Terms of Service for kajeet, Inc. (“kajeet”)

Version 3.4

“Terms of Service.” Sounds pretty legal, doesn’t it? Well it is, and we’ll get to those specifics in a moment. First, you need to know that these Terms are in effect for all kajeet customers activating on or after September 15th, 2008 and will go into effect on October 15th, 2008 for existing kajeet customers. Please read them carefully. These terms may be different from what you received in your packaging. If you’re really into details, version 3.3 of our Terms of Service may be found here.

The kajeet Terms of Service document isn’t as scary as it might seem. It’s simply a set of rules that explain how the kajeet service can legally be used. So, for example, what if you were to use kajeet to spam people? Well, spamming is illegal, so we’ll have to cut off your service if you do that. That’s the sort of thing the Terms are all about.

Legalese can be confusing, so we’ve provided this easy-to-digest introduction. You’ll see the Terms of Service broken down into a bunch of categories. Those categories, and all the main things about those categories you need to know, are as follows:

General: Welcome to kajeet. Have fun. Enjoy the service. By using the service, you’re agreeing to the Terms of Service.

Exclusive Use of Device With kajeet Service: By purchasing a kajeet product or opening a kajeet product package, you must only use it with the kajeet service and you cannot alter the product, resell it or ship it outside of the United States.

Use of Your Customer Information: We take our responsibility for your privacy very seriously. Please review our privacy policy for all the specifics.

Rules of Conduct: Don’t use the kajeet service to do illegal and bad stuff like bullying, hacking, photographing someone without their knowledge or spamming. Remember: use it for good™

Safety and Security: Be smart about safety and security when you use the kajeet service. Don’t share your password with anyone. Don’t IM with someone you don’t know. Don’t use the kajeet service while operating heavy machinery. You get the idea.

Service Description Details: We don’t charge activation fees, we don’t charge termination fees and we don’t add surcharges on top of other fees. Our basic service delivers you low rates for voice and messaging plus full use of the kajeet Configurator. Of all the Terms of Service sections below, this is the one you probably want to read the most.

Refills: There are a bunch of ways to add money to your kajeet account, both online at kajeet.com and with refill cards you can purchase in retail stores. You can even use a credit card to set up an automatic refill service.

Content Services and Content Licensing: When you buy content like games or ringtones or wallpapers, you’re agreeing to a content license agreement. So pay attention to that, and to things like copyright law. Please.

And the Rest: There are a bunch of shorter sections that we didn’t want to explain one-by-one in this intro, which is getting to be too long itself! But toward the end of this Terms of Service document you’ll see lots of additional information, including details on how to terminate your service, what to do if you lose your phone, what to expect for service coverage, info about refunds and returns, how to get TTY access and your warranty and liability limitations.

So go ahead and dig into the details. That’s why they’re here. If you have any questions, feel free to visit us online at kajeet.com or contact kajeet Customer Care at 1-866-4kajeet (1-866-452-5338).

That’s why we’re here.

General

This agreement (the kajeet “Terms”) explains the kajeet acceptable use policy and the Terms of Service for any kajeet customer (including users of all products and services on kajeet phones, including third party products, on the kajeet Web site and those offered through kajeet Customer Care). The purpose of this policy is to make sure you clearly understand the terms for the service you are purchasing and to protect kajeet customers from inappropriate, illegal or objectionable activities. By agreeing to our Terms, you agree on your own behalf and you warrant that you are authorized to and do consent to the terms of this service on behalf of any minor that uses your kajeet service. When we say “you” in this document we are referring to both you as a user (including any role you may have as a parent or responsible guardian) and to any minor that uses your service.

Please note the following:

  • Be careful with your phone. All use of the phone – even if by someone not personally authorized by you – will be considered authorized and covered by these Terms.
  • We might change these Terms from time to time. If we change any of the material Terms in a way that adversely affects you, we will give you appropriate notice. Please check kajeet.com/ terms for news and updates and for the most current version of these Terms that will apply to your use of kajeet service.
  • By signing up for, paying for or using our wireless service, you agree to these Terms and to any revision of our Terms. If you don’t agree to these Terms or any subsequent revision, please don’t use our services.
  • You may terminate your kajeet service at any time. No termination fees of any kind will apply if you terminate. However, please note that any refill money you have already deposited in your account wallets will not be returned if you stop using the service.
  • kajeet can disable service for any customer that violates any of these Terms. If you have any questions, feel free to visit us online at kajeet.com or call kajeet Customer Care at 1-866-4kajeet (1-866-452-5338).

