T-Mobile Terms and Conditions of Service
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The terms and conditions relating to any additional features you may have selected or as may be included in your Rate Plan, including, but not limited to:
- MyExtras Terms of Service
- Premium Handset Protection®Terms and Conditions
- Our International Long Distance Terms and Conditions
If the terms and conditions relating to a feature you selected or included in your Rate Plan conflict with these T&Cs, your Rate Plan will control. You accept our T&Cs by doing any of the following: (a) giving us a written or electronic signature or confirmation, or telling us orally that you accept our T&Cs; (b) activating using, or paying for the Service or a Device; or (c) opening the Device box. You also agree to the terms and conditions of service and use related to any feature(s) you may have selected or that may be included in your Rate Plan. By accepting our T&Cs, you agree to the following (see our full T&Cs below for all terms):
- You waive your right to a jury trial in disputes with us.
- Your disputes with us will be decided by an arbitrator or in small claims court.
- You waive your right to institute or participate in class action litigation against us.
- You will provide us with accurate information about yourself.
- We may communicate with you from time to time about your Service.
- You will pay all taxes and regulatory fees even if your rate plan is inclusive of taxes and regulatory fees.
- We may terminate your Service if you fail to timely pay for your Service or violate the T&Cs in any way, including abuse of the Service or violations of applicable laws.
Effective as of May 15, 2023
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WHO IS THIS AGREEMENT WITH?
These T&Cs are an agreement between you, on behalf of yourself and your Authorized Users, and us,
HOW DO I ACCEPT THESE T&Cs?
You accept these T&Cs by doing any of the following things:
- giving us a written or electronic signature or confirmation, or telling us orally that you accept;
- activating, using or paying for the Service or a Device; or
- opening the Device box.
If you don’t want to accept these T&Cs, don’t do any of these things.
When you accept, you're telling us that you are of legal age (which means you are either legally emancipated, or have reached the age of majority as defined in your jurisdiction) and that you are able to enter into a contract. If you accept for an organization, you're telling us that you are authorized to bind that organization, and references to "you" in these T&Cs may mean the organization.
WHAT IS INCLUDED IN THESE TERMS AND CONDITIONS?
In these T&Cs, you'll find important information about:
- Our services provided to you (“Service”);
- Any equipment for which we provide Service or which we provide to you to be used with our Service, such as a phone, handset, tablet, SIM card, or accessory (collectively, a “Device”);
- Any charges, taxes, fees, and other amounts we charge you or that were accepted or processed through your Device (“Charges”);
- Privacy information;
- Network management practices;
- Limitations of liability; and
- Resolution of disputes by arbitration and class action and jury trial waivers.
ARE THERE ANY OTHER TERMS THAT APPLY TO ME?
Yes. Your “Agreement” includes these T&Cs, the additional terms found in your Rate Plan, your Data Plan, your Start of Service form, terms and conditions to any additional features you have selected, and provisions linked to from these T&Cs. Sections marked “*” continue after termination of our Agreement with you.
You should be aware that our Privacy Notice, located at www.
HOW DO I RESOLVE DISPUTES WITH METRO BY
By accepting these T&Cs, you are agreeing to resolve any dispute with us through binding arbitration or small claims dispute procedures (unless you opt out), and to waive your rights to a jury trial and to participate in any class action suit. For additional terms and conditions governing a dispute between us, including how to dispute Charges assessed to you on your account, choice of law, disclaimers of certain warranties, limitations of liabilities, and your indemnification obligations, see “Other Terms Regarding Dispute Resolution” below.
Individualized Dispute Resolution and Arbitration. YOU AND WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES OF ANY NATURE, INCLUDING TORT AND STATUTORY CLAIMS, IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OUR PRIVACY NOTICE, PRIVACY OR DATA SECURITY PRACTICES, OUR SERVICES, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION OR IN SMALL CLAIMS COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).
This includes any claims against other parties relating to Services or Devices provided or billed to you (such as our suppliers, dealers, authorized retailers, or third-party vendors) whenever you also assert claims against us in the same proceeding. You and we each also agree that the Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern the enforceability of this dispute resolution provision (despite the general choice of law provision set forth below).
For Puerto Rico customers, references to "small claims court" should be understood to mean the Puerto Rico Telecommunications Bureau (“TB”) for matters within the jurisdiction of said agency. See OTHER TERMS REGARDING DISPUTE RESOLUTION for details on the billing dispute process in Puerto Rico.
Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE EARLIER OF THE DATE YOU PURCHASED A DEVICE FROM US OR THE DATE YOU ACTIVATED A NEW LINE OF SERVICE (the “Opt Out Deadline”). You must opt out by the Opt Out Deadline for each line of Service. You may opt out of these arbitration procedures by calling 1-844-746-4691 or online at www.metropcsdisputeresolution.com/en. Any opt-out received after the Opt Out Deadline will not be valid and you will be required to pursue your claim in arbitration or small claims court.
For all disputes or claims you have, you must first give us an opportunity to resolve your claim by sending a written description of your claim (“Notice of Dispute”) to the address provided in the “How Do We Notify Each Other” Section below. The Notice of Dispute must contain enough information for us to identify your account and attempt to resolve your claim, including (a) the name of the Metro by
If we are unable to resolve any claims within 60 days despite those good faith efforts, then either you or we may start arbitration or small claims court proceedings. To begin arbitration, you must send a letter requesting arbitration and describing your claim to our registered agent (see the “How Do We Notify Each Other” section below) and to the American Arbitration Association (“AAA”). The arbitration of all disputes will be administered by the AAA under its Consumer Arbitration Rules in effect at the time the arbitration is commenced, except to the extent any of those rules conflicts with our agreement in these T&Cs, in which case these T&Cs will govern. The AAA rules are available at www.adr.org . If the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or we may elect 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 election in writing. Any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding will remain closed unless and until the small claims court issues a decision that the claim should proceed in arbitration.
The arbitration of all disputes will be conducted by a single arbitrator, who shall be selected using the following procedure: (a) the AAA will send the parties a list of five candidates; (b) if the parties cannot agree on an arbitrator from that list, each party shall return its list to the AAA within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. All arbitrators appointed pursuant to this process are subject to the disclosure and disqualification procedures set forth in the AAA rules and any applicable state laws or rules.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. If you initiate an arbitration, you are required to pay AAA’s initial filing fee, but we will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county (or parish) of residence. If the arbitrator finds that either the substance of your claim or the relief sought was frivolous, or that your claim was brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then we will not reimburse your initial filing fee and may seek an award of our legal fees or costs against you and/or your counsel. This Agreement authorizes the arbitrator to award fees or other sanctions against your counsel. Any facts, evidence, documents, or testimony introduced or produced in an arbitration proceeding may be used only in that proceeding and may not be disclosed, introduced, or used in another arbitration proceeding even if it involves the same or similar claims. We each also agree that the arbitrator will not be bound by rulings in any prior arbitrations not involving the same parties, even if they involved the same or similar claims.
The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. If you seek injunctive or declaratory relief, you agree that the arbitrator may award injunctive or declaratory relief in favor of you alone, and only to the extent necessary to resolve your individual claim.
The arbitrator will have the power to rule on their own jurisdiction, including any issues concerning the existence, validity, or scope of either this Agreement or the arbitration clause, including whether any claim is subject to arbitration, provided that: (1) any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator; and (2) a court will have the authority to determine whether the parties have complied with the informal dispute resolution procedures set out above and whether any claim you or we have filed in arbitration or in court is inconsistent with the Class and Mass Action Waiver included in these T&Cs.
Class and Mass Action Waiver. YOU AND WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, REPRESENTATIVE, MASS, OR CONSOLIDATED ACTION. If you opt out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, mass, or representative proceeding without having complied with the opt out requirements above.
In any action between you and us, if a court or an arbitrator determines that any part of this arbitration provision or Class and Mass Action Waiver is unenforceable with respect to any claim, remedy, or request for relief, then the arbitration provision and Class and Mass Action Waiver will not apply to that claim, remedy, or request for relief. But the arbitration provision and Class and Mass Action Waiver will still apply to all other claims, remedies, and requests for relief that you or we may assert in that or any other action. In any such case, you and we agree that we will arbitrate all claims, remedies, and requests for relief subject to individual arbitration first, and that any remaining unresolved claims, remedies, or requests for relief may be pursued in court only after the arbitrator’s award has been issued. In any such proceeding, the arbitrator’s factual findings will not be entitled to deference by the court.
