lifeline Plan.

Please visit TAG Mobile’s Plans webpage for details and up-to-date information on Lifeline plan offerings https://tagmobile.com/plans.

E. Customer Support.

TAG Mobile customer support can be reached at +1 (424) 219-5670 or +1 (800) 986-5670, or by visitng our website at https://tagmobile.com/help-center. TAG Mobile may require subscribers to call the customer support from another phone if necessary to resolve technical issues related to the handset or its programming. Although TAG Mobile does not charge for its customer support line, your carrier for your other phone may charge for the airtime.

F. Complaints/Disputes.

Unresolved questions or complaints regarding Lifeline service may be directed to the following state offices or agencies:

California: CPUC Consumer Affairs Branch, California Public Utilities Commission, 505 Van Ness Avenue, San Francisco, CA 94102; telephone: 1-800-649-7570, online at: www.cpuc.ca.gov/cab.

Colorado: Colorado Public Utilities Commission, Consumer Affairs, 1560Broadway, Suite 250, Denver Colorado 80202, Phone 303-894-2070 or 800-456-0858, FAX 303-894-2432, email PUC [email protected].

Pennsylvania: Pennsylvania Public Utility Commission, Bureau of Consumer Services P.O. Box3265, Harrisburg, PA 17105-3265 or call 1-800-692-7380 or online at www.puc.pa.gov.

Washington: Washington State Office of Attorney General, Consumer Protection Division at 1(800) 551-4636.

A. Service Activation; Phone Numbers; BYOD.

Upon enrollment with TAG Mobile, you may have the option of using your own phone (Bring Your Own Device or “BYOD”) or purchasing a TAG Mobile Phone. Subscribers who successfully submit a TAG Mobile application for the Lifeline program will receive a free SIM card, and the number assigned to your TAG Mobile Phone at the time of activation will not be changed, unless required by a Carrier or if it is otherwise lost, following deactivation. TAG Mobile Service can only be activated where TAG Mobile Service is offered and supported by TAG Mobile, and is provided at TAG Mobile’s discretion. Some functions, including potentially e911 services, and features referenced in the manufacturer’s manual provided with your TAG Mobile Phone may not be available.TAG Mobile may modify or cancel any TAG Mobile Service, or take corrective action at any time, without prior notice and for any reason, including, but not limited to, your violation of this Agreement. Further, we may remotely change your Phone’s software, applications, or programming, without notice. This could affect your stored data, device’s programming or how you may be able to use the Phone. Eligible first-time Lifeline Subscribers may qualify for a wireless phone provided by TAG Mobile at no charge, subject to availability.

The wireless phone number TAG Mobile provides for subscribers to use is and will remain the property of TAG Mobile. TAG Mobile may release a Subscriber's wireless phone number to another Subscriber, without giving notice, if the Subscriber cancels service with TAG Mobile, or if the account expires or is deactivated. Subscribers may transfer a wireless number prior to the wireless number being reissued to another Subscriber. TAG Mobile reserves the right to change a wireless number at any time. TAG Mobile will attempt to notify the Subscriber prior to any change.

In some situations, a subscriber may transfer an existing carrier telephone number to their TAG Mobile service for use as a TAG Mobile phone number. To switch an existing phone number to TAG Mobile, please contact TAG Mobile' Customer Service at +1 (424) 219-5670 or +1 (800) 986-5670. Before calling, please have a bill available from the existing carrier. When a Subscriber transfers from another wireless carrier to TAG Mobile, the Subscriber may have to pay a termination fee to the former carrier to early terminate the contract. TAG Mobile will not reimburse a subscriber for any termination fees imposed by other carriers.

If you submit a Port-In request to use your own number during the enrollment process:

• Once your application is approved, the Port-In request will be processed during order fulfillment.
• Your phone number will be activated, causing service disconnection from your previous provider.
• You may experience service interruption on your phone number until your TAG Mobile order arrives.

To avoid service interruption, submit your Port-In request after receiving your TAG Mobile order with a new TAG Mobile phone number.

Important Reminders:

• Your current number must remain active with your previous provider until the Port-In is completed and activated with TAG Mobile.

If your Port-In request fails during order fulfillment:

• Your TAG Mobile order will be processed with a new phone number.
• You will receive an email/SMS notification to resolve the Port-In issue.
• By proceeding with a Port-In request during enrollment, you acknowledge and accept these conditions.