If you have any questions, feel free to visit us online at kajeet.com or call kajeet Customer Care at 1-866-4kajeet (1-866-452-5338).

Exclusive Use of Device With kajeet Service, Prohibition of Resale, Other Limitations of Use or Alteration of Device

Your kajeet phone is sold exclusively for use with service that kajeet, Inc. provides. You may not tamper with or alter any of the hardware or software in your kajeet phone, export this phone from the United States, purchase this phone for resale to any third party or assist or facilitate anyone else in engaging in such activity. Upon purchase of this phone or opening its packaging, you have agreed to these terms, all terms in this Terms of Service and to activate this phone only with kajeet service. Violation of the specific terms in this section violates the rights of kajeet and may violate state and federal laws. kajeet will prosecute violators to the full extent of the law. If you disagree with these terms, you may return this phone to the place of purchase according to the seller’s return policy.

Use of Your Customer Information

kajeet will protect your personal information according to our Privacy Policy which is part of this agreement. Please review it prior to accepting these Terms. A copy can be found at kajeet.com/privacy. This Privacy Policy details why kajeet collects personal data and how it uses and protects this personal data. By accepting these Terms you represent and warrant that you are authorized to and do consent to the collection, use and disclosure of this personal data as defi ned in the Privacy Policy for both you and for any minor that may use the service. We work to protect your data and to deliver a great service to you.

Rules of Conduct

You agree not to use kajeet services in any way that is illegal, fraudulent, harassing or abusive as determined by kajeet in its sole discretion, including:

  • You will not use your service to harm, bully or harass other individuals.
  • You will not use your phone to take pictures, video or audio with the intention of embarrassing someone.
  • You will not intentionally send unsolicited messages, including text, picture and instant messages (also called “spamming”) from your kajeet phone.
  • You will use the service only for personal use (not for resale or commercial purposes).
  • You will upload, post or use any content only if you have legal rights to use, distribute and publish such content.
  • You will not do anything to interfere or disrupt our provision of the service or harm or impede the ability of others to use their services.
  • You may not re-program or alter any of the hardware or software on your kajeet phone or within the kajeet service.
  • Most importantly, you may not upload, download, post, distribute or otherwise transmit any content that is unlawful, libelous, defamatory, slanderous, obscene, pornographic, harassing, threatening, abusive or harmful or that infringes upon others’ privacy, right of publicity, copyright or other intellectual property or other rights.

We reserve the right to remove or delete any content that you upload, download, post, distribute or otherwise transmit on our service that violates these Terms or is otherwise deemed objectionable by us in our sole discretion.

Safety and Security

kajeet is a communications service that includes voice, voicemail, messaging, data and content services. Please take care when using the service and, if your service is being used by a minor for whom you are taking responsibility, please monitor their use of the service.

To protect your personal call data records and private information, kajeet requires a password for any access, changes, or service to your account. This is a mandatory requirement of the Federal Communications Commission (FCC) and applies to both online access and phone calls to our Customer Care department. When you initially register your phone for kajeet service, you will set up your password. You must have your password to get services related to your account from Customer Care or our Web site.

The kajeet Configurator is a fancy name for a simple yet powerful concept. The Configurator allows families to work together to manage appropriate access to all the services and features kajeet has to offer. The Configurator offers important safety features, including the ability to allow calls and text messages only to certain numbers or to block specific numbers. kajeet also provides you with access to a history of recent account activity (including detailed call and text messaging logs).

We recommend that, in addition to using the Configurator, you establish the following policies for using the kajeet service:

  • Create a secure passcode for access to voicemail and do not share it with anyone.
  • Never respond to or send an instant message, text message or picture message to someone you do not know.
  • Ensure any minor using the service knows not to send their picture to anyone or post it anywhere without a parent or guardian’s permission.
  • Monitor the usage of any minor using the service. This monitoring may be performed through account activity or by calling kajeet Customer Care at 1-866-4kajeet (1-866-452-5338).
  • Do not use the kajeet service while driving or riding a bike, skateboard, unicycle, moped or other vehicle.

Please note that kajeet will not directly complete any calls to 1-900 numbers, 1-976 numbers or other similar services.

We work hard to protect our customers from improper disclosures of confi dential and personal information and to provide our users with a secure network environment. However, despite our efforts, we cannot absolutely guarantee that all communications and personal information will remain secure.

