Terms & Conditions - Read Our Agreements & Policies - Tracfone

TRACFONE WIRELESS TERMS AND CONDITIONS OF SERVICE, AGREEMENT TO ARBITRATE DISPUTES, AND EXPRESS WRITTEN CONSENT TO RECEIVE COMMUNICATIONS

II. Express Written Consent to Receive Communications

III. Terms and Conditions of Service

THESE TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND REQUIRE THAT CERTAIN DISPUTES BE RESOLVED THROUGH ARBITRATION INSTEAD OF A COURT TRIAL. FOR MORE INFORMATION SEE SECTION I BELOW.

Binding Agreement. Please read these Terms and Conditions of Service, Agreement to Arbitrate Disputes, and Express Written Consent to Receive Communications from Tracfone (“Agreement” or “Terms and Conditions”) carefully. These Terms and Conditions are a legally binding agreement between You and Verizon Value, Inc., a Delaware corporation that maintains its principal place of business in Miami, Florida (hereinafter referred to as “Verizon Value” or “Tracfone”). Tracfone is a registered trademark of Verizon Value, Inc., a Verizon company.

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.

Acceptance of Terms and Conditions. Your acceptance of the Terms and Conditions in this Agreement occurs when you do the earliest of any of the following actions (i) receive notice or a copy of the Tracfone Terms and Conditions; (ii) give Tracfone a written or electronic signature, or tell Tracfone orally that You accept; (iii) use a Tracfone Product (“Product”) or Tracfone Service (“Service); (iv) activate or continue Service; (v) register Your Account with Tracfone; (vi) use Your Service after Your Service is activated; (vii) make any addition or change to Your Service; or (viii) pay for Your Service or any Product. For assistance or more information, please contact Tracfone Customer Care at 1-800-867-7183.

Tracfone reserves the right to change or modify any of these Terms and Conditions at any time. Any changes or modifications to these Terms and Conditions are effective and will be binding upon you when posted on our website at tracfone.com. Because these Terms and Conditions are subject to change at any time, you should always check our website for the most current Terms and Conditions. Notwithstanding this provision, if we make any changes to the dispute resolution provision of this Agreement, such changes will not affect the resolution of any disputes that arose before such change, unless you want them to apply to a pending dispute. For assistance or more information about your Tracfone Product or Service, please contact Tracfone Customer Care at 1-800-867-7183.

I. AGREEMENT TO ARBITRATE DISPUTES

Important Notice: Many customer concerns can be resolved quickly and to your satisfaction by contacting the Customer Care Department, at 1-800-867-7183. If we are unable to resolve your dispute, then you and we agree to resolve all disputes in arbitration or small claims court as described below.

YOU UNDERSTAND THAT BY THIS AGREEMENT YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY. WHILE THE PROCEDURES IN ARBITRATION MAY BE DIFFERENT, AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD, SUBJECT TO THE LIMITS ON ARBITRATOR AUTHORITY SET FORTH BELOW. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS' FEES, AN ARBITRATOR CAN AWARD THEM TOO. THE SAME DEFENSES ARE ALSO AVAILABLE TO BOTH PARTIES AS WOULD BE AVAILABLE IN COURT INCLUDING ANY APPLICABLE STATUTE OF LIMITATIONS. WE ALSO BOTH AGREE THAT:

(1) THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR SMALL CLAIMS COURT CASES OR AS SPECIFICALLY NOTED BELOW, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT, INCLUDING THE VALIDITY, ENFORCEABILITY, OR SCOPE OF ANY PORTION OF THIS AGREEMENT (INCLUDING THE AGREEMENT TO ARBITRATE) EXCEPT AS NOTED BELOW, OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US, OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES, OR FROM OUR EFFORTS TO COLLECT AMOUNTS YOU MAY OWE US FOR SUCH PRODUCTS OR SERVICES, INCLUDING ANY DISPUTES YOU HAVE WITH OUR EMPLOYEES OR AGENTS, WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA") AS EXPLAINED BELOW IN PARAGRAPH 2. YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU. THIS AGREEMENT TO ARBITRATE CONTINUES TO APPLY EVEN AFTER YOU HAVE STOPPED RECEIVING SERVICE FROM US.

(2) UNLESS YOU AND TRACFONE AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. AND THE AAA'S CONSUMER ARBITRATION RULES WILL APPLY. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG) OR FROM US. FOR CLAIMS OF $25,000 OR LESS, YOU CAN CHOOSE WHETHER YOU'D LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN PERSON OR BY PHONE. ALTERNATIVELY, FOR CLAIMS WITHIN THE JURISDICTIONAL LIMIT OF THE SMALL CLAIMS COURT IN THE STATE ENCOMPASSING YOUR BILLING ADDRESS, EITHER YOU OR TRACFONE CAN CHOOSE TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT INSTEAD OF PROCEEDING IN ARBITRATION; FURTHERMORE, IF THE CLAIMS IN ANY REQUEST OR DEMAND FOR ARBITRATION COULD HAVE BEEN BROUGHT IN SMALL CLAIMS COURT, THEN EITHER YOU OR TRACFONE MAY CHOOSE TO HAVE THE CLAIMS HEARD IN SMALL CLAIMS COURT, RATHER THAN IN ARBITRATION, AT ANY TIME BEFORE THE ARBITRATOR IS APPOINTED, BY NOTIFYING THE OTHER PARTY OF THAT CHOICE IN WRITING. IF THIS PROVISION OR THE LIMITATION ON BRINGING ACTIONS TO SMALL CLAIMS COURT IS FOUND TO BE INVALID, THEN THIS PROVISION SHALL BE SEVERABLE AND THE MATTER WILL PROCEED IN ARBITRATION; IN NO WAY WILL THIS PROVISION ALLOW FOR AN ACTION TO BE BROUGHT ON A CLASS OR COLLECTIVE BASIS.

(3) THIS AGREEMENT DOESN'T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL OR GENERAL INJUNCTIVE RELIEF THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. ANY QUESTION REGARDING THE ENFORCEABILITY UNDER APPLICABLE LAW OR INTERPRETATION OF THIS PARAGRAPH SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.

