TERMS & CONDITIONS

Introduction

These terms of service ("Terms of Service") apply to your use of ALO mobile services ("Services"). These Terms of Service apply to all of the Services we offer, including the rates, features and terms related to the call minutes, text messages and Internet data you use. The Terms of Service become effective when you accept them, which you do by making a purchase from our website. These Terms of Service are subject to change from time to time as determined by ALO mobile in its sole discretion. Modified and/or updated versions of these Terms of Service will be posted at www.alomobile.io/terms. Modified and/or updated versions of these Terms of Service will be effective immediately upon posting. Using Services after the changes become effective means you agree to the new terms. Unless expressly prohibited by law, we reserve the right to modify or cancel our service or your account or take corrective action at any time and for any reason, including, but not limited to, your violation of any provision of these Terms of Service.These terms and conditions are enforceable with or without notice.

Services & network coverage

Each individual plan is subject to its own set of plan provisions and available services. Please contact info@alomobile.io to inquire about the provisions and available services of a particular plan or refer to the relating terms and conditions of the particular plan.

Suspension or termination

We reserve the right to issue a warning and to suspend or terminate your service and access to the www.alomobile.io website or any other website we operate or to our service at any time if we determine in our sole discretion that you have violated the Terms of Service or any of our rules or policies or for any other reason in our sole discretion. ALO mobile reserves the right to terminate these Terms of Service and your access to the Services immediately and without notification. For a Credit Card chargeback, if the chargeback is not resolved and reversed, your account will be deactivated and we will assess you a termination charge equal to the balance in your account, which is not refundable. If your account is reactivated subsequently, you may be charged a fee for each chargeback.

Abusive or aggressive behavior including communication (whether verbal or written) or sharing of content that may cause our staff to feel afraid, threatened or abused and may include threats, personal verbal abuse, derogatory or lewd content, and rudeness is also unacceptable to us. We also consider inflammatory, racist, and/or sexist statements, remarks of a discriminatory nature, and unsubstantiated allegations, to be abusive behavior. Where a customer is aggressive, abusive, or hostile, we may decide to:

  • Advise the customer that we consider their actions offensive, unnecessary and unhelpful and ask them to stop
  • End telephone calls/appointments/meetings/ chats;
  • Terminate all direct contact with the customer;
  • Suspend or terminate your service and access to the www.alomobile.io website or any other website we operate or to our service;
  • Notify the police. This will always be the case if physical violence is used or threatened; and
  • Take any other action that we consider appropriate to the circumstances.

Reasonable Use Policy

ALO mobile's service is a personal voice/text/data service designed to deliver non-commercial customers with "normal" usage levels and patterns. "Normal" refers to the levels and patterns of at least 95% of our customers on a particular plan. Usage outside of normal, subjects the user and all associated lines with disconnection, suspensions, or limitations. Usage such as this is deemed as Network Abuse and is a violation of ALO mobile terms. In the event a line is limited, suspended, or disconnected this does not absolve any owed remaining balances and balances must be paid in full for the services that were used and rendered.

ALO mobile’s unlimited plans and features are for normal personal, non-commercial use and are device specific, unless prior written authorization from ALO mobile is received. Unauthorized or excessive use beyond that normally experienced by typical user may create network congestion that will manifest itself in increased network congestion, busy signals for themselves and others, and may result in service termination. In fairness to all ALO mobile users, Reasonable Use policies and usage consumption of ALO mobile users will be monitored and enforced to prevent Network Abuse to maintain network quality for ALO mobile users across all plans and services. Use of ALO mobile's multi-line discounts for the purpose of reselling service and generating revenue from said service is strictly prohibited, and will result in service termination.

ALO mobile evaluates customer usage in comparison to typical levels of permissible usage engaged in by legitimate customers.