Service Description Details

This section describes the kajeet services and how charges are applied. The balance in your kajeet account can be applied fl exibly to kajeet services including voice, instant messaging, text messaging, picture messaging, ringtone downloads, surfing, bundles of services and more. Some kajeet products, including handset and handset accessories, may require alternative methods of payment. You must have suffi cient funds in your account to use any of the kajeet services.

The specific rates for each service are detailed at kajeet.com/lookuprates. Your use of each of those services is subject to these Terms. kajeet will introduce new rate plans and additional services, or modify existing services, from time to time. Please check kajeet. com for updates on kajeet services and rates.

When we quote a rate for a service, that rate includes all taxes. This means:

  • kajeet does not charge activation fees.
  • kajeet does not charge termination fees.
  • kajeet does not add any taxes to the quoted kajeet service rates (these are included in our rates).
  • Taxes may be charged on phone and accessory and refill purchases.
  • Administrative/merchant fees may be added to credit card charges.

kajeet wireless network services are provided on the Nationwide Sprint PCS Network.*(see page 36) Roaming surcharges will not be applied by kajeet. However, your handset may function with other carrier networks. If you use another carrier’s network, you are subject to their charges and terms of service.

Please Note: For any subscription service with an initial promotional period, charges will automatically apply after the promotional period is over. If you do not cancel the subscription service before the end of the promotional period, the subscription service will continue and charges will apply until you cancel the service.

The kajeet Configurator offers important management capabilities that can help with management of budgets, spending and service access. The Configurator can specifically help you limit access to some kajeet services (allowing you to prevent, for example, the purchase of certain recurring subscription services).

Here is a description of each kajeet service:

kajeet Configurator – WalletManager

kajeet WalletManager services allow you to divide your usage credits among multiple “wallets” which are stores of money you can use to manage spending. A parent and a kid wallet are both supported. By keeping the parent wallet full and configuring the account so that important phone numbers (for example, parent numbers) can be paid for from the parent’s wallet, WalletManager allows you to ensure money is available for these important calls. WalletManager also makes it possible to establish a budget for the kid wallet to help manage spending. Some refills go directly into the kid wallet and some services can be paid for only out of the kid wallet. You can transfer money between wallets at kajeet.com or by calling Customer Care at 1-866-4kajeet (1-866-452-5338)

kajeet Configurator – ContactManager

kajeet ContactManager services allow you to manage the phone numbers to and from which the phone can make and receive calls, and to and from which it can send text/picture messages. You can block specific numbers so that you will not receive calls, text or picture messages from these numbers (and so that the phone cannot place calls and text/picture messages to these numbers). You can also restrict the phone so that it can make and receive calls and text/picture messages to and from only a specific list of numbers. ContactManager supports a limited number of contacts per kajeet phone.

kajeet Configurator – TimeManager

kajeet TimeManager services allow you to enable and disable kajeet services during certain times of day. For example, the TimeManager can be used to ensure kajeet services that utilize the network are not available during school. This service can be customized to create exceptions so that designated persons (such as parents) can make calls and send text messages to their children during school hours. In addition to receiving calls from exception numbers, the phone can also call and send text messages to the exception numbers (such as parents) during a period that is blocked in TimeManager. TimeManager supports a limited number of time restrictions per kajeet phone.

kajeet Configurator – FeatureManager

kajeet FeatureManager services allow you to enable and disable certain premium services, such as access to ringtone, wallpaper and game purchases and access to instant messaging purchases. These services can be purchased directly from kajeet (through the phone, kajeet.com or Customer Care) and include subscription services, which have recurring charges. If you do not disable a service in FeatureManager, the services can be purchased and used. Please use FeatureManager to turn services off that you do not want your child to be able to purchase. By allowing access to these services (i.e., by not disabling them in FeatureManager) you consent to allowing these purchases.

kajeet Bundled Services

Where services are sold as part of a bundle of services, you will prepay for the service and receive the number of units of use associated with that bundle for the length of time specified in the bundle offer. Additional units of most bundled services are purchased at your standard rates for the applicable service. Bundles may have expiration. All rates are detailed at kajeet.com/lookUpRates.

kajeet Voice Services

kajeet voice services include incoming and outgoing calls, both local and long distance, within the United States. Your standard voice call rates apply to all basic voice calls which are charged per minute for calls made and received.