We do not 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 the Services associated with that number.

TAG Mobile affords Subscribers the option to use their own mobile phone or device, as long as it is compatible with TAG Mobile's Lifeline service and network, under its Bring Your Own Device (“BYOD”) Program.

If you are activating your own phone under the BYOD, you are responsible for ensuring that the phone is unlocked, is compatible with the TAG Mobile Lifeline Service, does not interfere with the TAG Mobile Service, and complies with all applicable laws, rules and regulations. You are also responsible for ensuring that your phone meets all federal laws and standards. You are further responsible for the purchase and maintenance of any additional hardware and/or software required to use the Service. Not all aspects of the TAG Mobile Service may function on all phones not provided by TAG Mobile, including those activated under BYOD. Additionally, some functions and features available on other carrier networks or referenced in the manufacturer's manual provided with your phone may not be available when using the TAG Mobile Service. Please consult additional terms for BYOD at https://tagmobile.com/shop/byop.

For all free wireless handsets subsidized by TAG Mobile, we make every effort to fulfill your order and ship the device make and model you selected during the application process. Occasionally, a Device may become unavailable after you have submitted your order. In that case, we reserve the right to select an alternate phone (a different make and model than the one you selected) of equal or greater value as determined by TAG Mobile.

B. Network and Availability; Roaming.

The telecommunications networks used to transmit calls for the TAG Mobile Service are owned and operated by various licensed commercial mobile radio service providers ("Carriers"), not TAG Mobile. TAG Mobile provides mobile telecommunications services using the mobile wireless network of its underlying Carrier(s). TAG Mobile does not guarantee coverage availability in all areas. Local phone numbers may not be available in all areas.

In order to verify if you reside within a service area, please visit https://tagmobile.com. You may enter your ZIP code or locate coverage maps on the website to verify coverage. The map is only an approximation of actual coverage and may differ substantially from the areas of coverage shown on the website. Coverage can be affected by many factors such as weather, terrain, buildings, equipment, signal strength or many other factors that may affect network coverage. TAG Mobile does not guarantee coverage or network availability.

TAG Mobile services use radio transmissions and are therefore affected by limitations. Coverage is not available everywhere. Quality of service may be affected by conditions beyond TAG Mobile’s control, including atmospheric, geographical, or topographical conditions. Service may also be affected by damage to wireless handsets. TAG Mobile does not guarantee, or warrant, that service will be available at any specific time or geographical location, or that service will be provided without possible interruption.

Roaming occurs when a subscriber of one wireless service provider uses the facilities of another wireless service provider. Roaming most often occurs when you make and receive calls outside of the network coverage area of your service provider. When your TAG Mobile Device is roaming within the United States, an indicator light on your Device may display the word "Roam", or "RM", while the Device is not in use.

Domestic Roaming. There are no additional charges for roaming. However, availability, quality of coverage, and Lifeline Services while roaming are not guaranteed. In addition, you still must use your Device predominantly within TAG Mobile’s service area. Thus, TAG Mobile may suspend, limit or cancel your continued use of other carriers’ networks if you exceed the following thresholds while roaming:

• Voice: If you use more than 750 minutes during any month.
• Data: If you use more than 100 megabytes of data during any month.
• Texts: If you use more than 3,000 text messages during any month

If you continue to go over 100MB of roaming data use, you may lose data access until your next bill period starts. This restriction won't affect talk, text, or Wi-Fi access; and it will not affect on-net data usage. We'll send you a text to let you know your line is being restricted. International roaming is not currently available for Lifeline customers.

International Roaming. International roaming is not currently available but may be made available in the future as an add-on service subject to additional rates, terms, and conditions. Please visit https://tagmobile.com/plans for additional details when international roaming becomes available.

C. Devices.

TAG Mobile Devices are provided as part of our Service plans and are locked to operate exclusively on the TAG Mobile network.

• Unlocking Policy: TAG Mobile does not provide unlocking services for any Devices obtained through our Service. Customers agree that Devices provided are intended solely for use with TAG Mobile services and cannot be used with any other carrier.
• Network Restriction: Attempts to unlock or alter the device’s network settings may result in permanent damage to the device and void any warranties.

We guarantee that Devices provided will function as intended exclusively with TAG Mobile services within the limited warranty period.

• No Guarantee for Other Networks: TAG Mobile does not warrant or guarantee Device functionality, compatibility, or performance on any other network, even if the device is unlocked by a third party.