Each of the following is impermissible under ALO mobile's terms of service and considered outside of normal use:

  • operating a call center
  • resale to others
  • auto-dialing or fax/voice blasts
  • telemarketing
  • without live dialog, including use as a monitor, intercom or for transcription purposes
  • Use services such as but not limited to VPNs, Proxies, and any other services that may allow users to abuse the ALO mobile services outside of the given parameters of any plans or services.

For Voice Call SMS, MMS, network Data, and Network Hotspot services, users who are exceeding the mass of 95% of ALO mobile users usage patterns in a month a monthly cycle may be deemed Network Abuse in accordance with Reasonable Use policies. Unusual usage patterns in terms of unique numbers called, high call forwarding/transferring usage and so on. A customer's aggregate usage may be considered outside of normal use if it exceeds the mass of 95% of ALO mobile users usage patterns in a monthly cycle. IN COMBINATION with one or more of the following, including, but not limited to, excessive:

  • unique numbers called
  • call lengths
  • call forwarding/transferring
  • conference calling
  • short duration calls
  • number of calls made during a month
  • number of calls made to a conference calling service during a month
  • number of calls made during business hours
  • number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame
  • other abnormal calling patterns indicative of an attempt to evade enforcement of ALO mobile
  • Excessive sent and/or received SMS messages
  • Excessive sent and/or received MMS messages
  • Excessive network cellular Data services in a monthly cycle
  • Abnormal usage spikes that are indicated by a significantly high usage consumption in a relatively short period of time for network cellular Data
  • Excessive network cellular Hotspot services in a monthly cycle
  • Abnormal usage spikes that are indicated by a significantly high usage consumption in a relatively short period of time for network cellular Hotspot Based on such a combination, ALO mobile may determine that abnormal, unreasonable or impermissible usage is occurring when compared to typical customers on the same plan, and may take appropriate steps to enforce the Terms of Service.

ALO mobile may also determine that abnormal, unreasonable or impermissible usage is occurring, and may take appropriate steps even if the number of minutes/texts/data used is not excessive, when a customer's calling patterns during more than one month reflect excessive:

  • unique numbers called
  • call lengths
  • frequency of call forwarding/transferring
  • conference calling
  • short duration calls
  • number of calls made during a month
  • number of calls made to a conference calling service during a month
  • calls made during business hours
  • number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame
  • other calling patterns indicative of an attempt to evade enforcement of this ALO mobile terms of service

Acceptable use

All use of the ALO mobile Services must comply with ALO mobile' Acceptable Use Policy as stated herein. ALO mobile services are intended for single user use per line with usage being directed to solely the intended user on their mobile phone. You may not use your phone or device, or our service, for any illegal purpose, including to harass, threaten, abuse, defame or slander any individual or entity. You agree to comply with the AUP, as modified by ALO mobile from time to time in ALO mobile’ sole discretion. Any SMS or MMS messages that You send (a) will not contain any material that is unlawful; (b) will not violate or infringe any copyright, patent, trademark or trade secret or right of privacy or publicity or any other personal or proprietary right of any third parties; (c) will not contain any Unauthorized Code; and (d) will not include unsolicited email, email bombing, proxy email for the purposes of spamming, USENET spam and any and all forms of bulk unsolicited commercial advertising: This includes sending or receiving of mass unsolicited email (SPAM), the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services, the sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or overflow email services, the use of dedicated services to proxy email unsolicited users, the use of dedicated services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties, the use of dedicated services to send, receive, forward, or post UseNet unsolicited email or posts. Bulk SIM orders are only shipped at the discretion of our internal compliance department to prevent misuse of SIM cards. For more information, please contact info@alomobile.io. When you buy and use our Services or any Devices you agree that you will not misuse or abuse our Services or Devices by doing, among other things, any of the following: (a) modifying your Device from its manufacturer's specifications; (b) activating a Device on a Service Plan or with a feature or product not designated for its use; (c) inserting a ALO mobile SIM card into a modem, router, laptop, or other signal broadcasting device. Your Device uses a ALO mobile SIM Card to access our Data Services. You are prohibited from using a ALO mobile SIM Card with any device other than a basic phone, smartphone, or tablet device to access our Data Services. ALO mobile's Data Services may not be used in any manner that has the effect of excessively and disproportionately contributing to network congestion, hindering other customers' access to the network, or degrading network performance by maintaining a sustained or continuous wireless data service connection or active wireless Internet connection.