A minute is measured from the time you press “send” to the time you end the call (when you are making a call) or from shortly before the time your phone rings to the time the call ends (when you are receiving a call). You will not be charged for voice calls that ring and do not pick up. You will not be charged for busy signals. Partial minutes are rounded up to the next minute. You will be charged for calls that are “answered” by a voicemail system (including the kajeet voicemail system).

Other kajeet voice services include:

  • Calls to kajeet Customer Care (611 or 1-866-4kajeet): These are free!
  • Voicemail: You will need to set up your voicemail service from your handset after activating your handset. Standard voice call rates apply for calls made to voicemail from your handset. You can also check your voicemail from a non-kajeet handset or a landline phone (in this case no kajeet voice call rates are applied).
  • Directory Assistance: kajeet Directory Assistance provides you with the ability to get phone numbers of the people and places you care about and to get information on things that might interest you. Please note that all directory assistance calls have a per-call connect fee (in addition to your standard voice call rates). Please check kajeet.com/lookUpRates for the amount of the per-call connect fee.
  • Caller Identification: Caller ID allows you to identify callers by number when you receive their calls. In addition, your number may be shown to the receiver when you make outgoing calls. You can block caller ID for many calls (at no charge) by dialing *67 before you dial the number.
  • Pay-Per-Call Blocking: kajeet blocks directly dialed calls to 1-900 numbers, 1-976 numbers and other similar services. Calls will not be connected and no charges will be applied when a customer attempts to dial these numbers from a kajeet phone.
  • 800 Number and 888 Calls: 800, 877, 866, 888 and other toll-free calls are charged at your standard voice call rate (the same as all other calls), with the exception of calls to kajeet Customer Care, which are free.
  • 911 Calls: Emergency calls to 911 are free and are enabled when you have service connectivity (even if you don’t have a balance and even if your account is not in good standing). Of course, like other calls, availability is subject to network availability and usage in your particular area at any given time. (Note: Due to cellular network limitations, in some cases a 911 call made from your kajeet phone may not be identifiable to emergency personnel or may not be routed to the closest emergency center.)

    Emergency calls from 911 call centers to a kajeet number are charged at normal voice call rates and treated the same as any other call would be handled. This means, for example, that if your account is not active or if you have too low a balance in your account, calls to 911 can be connected but the 911 call center would not be able to call you back. Also, if calls to the kajeet number are blocked by TimeManager or ContactManager settings, then calls from a 911 call center would not come through. In these events, you may need to redial 911.
  • International Calls: You may receive valid international calls from any country on your phone. These are charged at your voice call airtime rate. You cannot place international calls directly from your phone. You may be able to use a calling card to place international calls with your kajeet phone. Access to international calling card services is charged by kajeet at the standard voice call rates.

kajeet Text Messaging

kajeet text messaging allows you to send and to receive text messages from other United States carriers. You may also send messages to regular e-mail accounts and receive messages sent to you from e-mail via yournumber@mobile.kajeet.net. You will be charged for each text message sent to each person or e-mail account, and for each text message received on your kajeet phone (the charge is detailed at kajeet.com/lookUpRates). You also will be charged for messages sent to your phone when it is turned off or when you are outside of the kajeet network coverage, even if you do not receive these messages because the messages will have crossed our network.

If you send text messages that are not supported by the system or text messages to addresses that are not accurate or functional, the message may cross our network and you will be charged, but the text message may not get to its intended destination.

You will not be charged for the following text messages:

  • Text messages that are not completed due to calendar or access limits that you set within the Configurator.
  • Text messages sent to you from kajeet for account management purposes (for example, a message that alerts you to a low wallet balance) or when we let you know about special kajeet offers in a text message.

Instant Messaging on kajeet (Mobile IM)

Instant Messaging on kajeet allows you to message friends in your existing IM community (we do not support every IM service so please check our Web site to see which services we do support). You can IM friends who are using their computers and friends that have other cell phones with IM services supporting the same community. The rates for IM service options are detailed at kajeet.com/lookUpRates.

kajeet Picture Messaging

kajeet picture messaging allows you to send picture messages to and receive picture messages from some other United States carriers. You will be charged for each image sent to each person or e-mail account, and for each image received on your kajeet phone. The rates for picture messaging are detailed at kajeet.com/lookUpRates.

