Prepaid Terms and Conditions of Service

Clarity Wireless

These Cellular Terms and Conditions of Service, which are incorporated by reference in the Customer Service Agreement and/or Service Adjustment Agreement (“Agreement”) between the individual or organization (“Customer”) identified in the Agreement and Clarity Wireless LLC. (“Clarity Wireless”) for and on behalf of the cellular network operator (“licensee/MVNO”) licensed by the Federal Communications Commission to serve Customer’s primary service area, govern Customer’s use of Clarity Wireless cellular telephone and related wireless services. Depending on Customer’s primary service area, the Parties to the Agreement are the Customer and  (d/b/a Clarity Wireless),  Clarity Wireless may be contacted at: 2401 Fountain View Dr. Ste 464 #2277 Houston,Texas 77057, or by telephone at 1-877-870-8901. Customer represents that he/she is legally competent to enter into the Agreement, that he/she is over 18 years old, and that he/she is not aware of any disability that would prevent him/her from entering into the Agreement. In order to comply with the Children’s Online Privacy Act, Customer agrees not to permit children under the age of 13 to use services.

These Prepaid Terms and Conditions of Service apply to all devices, prepaid plans, and data top-ups that are activated on or used with Clarity Wireless service plans, except for Affordable Connectivity Program (ACP) and Lifeline Program plans. Clarity Wireless maintains separate terms of services for the provider’s ACP and Lifeline Program plans. These Prepaid Terms and Conditions of Service (herein referred to as “Terms & Conditions”) go into effect upon enrollment into a prepaid plan with Clarity Wireless and activation of service. These Terms & Conditions and are a legally binding agreement between the subscriber (you) and Clarity Wireless (the Company), and contain pertinent information about your consumer rights.

Clarity Wireless reserves the right to change or modify our Terms & Conditions at any time and its sole discretion. Changes made to the Terms & Conditions will become effective at the time they are posted on the Clarity Wireless website, unless changes are materially adverse to subscribers or such changes otherwise require by law advance notice be provided to subscribers. The Company will notify subscribers, at their sole discretion, if changes to the Terms & Conditions are materially averse to service, or when required by notification regulations. If a subscriber does not terminate service within 30 days of receiving notice, the subscriber is deemed as in agreement and accepts any and all changes to the Terms & Conditions.

Unless expressly prohibited by law, Clarity Wireless reserves the right to modify or cancel a subscriber’s service, an account, or take corrective action at any time and for any reason, including, but not limited to, violation of any provision of these Terms & Conditions. A subscriber’s right to use Clarity Wireless service is subject to Clarity Wireless business practices, policies, procedures, rates, and Terms & Conditions.

These Terms & Conditions are available on Clarity Wireless’s website. The Company agrees to keep the most updated document available for consumer availability at www.Myclaritywireless.com.

Eligibility

You must meet the stated qualification requirements to enroll in a prepaid plan with Clarity Wireless. This includes but is not limited to making the first month’s service fee payment at enrollment and providing payment information that will be used thereafter to pay your monthly prepaid plan service fee.

Prepaid Service Plans

Clarity Wireless’s prepaid service is provided at the Company’s discretion. The Company provides services using the geographic areas of the underlying carrier territories in which Clarity Wireless has carrier agreements. Clarity Wireless does not guarantee coverage availability in all areas. Quality of service may be affected by conditions beyond the control of Clarity Wireless, including atmospheric, geographical, or topographical conditions. Service may also be affected by damaged devices. Clarity Wireless does not guarantee or warrant that service will be available at any specific time or geographical location, or that service will be provided without possible interruption.

Except as otherwise described in these Terms & Conditions, you must be enrolled in a prepaid service plan to utilize Clarity Wireless services. Prepaid service plan descriptions, including rates and associated talk, text, and data allotments are available on the Clarity Wireless website at www.Myclaritywireless.com. Prepaid plan availability, rates, and allotments may vary by state and are subject to change at any time. You may not be eligible for certain prepaid plans or rates. Affordable Connectivity Program (ACP) and Lifeline Program discounts may be applied to the retail rate of Clarity Wireless’s prepaid plans except where exclusions apply as described on the prepaid plans page on Clarity Wireless’s website. You are responsible for paying the retail rate of your selected prepaid plan minus any eligible discounts for which you qualify.