(These violations will be deemed network abuse and will result in suspension, disconnection, or limitation of the line.)

Other unacceptable usage that ALO mobile does not want to be associated with include: Child Pornography: We have a zero tolerance policy on child porn and we’ll turn you over to the authorities and cooperate with them as much as we possibly can to help them in their investigation of your activity.

Interfering with networks, devices or services: This includes the use of dedicated services or network services for the origination or control of denial of service attacks or distributed denial of service attacks, the storage, distribution, fabrication, or use of malware including virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity, any activity associated with "phishing", or "pharming" (and all other cutsie variants of those activities) or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretenses and all activity related to illegally or maliciously gaining access to a system, device or network to which you do not have explicit permission to do so. We may terminate your service without further notice if you violates this AUP. In most cases we would notify you of an alleged violation of the Acceptable Use Policy before we took any action, but not in all cases. If we terminate your service, your account will be deactivated, you will lose your mobile phone number, and we will assess you a termination charge equal to the balance in your account, which is not refundable. You are solely responsible and liable for all use of Services by any user, even if such use occurs without your permission.

Porting numbers

If you wish to port any existing telephone numbers from another carrier to ALO mobile, you must complete the authorized porting process as defined by ALO mobile; you agree to follow ALO mobile's then-current Policies. In addition to completing the authorized porting process, ALO mobile may require you to enter your current account's password before ALO mobile can initiate a port request and obtain a Confirmed Port Date. The Confirmed Port Date will be established pursuant to industry and any applicable regulatory standards; however, since the time required to port number(s) will be affected by the accuracy of information provided to ALO mobile by you, as well as the actions of your pre-existing voice provider, ALO mobile makes no assurances regarding the time required to port any number(s).

Mobile phone number

The mobile phone number we provide is for your use while you are a customer. If you cancel your service or your account is deactivated, we may give your mobile phone number to another customer without notice (unless you transfer the mobile phone number to another telecommunications provider in accordance with applicable regulations). While we do not expect to change your mobile phone number, and such changes are rare, under certain circumstances, we may be required to change your mobile phone number; if we do so, however, we will notify you prior to any change.

Promotional Offers

In the event of a limited time promotional offer, ALO mobile reserves the right to update or modify terms at any given time for reasons of abuse from general consumers, outside of promotional abuse, ALO mobile may prematurely discontinue any given promotion at any given time with or without notice. We are under no obligation to release, honor, or maintain any promotion or services provided through Promo Code redemption. ALO mobile reserves the right to limit, modify, or discontinue services accessed by Promo Codes for any reason even after such service has been redeemed, at our discretion and without prior notice to you. Promo codes may not be distributed on coupon sharing sites or any other channels deemed by ALO mobile to circumvent their intended usage.

Unlocking

On August 1st, 2014, President Obama signed a bill into law that again made it legal for consumers to unlock their cell phones in order to take them to a carrier that best suits their needs. Almost all unlocked phones that have a SIM card slot will work with ALO mobile. Our goal is to help customers take advantage of savings by moving to ALO mobile's flexible and affordable usage plans. If your phone is locked to a carrier, do not hesitate to reach out to us. While we don't unlock it ourselves, our support team can recommend unlocking options for you. Please contact info@alomobile.io for more information.

Customer identity

ALO mobile customers are prohibited from creating and using false subscriber accounts used to mask real identities or to otherwise interfere with ALO mobile's direct line of communication with the actual users of our network and service.

In addition, customers are prohibited from creating multiple subscriber accounts used for circumventing ALO mobile's pricing, plans, discounts, or services.