There are limitations that will make it impossible to send and receive picture messages from some carriers and handsets, including:

  • Not every handset is supported.
  • Some carriers may block their customers from being able to send/receive picture to/from kajeet.
  • Subscribers who are in roaming networks may not be able to receive picture messages.
  • Some e-mail services block messages from certain e-mail systems or carriers, including kajeet.

kajeet picture messaging also allows you to send pictures to regular e-mail accounts. You may also be able to view and save pictures that you received from your friends even if your kajeet phone doesn’t have a camera.

If you send messages that are not supported by the system, or messages to addresses that are not accurate or functional, the message may cross our network and you will be charged, but the picture may not get to its destination. Click here to see the list of carriers that kajeet's picture messaging system supports.

kajeet Premium Text Services

kajeet premium text services are content, gaming, entertainment and other services delivered by text message. Many premium text services are recurring subscription services, including the kajeet feeds service. For recurring services provided by kajeet, if you wish to stop receiving a specific premium text message service, you will need to contact kajeet to cancel your subscription. If you cancel participation in one premium text service, but you are still subscribed to other premium text services, you will keep receiving premium text messages from those other services unless and until you contact kajeet to cancel those services. If you want to cancel all recurring premium text services, you must ask kajeet to cancel all premium text services to which you have subscribed.

For premium text services charged per message, you will not be charged for messages that are not sent to your phone due to calendar or access limits that you set within Configurator. However, you will be charged for premium text messages sent to your phone when it is turned off , and when you are outside of network coverage, even if you do not receive these messages.

kajeet Location-Based Services

kajeet may provide location-based services (delivered by kajeet or a third party). The specific terms and conditions of any location-sensitive service that you purchase from us will provide more information about how location information is used and disclosed.

Other kajeet Services

kajeet allows you to purchase additional services (such as those purchased through the kajeet Navigator) to personalize your phone or for communications and entertainment purposes. These services include Ringtones, Wallpapers, Games, Applications, Feeds and more. Prices vary so please check kajeet.com/lookUpRates before making purchases.

Refills

You can add money to your kajeet account wallets in many ways:

  • Via a refill card: You can buy refill cards at retail locations that carry kajeet products. The refill cards provide you the instructions you need to use them to refill your account.
  • Via a credit card: Visit kajeet.com/refills or call kajeet Customer Care at 1-866-4kajeet (1-866-452-5338) to refill when you are low. The amount you elect for refill will be charged to your credit card immediately and added to the wallet you choose.

You can set up automatic refills using your credit card at kajeet.com/ refills or via Customer Care. These can be set up:

  • Automatically, each week or month: You can set up a wallet to automatically refill each week or month with the amount you specify. The amount you elect for refill will be charged to your credit card and added to your account balance each week or month. Configuring a kid wallet for automatic weekly and monthly refills can help you maintain a budget for phone use. You may modify or cancel your automatic refill preferences at kajeet.com/refills or by calling kajeet Customer Care at 1-866-4kajeet (1-866-452-5338).
  • Automatically, when your account gets low: You can set up a wallet to refill when the balance gets low. The amount you elect for refill will be charged to your credit card and added to the selected wallet each time your wallet balance hits this low point. Configuring automatic, balance-driven refills for the parent wallet can help ensure your wallet stays full so your calls get connected. Please note: Electing this option for any wallet may result in your child purchasing services that require multiple charges to your credit card. You will be responsible for paying all of those charges by electing this option. You can always choose to cancel automatic, balance-driven refills by turning them off at kajeet.com/refills or by calling Customer Care at 1-866-4kajeet (1-866-452-5338). In order to avoid multiple charges that may result in unwanted bills, you may want to limit auto-refills to occur only at certain times of the month, such as by using weekly or monthly dates for auto-refills (as opposed to auto-refills that occur when the balance falls below a certain minimum in the wallet).

Your family and friends can also refill your account by going to kajeet.com/giftRefill or by calling Customer Care at 1-866-4kajeet (1-866-452-5338). Gift-givers must have your phone number to make a gift. Gift-givers have no access to any of your kajeet account information. Gift refills go into the kid wallet. If you would like some or all of this refill money to go into the parent wallet, you can make a transfer into the parent wallet at kajeet.com or call Customer Care at 1-866-4kajeet (1-866-452-5338) to have care perform the transfer for you.

We may limit the amount of money you store in your account at any time.

Please note that sales taxes or administrative/merchant fees may apply to your refills, so it could cost you just a bit more than the list price to buy them.