Prepaid plans are non-refundable, cannot be transferred to any third party (including another Clarity Wireless account or customer), and may not be exchanged or resold. Notwithstanding the foregoing, Clarity Wireless may, from time to time, provide refunds in its sole discretion. New subscribers select a prepaid plan upon enrollment and existing subscribers can contact Clarity Wireless’s Customer Service to change their prepaid plan by dialing 611 from their Clarity Wireless mobile device or calling toll-free at (877) 870-8901.

Clarity Wireless offers prepaid plans in regions across the United States. For a complete list of service areas, please visit www.Myclaritywireless.com.

Clarity Wireless provides broadband service at speeds that meet or exceed the FCC’s mobile broadband minimum standards but reserves the right to reduce download speeds when necessary while still complying with FCC standards.

Subscribers are not required to receive a device or accept a device from the provider to enroll with Clarity Wireless. Subscribers may contact Customer Service at support@myclaritywireless.com or call (877) 870-8901 to inquire about how to enroll with Clarity Wireless using a compatible device.

If Customer has set up automatic payments with Clarity Wireless, Customer acknowledges and agrees that Clarity Wireless is authorized to automatically withdraw all owed payments, including all deposits, fees, termination fees, device payments, penalties, and finance charges, from the identified account(s). Customer shall be solely responsible for ensuring that all financial, banking, and automatic payment information remains accurate and up-to-date. In the event an automatic payment fails or is rejected for any reason, Clarity Wireless reserves the right to reverse any associated promotional credit or discount and/or charge a processing fee. 

Transitioning Prepaid Plan Subscribers to Clarity Wireless’s ACP Advantage Plan

As of June 1, 2024, there will be no ACP coverage available until such time as the U.S. Federal Government approves additional ACP funding. At the time of your enrollment in a prepaid plan with Clarity Wireless, you may have agreed for Clarity Wireless to automatically enroll you in the ACP Advantage Plan if additional ACP funding is provided by the U.S. Federal Government and you are determined to be ACP eligible. If you consented to this at the time of enrollment, Clarity Wireless will attempt to enroll you in its ACP Advantage Plan when the ACP is funded by the U.S. Federal Government. As part of this process, Clarity Wireless would perform an ACP eligibility check for its prepaid plan subscribers with the National Verifier.

You will have an opportunity to opt-out of being automatically enrolled in the ACP Advantage Plan if additional ACP funding is approved by the U.S. Federal Government. Clarity Wireless will notify you and provide forty-eight (48) hours to opt-out of being automatically enrolled in the ACP Advantage Plan. As part of Clarity Wireless’s notification at that time, you will be provided clear instructions about how to opt-out.

If you are enrolled in Clarity Wireless’s ACP Plan, your prepaid plan coverage will end and any unused prepaid plan monthly service payments will be refunded to you unless you consent for these amounts to be added to your eWallet account with Clarity Wireless and applied to cover the $1 monthly ACP  Plan service fee.

Eligibility Assessment

Clarity Wireless may use your application to assess eligibility for benefits. Clarity Wireless may request reports from CGM, LLC, located at 104 Sloan Street, Roswell, Georgia 30075, telephone number (888) 594-3860. These reports may include information from phone or internet providers regarding your service enrollment history, or the frequency with which you have received wireless devices, which may be used for determinations regarding eligibility for device discounts, and for waste, fraud and abuse mitigation purposes.

For California residents: Under California Civil Code § 1786.22, you have the right to request from CGM, upon proper identification, the nature and substance of all information in files pertaining to you, including the sources of information, and recipients of any reports about you, which CGM has previously furnished within the preceding three-year period. You may view the file maintained on you by CGM during normal business hours and obtain a copy of this file upon submitting proper identification. Upon making a written request, you are entitled to receive a summary of this file.

Suspension and Termination of Service

Clarity Wireless has the right to cancel or suspend, without notice, a subscriber’s account for any fraudulent related reasons or upon the request of any state or federal authority’s request. Clarity Wireless subscribers have the ability to end their prepaid plan service for any reason.

Failure to pay the monthly prepaid plan service fee will result in the suspension of your prepaid plan service following a grace period in which you will be provided a reasonable period to make payment before your prepaid plan coverage ends.

If you want to terminate your prepaid plan service, contact Clarity Wireless’s Customer Service at support@myclaritywireless.com. or (877) 870-8901 to complete this action.

Data Top-Ups

Clarity Wireless offers additional data top-ups available for purchase. Top-up plans will expire after 60 days if not used in full. Offerings are available based on the underlying carrier and may not be available for purchase in all areas. Applicable taxes and fees may apply to the sole responsibility of the subscriber.