Any subscriber accounts without unique, accurate, and verifiable customer identity information are subject to immediate line suspension without refund or prior notice.

ALO mobile may require an Identity verification using a valid form of government identification that is accepted by ALO mobile and our system, a Social Security verification, as well as other verification services including but not limited to email verification, phone number verification, address verification.

Customer information

When you agree to the Terms of Service, you also agree to the terms of our Privacy Policy available on our website. This 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. In the course of providing service to you, we may collect certain information made available to us solely because of our relationship with you, including information regarding the nature and type of your service and the calls that you place and receive. We always will handle this data, which is "Customer Proprietary Network Information" ("CPNI"), in accordance with Federal Communications Commission regulations, federal consumer privacy laws and our Privacy Policy. We take reasonable steps to protect CPNI and your other personal information from unauthorized use or disclosure. We will not intentionally share your personal information without your permission. We are legally and contractually obligated to cooperate with law enforcement in the investigation of violations of law. We may disclose to law enforcement authorities and governmental agencies any information, including your name, account history, account information or other transmission data properly requested by law enforcement.

Dispute resolution

We and you each agree to contact each other first with any disputes. You must contact us with any dispute by the means indicated on our website. Please provide a description of the problem, all relevant documents/information and the proposed resolution. We will contact you at the last address
that you have provided us or on your mobile phone. We each agree to negotiate in good faith to resolve any dispute.
If a claim proceeds in court, we each waive any right that we may have to trial by jury in any lawsuit or other proceeding to the extent permitted by law.
To file a dispute with ALO mobile and to reach a solution amicably to your grievance, please contact info@alomobile.io.

Limitation of liability, indemnity

We and you agree to limit claims for damages or other monetary relief against each other to direct and actual damages unless prohibited by law. You agree that we and our business partners are not liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of products or services or under any legal theory, including fraud, misrepresentation, breach of contract, personal injury, product liability or any other theory. We assume no risk or responsibility for your use of any of content. We are not liable for (1) any act or omission of any other company furnishing a part of our service or any equipment provided for such service; (2) errors or omissions of our business partners; (3) any damages that result from any product or service provided by or manufactured by third parties; or (4) any unauthorized or disputed charges for our services that appeared more than 30 days earlier on your online account statement which you did not promptly dispute in accordance with the Terms of Service. You acknowledge that no fiduciary or other special relationship exists between you and us, by virtue of the Terms of Service or your use of our Services. You also agree we are not liable for missed voicemails or deletion of contacts from your address book, content, or lost messages from your voicemail system.

You agree to indemnify and hold harmless us and our affiliates and their respective officers, agents, 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) resulting from your use of our products and services, or use of our products and services by another person who uses your mobile phone and/or our products or services, whether based in contract or tort (including strict liability) and regardless of the form of action.

Resellers, Dealers, and Intermediaries'

We do not allow resellers, dealers or other intermediaries to use our name and service without written authorization from the ALO mobile Compliance Department.
Prohibited reseller activities include, but are not limited to: (a) the use of our name and branding (b) the ordering of SIM cards or phones with intention to resell or give away in connection with a related revenue generating activity (c) any revenue generating activity related to ALO mobile products or services, such as reselling our SIM cards or activating ALO mobile service for others in exchange for money or services.

Effect of terms of service

These Terms of Service supersede all oral or written communications and understandings between you and us with respect to our products and services and the terms under which they are offered and provided to you. If any part of the Terms of Service is declared invalid or unenforceable, all other parts of the Terms of Service are still valid and enforceable. No provision of the Terms of Service provides any person or entity not a party to the Terms of Service with any remedy, claim, liability, reimbursement, or cause of action, or creates any other third-party beneficiary rights.
Unless otherwise specified herein, any disputes of a legal nature, whether a claim, complaint, arbitration demand or otherwise, shall be subject to the exclusive jurisdiction of the federal or state courts located within the State of California. All legal cases will be under the jurisdiction of the State of California Governing Law.