Content Licensing Agreement

kajeet content services include, but are not limited to, the ringtone, wallpaper, game (whether in demonstration or full version), application, software, mobile Web and network-based application services and all related code, data structures, images, sounds, text, screens, game plan and all derivative works and other elements. Each discrete product or service (e.g., piece of content, software, individual application or Web site service) is considered a “content item.”

These Terms apply to all content items contained on your phone, including those from third-party application providers. If you do not agree to these Terms do not use such content items. To the extent that you download content, you agree to this content licensing agreement. If you do not agree to these terms, do not download the content items. Please also check kajeet.com/terms for updated terms and for terms for additional content items. The licensors to kajeet of the content items are called “content providers” or “licensors.” The content items delivered through the Navigator, the mobile Web, preloaded on the phone or by other methods, are provided to you under the following terms:

  • Limited License. kajeet grants to you a U.S.-based non-exclusive, personal, non-assignable, nontransferable limited license to download, install and/or use the content items on one mobile phone for non-commercial and personal use only. Software is in object code only.
  • Restrictions. No license is granted to you by this content Licensing Agreement in the human readable code, known as the source code, of the content items, and no rights are granted to you by this Content Licensing Agreement in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the content items. In addition, no license is granted to you by this Content Licensing Agreement to decompile, reverse engineer, disassemble or modify the content items. Further, no license is granted to you by this Content Licensing Agreement to (i) remove, efface or obscure any copyright or other proprietary notices from the content iItems or (ii) copy, reproduce, modify/create derivative works of, sublicense, distribute, display to any third party, perform, publish, disseminate, broadcast, circulate, rent, lease, grant a security interest, transfer, assign the content iItems or otherwise transfer rights to any third party. All rights not expressly granted are reserved by kajeet and its content providers. The content providers are intended third-party beneficiaries of the Content Licensing Agreement and may enforce their rights directly. You will not use the content items for any unlawful purpose or for any other purpose otherwise prohibited by this agreement. Unauthorized uses may subject the offender to civil or criminal liability under federal and state laws.
  • Automatic Communications Features. The kajeet service may include interactive games, features or applications that communicate over networks, possibly including the Internet. Some of these communications features may be automatic or may be enabled by default (for example, high score capture and scores reporting). Such automatic communications features do not require any personally identifiable information about you. By installing and/or using games, applications or other software, you consent to the software’s communications features.
  • Ownership. You agree that the content providers retain all right, title and interest in and to the content items and all copies of the content items. This includes all copyrights in the content items. You agree to erase any content items from your phone upon receipt of notice. You may not use the content items in an attempt to circumvent or in conjunction with any device program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
  • Digital Rights Management (DRM) The kajeet service and content items may include third-party DRM mechanisms which may be subject to their own license agreements. DRM is a technique designed to manage and enforce intellectual property rights in digital content purchased over the Internet. You may not take any action to circumvent or defeat the security or content usage rules provided or enforced by either the DRM or the content items. DRM mechanisms may be able to revoke your ability to use applicable content. kajeet and its licensors may not be responsible for the operation of the DRM in any way, including revocation of your content. You consent to the communications enabled and/or performed by the DRM, including automatic updating of the DRM mechanism without further notice. You agree to indemnify and hold harmless kajeet and its licensors for any claim relating to your use of a third-party DRM mechanism. Your sole remedy with respect to the content items will be (i) a replacement of content items, or (ii) a refund of the license fee you paid for the content items, provided you notify customer support of any problems relating to the content items within four (4) days and provide evidence of the date you acquired the content items.
  • Term and Termination. This Content Licensing Agreement will become effective with respect to each content item on the date you first download, install and/or use such content item, and it will remain in effect until terminated. You may terminate this Content Licensing Agreement with respect to any content item at any time by removing such content item from your phone. This Content Licensing Agreement also will terminate immediately with respect to all content items, without notice, if you fail to comply with any term or condition of this Content Licensing Agreement. Upon such termination, you agree to immediately remove all content items from your phone. Please note: If you upgrade to a new kajeet phone, the content items you have previously purchased are not transferable to your new phone — you need to repurchase the content items and agree to this Content Licensing Agreement. However, if you replace your phone with the same model, we will try to ensure that your content items will still be available to you.

Service Coverage and Service Quality

kajeet wireless network services are provided on the Nationwide Sprint PCS Network.* (see page 36) The service is available using phones specified by kajeet and purchased from kajeet or an authorized kajeet retailer. We strive to provide you with great service quality, but can’t guarantee your calls and messages will always get through, or that kajeet services will be provided without any interruption or error.