Jury Trial Waiver. If a claim proceeds in court rather than through arbitration, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
California Customers. Our Utility number is U-3079-C. If you file a claim related to your monthly payment with the Consumer Affairs Branch ("CAB") of the California Public Utilities Commission you must, within 24 hours of filing, inform us by writing to the Customer Service address set forth in the HOW DO WE NOTIFY EACH OTHER? Section. If we resolve your dispute, you agree to withdraw your claim with the CAB.
WHAT IS A RATE PLAN?
Your “Rate Plan” includes your Service allotments, for example, for minutes, messages or data, rates and other terms. We may introduce access to new technologies, features, or services that you can add for an additional charge. If any term in your Rate Plan conflicts with these T&Cs, the term in your Rate Plan governs.
Unused Rate Plan allotments, bundles, or buckets expire at the end of your service cycle and do not roll over to the next service cycle. The Rate Plan to which you subscribe when you initiate Service, as modified by us from time to time in accordance with this Agreement, will remain in effect for the term of your Service until or unless we change your Rate Plan or you choose to subscribe to a different Rate Plan, if available to you. If we offer more than one Rate Plan in your area and you wish to change the Rate Plan to which you subscribe, you may contact us to request a change in your Rate Plan to any other Rate Plan for which you are eligible. Rate Plan changes may not be effective immediately, and you may be required to pay to make such changes.
Our Service is non-refundable (even if returned during the Cancellation Period), and no refunds or other compensation will be given for unused service, lost or stolen prepaid cards, or coupons. You will not have access to detailed usage records or receive monthly bills.
HOW WILL I BE CHARGED FOR DATA USAGE?
Data service may be included in your Rate Plan or data pass or you may be charged for data usage on a pay per use basis (“Data Plan”). Your Rate Plan and/or Data Plan will contain more information about how we calculate data usage. You can check your current usage by visiting your MyAccount. If you do not have a Data Plan, your Device may not be able to access data services.
You can password protect your account information by establishing a personal identification number ("PIN"). You can also set a backup security question and answer in the event you forget your PIN. Keep in mind you should not share your PIN, passwords, and other account access credentials like your backup security question. This information is sensitive so take steps to protect it. If you give your personal account validation information to someone (“Authorized User”), they can access, and may be able to make changes to, your account just as you can, including incurring charges for which you are responsible. Those changes will be binding on you. We take no responsibility for changes made to your account by any Authorized User. If you feel that your password has been compromised, call us immediately to change your password. You will need to verify identity before we provide access to account information. When calling us, this requires presentation of a one-time PIN that is provided to you at the time of the call via text, and to make changes to the account, you must also supply your PIN or password. We will treat presentation of the proper account validation information as authorized access to an account.
Your Device may contain sensitive or personal information. We are not responsible for any information on your Device, including sensitive or personal information. At all times, you should remove or otherwise safeguard any sensitive or personal information when your Device is out of your possession or control, including, but not limited to, relinquishing, exchanging, returning or recycling your Device. By providing your Device to us, you agree that our employees, contractors, or vendors may access all of the information on your Device.
WHERE, HOW, AND WHEN DOES MY SERVICE WORK?
These T&Cs describe the experience you can expect on our network, including information about our reasonable network management practices, and the experience on our roaming partners’ networks. Please check our coverage maps, which approximate our anticipated coverage area outdoors. Your experience on our network may vary and change without notice depending on a variety of factors. You agree that we are not liable for problems relating to Service availability or quality. To provide a great experience for the customers across our network for many, Rate Plans, we prioritize the data usage of our heavy data users, below that of other, customers. This threshold number is specified in your Rate Plan; it is also periodically evaluated and may change over time. To differentiate the services we sell, we also prioritize the data of most Metro by
Using Our Networks
WILL MY SERVICE VARY? WHAT FACTORS MAY AFFECT MY SERVICE?
As our customer, your actual Service area, network availability, coverage and quality may vary based on a number of factors, including your selected service, network capacity, terrain, weather, if you are on a private or public
We engineer our network to provide consistent high-speed data service, but at times and at locations where the number of customers using the network exceeds available network resources, customers will experience reduced data speeds. In those cases, Metro by
Where the network is lightly loaded in relation to available capacity, a customer whose data is prioritized below other data traffic 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 locations where the network is heavily loaded in relation to available capacity, however, these customers will likely see significant reductions in data speeds, especially if they are engaged in data-intensive activities. Customers should be aware that these practices may occasionally result in speeds below those typically experienced on our 5G or LTE networks. We constantly work to improve network performance and capacity, but there are physical and technical limits on how much capacity is available, and in constrained locations the frequency of heavy loading in relation to available capacity may be greater than in other locations. When network loading goes down or the customer moves to a location that is less heavily loaded in relation to available capacity, the customer’s speeds will likely improve. Visit www.metroby
*CAN I ROAM ON MY DEVICE?