The TAG Mobile Device is provided exclusively for use by you, the end consumer, with the TAG Mobile Service available solely in the United States and under service plans available under these Terms and Conditions. Any other use of your TAG Mobile Device, including, but not limited to, resale, unlocking, and/or re-flashing of the phone, is unauthorized and constitutes a violation of your agreement with TAG Mobile. You agree not to engage in any other unauthorized or illegal use of your TAG Mobile Device or the Service or assist others in such acts; or to sell and/or export TAG Mobile Devices outside of the United States. These acts violate TAG Mobile's rights and state and federal laws. Improper, illegal, or unauthorized use of your TAG Mobile Device is a violation of this agreement and may result in immediate discontinuance of services and legal action against you. TAG Mobile will prosecute violators fully of the law.

Some TAG Mobile Devices have SIM cards. If your TAG Mobile Device has a SIM card, then you agree to safeguard your SIM card and not to allow any unauthorized person to use your SIM card. You agree not to allow any other person to, directly or indirectly alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the encryption mechanisms of, your SIM card.

Subscribers are allowed to install their TAG Mobile SIM card or eSIM in any compatible, unlocked phone. To ensure the functionality of all services, it is essential to apply the correct APN settings on the new device. Failure to use a compatible, unlocked phone or configure the correct APN settings may result in service interruptions.

The Carriers, TAG Mobile, or its service providers, may, from time to time, remotely update or change the encoded information on your SIM card. Your TAG Mobile Device is restricted from operating when you are located anywhere outside of the United States, including offshore or in international waters. In the event of suspension for this or any other unauthorized usage, you will not be entitled to receive any refunds for unused airtime.

D. Additional Terms for Free or Discounted Devices.

During the online enrollment process, Subscribers that select a free or discounted Device subsidized by TAG Mobile also agree to the following terms:

• Subscriber agrees to commit to being a Subscriber of TAG Mobile’s Service for at least 180 consecutive days. If at any time during this 180-day period Subscriber terminates Service, for any reason, Subscriber will be responsible for the full, undiscounted cost of the Device received. The undiscounted cost of the Device is identified next to the statement “No commitment” during the enrollment process.
• Subscriber agrees that if Subscriber’s Lifeline Service is transferred from TAG Mobile to another provider before the end of the 180-day period, TAG Mobile may contact Subscriber via SMS and/or email to confirm that Subscriber requested the transfer before the expiration of the 180-day period.
• Subscriber agrees that if Subscribers transfers to another provider within the 180-day period and not transfer back to TAG Mobile by the end of the month in which the first transfer occurred, Subscriber will be responsible for the full, undiscounted cost of the Device received, reduced on a pro-rated basis by the number of months during which Subscriber subscribed to TAG Mobile Service within the 180-day period. By way of example, if Subscriber transfers Service after 3 months and does not transfer back within the same month, Subscriber will be responsible for half of the full, undiscounted cost of the Device received.

E. Permitted Use.

TAG Mobile Service is for personal use only and may not be used in a manner that interferes with another TAG Mobile customer's use of service. TAG Mobile services are provided solely for live dialogue between two individuals. TAG Mobile services may not be used for any type of monitoring services, any data transmissions, or other non-personal related connections that do not consist of uninterrupted live dialogue between two individuals.

TAG Mobile has determined that its ability to provide good service to its customers may be impaired when customers place abnormally high number of calls, sends, or receive unusually high number of messages, or repeatedly place calls of unusually long duration, relative to typical usage by other TAG Mobile customers on similar service plans. Such non-typical usage suggests that a wireless phone is being used for other than personal use and is in violation of these Terms and Conditions of Service.

By applying or activating or using service with TAG Mobile, you agree not to use TAG Mobile Services in any way that is illegal, abusive, or fraudulent. This will be determined by TAG Mobile in its sole discretion. You may also not alter any of the software or hardware on your TAG Mobile handset for any purpose. TAG Mobile phones may not be sold to third parties.

An TAG Mobile customer account may be terminated, without notice, if a customer's usage is determined to be used in violation of the Terms and Conditions of Service for non-personal use, pager service, voicemail retrieval service, or other uses deemed inappropriate.