Equipment Refunds and Returns

kajeet is a cell phone service that is right for kids and right for parents, but we understand that it’s not right for everyone. So if you feel, for any reason, that your kajeet phone isn’t right for you, it can be returned within the specified times below as long as you follow the outlined steps:

Phones purchased at retail stores may be returned to that store in accordance with the store’s return policy. Please repack the phone and all components that came with the phone and take them to the store to get a refund.

Phones purchased directly from kajeet may be returned for a full refund (except shipping, which we can’t refund) within 30 days of purchase. In order to process the return, we’ll need to ask you for your original receipt plus everything that came inside your kajeet package: phone, battery, charger, earbud and packing materials. You’ll need to securely pack everything in the original package. Please contact kajeet Customer Care at 1-866-4kajeet (1-866-452-5338) for additional instructions. Your refund will be processed as a credit to the credit card you used when you made the purchase.

Service and Refill Refunds

If you think that there has been an error in any charge posted to your account, notify kajeet Customer Care at 1-866-4kajeet (1-866-452-5338) within 30 days after the charge is posted to request an investigation of your claim. If Customer Care determines the charge was made in error, a credit will be posted to your account.

Please note that once money is deposited in a wallet it cannot be refunded.

Account & Service Status

The money you put in your kajeet account does not expire. Your account will be active and you can use all kajeet services for as long as you have enough of a balance to pay your daily access charge.

If there isn’t enough money in your account (in a combination of the kid wallet and its associated parent wallet) to pay your access charge for any phone, all services will be temporarily suspended (i.e., made inactive) until you refill. This means you can’t make or receive calls, send or receive text messages, download ringtones, other applications or use any other services. Note: You can still call 911 from your phone when your service is inactive. kajeet will hold your phone number for 90 days even when your account is inactive. This means if you refill your account any time within 90 days of when your account goes inactive, you get to keep the same phone number. After this time your account will be deactivated and you will lose your phone number and any remaining balance in your wallets. Calls to 911 will still work on your phone even if your service is deactivated (i.e., even if you lose your phone number).

You do not have any rights to any number, e-mail address or other identifier we may assign to your device or account; you may not modify, change or transfer any of these except as we allow or as allowed for by law. In certain instances you may transfer your number from another carrier to us, or from us to another carrier. We do not guarantee that transfers to or from us will be successful.

kajeet reserves the right to discontinue delivering kajeet services to any customer it believes is abusing its services, not complying with these terms, and/or are performing illegal or inappropriate acts using the kajeet service. kajeet also reserves the right to discontinue delivering services (including voice, Text, IM, Navigator, content services, mobile Web and network-aware and location-based applications) to those customers it believes are abusing the service through excessive and/or commercial use. To prevent abuse, or to comply with contractual obligations of our content partners, we may delete content downloaded to your online storage site or limit the amount of content that you may download during any given period or take such other technical steps as we deem appropriate.

Keeping Your Prior Phone Number

You may be able to keep your existing phone number as your new kajeet number. To switch an existing phone number to kajeet, contact kajeet Customer Care at 1-866-4kajeet (1-866-452-5338). Before you call, please be ready with account information from your old service provider including your account number.

Please note that switching from your previous wireless carrier to kajeet may require you to pay a penalty if you terminate your contract early. kajeet will not reimburse you for any termination fees imposed by other carriers.

Lost or Stolen Equipment

If your phone is lost or stolen, please notify us immediately by contacting kajeet Customer Care at 1-866-4kajeet (1-866-452-5338) and we will suspend your account. You are not responsible for charges incurred after you notify us. However, you will be responsible for charges incurred before you notify us so please contact us as quickly as possible.

In these cases you may purchase another phone and activate it with the phone number of your lost phone. We call this a phone “swap.” All money in your wallet will be available and will transfer to your new phone.

TTY Access and Hearing Aid Compatibility (HAC)

For information concerning TTY access for the hearing impaired and HAC features, please visit kajeet.com/faq/.

Warranty

kajeet does not manufacture our cell phones or other equipment, nor does kajeet warrant that these are fi t for a particular use. kajeet does pass on all handset warranties provided to it by its manufacturers. Warranty terms are provided with each handset you purchase. Content items are provided “as is” with no warranty. kajeet and its licensors/vendors disclaim any and all warranties (including those related to the content items), express or implied, including without limitation the implied warranties of noninfringement of third-party rights, merchantability and fi tness for a particular purpose. kajeet and its licensors/vendors do not warrant that the operation of the service will be uninterrupted or error-free. Some jurisdictions do not allow the exclusion of implied or limited warranties so the above exclusion may not apply or may be limited. kajeet and its vendors/licensors are not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors or omissions arising out of your use of the content items and the kajeet service. The entire risk as to the quality, accuracy, adequacy, completeness and correctness of the kajeet Service and the content items rests with you.