Domestic Roaming. Your Device may connect to another provider’s network (“Off-Net”). This may happen even when you are within the
International Calling & Messaging. Availability and features offered for international calling and messaging vary depending on your Rate Plan and Device. All countries may not be available for calling and messaging, and available countries may change from time to time; visit, www.metroby
We deploy streaming video optimization technology in our network, which also helps to ensure that available network capacity can be utilized to provide a good service experience for the maximum number of customers. The optimization technology is intended to manage data usage on the network, reduce the risk of streaming video stalling and buffering on mobile devices, and reduce the amount of data consumed for streaming video, making room for other users to enjoy higher speeds and a better network experience overall. Video optimization occurs only to data streams that are identified by our packet-core network as video or where the video provider has chosen to establish protocols to self-optimize their video. While many changes to streaming video files are likely to be indiscernible, the optimization process may impact the appearance of the streaming video as displayed on a user’s Device. In some instances, video optimization may also identify and treat downloads of video files as if they were real-time video streams. However, we offer content providers a way to opt-in to a protocol to help identify video downloads and ensure they are not treated as streaming video. . Most Metro by
*HOW WILL I BE CHARGED FOR USE OF THE SERVICES?
You agree to pay all Charges in advance before the first day of your Service cycle. Service Charges cannot be paid in arrears. You also agree to pay in advance all Charges we assess or that were accepted or processed through all Devices on your account. Unless otherwise specified in your Rate Plan, monthly service cycles are approximately 30 days long. The dates of your monthly or weekly service cycle and other dates related to your account may change from time to time. You agree to provide us with accurate and complete account address and tax related information and to report all changes within 30 days of the change. Wireless access to corporate/employee email may require additional server or server access, licenses, or additional requirements which may incur additional charges. By requesting wireless access to corporate/employee email, you agree to pay any of these additional charges.
You may authorize recurring payment of your Charges through a credit or debit card or bank transfer authorization, which authorizes us to charge all amounts you owe us to the credit or debit card or bank transfer authorization up to five (5) days prior to the due date and to demand immediate payment from the card or debit issuer or bank. We may change the day on which we charge your credit or debit card, in our sole discretion, but in no event will that day be more than five (5) days prior to the due date.
Charges to that credit or debit card. You must promptly notify us of any change in the credit or debit card or bank transfer authorization you want to use for payment. You may also make a payment by credit or debit card online at www.metroby
Your Device can be used to purchase services and products from third parties, and Charges for these purchases may be included on your Metro by
Off-Rate Plan Charges. You may have to pay extra for calls to some numbers (e.g. conference & chat lines, broadcast, calling card, international, 900 or 976 calls, etc.).
Here is more information about how we charge for calls, data usage and messaging,
Usage. Airtime usage is measured from the time the network begins to process a call (before the phone rings or the call is answered) through its termination of the call (after you hang up). For voice calls, we round up any fraction of a minute to the next full minute. Depending upon your Rate Plan, data usage may be rounded at the end of each data session, at the end of your billing cycle, and/or at the time you switch data plans. You may be charged for more than one call/message when you use certain features resulting in multiple inbound or outbound calls/messages (such as call forwarding, call waiting, voicemail, conference calling, and multi-party messaging). You will be charged for text, instant or picture messages, and email whether read or unread, sent or received, solicited or unsolicited. We use filters to block spam messages, but we do not guarantee that you will not receive spam or other unsolicited messages. Additional blocking options are available at www.metroby
Taxes. You agree to pay all taxes and fees imposed by governments or governmental entities. We may not give advance notice of changes to these charges. To determine taxes & fees for service Charges, we use the street address you identified as your Place of Primary Use (“PPU”), unless the tax laws require use of a different address in which case we utilize the best information available to us to determine the correct address. The PPU for Puerto Rico customers must be in Puerto Rico. If you did not identify the correct PPU, or if you provided an address, such as a PO Box, that is not a recognized street address, does not allow us to identify the applicable taxing jurisdiction(s), or does not reflect the Service area associated with your telephone number, you may be assigned a default location for tax purposes. Except as may be otherwise required by law, in the event you dispute your PPU or the location we assigned you and the resulting taxes or fees applied on your account, you must dispute the tax or fee within 60 days of the date of the Charge containing such tax or fee and we will update your PPU. Taxes and fees may change from time to time without notice.