(4) IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 60 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO TRACFONE SHOULD BE EMAILED TO VZValueNOD@verizon.com. THE NOTICE MUST INCLUDE ENOUGH INFORMATION TO ALLOW US TO IDENTIFY YOUR ACCOUNT AS WELL AS TO ASSESS AND ATTEMPT TO RESOLVE YOUR CLAIM, INCLUDING THE NAME OF THE TRACFONE WIRELESS ACCOUNT HOLDER, THE MOBILE TELEPHONE NUMBER AT ISSUE, A DESCRIPTION OF THE CLAIM, THE SPECIFIC FACTS SUPPORTING THE CLAIM, THE DAMAGES YOU CLAIM TO HAVE SUFFERED AND THE RELIEF YOU ARE SEEKING. THE NOTICE REQUIREMENT IS DESIGNED TO ALLOW TRACFONE TO MAKE A FAIR, FACT-BASED OFFER OF SETTLEMENT IF IT CHOOSES TO DO SO. YOU CANNOT PROCEED TO ARBITRATION UNLESS YOU PROVIDE THIS INFORMATION. YOU MAY CHOOSE TO BE REPRESENTED BY AN ATTORNEY OR OTHER PERSON AS PART OF THIS PROCESS, BUT IF YOU DO YOU MUST SUBMIT A LETTER OR THE FORM AVAILABLE AT:

https://www.tracfonewirelessinc.com/attorneyauthorizationform

AUTHORIZING US TO DISCUSS YOUR ACCOUNT INFORMATION WITH THIS ATTORNEY OR OTHER PERSON. THE SUFFICIENCY OF THIS NOTICE IS AN ISSUE TO BE DECIDED BY A COURT PRIOR TO THE FILING OF ANY DEMAND FOR ARBITRATION. IF YOU HAVE PROVIDED THIS INFORMATION AND WE ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN 60 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION. WE'LL REIMBURSE ANY FILING FEE THAT THE AAA CHARGES YOU FOR ARBITRATION OF THE DISPUTE AT THE CONCLUSION OF THE ARBITRATION IF YOU FULLY PARTICIPATE IN THE PROCEEDING. WE'LL ALSO PAY ANY ADMINISTRATIVE AND ARBITRATOR FEES CHARGED BY THE ARBITRATION TRIBUNAL. IF THE ARBITRATOR DETERMINES THAT YOUR CLAIM WAS FILED FOR PURPOSES OF HARASSMENT OR IS PATENTLY FRIVOLOUS, THE ARBITRATOR WILL REQUIRE YOU TO REIMBURSE TRACFONE FOR ANY FILING, ADMINISTRATIVE OR ARBITRATOR FEES ASSOCIATED WITH THE ARBITRATION.

(5) WE MAY, BUT ARE NOT OBLIGATED TO, MAKE A WRITTEN SETTLEMENT OFFER ANYTIME BEFORE THE ARBITRATION HEARING. THE AMOUNT OR TERMS OF ANY SETTLEMENT OFFER MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR ISSUES AN AWARD ON THE CLAIM. IF YOU DON'T ACCEPT THE OFFER AND THE ARBITRATOR AWARDS YOU AN AMOUNT OF MONEY THAT'S MORE THAN OUR OFFER BUT LESS THAN $5,000, OR IF WE DON'T MAKE YOU AN OFFER, AND THE ARBITRATOR AWARDS YOU ANY AMOUNT OF MONEY BUT LESS THAN $5,000, THEN WE AGREE TO PAY YOU $5,000 INSTEAD OF THE AMOUNT AWARDED. IF THE ARBITRATOR AWARDS YOU MORE THAN $5,000, THEN WE WILL PAY YOU ONLY THAT AMOUNT.

(6) IF 25 OR MORE CUSTOMERS INITIATE NOTICES OF DISPUTE PURSUANT TO PARAGRAPH 4 ABOVE OR FILE A COMPLAINT IN COURT, WHICH RAISE SIMILAR CLAIMS, AND COUNSEL FOR THE TRACFONE CUSTOMERS BRINGING THE CLAIMS ARE THE SAME OR COORDINATED FOR THESE CUSTOMERS, THE CLAIMS SHALL PROCEED IN ARBITRATION IN A COORDINATED PROCEEDING. COUNSEL FOR THE TRACFONE CUSTOMERS AND COUNSEL FOR TRACFONE SHALL EACH SELECT FIVE CASES TO PROCEED FIRST IN ARBITRATION IN A BELLWETHER PROCEEDING. ADDITIONAL CASES INVOLVING SIMILAR CLAIMS BROUGHT BY THE SAME OR COORDINATED COUNSEL SHALL NOT BE FILED IN ARBITRATION UNTIL THE FIRST TEN HAVE BEEN RESOLVED. IF THE PARTIES ARE UNABLE TO RESOLVE THE REMAINING CASES AFTER THE CONCLUSION OF THE BELLWETHER PROCEEDING, EACH SIDE MAY SELECT ANOTHER FIVE CASES TO PROCEED TO ARBITRATION FOR A SECOND BELLWETHER PROCEEDING. THIS PROCESS MAY CONTINUE UNTIL THE PARTIES ARE ABLE TO RESOLVE ALL OF THE CLAIMS, EITHER THROUGH SETTLEMENT OR ARBITRATION. IF SUCH A PROCESS IS INITIATED, THE FILING OF A NOTICE OF DISPUTE BY A CUSTOMER IN ACCORDANCE WITH PARAGRAPH 4 OR FILING OF A COMPLAINT IN COURT WILL TOLL ALL APPLICABLE STATUTES OF LIMITATIONS FOR THAT CUSTOMER’S DISPUTE UNTIL THE COMPLETION OF THE PROCESS DESCRIBED IN THIS PARAGRAPH. A COURT WILL HAVE AUTHORITY TO ENFORCE THIS PARAGRAPH INCLUDING BY ENTERING AN INJUNCTION TO PROHIBIT FILINGS IN VIOLATION OF THIS PARAGRAPH.

(7) AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN'T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.

(8) IF A COURT DETERMINES THAT THE PROHIBITION ON CLASS ARBITRATIONS OR THE LIMITS ON THE ARBITRATOR’S AUTHORITY SET FORTH IN SUBSECTION (3) OR THE PROCESS SET FORTH IN SUBSECTION (6) CANNOT BE ENFORCED UNDER APPLICABLE LAW AS TO ALL OR PART OF A DISPUTE, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO THAT DISPUTE OR PART OF THE DISPUTE, WHICH MAY PROCEED IN COURT EITHER ONCE THE ARBITRATED MATTERS HAVE CONCLUDED OR SOONER IF THE COURT SO REQUIRES.

(9) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND TRACFONE AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THERE WILL NOT BE A JURY TRIAL. YOU AND TRACFONE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.

II. EXPRESS WRITTEN CONSENT TO RECEIVE COMMUNICATIONS FROM TRACFONE

By agreeing to these Terms and Conditions, you expressly consent to and authorize Tracfone 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, 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 Tracfone 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 Tracfone Service, to contact you for any reason, regardless of whether you incur charges as a result. You further agree that Tracfone 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 Tracfone at any time. You may exercise this right to opt out by, among other things, emailing us at VZValueOptOut@verizon.com, opting out or unsubscribing from email or SMS marketing through available set mechanisms, or calling 1-800-867-7183. If you choose to communicate your choice to opt out by emailing us, your email must indicate your name, Tracfone phone number and device IMEI, and state that you are opting out from receiving marketing communications from Tracfone.

