1. Voice and Data Plans.  

    UVNV, Inc. doing business as PLUM, is the telecommunications service provider of Cuentas Mobile, powered by PLUM]. Your Service is provided by UVNV, Inc. doing business as PLUM, including its affiliates, assigns and agents (“we,” “us” or “our”). We reserve the right to periodically review usage levels, including voice and data usage, of Service plans (“Plans”) to ensure that you are not using a Plan in a manner that we consider, in our sole discretion, to be in violation of this Acceptable Use Policy (“AUP”), and if such an abuse or violation is discovered to terminate or adjust the plan as appropriate. In addition, data speeds may be slowed and/or deprioritized for subscribers who we determine (in our sole discretion) have violated Sections 3 or 4 of this Acceptable Use Agreement. You agree to use the voice portion of your Plan for traditional voice calls between two individuals of a duration comparable to that of the average individual customer presently utilizing a Plan and will not employ methods, devices or procedures to take advantage of your Plan by using the plan excessively or for means not intended by us. Excessive use of the voice portion of your Plan is defined by us as use that materially exceeds the average call volume or duration used by all other customers of ours that have purchased a Plan. You further agree to use the data portion of your Plan for traditional Web browsing, messaging, and similar activities on the Device (as defined in the Plans Terms & Conditions), and will not employ methods, devices or procedures to take advantage of your Plan by using the plan excessively or for means not intended by us, in violation of any of the prohibitions above or below. We may terminate your Service or change your Service plan if, in our sole discretion, we determine that your use of your Plan violates any of these prohibitions or is otherwise “unreasonable” or results in abuse of the Plan.

  2. International Long Distance Service.  We may limit the number of unique international phone numbers your phone will be allowed to call to 20 unique international phone numbers per 30-day Service term; based on the international destinations covered by your Plan. In such event, the 20 unique international numbers count will automatically reset when your next 30-day Service term begins, unless you purchase a new Plan prior to the start of your next Service term. Please visit our website to learn more about the specific features and offerings of our international plans. All international long distance services included in our Service plans are handled by a third party and are delineated on your invoices separately from the services provided by us.

  3. We consider your use of one of our Plans to be “unreasonable” or “abusive” and therefore subject to immediate termination or adjustment if, in our sole discretion, we determine that you have engaged, or may engage, in any of the following prohibited activities, or if we otherwise determine that you have engaged, or may engage, in any other activity we deem, in our sole discretion, to be “unreasonable” or “abusive”:

(i) re-sell, re-brand, re-supply, re-market or commercially exploit a Plan;

(ii) set up routing functionality such that only outbound long-distance traffic is sent over the Plan;

(iii) engage in any other conduct which is fraudulent or otherwise may result in significant network congestion or degradation, or interferes with our operations, reputation or ability to provide quality service to our customers, including without limitation excessive purchases (and/or attempted purchases) of products and/or services relating to your Plan in any given month;

(iv) engage in autodialing;

(v) engage in continuous, repetitive or extensive call forwarding;

(vi) engage in continuous call session connectivity, including the use of a Plan for continuous mobile to mobile or mobile to landline voice calls;

(vii) engage in telemarketing;

(viii) use your Plan as a substitute or backup for private lines or dedicated data connections;

(ix) use your Plan for automated text or picture messaging to another mobile device or email address;

(x) upload, download or stream continuous video or audio;

(xi) “spam” or engage in other abusive or unsolicited communications, or any other mass, automated voice or data communications for commercial or marketing purposes;

(xii) use your Plan in connection with server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine to machine connections, voice or SMS relay, or peer to peer (P2P) file sharing;

(xiii) use your Plan in connection with software or other devices that maintain continuously active Internet connections when a computer’s connection would otherwise be idle, or “keep alive functions (e.g., using a Plan for Web broadcasting, operating servers, telemetry devices and/or supervisory control and data acquisition devices);

(xiv) use your Plan to relay voice calls and text or picture messages not originated from your device;

(xv) engage in any other activity that would be inconsistent with reasonable personal use patterns, causes network congestion or jeopardizes the integrity of Ultra Mobile’s supplier’s network;

(xvi) use the Service for Machine to Machine based remote monitoring to provide life-sustaining medical care for any individual, including without limitation, in health care and assisted living environments;

(xvii) use the Service for the sale of any type of calling card product or service, including, but not limited to, any ‘grab-and-go’ or rechargeable product with a pin code that allows the End User to purchase and/or refill minutes, internet access features or service;

(xviii) use, or attempts to use, the Service for voice communications on a non-UVNV branded (white label) SIM card, or in any manner that creates, or appears to create, a new “brand” of wireless service;

(xix) use the Service for monitoring third parties without their permission, including, but not limited to, prisoner and parolee monitoring;

(xx) use Devices that utilizes our SIM to make voice calls primarily over a Wi-Fi network, including, without limitation, the use of any of our existing add-on features that allow Wi-Fi calling capability, or the use of Devices that utilizes our SIM to make voice calls primarily over a Wi-Fi network. Wi-Fi calling capability may be offered on our SIM with a voice Rate Plan as an ancillary offering only;