Limitation of Liability

KAJEET AND ITS VENDORS/LICENSORS WON’T BE LIABLE TO YOU 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 AND RELATED DOCUMENTATION. WE WON’T BE LIABLE FOR ANY ACT OR OMISSION OF ANY OTHER COMPANY FURNISHING A PART OF OUR SERVICE OR ANY EQUIPMENT PROVIDED FOR SUCH SERVICE � INCLUDING FOR ERRORS OR OMISSIONS OF ANY LICENSORS/VENDORS PARTICIPATING IN OFFERS MADE THROUGH US � OR FOR ANY DAMAGES THAT RESULT FROM ANY PRODUCT OR SERVICE PROVIDED BY OR MANUFACTURED BY THIRD PARTIES. NOTWITHSTANDING THE FOREGOING IN NO EVENT SHALL THE LIABILITY OF KAJEET OR ITS LICENSORS/VENDORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE APPLICABLE PRODUCT, CONTENT ITEM OR SERVICE.

Indemnification

You agree to indemnify and hold harmless kajeet and its vendors and licensors from any and all liabilities, penalties, claims, causes of action and demands brought by third parties (including the costs, expenses and attorneys’ fees on account thereof resulting from your use of kajeet products and services) whether based in contract or tort (including strict liability) and regardless of the form of action.

Notices

You may notify us by mail at the address specified at kajeet.com/ contactUS, phone (1-866-4kajeet) or electronic means (via our Web site at kajeet.com/contactUs). Such notices will be considered effective once we receive them. If you are unable to resolve your concerns with kajeet, you may file a complaint with the Federal Communications Commission, Washington, DC 20554. Any notice we send you will be sent to your last-known residence or electronic address as shown on our records, or via electronic messaging to your kajeet phone.

Export

You agree to comply with all trade regulations and export control laws both domestic and foreign. kajeet phones, equipment, software and any underlying information accessed or transferred by you using kajeet services may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. § 2401, et seq.) and the Export Administration Regulations (50 C.F.R. § 730-774), as well as the import regulations of other countries. Except as authorized by kajeet and the U.S. export control laws, you agree not to export or re-export any kajeet phones, equipment or software to any foreign country. Any information transferred by you using kajeet services to any foreign country, entity or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.

Trademarks

kajeet, the various characters known as the “dudes” (including Lottie, Zeo, Obie, Tallulah, Kane, Skratch and others as that list may be amended), use it for good, the k design, kRewards and the kajeet logos are trademarks of kajeet, Inc.

Sprint is a trademark of Sprint Nextel.

Google is a trademark of Google, Inc.

All other trademarks are the property of their respective owners.

Effect of Terms of Service

These Terms supersede all oral or written communications and understandings between you and kajeet with respect to our products and services to you and the Terms under which they are offered and provided to you. If any part of these Terms is declared invalid or unenforceable, all other parts of these Terms are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of these Terms. Except relating to content providers/vendors as described in this agreement, no provision of these Terms provides any person or entity not a party to these Terms with any remedy, claim, liability, reimbursement or cause of action or creates any other third-party benefi ciary rights. Any complaint, arbitration or other legal action concerning these Terms shall be interpreted under the laws of the State of Maryland, excluding the choice of law rules, and shall be subject to the jurisdiction of the courts of Maryland. Complaints, arbitration or other legal actions involving California customers will be interpreted under the laws of the State of California, and will be subject to the jurisdiction of the courts of the California County in which the customer primarily uses kajeet services. The United Nations Convention on Contracts for the Sale of International Goods is disclaimed. No modifi cation or alteration of this agreement will be valid except in a written statement signed by you and kajeet. This is the entire agreement between you and kajeet regarding its subject matter.

That’s it — there’s no more to read! Hope you enjoyed our Terms of Service. We hope you enjoy kajeet even more ... and remember: use it for good.

*Although Sprint provides kajeet subscribers access to its wireless network and to its wireless services, kajeet is responsible to the kajeet subscribers for the service. Please call kajeet with any questions or comments about services.