III. TERMS AND CONDITIONS OF SERVICE

1. Activating Your Service

To use Tracfone Service, you must first purchase and activate a Tracfone phone or a Tracfone Keep Your Own Phone SIM Kit (“SIM Kit”) that can be used to activate a compatible wireless phone you already own under the Keep Your Own Phone program. At the time of purchase, you may be charged applicable taxes, fees or surcharges set by federal, state or local governments, and activation fees may apply in certain sales channels. To activate your phone, you must also purchase and redeem a Tracfone wireless plan (“Plan”). For more information about our Plans visit our website.

You may activate your Service online by visiting our website at tracfone.com or by calling Customer Care Department from a phone other than the one you intend to activate. If you have purchased a SIM Kit to activate your own phone, follow the instructions that came with the SIM Kit to activate your Service. When you activate your Service, you will be provided a telephone number unless you elect to transfer or “port-in” an existing telephone number you are using with another provider. In certain instances, you may not be able to transfer your existing telephone number for reasons outside of our control. Please note that you have no ownership rights to any telephone number, IP address or any other identifier associated with your Service and you acknowledge and agree that we may change any such number, IP address or other identifier associated with your Service at any time without prior notice or liability to you.

When you activate your Service, you will also have the option of registering with us and creating an account (“Account”) by providing your name, address, email address and alternative contact telephone number. If you elect not to register at the time of activation, you may not be able to obtain copies of your call detail records except upon service of a valid subpoena or a court order.

Tracfone Service can only be activated where Tracfone Service is offered and supported by Tracfone. The wireless telecommunications networks used to transmit the voice, text, and data services that support the Service offered by Tracfone are owned and operated by licensed commercial mobile radio service providers (“Carriers”), and not Tracfone.

Keep Your Own Phone. If you are activating your own compatible phone under the Keep Your Own Phone Program, you are responsible for ensuring that the phone is unlocked, compatible with the Service, does not interfere with the Service, and that it 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 Service are available on all Carrier networks or will function on all phones, including phones activated under the Keep Your Own Phone program. Some functions, including potentially e911 services, and features referenced in the manufacturer’s manual provided with your phone may not be available when using the Service. Some Plans may not work on smartphones or on phones activated under the Keep Your Own Phone program. Devices capable only of using data service are strictly prohibited and your use of any such device is grounds for immediate deactivation and termination of your Service without a refund.

All aspects of the Service, including Plan rates, offerings, features, functionality and other product specifications are subject to change without notice or obligation. All talk and standby times are quoted in digital mode and are approximate. Plans have no cash value and are non-refundable. Plans cannot be transferred to another account nor can they be used with or transferred to another brand owned by Verizon Value, Inc. or another wireless service provider. No refunds or discounts will be given for (i) unused Service that expires after your Service End Date; (ii) unused Service if your Phone is lost or stolen; or (iii) Plans purchased that are not compatible or supported by your Phone.

2. Termination of Service

Either party may terminate this Agreement at any time. Termination of this Agreement will result in the immediate termination of your Service which may be reactivated if you elect to do so, subject to the acceptance of the then-current Terms and Conditions for Service at the time of such reactivation. Any Service which remains unused at the time of termination, including promotional balances, cannot be refunded or transferred to another person.

We may terminate this Agreement at any time without notice if we cease to provide Service in your area. We may interrupt, suspend, cancel, or terminate your Service without immediate notice to you for any conduct that we believe violates these Terms and Conditions, including, but not limited to, the following:

(i) using or directing abusive, vulgar, derogatory, intimidating, or harassing language or conduct towards a Tracfone representative, officer, employee, agent, or authorized retailer;

(ii) using your Service for any unlawful, fraudulent, or illegal purpose;

(iii) using your Service in any way that adversely affects our ability to manage the Service provided to other customers or the Carrier’s network;

(iv) violating any Term or Condition contained in this Agreement.

Any term or provision of this Agreement which by its context is intended to apply after termination of the Agreement will survive, including any limitation of liability, disclaimer of warranties, dispute resolution procedures, restrictions with respect to the use of a Product or Service and our Limited Warranty, Return Policy, and Privacy Policy.

3. Airtime Voice and Text Messaging Rates

Feature Phones: Tracfone airtime is issued in unit increments. All calls are charged at a rate of one (1) unit per minute. With some older Tracfone handset models, roaming calls (refer to the Roaming Section of these Terms) are charged at the rate of two (2) units per minute. There is no additional charge for nationwide long distance or for international long distance, in eligible Plans, to countries designated at tracfone.com. For most feature phones, the rate to send or open a text message is 0.3 units.

Smartphones: Smartphones have separate buckets of units for voice calls, text messaging and data usage. Voice calls are charged at the rate of one (1) unit per minute. Text messages are charged at the rate of one (1) unit per text. Data is charged based on actual usage.

Tracfone Service does not allow international text messaging. Attempting to send international messages could result in Service deactivation.

Minutes are deducted for all incoming and outgoing calls, including incoming call waiting calls, simultaneous calls, toll free calls, and calls to 411, 611, Customer Care, and your voice mail. For simultaneous calls, such as incoming call waiting and 3-way calling (where available) minutes will be deducted for each call. Minutes are not deducted for calls to 911. For outbound calls, you may be charged minutes for incomplete, busy, or no answer calls. Minutes are deducted in full unit increments. Partial minutes are rounded up to the next minute. No credit is given for dropped calls. If you are using a feature phone, minutes will also be deducted for use of other services such as text messaging and accessing the Tracfone Mobile Web (“WAP”).

4. Adding Airtime

Your Service will only operate when you have airtime units and service days available. Add airtime to a Tracfone by entering the PIN number from a Tracfone airtime card (“Airtime Card”) or retailer cash register receipt at the Redeem Airtime or Add Airtime menu on your phone. You can also add airtime through the Tracfone website or by calling Customer Care.

AIRTIME ON DEMAND: Airtime On Demand is available on certain Tracfone handsets. Airtime On Demand allows you to buy Airtime directly from your Tracfone by registering your phone and credit card at tracfone.com. Airtime on Demand purchases are governed by these Terms.

PAY AS YOU GO AIRTIME CARDS: Tracfone Pay as You Go Airtime Cards are available in various denominations of minutes and service days. For each Airtime Card you purchase and add to your phone, you will receive the number of minutes and service days indicated on the card. The service days will run from the day you add the Airtime Card. Each additional Airtime Card you add will further extend your “Service End Date” by the number of days specified without limitation. Your “Service End Date” is the last day of your service period. Airtime minutes added to your phone do not expire with active service and usage within a period of six (6) consecutive months for smartphones and twelve (12) consecutive months for other phones.