Surcharges. You agree to pay all surcharges applicable to your Rate Plan. Surcharges are not mandated or imposed on you by law, they are Metro by
Taxes and Surcharges. When Taxes and/or Surcharges are assessed in connection with your Service, you can find the Taxes and Surcharges detailed in in “Other Charges, Adjustments & Credits” or “Government Taxes & Fees” section of your statement, which you can access from your MyAccount or at www.metroby
Other Fees. We may charge activation, prepayment, reactivation, program, payment convenience, or other fees to establish, change, or maintain Services. Certain transactions may also be subject to a charge (for example, convenience payment, changing phone numbers, handset upgrades, etc.). We will tell you if any of these fees apply to your requested transaction. Taxes and Surcharges may apply in addition to these Other Fees.
WHAT IF I DON’T PAY ON TIME?
Your payment will be considered late if we do not receive it before the first day of the Service cycle for which the payment is due. If we accept late or partial payments, you still must pay us the full amount you owe. In addition, we may charge an additional fee up to the maximum amount permitted by law for any check or other negotiable instrument tendered by you and returned unpaid by a financial institution for any reason. Non-payment fees are intended to be a reasonable advance estimate of our actual costs resulting from non-payments by our customers; these costs are not readily ascertainable and are difficult to predict or calculate at the time that these fees are set. We also reserve the right to report any check returned to us to reporting and credit agencies and law enforcement.
If your account is unpaid or otherwise not in good standing, your service may be reduced, suspended, or terminated. If your Service is terminated and you promptly pay past due amounts, we may reconnect your Service after you have paid any reconnection fees. In such case, your service cycle anniversary date will not change, which will result in fewer days of Service for that month. If you have a dispute regarding the Charges to your account, or about the Services provided to you, you agree to follow the notification process set forth in the “How Can I Dispute My Charges?” Section. Unless otherwise provided by law, you must pay disputed Charges until the dispute is resolved. If you accept a credit, refund or other compensation or benefit to resolve a disputed Charge, you agree that the issue is fully and finally resolved and such credit will act as an accord and satisfaction.
CAN METRO BY
We may remotely change software, systems, applications, features or programming on your Device without notice. These changes will modify your Device and may affect or erase data you have stored on your Device, the way you have programmed your Device, or the way you use your Device. You will not be able to use your Device during the installation of the changes, even for emergencies.
CAN I DOWNLOAD AND USE THIRD PARTY CONTENT AND APPS ON MY DEVICE?
Your Device’s Software is licensed, not sold, to you by us and/or other licensors for your personal, lawful, non-commercial use on your Device only. You may only use the Software as authorized by its license. Your Device’s “Software” includes its software, interfaces, documentation, data, and Content & Apps, as each may be updated or replaced by feature enhancements or other updates.
Except as permitted by applicable law, you may not assign, transfer, sublicense, copy, reproduce, redistribute, resell, modify, decompile, attempt to derive the source code of, or reverse engineer all or any part of the Software, or alter, disable or circumvent any digital rights management security features embedded in the Software. The Software may not be transferable from one Device to another Device. You may not create derivative works of all or any part of the Software. You agree the Software contains proprietary content and information owned by us, our licensors, and/or other third parties. We, our licensors, and such other third parties reserve the right to change, suspend, terminate, remove, impose limits on the use or access to, or disable access to, the Software at any time without notice and will have no liability for doing so. You agree that your violation of the Software license harms us, our licensors, and/or other third parties, that this harm cannot be fully redressed by money damages, and that we, our licensors, and such other third parties shall be entitled to immediate injunctive relief in addition to all other remedies available.
*WHAT IS THE TERM OF THESE T&Cs?
You are a month-to-month customer. You are free to go at any time, although we’d be sad to see you leave. If you terminate your Service, your termination will be effective at the end of your current month of Service (unless you port-out your number) and you are responsible for all Charges incurred through the end of that period. If you port your number to another carrier, your Service will be terminated when the porting is complete and you are responsible for all Charges incurred until the port-out is complete. If we terminate your Service, we will determine the date of termination, and you will be responsible for all usage and Charges through the date of termination.