F. 911 Service.

Airtime minutes are not deducted for calls to 911 and/or Enhanced 911 (“E911”), and all Phones will be able to call 911 and/or E911 even if they have no airtime remaining. However, occasionally a subscriber may attempt to call 911 in an area where there is no wireless coverage. If there is no wireless coverage, a subscriber's call to 911 may not go through and the subscriber should dial 911 from the nearest landline phone. If there is no wireless coverage, your call to 911 may not go though and you should dial 911 from the nearest landline phone. You should therefore never solely rely on your wireless phone for emergency calls.

G. Voice Calls.

Airtime charges apply to standard voice usage calls for both local, domestic long-distance calls, and international services that are subject to additional Terms and Conditions. TAG Mobile voice usage is deducted in full-minute increments and all partial minutes are rounded up to the next minute. Airtime usage is rounded up to the nearest whole minute. Airtime applies to all message retrieval and voice calls. Unanswered outbound calls will be billed if the ring time exceeds 30 seconds. Ring time is defined as the amount of time between the point when a call is initiated (pressing the TALK button) and when it is answered (or terminated before being answered). Credits will not be given for dropped calls. Any unused airtime that expires is forfeited upon expiration or termination of eligibility in the TAG Mobile Lifeline program. An TAG Mobile customer must have airtime minutes available to make or receive a call. TAG Mobile handsets will only make or receive calls when you have airtime minutes available on your wireless account. If you run out of your allotment of airtime, you may purchase and add additional airtime to your account.

TAG Mobile Calling Features include Caller ID, Call Waiting, Three-Way Calling, Call Forwarding, and Voicemail. Caller ID may display both your billing name and your wireless number when placing outbound calls. TAG Mobile does not have the ability to block your name and number when making outbound calls.

International calling is not allowed on any TAG Mobile Plan unless you have purchased or enrolled in an international calling plan subject to additional Terms and Conditions.

Directory assistance calls are not charged at a rate per call. Directory assistance calls are deducted from subscriber's available minutes at a 1:1 ratio. TAG Mobile reserves the right to assess a rate per call in the future. Notice of such will be added to these Terms of Service and will be posted to our website.

Calls to 900/976 or other pay-per-call service numbers are not available to TAG Mobile Subscribers. TAG Mobile will block any calls to 900, 976, some international calling, or other pay-per-call services. However, if any charges are received by TAG Mobile from the underlining carrier for these types of calls, these charges will be passed through to the Subscriber for payment. Nonpayment of these charges when billed to the Subscriber will constitute automatic disconnection of service.

Calls placed to 800/866/877 or other toll-free numbers will incur standard minute usage of a 1:1 ratio. TAG Mobile allows subscribers to make or receive domestic long-distance calls inside the domestic USA if coverage is available and for other services provided in these Terms and Conditions of Service. TAG Mobile Subscriber handsets do not provide rate information for services used to make or receive voice calls or messages.

Voice minutes are not deducted for calls to 911, *611, 988, or TAG Mobile Customer Support. All phones will be able to call 911, even if they have no minutes remaining. TAG Mobile may require the customer to call the toll-free customer care number from another phone if necessary to resolve technical issues related to the handset or its programming.

Please contact TAG Mobile Customer Service at +1 (424) 219-5670 or +1 (800) 986-5670, or visit our website at https://tagmobile.com, for additional pricing information or answers to any questions about TAG Mobile.

H. Data Service.

Our data Services and your Device may allow you to access the Internet, text, pictures, video, games, graphics, music, email, applications, sound and other materials (“Data Content”) or send Data Content elsewhere. Some Data Content is available from our vendors, or us while other Data Content can be accessed from others (for example, third party websites, games, ringers, applications, etc.).

TAG Mobile makes no guarantees about the Data Content that you access on your Device. Data Content may be: (1) unsuitable for children/minors; (2) unreliable or inaccurate; or (3) offensive, indecent, or objectionable. You are solely responsible for evaluating the Data Content accessed by you or anyone through your Services. We strongly recommend that you monitor your data usage by children/minors. Data Content from third parties may also harm your Device or its software. We are not responsible for any Data Content. We are not responsible for any damage caused by any Data Content that you access through your Services, that you load on your Device, or that you request that our representatives' access or load on your Device. To protect our networks and Services or for other reasons, we may place restrictions on accessing certain Data Content (such as certain websites, applications, etc.); impose separate charges; limit throughput or the amount of data that you can transfer; or otherwise limit or terminate Services. If we provide you storage for Data Content that you have purchased, then we may delete the Data Content without notice or place restrictions/limits on the use of storage areas. Data Content stored on a Device, transmitted over our networks, or stored by TAG Mobile may be deleted modified, or damaged. You may not be able to make or receive voice calls while using data Services. Data Content provided by our vendors or third parties is subject to cancellation or termination at any time without notice to you and you may not receive a refund for any unused portion of the Data Content.