DOUBLE/TRIPLE MINUTES: If you currently have the Double or Triple Minutes feature on your Phone, the feature will apply as long as you have active service. The Double or Triple Minutes feature is not transferable even if your phone is damaged, lost or stolen. Promotional, bonus and other non-purchased airtime minutes do not double or triple.

If you currently have a Double Minutes card, you may not add it to a phone that already has the Double Minutes feature on it. Doing so will not result in any additional doubling of purchased airtime.

Double Minutes Cards and phones that include the Double or Triple Minutes feature will not double or triple the value of Data Cards or Add-On Cards.

Unlimited plans and smartphone plans do not double or triple.

MONTHLY VALUE PLANS: Tracfone Monthly Value Plans are available in various denominations of minutes and provide thirty (30) days of service. The minutes and service days of your Monthly Value Plan are automatically added to your account on a monthly basis. Tracfone’s Service Protection Plan delivers thirty (30) days of service if you forget to add a Tracfone airtime card in order to keep your service active. To purchase a Monthly Value Plan, you must enroll online by registering your phone and credit card. Tracfone may modify its Monthly Value Plan offerings at any time. In the event of any modification that increases the charges associated with your Monthly Value Plan, you will receive thirty (30) days’ notice prior to being charged the new rate.

AUTO-REFILL PLANS: Tracfone Auto-Refill Plans are available in various denominations of minutes and service days. If you wish to purchase Plans on a recurring basis, you may enroll in Auto-Refill by registering your preferred payment method, such as credit or debit card, and selecting the Auto-Refill option for your Account via the Tracfone.com website; on our phone through the “My Account” app; or by calling Customer Care. With Auto-Refill, new Service Plans will be automatically purchased and added to your Account each month on your Service End Date and your preferred payment method will automatically incur a charge for the cost of the Service Plans you elect to purchase on a recurring basis. Please note that your Auto-Refill is determined by the last Service Plan you have purchased and added to your phone. By enrolling in Auto-Refill, you agree to receive communications from Tracfone regarding your enrollment including, without limitation, upcoming payment dates or unsuccessful payment notifications. In the event that your Auto-Refill payment is unsuccessful, Auto-Refill will be suspended on your Account. If you make a payment within ten (10) days of an unsuccessful Auto-Refill payment using the same or a new payment method, you agree that we may resume your Auto-Refill enrollment so that your recurring Plan purchases will continue on a recurring basis. Verizon Value reserves the right to terminate this program at any time.

By enrolling in Auto-Refill, you are authorizing Verizon Value to treat your electronic signature on the website(s), “My Account” app, and other digital channels (or your verbal agreement to the transaction in our automated telephone system or with customer service) as your consent for recurring payment transactions on your preferred payment method and you are indicating that you understand and accept these terms and conditions.

REFILLING YOUR ACCOUNT BEFORE YOUR SERVICE END DATE. If you do not purchase and add airtime prior to the Service End Date, your Tracfone Service will be deactivated on the Service End Date and you will lose your phone number even if you have minutes remaining. To prevent this from occurring, please keep your Tracfone Service active by purchasing and adding an Airtime Card on or before your Service End Date. If you purchase a Plan at a retail location, your Service Card will contain a PIN that you must redeem to activate your Service.

Notwithstanding your Service End Date, Tracfone reserves the right to deactivate any phone for which there is no voice, text or data usage for a period of six (6) consecutive months for smartphones and twelve (12) consecutive months for other phones. If your Service is deactivated, your Service can be reactivated by purchasing and adding an Airtime Card. Once reactivated, your phone may be assigned a new phone number. Airtime which remained unused at the time of deactivation will still be available if Service is reactivated within sixty (60) days from the deactivation date, otherwise any unused airtime will be lost.

Please note that if you elect to transfer or “port out” your telephone number to another provider, you will need to have available the Number Transfer PIN that we provide you, plus certain account information. Once your phone number is transferred, your Tracfone Service will be deactivated immediately and you will lose any unused Service days remaining in your Plan. For assistance with this process, please contact Customer Care via any of our available channels.

Tracfone airtime has no cash value and is non-refundable. Tracfone Airtime Cards, airtime rate plans, and card denominations are subject to change without prior notice.

5. Text Messaging

Tracfone does not participate in Premium SMS services or campaigns. Premium SMS refers to activities that usually involve sending a text message to a designated “short code” or buying or attempting to buy SMS services from anyone other than Tracfone. Premium SMS campaigns include activities such as casting a vote, expressing your opinion, playing a game, subscribing to a service, or participating in interactive television programs through the use of a wireless phone.

You should not attempt to participate in Premium SMS campaigns, unless it is a Tracfone authorized campaign. Any text message you send to a “short code” will in all likelihood not go through. Any charges you may incur as a result of any attempts to participate in Premium PSMS services or campaigns (not authorized by Tracfone), whether you incur charges as deductions from your Tracfone handset or from your credit card, are not refundable.

6. Data Services

With certain Tracfone handset models, you can download ring tones, graphics, access information services such as news, weather and sports (“Information Services”) and utilize multi-media services (“MMS”) (ringtones, graphics, Information Services and MMS are collectively referred to as “Data Services”) through Tracfone Mobile Web (“WAP”). Data Services are additional Services offered by Tracfone, and there is an additional charge or debit of units or data for use of such Services.

In order to purchase, download or access Tracfone Data Services, You must have active service and sufficient available airtime or data (for smartphones). Each time you access the WAP, usage will be deducted (“Access Charges”).

Access Charges begin when your phone makes a data connection. This should occur shortly after you open your browser, send or receive a multi-media message (e.g., a picture), initiate a content download or if WAP access is initiated for any other purpose. Access Charges end when the data connection terminates. This should occur shortly after you close your browser, successfully receive or send a multi-media message (e.g., a picture), after a successful content download or after any other closure of a WAP session. The WAP access duration and the related Access Charges are NOT determined from the exact moment you press a button on your device to open or close the browser.

In addition to the Access Charges, there may be additional charges for any content you select to download (“Content Charge”). The Content Charges vary depending on the type of content you purchase and download. You will be advised of the Content Charges prior to finalizing your purchase.

The Data Services you purchase and download may only be used or viewed on the device for which they were purchased and cannot be transferred to any other device, including a new or replacement device. Data Services are non-refundable and non-transferable.

Purchasing Data Services with Airtime Minutes on Feature Phones. The charges for Data Services purchases are determined by the last airtime card redeemed and the appropriate dollar-to-minute conversion factor. The charges for Data Services in U.S. Dollars and/or minutes and the dollar-to-minute conversion factor(s) are subject to change at any time without prior notice. The current Dollar-To-Minute Conversion Factors for Data Services may be accessed on the Tracfone website. Click on “Airtime” and from the drop down menu select “Apps & More” and then “Cost.” The chart details the number of minutes you will be charged for each dollar you spend for the Data Services you purchase.