CAN METRO BY
Yes. We may change, limit, suspend or terminate your Service or this Agreement at any time, including if you engage in any of the prohibited uses described below under “What are the permitted and prohibited uses for my Device and the Service?,” no longer reside in a
With respect to domestic long distance, roaming, international long distance, and any other service provided by us (or to us by third parties), we may change the locations and destinations where such Services may be used or where calls can be placed or placed in specific Rate Plans, or the rates and terms applicable to such locations and destinations, without prior notice to you. Certain charges may be imposed by third parties and we may, as an accommodation, allow such charges to be paid through your account.
*YOUR CONSENT TO BE CONTACTED
We may contact you without charge, on any wireless telephone number assigned to your account for any purpose, including marketing, and in any manner permitted by law. You also expressly consent to be contacted by us or our agents for any purpose, including billing and collection, at any mailing address, telephone number, email address, or any other electronic address where you may be reached. You agree that we or our agents may contact you in any manner, including pre-recorded/artificial voice or an automatic telephone dialing system. You agree to notify us promptly if you can no longer be reached at a contact number you provided us. You represent that you have received the consent of any Authorized Users and other users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your Service and account.
HOW DO WE NOTIFY EACH OTHER?
You may contact us at www.metroby
To begin arbitration or any other legal proceeding, you must serve our registered agent. Our registered agent is Corporation Service Company and can be contacted at 1-866-403-5272. For Puerto Rico customers, our registered agent is Fast Solutions, LLC and can be contacted at Citi Tower, 252 Ponce de Leon Avenue, Floor 20, San Juan, Puerto Rico, 00918, phone: 1-787-688-5881.
We participate in the wireless emergency alerts program administered by the federal government within portions of our network. This allows federal, state, and local government agencies to send alerts about local emergencies to our customers in specifically defined geographic areas. Wireless alert capable handsets with appropriate notification settings are required for the service. There is no additional charge for these wireless emergency alerts. For details visit www.metroby
PLEASE CAREFULLY READ THE INFORMATION BELOW. IT CONTAINS IMPORTANT INFORMATION REGARDING LIMITATIONS OF 911 FUNCTIONALITY. YOU ACKNOWLEDGE THESE LIMITATIONS AND AGREE TO SHARE THESE LIMITATIONS WITH ANYONE WHO MAY USE YOUR SERVICE TO PLACE CALLS OR SEND TEXTS.
911 services are provided by your state and local government. Our handsets are capable of making calls to 911 in the United States, and 911 access is available to customers regardless of your Rate Plan. The handset must have battery power and network connectivity to complete a 911 call. Although we are often capable of communicating your phone number and/or current location to a public safety answering point (“911 Communications Center”), in some cases, 911 Communications Center operators may not know your phone number or have information about your current location so you should provide your contact information and current location. Other third-party entities are involved in connecting a 911 call and we are not solely responsible for determining which 911 Communications Center your 911 call may be routed to. If you are porting a phone number to or from us, we may not be able to provide you with 911 location services while the port is in process. If you are outside the U.S., you may have to dial a different number than 911 to call emergency services.
Text-to-911. Text-to-911 service may be available in some locations where our service is provided. This is dependent on your local 911 Communication Center’s ability to receive text messages.
TTY Calls to 911. Calls to 911 from a TTY will not work when using
VoIP Services and
- If you use the VoIP Service in a location other than at Your E911 Registered Address;
- If you use a non-native telephone number;
- If there is a problem with the broadband network utilized; and
- If you have lost electrical power.
Before using any of our VoIP service, you must provide us with the primary street address at which the VoIP service will be used (“Your E911 Registered Address”). If you call 911 using our VoIP service, including
In some circumstances when using our VoIP service, including
We offer services that help you to monitor and filter, or restrict, internet access to minors. See Metroby
*WHAT ARE THE PERMITTED AND PROHIBITED USES FOR MY DEVICE AND THE SERVICES?
Our wireless network is a shared resource, which we manage for the benefit of all of our customers. Your Data Plan is intended for Web browsing, messaging, and similar activities. Certain activities and uses of our Services and your Device are permitted and others are not. If you buy a Device manufactured for use on our network, you agree, and we rely on your agreement, that you intend it to be activated on our Service and will not resell or modify the Device, or assist anyone doing so. Here are examples of permitted and prohibited uses.