In addition to the rules for using all of our other Services, unless we identify the Service or Device that you have selected as specifically intended for that purpose (for example, wireless routers, Data Link, etc.), you may not use our data Services: (1) with server devices or host computer applications, or other systems that drive continuous, heavy traffic or data sessions; (2) as a substitute or backup for private lines or frame relay connections; or (3) for any other unintended use as we determine in our sole discretion. We reserve the right to limit, suspend, or constrain any heavy, continuous data usage that adversely impacts our networks' performance or hinders access to our networks. If your Services include Web or data access, you also can't use your Device as a modem for computers or other equipment, unless we identify the Service or Device you have selected as specifically intended for that purpose (for example, with “phone as modem” plans, broadband internet access service, mobile broadband card plans, wireless router plans, etc.).

If you use all your monthly data before a new monthly cycle starts and you add an Additional Data Offering Plan to your account, you will be charged based off the Data Offering Plan you choose for data. Subscribers may add an Additional Data Offering Plan or service to their TAG Mobile account online or over the phone to your account by paying by credit/debit card. TAG Mobile Additional Data Offering Plans come in various increments. Sales taxes may apply and maybe added to the minute plan purchased. All data plans offered by TAG Mobile include a limit (CAP) on the amount of data a subscriber can use. Purchased Data Plans cannot be transferred or applied to any other wireless service or account.

I. Text Messaging.

With your TAG Mobile Lifeline Service, you will receive a free unlimited allotment of Short Message Service (“SMS”) to send and/or open text messages. An TAG Mobile customer can send and receive text messages of up to 160 characters. This text message includes the address and subject line. The type of messages a device can receive will depend on the wireless handset capabilities. TAG Mobile text messaging may not be used for certain unauthorized uses that adversely impact our service. Examples of unauthorized uses include, without limitation, the automated text or picture messaging to another mobile device or e-mail address; or messaging for commercial purposes. A customer engaged in any unauthorized use of TAG Mobile Service may have his/her Service terminated, without prior notice.

TAG Mobile plans do not include international text messaging services unless explicitly stated in the plan details. Subscribers will be unable to send international text messages using our service. Premium SMS is a text message to a designated “short code.” Buying or attempting to buy SMS services from anyone other than TAG Mobile is strictly prohibited. Premium SMS campaigns may include activities such as sending a vote, playing a game, expressing opinions, subscribing to some type of service, or some type of interaction with a television program. TAG Mobile does not participate in Premium SMS services or campaigns. You are solely responsible for any charges incurred for Premium SMS services or campaigns. Any text messages sent to a “short code” using TAG Mobile service will not likely be successfully sent or received. Any charges you may incur as a result of any attempts to participate in Premium SMS campaigns or services are not refundable, regardless of whether you incur charges as deductions from your TAG Mobile minutes.

Subscribers receiving unwanted text messages (“spam”) should contact the source and request to unsubscribe or remove the Subscriber's wireless phone number from the service. If an TAG Mobile Subscriber intentionally sends spam from an TAG Mobile handset, the subscriber may be terminated without notice. Contact TAG Mobile Customer Service at toll free +1 (424) 219-5670 or +1 (800) 986-5670 if additional help or information is required.

Multimedia Messaging Service (MMS) availability and functionality are limited and subject to the Subscriber’s specific plan and monthly allowance.

• Plan-Based Availability: MMS capabilities, including sending and receiving picture or video messages, may vary based on the selected Service plan. Customers should refer to their plan details for MMS limits or restrictions.
• Service Limitations: MMS services may also be affected by network congestion, geographic location, or other factors beyond our control.