Applicable charges

The charges payable by you for Services, including, without limitation any amounts due with respect to any applicable Mobile Device(s), are as provided in your service plan and these Terms of Service. Except as expressly provided in these Terms of Service or your service plan, ALO mobile may increase any applicable charges upon at least thirty (30) days' prior written notice to you for changes to normal network subscription services charges or fees. All rates and charges are subject to change immediately if there is any Regulatory Activity. If any Regulatory Activity occurs, ALO mobile reserves the right, at any time with as much advance written notice as commercially reasonable and without liability to ALO mobile, to modify Services, charges, rates, promotions, terms and/or conditions of these Terms of Service to conform to such Regulatory Activity; or if such Regulatory Activity materially and adversely impairs the provision of Services, as determined by ALO mobile, terminate these Terms of Service.

In addition to the service charges invoiced by ALO mobile, the Company also imposes a separate Recovery Fee (“RF”) on certain plans. The RF is based on a sliding scale and can vary based on the plan selected. The RF is a discretionary fee collected and retained by ALO mobile to help recover and defray certain costs the Company incurs, including:

  • 1) Federal and state regulatory fees associated with Universal Service programs, the provision of telecommunications services for the sight and hearing impaired, local number portability, and North American Numbering Plan administration; and
  • 2) Administrative costs, fees and expenditures related to compliance with federal and state regulatory programs and annual FCC regulatory fee obligations; and
  • 3) State and local transaction tax and 911 fee obligations associated with the provision of telecommunications services.

The RF is not a government tax, or government-imposed fee.

Assignment

You may not assign your rights or delegate any of your duties under the Terms of Service without our prior written consent, and any attempted assignment or delegation without such consent is void. We may assign all or part of the Terms of Service or your debts to us without notice. These Terms of Service, together with any attachments referenced in these Terms of Service, including, without limitation, the terms of any applicable service plan, the acceptable use policy posted at alomobile.io/terms or any other addenda entered into from time to time, each of which is incorporated herein by reference, constitute the entire understanding between you and ALO mobile. You are not relying on any affirmation of fact, description, or promise from (or purported to be from) any person or entity, nor any other oral or written representation or warranty that is not expressly included in these Terms of Service.

When you accept these Terms of Service, you are representing that you are at least 18 years old and are legally able to accept an agreement. If you accept on behalf of any organization, you are representing that you are authorized to bind that organization and, where the context requires, "you" means the organization.

SMS Policy

By entering your phone number for use pertaining to ALO mobile, you agree to receive text messages from us and agree to the associated Terms of Service. These messages will be used for important notifications, security confirmations, and other relevant notifications or promotions regarding your use. This is a recurring subscription. You understand and agree that you will receive a confirmation text message for each text message sent to ALO mobile. Message Frequency may vary. Reply STOP to cancel. Msg&Data Rates May Apply. If you experience any problems with opting out of the text program, or if you need help or additional information related to the text program, please text "HELP " to info@alomobile.io.

While the text program is complimentary, message and data rates may apply, and may be deducted from your prepaid balance. All carriers including ALO mobile, and any wholesale partner carriers are not liable for delayed or undelivered messages. ALO mobile is also not responsible for incomplete, lost, late, or misdirected messages including (but not limited to) undelivered, incomplete or inaccurate messages resulting from any form of filtering or otherwise by any other party or entity. ALO mobile also reserves the right, in its sole discretion, to cancel or suspend any or all of its text program, in whole or in part, or your participation therein, for any reason, or without (a) any notice to participants of the text program, including you, or (b) any obligation of ALO mobile to offer or support any similar replacement program or service.

2G and 3G shutdown

The 3G networks of all major national wireless carriers will be decommissioned in 2022 to free up frequency bands for the faster, more efficient and more reliable 4G and 5G networks. 3G-only phones will no longer be able to place or receive calls or access other data services, such as emergency services. ALO mobile will not be able to activate or render services for users who are using devices that are using a 2G or 3G mode type.

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