Charges for MMS (e.g., picture messaging) on Feature Phones. You will be charged 1.0 unit to send or receive a multi-media message (the “MMS Charge”) and a WAP Access Charge (described below) based upon the time it takes to send or receive the multi-media message.

Additional Access Charges for Data Services and MMS on Feature Phones. In addition to Content and MMS Charges, there is always an additional Access Charge of 0.5 units per minute associated with downloading content, accessing/viewing Information Services or utilizing MMS. Total Access Charges will vary depending on the size of the content and the actual time it takes to download the content, access/view the Information Service or utilize MMS.

Tracfone Smartphone Only Plans. Tracfone smartphone users may purchase Plans that come with a fixed amount of high speed data at 4G speeds for each monthly cycle depending on the Service Plan selected. 5G and 4G/4G LTE networks are not available on all devices and in all locations. 5G and 4G/4G LTE networks require a capable device and SIM card. Actual availability, coverage, and speeds may vary.

Tracfone Data Cards. Tracfone Data Cards which will provide a specified amount of data access without minute deductions. Data Cards provide a set amount of data access identified on the face of the card, denominated in megabytes or gigabytes. Data Cards can be added to your phone at any time, as long as the Service is active. Data Cards do not include minutes or service days, which must be purchased separately through airtime cards. Unused data will expire upon your Service End Date. Data Cards are available online and at retail locations.

Prioritization, Modifications, Interruptions, or Discontinuation of Data Service. Some Carriers differentiate the wireless service they sell by prioritizing the data traffic of their customers over the data traffic of customers on a non-Carrier brand at times and at locations where there are competing customer demands for network resources. Where the network is lightly loaded, a Tracfone customer will notice little, if any, effect from having lower priority. This will be the case in the vast majority of times and locations. At times and at locations where the network is heavily loaded in relation to available capacity, however, a Tracfone customer will experience increased latency during a data session, particularly if the customer is engaged in a data-intensive activity. When network loading goes down or if a customer moves to a location that is less heavily loaded in relation to available capacity, the latency associated with a customer’s data connection will improve.

Tracfone does not guarantee the availability of Data Services at any time and reserves the right to modify, suspend, interrupt, discontinue or permanently cancel Data Services, or portions thereof, without notice. Data Services are not available in all areas. Tracfone is not responsible and will not be liable for any modifications, interruptions or discontinuation of the Data Services or for any failure in receipt of the purchased Data Services. If the Data Services, for which you subscribe, are modified, interrupted, discontinued or canceled, Tracfone will not provide refunds for any used or unused subscription time. If you cancel, or attempt to cancel a Data Service download, a subscription purchase or a multi-media message in progress, or if this process is otherwise interrupted through no action on your part, you may nevertheless be charged in accordance with these Terms.

Non-Rated Content. Tracfone content is not rated and you are solely responsible for the use of such material, which may be offensive or objectionable to you or to others. You agree not to hold Tracfone liable for any offensive or objectionable content.

7. International Long Distance Service

If your Plan includes international long distance (“ILD”), you may place calls to landlines (and some cellular phones in certain countries) at no additional charge. See tracfone.com for available Plans, countries and details, which are subject to change without prior notice. In order to place an ILD call, you will need to dial the ILD access number 1-305-938-5673. Airtime deductions for ILD calls begin the moment the ILD access number is dialed. Airtime deductions will apply for dropped or misdialed calls and busy destination numbers. When placing ILD calls, you may experience connection failures more frequently than with domestic calls. Tracfone will not credit airtime minutes deducted for unsuccessful calls. Although ILD calling is available to some countries, You will not be able to make or receive calls on your Tracfone when you are located outside of the United States, Puerto Rico or the U.S. Virgin Islands.

Tracfone International Neighbors is a service that enables callers in Mexico to set up a local number to ring on a Tracfone in the US. See the Tracfone website or call 1-800-867-7183 for further details.

8. Unauthorized Use of Service

Your Service (i.e., voice, text, or data services) may only be used for the following purposes, without excessively contributing to network congestion: (a) person to person voice calls, (b) text and picture messaging, (c) web browsing, email, ordinary content downloads and uploads, and video, game and audio streaming, and (d) Voice over Internet Protocol (VoIP).

Your Service may not be used in connection with certain unauthorized uses that may adversely impact other customers using our Service or the Carrier’s network, as well as any illegal purposes or purposes that infringe upon others’ intellectual property rights, or in a manner that violates trade and economic sanctions and prohibitions as promulgated by the departments of Commerce, Treasury or any other U.S. government agency. Examples of some unauthorized uses include, but are not limited to, the following:

(i) continuous uninterrupted voice calls or otherwise using your voice service to provide monitoring services, data transmission, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing activity, autodialed calls, or robocalls;

(ii) automated text or picture messaging to another mobile device or e-mail address including, without limitation, generating “spam” or unsolicited commercial or bulk texts or e–mails (or activities that facilitate the dissemination of such texts or e–mails);

(iii) uninterrupted and continuous web browsing, uploading, downloading, or streaming of audio or video;

(iv) server devices or host computer applications, including, but not limited to, web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (“P2P”) file sharing;

(v) as a substitute or backup for private lines or dedicated data connections;

(vi) use of your smartphone or your mobile hotspot to resell internet connectivity, or to provide internet connectivity for the primary purpose of crypto-mining;

(vii) any use of smartphone data meant to be used exclusively on the smartphone device to provide connectivity, directly or indirectly, to other devices, including but not limited to, routers, jetpacks, modems, Smart TVs, computers, tablets or servers and/or serving as a replacement for your home internet services. Provided, however, that providing connectivity to other devices is permitted through mobile hotspot/tethering that is limited to the amount of data allocated with your Plan;

(viii) server devices or host computer applications that are broadcast to multiple servers or recipients such that they could enable “bots” or similar routines (as set forth in more detail in (ix) below) or otherwise degrade network capacity or functionality;

(ix) “auto–responders,” “cancel–bots,” or similar automated or manual routines that generate amounts of net traffic that could disrupt net user groups or e–mail use by others;

(x) any activity that adversely affects the ability of other users or systems to use either Tracfone’s services or the Internet–based resources of others, including the generation or dissemination of viruses, malware, or “denial of service” attacks;

(xi) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, Tracfone’s or another entity’s network or systems;

(xii) running software or other devices that maintain continuous active Internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions.

We may investigate, and may ask you to provide an explanation, to determine whether such usage violates these Terms and Conditions.

A customer engaged in any unauthorized use may have their Service suspended and/or terminated in our sole discretion. We reserve the right to interrupt, suspend, cancel, or terminate your Service to protect a Carrier’s network from harm due to any cause including, without limitation, the excessive and/or unauthorized use of the Service. If the amount of a single mobile line's total monthly data use in a service plan cycle exceeds the average amount of data consumed by the top 0.5% of users on the Carrier’s network during the preceding six-month period, we may reduce data speeds to your device to 1.5Mbps for the remainder of the cycle.