Permitted uses include:
- Voice calls;
- Web browsing;
- Streaming music;
- Uploading and downloading applications and content to and from the Internet or third-party stores;
- Using applications and content without excessively contributing to network congestion; and
- Tethering your Device to other non-harmful devices pursuant to the terms and conditions and allotments of your Data Plan.
Unless explicitly permitted by your Rate Plan or Data Plan, you are not permitted to use your Device or the Services in a way that we determine:
- Uses a repeater or signal booster other than one we provide to you;
- Compromises network security or capacity, degrades network performance, uses malicious software or “malware”, hinders other customers’ access to the network, or otherwise adversely impacts network service levels or legitimate data flows;
- Uses applications which automatically consume unreasonable amounts of available network capacity;
- Uses applications which are designed for unattended use, automatic data feeds, automated machine-to-machine connections, or applications that are used in a way that degrades network capacity or functionality;
- Misuses the Service, including "spamming" or sending abusive, unsolicited, or other mass automated communications;
- Accesses the accounts of others without authority;
- Results in more than 50% of your voice and/or data usage being Off-Net (i.e., connected to another provider’s network) for any 2 service cycles within any 12-month period;
- Results in unusually high usage (meeting the definition of a heavy data user for your Rate Plan) and the majority of your data usage being Smartphone Mobile HotSpot (tethering) usage for any 3 service cycles within any 6-month period;
- Resells the Service, either alone or as part of any other good or service;
- Tampers with, reprograms, alters, or otherwise modifies your Device to circumvent any of our policies or violate anyone’s intellectual property rights;
- Causes harm or adversely affects us, the network, our customers, employees, business, or any other person;
- Conflicts with applicable law;
- Is not in accordance with these T&Cs; or
- Attempts or assists or facilitates anyone else in any of the above activities.
*WHAT HAPPENS IF MY DEVICE IS LOST OR STOLEN?
Call us immediately if your Device is lost or stolen because you may be responsible for additional usage charges incurred in excess of your Rate Plan Charges, applicable taxes, fees, and surcharges before you notify us. If Charges are incurred before you notify us, you are not liable for Charges you did not authorize, however, the fact that your Device or account was used is some evidence of authorization. You agree to cooperate with us and provide information if we investigate the Charges you believe were unauthorized. If we determine the Charges were unauthorized, we will credit your account. If we determine the Charges were authorized, we will inform you within 30 days, and you will remain responsible for the Charges. If you request that we not suspend your Service, you will remain responsible for all Charges incurred. We may prevent a lost or stolen Device from registering on our and other networks.
To learn about additional anti-theft measures that may apply to you, visit https://www.ctia.org/the-wireless-industry/industry-commitments/smartphonea-anti-theft-voluntary-commitment.
OTHER TERMS REGARDING DISPUTE RESOLUTION
*How Can I Dispute My Charges?
If you have any questions about your Charges or want to dispute any Charges, please contact us by visiting www.metroby
Puerto Rico customers: Unless otherwise provided by law or these T&Cs, for Charge disputes, you must notify us not later than 20 days from the date the disputed Charge appeared on your account. If you don’t, you may not pursue a claim in arbitration or with the TB. We will provide you with a determination regarding the Charge dispute you present to us within 20 days after we receive it. You will have 20 days from the mailing date of the notification to request a reconsideration of our determination. You may appeal our determination to the TB by filing a petition for review up to 30 days after the date of our determination. Your petition for review shall be made through the filing of a document containing the following information: (a) your name and address; (b) our company name; (c) the pertinent facts; (d) any applicable legal provisions that you are aware of; and (e) the remedy you are requesting. The document may be filed handwritten or typewritten and must be signed by you. You must send us a copy of your document to the following address: B-7 Calle Tabonuco Suite 700, Guaynabo, Puerto Rico 00969, Attn: Customer Care Manager. You must send your petition for review to the Puerto Rico Telecommunications Bureau at the following address: 500 Ave. Roberto H. Todd (Pda. 18 – Santurce), San Juan, Puerto Rico 00907-3941. The TB will review our determination only on appeal. You are advised of the provisions regarding suspension of Service that appear in Law 33 of July 7, 1985, Law 213 of September 12, 1996 and Regulations 8065 promulgated on August 31, 2011 by the TB regarding the procedures for customer’s dispute resolution and suspension of Services.