Data Top-Ups are available in the following increments:

• 1 GB for $6

• 2 GB for $12

Clarity Wireless reserves the right to make changes to data top-up offerings at their sole discretion.

Data Speeds

DATA SPEEDS ARE NOT GUARANTEED. Clarity Wireless does not guarantee the speeds of the data services it provides. Data speeds are dependent on many factors, including reception, tower traffic, device capabilities, and other additional factors. Clarity Wireless reserves the right to prioritize data use during periods of network congestion or high individual daily usages by throttling data speed. Reduced speeds and increased latency may cause websites to load more slowly or affect the performance of data-heavy activities such as video streaming or interactive gaming. Additional scenarios that vary data speeds and performance may exist in accordance with underlying carrier network management practices.

Voice and Text Services

Clarity Wireless devices may not have voice and text capabilities. Should a device be enabled with such capabilities, the services provided are for live dialogue between and initiated by individuals for personal (i.e., non-commercial) use and as otherwise described in this policy. Clarity Wireless services are not intended for any other purpose, including but not limited to conference calling, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, telemarketing, broadcast or autodialed calls or texts, commercial uses, or other connections that do not consist of uninterrupted live dialogue between individuals. This service may not be used in a manner that interferes with other Clarity Wireless subscribers use of this service.

Data Services

Clarity Wireless data services are provided only for personal (i.e., non-commercial) use, which includes web surfing, sending and receiving email, photographs and other similar messaging activities, and the non-continuous streaming of videos, downloading of files or online gaming. Clarity Wireless data services may not be used for any of the following uses: (1) to generate excessive levels of Internet traffic through the continuous, unattended streaming, downloading or uploading of videos, music, or other files, or to operate hosting services including, but not limited to, web or gaming hosting; (2) to maintain continuous active network connections to the Internet, for example, through a web camera or machine-to-machine connections that do not involve active participation by a person; (3) to disrupt email use by others using automated or manual routines, including, but not limited to “auto-responders” or cancel bots or other similar routines; (4) to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, “junk mail,” unsolicited commercial or bulk email, or fax; (5) for activities that adversely affect the ability of other people or systems to use either Clarity Wireless Services or other parties Internet-based resources, including, but not limited to, “denial of service” (DoS) attacks against another network host or individual user; (6) for an activity that connects any device to personal computers (including without limitation, laptops), or other equipment for the purpose of transmitting wireless data over the network (unless customer is using an Clarity Wireless device designated for such usage); or (7) for any other reason that violates policy.

Devices

You may receive a free or discounted phone from Clarity Wireless if you are eligible at the time of enrolling into a prepaid plan. You may also use your existing device by requesting a BYOD SIM card.

You are not eligible to receive a freeor discounted phone if you received a phone from Clarity Wireless within the past six (6) months; enrolled in a prepaid plan from another service plan with Clarity Wireless; or are determined by CGM to not be eligible to receive a free phone. You may instead purchase a phone from Clarity Wireless or its vendor, or receive a BYOD SIM card to use an existing device. Contact Clarity Wireless’s Customer Service if you would like to receive a SIM card.

Except as specified in Clarity Wireless’s device unlocking policy, subscribers may not use Clarity Wireless service with any other device other than those approved by Clarity Wireless. Subscribers may not alter any of the software or hardware on an Clarity Wireless device for any purpose, as outlined in Clarity Wireless’s device unlocking policy.

Equipment Requirements

Devices utilized by Clarity Wireless subscribers comply with all Federal and/or State regulations and will be, at minimum, Wi-Fi enabled and 3G capable devices.

Location-Based Services

Devices offered by Clarity Wireless may be location-enabled, meaning the device is capable of using optional Goods, Content, and Services, at the request of the subscriber, offered by Clarity Wireless or third parties that make use of a user’s location (Location Based Services), using location technology such as Global Positioning Satellite (GPS), wireless network location, or other location technology. Review the Terms & Conditions and the associated Privacy Policy for each Location Based Service to learn how the information provided will be used and protected. Clarity Wireless may also use location information to create aggregate data, subject to our Privacy Policy for services like traffic monitoring and delivery of targeted advertising. It is the responsibility of the subscriber to notify any users of their account that the device may be location enabled. The use of certain Location Based Services or the disclosure of location information may be restricted by use of parental controls or similar features. Visit www.Myclaritywireless.com to review Clarity Wireless’s Privacy Policy.