9. Coverage Maps

You will find coverage maps on our website. These maps are for general informational purposes only and depict the general coverage area of Tracfone. Tracfone does not guarantee coverage or Service availability and the coverage maps are not a guarantee of coverage. Coverage is not available everywhere. The coverage maps display only the predicted and approximate optimal wireless coverage, while outdoors, of the network on which your phone may be activated including the coverage area of the network’s roaming partners, if applicable. The coverage areas shown do not guarantee service availability and may include locations with limited or no coverage. Within coverage areas, there may be significant limitations or interruptions in coverage that may impact Service and result in dropped and blocked connections, slower data speeds, no data connectivity, and call interference. This could occur due to many factors including, but not limited to, your device, network changes, network traffic volume, network prioritization, network outages, technical limitations, signal strength, the terrain and your proximity to buildings, foliage and other obstructions, weather and other conditions. You will not be able to operate your phone or make 911 calls if service is not available. Some features on your device may not operate when roaming on the network of a network roaming partner. If you travel outside of your coverage area, your phone will not work. The coverage depicted on the Tracfone’s coverage maps is based on the information provided by other carriers and public sources and we cannot guarantee their accuracy. Coverage maps for your network may also vary based on your home location, so please refer to our website for the most up-to-date coverage map applicable to your device and geographic area. Your coverage will also vary based upon the Tracfone plan you select. Tracfone is not responsible for any Service outages, interruptions in service or decline in the quality of service regardless of the cause.

10. Roaming

Depending on the Carrier network, it is possible that under certain circumstances your phone may roam if you are outside of your network coverage area and within the United States. Roaming occurs when a subscriber of one wireless service provider uses the facilities of another wireless service provider. Although there are no additional charges for using the Service while roaming domestically, Tracfone does not guarantee your ability to roam nor the availability and/or the quality of Service. Domestic roaming may be discontinued or changed at any time without notice. Due to Carrier restrictions, Tracfone reserves the right to terminate the Service of any customer whose roaming usage exceeds 50% of their total usage in any three (3) Plan cycles within a 12 month period. International roaming is not offered by Tracfone and is strictly prohibited.

11. Wi-Fi Calling

Wi-Fi Calling may be available only on phones that are Wi-Fi Calling capable and that have a Wi-Fi Calling enabled SIM card (depending on the Carrier). Wi-Fi Calling provides you the ability to make and receive phone calls and text messages over a Wi-Fi connection. Wi-Fi Calling enhances your coverage in buildings and other locations. If you use a Wi-Fi network for making or receiving calls and text messages or for any other reason, you acknowledge and agree that your use of such Wi-Fi network is permissible and that you are solely responsible for such use. Using your Wi-Fi Calling feature may provide you with access to an unsecured Wi-Fi network which could impact your data security. You can disable Wi-Fi Calling by toggling it off in your device settings menu.

Although we recommend that you use your wireless service as your primary method of contacting 911, you may be able to use Wi-Fi Calling for dialing 911 if your phone is equipped with this feature and you have access to the internet through your phone’s Wi-Fi connection. To dial 911 using Wi-Fi Calling, you must provide us with an address for your primary use of Wi-Fi (“Primary Address”) at the time of activation. If the location at which you primarily use Wi-Fi changes, either temporarily or permanently, you must register the new address online at e911-reg.tracfone.com or by contacting Customer Care at 1-800-867-7183. It may take 24 hours or more to update your address information. If you do not give us your Primary Address, we will block your ability to use Wi-Fi calling. When you use Wi-Fi Calling to dial 911 and you are away from your Primary Address, we will have no information about your location. As such, always be prepared to report your precise location to emergency responders.

Please be aware that dialing 911 via Wi-Fi Calling requires access to the internet and operates differently than traditional 911 calling services. For example, 911 service via Wi-Fi Calling may be limited or not available due to various circumstances, including relocation of equipment, loss or disruption of power, internet or wireless service, internet congestion or a connection failure, delays in availability of registered location information, and/or other technical problems.

TTY Limitations for 911 Calls: Due to technical limitations, Wi-Fi Calling cannot be used with TTY devices and will not support 911 calls over TTY devices. Persons with communications disabilities can still reach 911 services by either (1) calling 911 directly using a TTY over the cellular network or from a landline telephone, (2) sending a text message to 911 directly (in areas where text-to-911 is available) from a wireless device, (3) using relay services to place a TTY or captioned telephone service (CTS) call from a wireless phone over the cellular network or from a landline telephone, or (4) using relay services to place a IP Relay or IP CTS call over a cellular data or other IP network.

12. Emergency Calls

If you are in an area where your phone is searching for a wireless signal or there is no wireless signal or wireless service, it is highly probable that a call to 911 will not go through. Do not rely solely on your Tracfone Service in an emergency situation. In an emergency, locate the nearest landline phone and call for help.

Android and KaiOS Devices - 911 Emergency Requirements. Android and KaiOS based voice-capable devices use up to 9 MB of data per month per line in order to comply with 911 emergency requirements that enable emergency services to identify a user's elevation (e.g., the floor on which the user is located within a multi-story building) and if your line is not subject to an active unlimited data plan, you may be charged for such use.

13. Disclaimer of Warranties

TRACFONE PRODUCTS AND SERVICE ARE PROVIDED ON AN “AS IS” AND “WHERE IS” BASIS AND BY USING ANY PRODUCT OR SERVICE YOU AGREE THAT TRACFONE WILL HAVE NO LIABILITY EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT FOR ANY FAILURE, DEFECTS, MALFUNCTIONS, OR ERRORS IN THE PRODUCTS OR SERVICE. EXCEPT AS SET FORTH IN SECTION V (LIMITED WARRANTY), TRACFONE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING TITLE, MERCHANTABILITY, SUITABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE IN RELATION TO ANY PRODUCT OR SERVICE.

You acknowledge and agree that the use of any Tracfone Product or Service is at your sole risk and that your Service may be unavailable, interrupted, delayed, or limited for a variety of reasons outside of our control. Not all Products, Plans, or Services are available for purchase or use in all sales channels, in all areas, or with all devices. Service is subject to transmission limitations caused by certain equipment and compatibility issues, network prioritization, atmospheric, topographical and other conditions. Further, Service may be temporarily refused, limited, interrupted or curtailed due to system capacity limitations, technology migration or limitations imposed by the Carrier, or because of equipment modifications, upgrades, repairs or relocations or other similar activities necessary or proper for the operation or improvement of the Carrier's network. At any time, Tracfone reserves the right to substitute and/or replace any Tracfone equipment (including phones and SIM cards) with other Tracfone equipment of comparable quality. Tracfone does not warrant or guarantee the availability of your Service at any specific time or in any specific geographic location or that the Service will be provided without interruption. Neither Tracfone, 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 phone outside during a lightning storm. You should also unplug the phone’s power cord and charger to avoid electrical shock and/or fire during a lightning storm. Certain phone features may not be available with the Service or their functionality may be limited. All plan rates, features, functionality and other product specifications are subject to change without notice or obligation.

14. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER VERIZON VALUE NOR ITS VENDORS, SUPPLIERS, OR LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER USER OF YOUR TRACFONE PRODUCT OR SERVICE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CLAIMED FOR LOST PROFITS, REVENUE, INCOME, SALES, BUSINESS, GOODWILL, DATA OR INFORMATION, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY AND REGARDLESS IF TRACFONE OR ITS RESPECTIVE VENDORS, SUPPLIERS, OR LICENSORS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN, TO THE EXTENT ALLOWED BY LAW, THE AGGREGATE LIABILITY OF VERIZON VALUE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100), AND SUCH LANGUAGE SHALL BE EXCLUDED TO THE EXTENT OF SUCH INVALIDITY OR UNENFORCEABILITY; ALL OTHER TERMS IN THIS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.

You agree that neither we nor our vendors, suppliers, or licensors are responsible for any damages you may suffer or incur resulting from: (a) any Product or Service provided to you by or manufactured by a third party; (b) any act or omission by another party; (c) providing or failing to provide any Service, including, but not limited to, deficiencies or problems with a Phone or network coverage (for example, dropped, blocked, interrupted Service, etc.); (d) accidents or any health-related claims arising from or related to our Service; (e) content or information accessed on your Phone while using our Service; (f) an interruption or failure in accessing or attempting to access emergency services from a phone, including through 911, enhanced 911 or otherwise; (g) interrupted, failed, or inaccurate location information services; (h) content or information that is blocked by a spam filter; (i) damage to your phone or any computer or equipment connected to your phone, or damage to or loss of any information stored on your phone, computer or equipment from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video or audio; (j) things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism or government orders or acts; (k) unauthorized access or changes to your account or device; or (l) the use of your account or device by others to authenticate, access or make changes to a third-party account, such as a financial or cryptocurrency account, including changing passwords or transferring or withdrawing funds. You should implement appropriate safeguards to secure your phone, computer or equipment and to back-up your information stored on each.

15. Unauthorized Use of Products

Tracfone Products and Service are sold exclusively for use by you, the end consumer. The unauthorized unlocking or resale of your Tracfone phone constitutes a violation of your Agreement with Tracfone and will invalidate the Limited Warranty associated with your Tracfone phone. You agree not to unlock, root, re-flash, jailbreak, tamper with or alter the build state of your Tracfone phone in a manner which conflicts with the Unlocking Policy referenced in Section VI below. You also agree not to use unauthorized PINs with Tracfone phone or engage in any other unauthorized or illegal use of your phone or the Service, or assist others in such acts, or to sell and/or export Tracfone phones outside of the United States. Any attempt to unlock your Tracfone phone in an unauthorized manner or to root, re-flash, jailbreak, tamper with or alter the build state of your Tracfone phone may result in the inability to unlock your device, maintain your device’s unlocked state, or otherwise cause your device to malfunction. Such use along with any other unauthorized use of your Tracfone phone may result in the immediate suspension or termination of your Service without notice and legal action. Tracfone will strictly enforce its rights under this provision and will prosecute violators to the full extent of the law. You agree that any violation of this provision through your improper, illegal, or unauthorized use or sale of your Tracfone phone shall entitle Tracfone to recover liquidated damages from you in the amount of not less than $5,000 per Tracfone phone purchased, sold, acquired or used in violation of this provision. For more information about the unauthorized use of Tracfone phones refer to www.stopcellphonetrafficking.com.

If your Tracfone phone 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, 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 or to allow any other person to do so. Any violation of the restrictions on the use of your SIM Card that are contained in this section may result in the immediate termination of your Service without notice. Tracfone and its Carriers or service providers, may, from time to time, remotely update or change the encoded information on your SIM card or your phone.

In the event of termination for any other unauthorized usage, you will forfeit your unused Service and you will not be entitled to receive a refund for your Tracfone phone or for any unused Service.

16. Indemnification

You agree to indemnify and hold harmless Verizon Value, Inc. and its parent, subsidiaries, affiliates, vendors, suppliers, and licensors and their former, current and future officers, directors, employees, insurers, contractors, successors and assigns (“Verizon Value Indemnified Parties”) from any and all liabilities, penalties, claims, causes of action, and demands brought by a third party (“Claims”) including the costs, expenses, and attorneys’ fees on account thereof (“Costs”) arising from your use of a Tracfone Product or Service or your breach of this Agreement, whether based in contract or tort (including strict liability) and regardless of the form of action.

If in connection with your Tracfone Products or Services, you provide us with a telephone number(s) for which you are not the subscriber, you understand that you will indemnify and hold harmless the Tracfone Indemnified Parties for any Costs incurred as a result of us attempting to contact you at the number(s).

17. Privacy Policy

Agreement means that you also agree to our Privacy Policy, available at https://www.tracfonewirelessinc.com/en/Privacy+Policy/, which may be updated from time to time and describes the information we collect, how we use and share it, and the choices you have about how certain information is used and shared. We will notify you or ask for your permission, as appropriate, if we plan to use your information for additional purposes. If applicable, it is your responsibility to let the people who connect devices through your mobile hotspot, Jetpack or wireless router know that we will collect, use and share information about their device and use of the Service as described in our Privacy Policy.

Many services and applications offered through your device may be provided by third parties. When you access and use third-party services, including third-party services which Tracfone may make available as part of or in connection with your Tracfone Service, you are subject to the terms of service and privacy policy issued by those third-party providers when using their services. You should review their applicable terms and privacy policy before you use, link to or download a service or application provided by a third party.

18. Entire Agreement

This Agreement constitutes the entire Agreement between you and Verizon Value, Inc. with respect to any Tracfone Product and/or Service. The failure of either party to enforce any of the terms set forth herein shall not be construed to be a waiver of any such terms nor in any way affect the validity and enforceability of these Terms. No waiver of a breach of any term shall be deemed a waiver of any other or subsequent breach of a term. Except as expressly provided in section I, in the event any provision contained in this Agreement is deemed unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

19. Send Inquiries via Direct Mail

To send inquiries via direct mail, you may contact us at:

Verizon Value

Attn: Verizon Value Legal Department

One Verizon Way

Basking Ridge, New Jersey 07920-1097

IV. RETURN POLICY

To see the return policy (“Return Policy”) applicable for your phone, please refer to the section below based on how you made your purchase. Tracfone does not allow returns or provide refunds for any SIM Kits or Plans you may have purchased.