J. Taxes and Surcharges

TAG Mobile charges state and local sales taxes, regulatory fees, and other applicable surcharges. Pricing listed on the TAG Mobile website or listed in advertising methods for wireless service may not include certain taxes or surcharges. Subscribers are responsible for all charges applicable to the use of TAG Mobile service regardless of if the subscriber was the actual user of the service. The amount of these taxes and surcharges are subject to change and may vary by geographic area. TAG Mobile may charge and collect sales taxes and regulatory fees on all Additional Minutes or Data Offering Plans in each state. Third party authorized retailers who sell TAG Mobile Additional Minutes or Data Offering Plans may become responsible for the collecting and paying of sales taxes and required regulatory fees for transactions that occur through such third party authorized retailers. Changes to a tax or surcharge will become effective as provided by the appropriate taxing authority and changes to applicable contribution amounts for Federal Universal Service Fund (“FUSF”) will apply. Taxes and fees are subject to change without notice.

K. Bundling

Bundle offer is a promotional offer and is not eligible for an itemized refund.

A. Refunds.

TAG Mobile is not responsible for, nor will we refund any lost, stolen, misused, or damaged TAG Mobile Devices. TAG Mobile does not accept returns or provide refunds unless TAG Mobile determines in its sole and absolute discretion that it did not provide the Service. All purchases of TAG Mobile Additional Minutes or Data Offering Plans are final and non-refundable regardless of who uses or possesses the Subscriber's wireless phone after airtime is purchased, and regardless of whether the Device is used with the Subscriber's consent or knowledge. Monthly charges are non-refundable.

B. Returns.

Devices purchased directly from or received from TAG Mobile may be returned for a full refund within 15 days of receipt. A Subscriber must return the complete Device as received at the time of activation. For instructions, please contact TAG Mobile' Customer Service at +1 (424) 219-5670 or +1 (800) 986-5670. TAG Mobile provides new and used wireless handsets to Subscribers. All handset models provided to Lifeline Subscribers are selected at the sole discretion of TAG Mobile. Handset models may vary. TAG Mobile reserves the right to replace handsets with various models at its sole discretion.

C. Lost or Stolen Devices.

If an TAG Mobile subscriber loses or has their handset stolen, the subscriber is responsible for all charges incurred until TAG Mobile is notified of the loss or theft. To report a lost or stolen wireless phone, please contact TAG Mobile Customer Service at +1 (424) 219-5670 or +1 (800) 986-5670.

Subscribers can request to temporarily suspend the phone line while waiting for a new SIM or device replacement. If the lost device or SIM is found, it is important for the subscriber to request the removal of the phone line suspension to resume service.

To avoid Service termination and loss of the TAG Mobile phone number due to non-usage, please refer to Section 5.B below. Subscribers can continue using the service by purchasing an upgraded or standard replacement device, or obtaining a SIM/eSIM to use with their own compatible unlocked device via the user portal or by contacting Customer Support.

A. Annual Re-Enrollment.

As an TAG Mobile Subscriber, you are eligible to receive TAG Mobile Lifeline Service for up to one (1) year upon your enrollment and using the device in the TAG Mobile Lifeline Program, and you are eligible to receive up to one additional year following each successful Annual Recertification for your continued program eligibility in the TAG Mobile Lifeline Program based on your continued eligibility to participate in the program and your continued usage of the TAG Mobile Lifeline Service.

B. Termination for Non-Usage.

If you do not use your Lifeline Service for a period of 30 consecutive days, you will receive notice with a fifteen (15) day grace period to correct the non-usage. If you do not respond to the notice, you will be de-enrolled, and deactivation of Lifeline Service will occur, regardless of the service end date. If it is found that you no longer meet the requirements or eligibility guidelines to receive TAG Mobile Lifeline Service you will be de-enrolled, and deactivation of TAG Mobile Lifeline Service will occur. Upon de-enrollment from the TAG Mobile Lifeline Service, you will cease receiving the discounted or free monthly allotment of airtime or data.

If you exceed 45 days without any usage, you will be de-enrolled from the TAG Mobile Lifeline Service. Any of these activities, if undertaken by the Subscriber, will establish “usage” of the TAG Mobile Lifeline Service: (i) Completion of an outbound call; (ii) Purchase of Data from TAG Mobile to add to the subscriber's service plan; (iii) Answering an incoming call from a party other than the TAG Mobile or TAG Mobile 's agents or representatives; (iv) Responding to direct contact from TAG Mobile and confirming that you want to continue receiving the TAG Mobile Lifeline service; or (v) Sending a text message; or (vi) Using data.

TAG Mobile's provision of Service begins on the 1st calendar day of each month. If, at any time during a calendar month, a TAG Mobile customer terminates his/her Service, the customer Service will be cancelled in accordance with TAG Mobile's policies and procedures.