*Choice Of Law
This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state or jurisdiction in which your then-current service address is located as set forth in our records or (if your account is closed) the last address you provided, without regard to the conflicts of laws rules of that state or jurisdiction. Foreign laws do not apply. Arbitration or court proceedings must be in the county and state or jurisdiction in which your service address in our records is located, but not outside the U.S. or Puerto Rico.
*Disclaimer Of Warranties. Except for any written warranty that may be provided with a Metro by
Services or Software provided by third parties (including voice applications), 911 or E911, text to 911, or other calling or messaging functionality, may work differently, or not at all, compared to those services offered by us. Please review all terms and conditions of such third-party products. When using these products, we are not responsible for the availability or reliability of 911 calls or text to 911 messages, or if inaccurate location information is provided to the 911 Communications Center. We cannot assure you that if you place a 911 call or text you will be found.
We are not responsible for any download, installation, use, transmission failure, interruption, or delay related to Content & Apps, or any third party content, services, advertisements, or websites you may be able to access by using your Device or the Services, even if charges for Content & Apps appear on your account. You are responsible for maintaining virus and other Internet security protections when accessing third party Content & Apps or other services.
We and any third party providing Services are not responsible for any damage, delay, interruption, or other failures to perform resulting from: (a) providing or failing to provide Services, including, but not limited to, deficiencies or problems with a Device or network coverage; (b) traffic or other accidents, or any health-related claims relating to our Services, (c) an interruption or failure in accessing or attempting to access emergency services from a Device; (d) interrupted, failed or inaccurate location information services; (e) information or communication that is blocked by a spam filter; (f) damage to your Device or any computer or equipment connected to your Device, or damage to or loss of any information stored on your Device, computer, equipment, or storage space from your use of Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio; or (g) things beyond our control, including acts of God, riot, strike, war, terrorism, or government orders or acts.
*Limitation of Liability. To the extent permitted by law, you and we each agree to limit claims for damages, or other monetary relief against each other to direct and actual damages regardless of the theory of liability. This means that neither of us will seek any indirect, special, consequential, treble, or punitive damages from the other. These disallowed damages include, but are not limited to, damages arising out of unauthorized access or changes to your Account, Service, or Device; the use of your Account, Service, or Device by you or by others to authenticate, access, use or make changes to third party accounts, including financial, cryptocurrency, or social media accounts. This limitation and waiver also applies to any claims you may bring against any other party to the extent that we would be required to indemnify that party for such claim. You agree we are not liable for problems caused by you or a third party, by any act of nature, or by any criminal activity by someone unrelated to us. You also agree we aren't liable for missed or deleted voicemails or other messages, for any information (like pictures) that gets lost or deleted if we work on your Device, or for failure or delay in connecting a call or text to 911 or any other emergency service or providing phone number of location information to a 911 Communications Center. To the extent permitted by law, you and we each also agree that all claims must be brought within 1 year of the date the claim arises.
WE ARE NOT PUBLISHERS OF THIRD-PARTY INFORMATION, APPLICATIONS, SERVICES OR OTHER CONTENT AND ARE NOT RESPONSIBLE FOR ANY OPINIONS, ADVICE, STATEMENTS, INFORMATION, SERVICES OR GOODS PROVIDED BY THIRD PARTIES.
*Indemnification. You agree to defend, indemnify, and hold us and our directors, officers, and employees harmless from any claims arising out of use of the Services or Devices, breach of the Agreement, or violation of any laws or regulations or the rights of any third party by you, any person on your account, or any person you allow to use the Services or your Device.
*WHAT ELSE DO I NEED TO KNOW?
Here are additional terms that apply to you.
If we don't enforce our rights under this Agreement in one instance, that doesn't mean we won't or can't enforce those rights in any other instance. If any part of the Agreement is held invalid that part may be severed from the Agreement.
You can't assign or transfer the Agreement or any of your rights or duties under it without our written consent. We may assign or transfer all or part of the Agreement, or your debts to us, without notice. You understand that the assignment or transfer of all or any part of this Agreement or your debt will not change or relieve your obligations under this Agreement.
The Agreement is the entire agreement between you and us regarding the rights you have with respect to your Service, except as provided by law, and you cannot rely on any other documents or statements by any sales or service representatives or other agents.
The original version of the Agreement is in English. To the extent there are conflicts between the English version and any other language version, the English version will control.
Digital Millennium Copyright Act ("DMCA") Notice. If you believe that material residing on our system or network infringes the copyright of you or any third party for whom you are authorized to act, notify us by using the notice procedure under the DMCA and described at https://www.