Store Purchases. If you purchased a Tracfone phone from a retailer or wireless dealer (and not from Tracfone directly either by phone or online), your Phone purchase is subject to that retailer’s return policy. To determine whether your purchase is eligible for return, please contact the store where you originally made your purchase. Tracfone will not process the return of any Tracfone phone sold to you by a retailer or wireless dealer.

Online Purchases from Tracfone. If you purchased your Tracfone phone from Tracfone’s official website, you have thirty (30) days from the date your phone was delivered to you to return it to us for either an exchange or a refund. To process a return, you must follow the return instructions that came with your Phone and pay for the shipping cost to send it back to us.

To be eligible for a return you must meet the following requirements:

The phone you are returning must have been purchased from Tracfone’s official website and the IMEI numbers must be verified.
You must return the phone in like new, working condition, returned in the original manufacturer’s packaging with all included accessories, including device, battery, charger, and manual. The phone must not have any liquid or physical damage.
You must pay for the cost to ship the phone back to us and include a copy of your receipt.

If anything is missing or device is not in like-new condition, your shipment may not be accepted. If a device has physical or liquid damage, it cannot be returned and a credit will not be issued. Tracfone will return ineligible devices to you at the same address shown on the shipping label. No restocking, handling, or shipping fees will be charged to you for this device return.

If your return meets the above requirements and you have requested an exchange for a device that costs more, you will have to pay the difference in price between the phone you are returning and the new phone you are seeking to purchase. If your return meets the above requirements and you have requested a refund, please be advised that it takes up to thirty (30) business days to process the return and credit your account. Credit for returned phones will appear on your credit card statement between 1-2 billing cycles. Your credit for a returned phone will not include any shipping or delivery costs you were charged or incurred for purchasing or returning the phone.

V. LIMITED WARRANTY

All new Tracfone phones (except iPhones) are covered by a one (1) year limited warranty administered by Tracfone as set forth below.

All reconditioned or refurbished phones sold by Tracfone (except iPhones) have a ninety (90) day limited warranty as do all wireless accessories sold by Tracfone.

New Apple iPhones are covered by a one-year limited warranty offered and administered by Apple. Please visit apple.com for more information.

To the extent available for purchase, refurbished iPhones and certified pre-owned phones are not covered by a limited warranty but may be returned for a refund within thirty (30) days of purchase.

A Phone that you own which was not purchased from Tracfone but that is registered with Tracfone under the Keep Your Own Phone program is not covered by this limited warranty.

How To Obtain Warranty Service. To obtain warranty service for your Tracfone Phone, please contact Customer Care at 1-800-867-7183. If your problem cannot be resolved over the phone, our technicians will provide you with a Return Authorization Number, which you will use to send your Product(s) to the designated Service Center for repair or replacement, at our option.

Terms of Limited Warranty:

1. The limited warranty for any applicable Product begins on the date of your purchase and is only applicable for defects in material and workmanship that result in Product failure during normal usage.

2. The limited warranty extends only to the original purchaser (“Purchaser”) of the Product and is not assignable or transferable to any subsequent purchaser. The limited warranty extends only to Purchasers who purchase the Product in its original packaging from an authorized dealer or retailer. Upon request from Tracfone, the Purchaser must prove the date of the original purchase of the Product by a dated bill of sale or dated itemized receipt.

3. During the limited warranty period, Tracfone will replace or repair, at Tracfone’s sole option, any defective Products or parts (except as excluded below) with new or refurbished Products or parts if such replacement or repair is needed because of Product malfunction or failure during normal usage. Tracfone may, in its sole discretion, replace the Product with a different but comparable Product if the same exact Product is not available. The replacement Product may consist of refurbished equipment that contains used components, some of which have been reprocessed. All used components shall comply with Product performance and reliability specifications.

4. The limited warranty does not cover loss of personal information, passwords, contacts, music, ringtones, pictures, videos, applications or other content, memory cards, software, defects in appearance, cosmetic, decorative or structural items, including framing, and any non-operative parts. Tracfone’s limit of liability under this limited warranty is the actual cash value of the Product at the time the Purchaser returns the Product to Tracfone for repair, determined by the price paid by the Purchaser for the Product less a reasonable amount for usage. Tracfone shall not be liable for any other losses or damages. These remedies are the Purchaser’s exclusive remedies for breach of warranty.

5. The Purchaser shall have no coverage or benefits under this limited warranty if any of the following conditions are applicable:

(a) The Product has been subjected to abnormal use, abnormal conditions, improper storage, exposure to moisture or dampness, unauthorized modifications, unauthorized connections, unauthorized repair, misuse, neglect, abuse, accident, alteration, improper installation, or other acts which are not the fault of Tracfone, including damage caused by shipping.

(b) The Product has been damaged from external causes such as collision with an object, or from fire, flooding, sand, dirt, windstorm, lightning, earthquake or damage from exposure to weather conditions, an act of God, or battery leakage, theft, blown fuse, or improper use of any electrical source, damage caused by computer or internet viruses, bugs, worms, Trojan Horses, “cancel-bots” or damage caused by the connection to other products not recommended for interconnection by Tracfone.

(c) Tracfone was not advised in writing of the alleged defect or malfunction of the Product within fourteen (14) days after the expiration of the applicable limited warranty period.

(d) The Product serial number plate or the enhancement data code has been removed, defaced or altered.

(e) The defect or damage was caused by the defective function of the cellular system or by inadequate signal reception by the external antenna, or viruses or other software problems introduced into the Product.

(f) The Product is outside of the limited warranty period.

6. Tracfone shall not be liable for delay in rendering service under the limited warranty, loss of use of the service during the period that the product is returned for replacement or warranty service or for the loss or unauthorized use of customer passwords, personal information, contacts, pictures, videos, applications, music, ringtones and other content.

7. Tracfone neither assumes nor authorizes any authorized service center or any other person or entity to assume for it any other obligation or liability beyond that which is expressly provided for in this limited warranty including the provider or seller of any extended warranty or service agreement.

8. This is the entire warranty between Tracfone and the Purchaser, and supersedes all prior and contemporaneous agreements or understandings, oral or written, relating to the Product, and no representation, promise or condition not contained herein shall modify these terms.

9. This limited warranty allocates the risk of failure of the Product between the Purchaser and Tracfone. The allocation is recognized by the Purchaser and is reflected in the purchase price. Some states do not allow the exclusion or limitation of incidental and consequential damages, so certain of the above limitations or exclusions may not apply to you (the Purchaser). This limited warranty gives the Purchaser specific legal rights and the Purchaser may also have other rights which vary from state to state.

VI. UNLOCKING POLICY

By accepting this Agreement, you also agree to Verizon Value, Inc.’s Unlocking Policy, available at https://www.tfwunlockpolicy.com/wps/portal/home/, which may be updated from time to time.

Version: 202504