C. Termination for Impermissible Use.

You agree not to give away, resell, or offer to resell the TAG Mobile Device or service provided by the TAG Mobile Lifeline program. You also agree your TAG Mobile Device will not be used for any purpose that is not allowed by this agreement or that is illegal. TAG Mobile can, without notice, limit, suspend, or end your service and de-enroll you from the TAG Mobile Lifeline program for violating this provision or for any other good cause, including, but not limited to, if you:

(a) violate any of the Terms and Conditions of Service;
(b) lie to any representative of TAG Mobile or attempt to defraud any representative of TAG Mobile;
(c) allow anyone to tamper with your TAG Mobile Device;
(d) threaten or commit violence against any representative of TAG Mobile, any of our employees, or Customer Support Representatives;
(e) use vulgar and/or inappropriate language when interacting with TAG Mobile representatives;
(f) steal from TAG Mobile;
(g) harass TAG Mobile representatives;
(h) interfere with TAG Mobile operations;
(i) engage in abusive messaging, emailing, or calling;
(j) modify your device from its manufacturer's specification;
(k) use the service in a way that adversely affects our network or the service available to TAG Mobile's other customers;
(l) engage in spamming, traffic pumping, or any fraudulent activity;
(m) misuse the service for stolen identity purposes;
(n) continue to use the service when you are no longer eligible for the Lifeline benefit.

We reserve the right to, without notice, limit, suspend, or end your service for any other operational or governmental reason. In addition to permanently terminating your service, criminal offenses (i.e., selling or giving away your service; threatening violence, etc.) will be reported to the appropriate legal authorities for prosecution.

TAG Mobile will not be liable to you for any direct or indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost or potential profits (regardless of whether it has been notified such loss may occur) by reason of any act or omission in its provision of equipment and/or Services. TAG Mobile will not be liable for any act or omission of any other company furnishing a part of our Services, or our Devices or for any damages that result from any Service or Device provided by or manufactured by affiliated or non-affiliated third parties. TAG Mobile is not responsible, at any time, and shall not be liable to you or anyone else for any personal information such as user names, passwords, contacts, pictures, SMS, or any additional content you may have stored on your phone or which may remain on your phone during and/or after you no longer have service with TAG Mobile. Unless prohibited by law, you agree to limit claims for damages or other monetary relief against each other to direct and actual damages. TAG Mobile assumes no risk or responsibility for a Subscriber's use of any content provided by TAG Mobile Services. There is no fiduciary duty that exists between you and TAG Mobile or its affiliates. You also agree that TAG Mobile will not be liable for any missed voice mails, any messages from your voicemail system, any data content, or any storage or deletion of contacts from a handset address book provided by TAG Mobile.

By agreeing to Terms and Conditions of Service herein, you also agree to the terms of TAG Mobile Privacy Policy available online at https://tagmobile.com/privacy-policy. The Privacy Policy may change from time to time and includes important information on what data we collect about you, how we use this data and with whom we share that data. Customer Proprietary Network Information (CPNI) is information that TAG Mobile obtains when providing your telecommunications services to you. CPNI includes the types of telecommunications services you currently purchase, how you use them, and the billing information related to those services, including items such as the types of local, long distance and wireless telecommunications services that you have purchased and your calling details. Your telephone, name and address are not considered CPNI. No CPNI will be shared with third parties/affiliates for marketing/promotional purposes.

By agreeing to these Terms and Conditions of Service, you expressly consent to and authorize TAG Mobile and its affiliates, agents, and its third-party representatives to use written, electronic or verbal means to contact you for any reason, including regarding information about your Service, Device, Service reminders, payment reminders, payment confirmations, renewal confirmations, requisite notices and marketing of any kind, including offers, solicitations, and promotions. This consent includes, but is not limited to, contact by manual calling methods, prerecorded or artificial voice messages, text messages, push notifications, emails, and/or automatic telephone dialing systems. You agree that TAG Mobile and its affiliates, agents, and its third-party representatives may, now or in the future, use any email address or the telephone number that you are assigned for your TAG Mobile Service, to contact you for any reason, regardless of whether you incur charges as a result. You further agree that TAG Mobile may contact you via email or text at ANY TIME.

Subject to your right to opt out as set forth below, this consent may not be revoked. You have the right to opt out from receiving marketing communications from TAG Mobile at any time. You may exercise this right to opt out by unsubscribing from email or SMS marketing through available set mechanisms, or calling +1 (424) 219-5670 or +1 (800) 986-5670.