(xxi) modify the Service in any manner, including, but not limited to, combining to include any third-party products, services, features or functionalities that are not included in the Service standing alone (“Bundled Service”) without our prior written approval from an authorized representative with at least a Vice President title;

(xxii) market and distribute the Service or Devices to any government End User or subscriber, including, but not limited to federal, state, and local governmental entities;

(xxiii) market and distribute the Service or Devices by promoting any specific feature that may be included with our Rate Plan other than base voice or internet access Service usage allotments that are provided for domestic use with each rate plan; 

(xxiv) compromise Network security or capacity, degrade network performance, use malicious software or “malware”, hinder other customers’ access to the network, or otherwise adversely impact network service levels or legitimate data flows; 

(xxv) use applications which automatically consume unreasonable amounts of available network capacity; use 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;

(xxvi) misuse the Service, including “spamming” or sending abusive, unsolicited, or other mass automated communications;

(xxvii) access the accounts of others without authority;

(xxviii) use the Service in a way that 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 Billing Cycles within any 12-month period;

(xxix) use the Service in a way that results in unusually high usage and/or the majority of your data usage being Smartphone Mobile HotSpot (tethering) usage for any 3 Billing Cycles within any 6-month period;

(xxx) market and distributes the Service, either alone or as part of any other good or service;

(xxxi) tamper with, reprogram, alter, or otherwise modify your Device to circumvent any of our policies or violate anyone’s intellectual property rights;

(xxxii) cause harm or adversely affect us, the network, our customers, employees, business, or any other person;

(xxxiii) use the Service in a manner that conflicts with applicable law;

(xxxiv) attempt or assist or facilitate anyone else in any of the above activities; or

(xxxv) use the Service in other ways as we may describe from time to time.

4. Lawful purposes only. You may use our Service for lawful, proper and appropriate purposes. You may not use our Service or your Device in any way that is illegal, improper or inappropriate. A non-exhaustive list of examples of illegal, improper or inappropriate uses of our Service includes:

4.1 Interfering with our ability to provide Service to you or other customers, or avoiding your obligation to pay for the Service within the time frame designated for payment.

4.2 Use of the Service to threaten, abuse, harass, defame, deceive, defraud, interfere or invade another’s privacy or engage in any similar behavior.

4.3 Use of the Service for: auto-dialing; continuous, repetitive or extensive call forwarding, telemarketing (including charitable or political solicitation or polling), fax or voicemail broadcasting or blasting.

4.4 Use of the Service to: impersonate another person; send bulk unsolicited messages; use robots, data mining techniques, or other automated devices or programs to catalog, download, store, or otherwise reproduce or distribute information from our Service or use any automated means to manipulate our Service.

4.5 Use of the Service in a manner that violates any law, rule, or regulation; violates any third party’s intellectual property or personal rights; or exceeds your permitted access to our Service.

4.6 Use of the Service for transmitting or receiving any communication or material of any kind which would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or encourage conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law.

4.7 Use of the Service to access, or attempt to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, our or our network supplier’s network or systems.

4.8 Use of the Service to generate or disseminate viruses, malware or “denial of service” attacks.

5. Right of Termination. In addition to our right to terminate Service for non-payment, we reserve the right to terminate the Service immediately and without advance notice if we, in our sole discretion, believe that you have violated any of the above restrictions, leaving you responsible for the full month’s charges to the end of the then-current 30-day Service term, including without limitation unbilled charges, all of which immediately become immediately due and payable.

6. Monitoring. We may monitor the use of our Service for violations of this AUP and the other materials that make up your Agreement with us. We may, without liability, remove or block all communications if we suspect a violation of this AUP or any other materials that make up your Agreement with us, or if we think it necessary in order to protect our Service, us or our network supplier, and/or their respective parents, affiliates, directors, officers, agents, and employees from harm.

7. Providing information to authorities and third parties.  If we believe that you have used our Service for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es), registered 911 address, and all other account information, as follows: in response to law enforcement or other governmental agency requests; as required by law, regulation, rule, subpoena, search warrant, or court order; as necessary to identify, contact, or bring legal action against someone who may be misusing the Service; to protect our rights and property; or in emergency situations where disclosure of such information is necessary to protect our customers or third parties from imminent harm.

8. No Transfer of Service. You may not resell or transfer your Service or provide a telephone service to anyone else by using your Service or features of your Service.

9. No Alterations or Tampering. If you copy or alter or have someone else copy or alter the firmware or software in any way that facilitates a compromise of your Service, you are responsible for any charges that result. You may not attempt to hack or otherwise disrupt our Service or make any use of our Service that is inconsistent with its intended purpose.

10. Theft of Service. You may not use or obtain our Service in any manner that avoids our policies and procedures. You will notify us immediately in writing if you believe that your Service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner. When you notify us of one of these events, you must provide your account number and a detailed description of the circumstances of the theft, fraudulent use, or unauthorized use of Service. If you fail to notify us in writing in a timely manner, we may disconnect your Service and levy additional charges on you. Until you notify us in writing, you will remain liable for all use of our Service stolen from you and any and all stolen, fraudulent or unauthorized use of the Service up through the date notice is received by us.