Service is subject to transmission limitations caused by certain equipment and compatibility issues, atmospheric, topographical, and other conditions. Further, Services may be temporarily refused, limited, interrupted, or curtailed due to system capacity limitations, technology migration, or limitations imposed by TAG Mobile or the Carriers, or because of equipment modifications, upgrades, repairs, relocations, or other similar activities necessary or proper for the operation or improvement of TAG Mobile or the Carriers's radio telephone system. At any time, TAG Mobile reserves the right to substitute and/or replace any TAG Mobile equipment (including Mobile Devices) with other TAG Mobile equipment (including Mobile Devices) of comparable quality. Some functions and features referenced in the manufacturer's manual for a particular TAG Mobile Mobile Device may not be available on your phone. TAG Mobile does not warrant or guarantee availability of network or of any services at any specific time or geographic location or that the services will be provided without interruption. TAG Mobile does not guarantee access to 911 services where there is not or limited wireless coverage, a subscriber's 911 call may not go through; subscribers should dial 911 from the nearest landline phone. Neither TAG Mobile, nor any carrier, shall have any liability for service failures, outages, or limitations of service. Because of the risk of being struck by lightning, you should not use your TAG Mobile Mobile Device outside during a lightning storm. You should also unplug the TAG Mobile Mobile Device power cord and charger to avoid electrical shock and/or fire during a lightning storm. In the event TAG Mobile determines that it is necessary to interrupt the Services for any reason or there is the potential for a Services interruption due to system maintenance, TAG Mobile will use reasonable efforts to notify you prior to the performance of such maintenance and will attempt to schedule such maintenance during non-peak hours.

TAG Mobile intends to fully comply with the Communications Assistance for Law Enforcement Act and other similar laws or regulations. By use of the Services, you agree that, if and as required by law enforcement entities, TAG Mobile may monitor or facilitate monitoring, and otherwise disclose the nature and content of communications transmitted through the Services or the Mobile Device without any further notice or liability.

To the full extent by law, you agree to hold harmless and indemnify TAG Mobile and its affiliates and their respective officers, agents, directors, partners and employees, from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including any costs, expenses or attorneys' fees on account thereof), directly or indirectly, resulting from your use of TAG Mobile Devices and services, or another person whom you authorize or not to use your Devices or Services, whether based in contract or tort (including strict liability) and regardless of the form of action. This obligation shall survive any expiration or termination of your service with TAG Mobile.

A Subscriber may reside in a state that does not allow disclaimers of implied warranties or limits remedies for breach. Therefore, the above exclusions or limitations may not apply to all Subscribers. A Subscriber may have other legal rights that vary by state.

EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THESE TERMS AND CONDITIONS OF SERVICE, 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.

You may send notices to TAG Mobile by mail, 9920 Brooklet Drive, Houston, TX 77099. Notices will be considered effective after received by TAG Mobile. If a Subscriber is unable to resolve concerns with TAG Mobile, the Subscriber may file a complaint with the Federal Communications Commission or the Subscriber’s state public utilities commission. Any notice sent to a Subscriber will be sent to your last known residence we have on file, or via text message to your TAG Mobile phone, or via text message to your alternative phone, or via email to your email.

The TAG Mobile Terms and Conditions of Service, contained herein, supersede all oral or written communications and understandings between you and TAG Mobile with respect to products and services provided to you and the terms under which they are offered to you by TAG Mobile. The surviving sections of this Terms and Conditions of Service shall continue to be valid and enforceable in the event that any part of these Terms and Conditions of Service is declared invalid, not applicable, or becomes unenforceable. There are no provisions of these Terms and Conditions of Service that provide any person or any entity that is not a party to these Terms and Conditions of Service with any remedy, liability, claim, reimbursement, or any cause of action, or that creates any other third-party beneficiary rights. Any legal dispute, unless otherwise specified herein, shall be subject to the exclusive jurisdiction of the federal or state courts located within the state of Texas. TAG Mobile reserves the right to suspend or terminate any subscriber's access to TAG Mobile services or to the TAG Mobile website or affiliated websites, at any time, should we determine in our sole discretion that a subscriber has violated any of these Terms and Conditions of Service or any other policy of TAG Mobile, its affiliates, or for any other reason at the sole discretion of TAG Mobile.