Clarity Wireless Device Unlocking Policy

As of the published date of these Terms & Conditions, Clarity Wireless does not lock devices on its network. Should the Company determine to lock devices, reasonable notice to its subscribers will be given, and the following policy will apply for unlock requests:

• The device must be designed for use on, and locked to, the Clarity Wireless network;

• The device must not be reported as lost or stolen;

• And the device must not be associated with fraudulent activity.

Should a device be locked for any reason and needs to be unlocked, Clarity Wireless will provide unlock instructions upon request, provided an unlock code can be obtained from the manufacturer of the device in a reasonable fashion. To request an unlock code and steps to unlock a locked device, customers will contact Customer Service at 1-877-870-8901 or visit www.Myclaritywireless.com for alternative ways to contact Customer Service.

Limitations: This policy is subject to Clarity Wireless’s Terms & Conditions and may change without notice. The Company may request proof of purchase of the device or additional information at its discretion and certain other exceptions may apply.

Clarity Wireless may deny any request for a device unlock code at its sole discretion if there is a reasonable basis to believe that the request is an effort to defraud the Company or its customers, or that the device is stolen. As a reseller of wireless services, Clarity Wireless’s unlocking policy may be subject to additional limitations imposed by our underlying carrier(s).

Limited Warranty for Devices

A limited warranty of 14 days is provided on all Clarity Wireless devices. This limited warranty covers defects in materials and workmanship under normal use by the subscriber.

Limited Warranty Exchange Policy

Clarity Wireless customers have up to fourteen (14) days from the delivery date of their device to notify the Company of a defective device and/or accessories. The device must then be returned within 30 days of notification. Clarity Wireless will exchange a defective device with a replacement device, at their sole discretion, during this period. For a defective device replacement, contact Clarity Wireless Customer Service at 1-877-870-8901.

How to Obtain Warranty Service

To obtain a warranty service from Clarity Wireless, contact Customer Service at 1-877-870-8901 or send an email to  support@myclaritywireless.com. If an issue cannot be resolved, Clarity Wireless technicians will provide subscribers with an RMA number, which will be used to send the device to the designated Clarity Wireless Service Center for replacement, at the discretion of Clarity Wireless.

Terms of Limited Warranty

Clarity Wireless warrants to the subscriber that the Clarity Wireless device is free from defects in material and workmanship that may result in product failure during normal usage, according to the following terms and conditions:  

• The limited warranty for the device begins on the first date of device activation.

• The limited warranty extends only to the original subscriber of the device and is non-transferable.

• The limited warranty is not transferable to another subsequent end-user.

• During the limited warranty period, Clarity Wireless will replace, at Clarity Wireless’s sole discretion, any defective device with a new or refurbished replacement device on the following conditions:

• The device does not properly operate based on its intended use (except as excluded below)

• The device is malfunctioning or failing during normal usage.

• Clarity Wireless may, at its sole discretion, replace the device with a refurbished device of the same make, if available, or if not available, will replace with a comparable device.

• The limited warranty does not cover loss of personal information, passwords, contacts, music, ringtones, pictures, videos, applications or other content, memory cards, software, defects in appearance, cosmetic, decorative or structural items, including framing and other non-operative parts.

• Clarity Wireless shall not be liable for any other losses, damages, or claimed losses or damages resulting from the malfunction of a device. These remedies are the subscriber’s exclusive remedies for breach of warranty.

• The subscriber shall have no coverage or benefits under this limited warranty if an of the following conditions are applicable:

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

• The device has been damaged from external causes such as collision with an object, or from fire, flooding, sand, dirt, windstorm, lightning, earthquake or damage from exposure to weather conditions, an Act of God, theft, or improper use of electrical source.

• Clarity Wireless was not advised by the subscriber of the alleged defect or malfunction of the device within 14 days of delivery.

• The defect or damage was caused by the defective function of the data connection, by inadequate signal reception, by viruses, or by other software problems introduced into the device.

• The device is outside of the limited warranty period.

General Policy on Refunds and Returns

Outside of the warranty window and at its sole discretion, Clarity Wireless is not responsible for refunds for lost, stolen, misused, damaged, or destroyed devices, accessories, or Top-Up purchases. The customer is responsible for purchasing replacement devices, accessories, or tablets at their expense. All purchases of Top-Ups are final and non-refundable, regardless of who uses or possesses the subscriber’s device after the product is purchased, and regardless of whether the device is used without the subscriber’s consent or knowledge. Notwithstanding the foregoing, Clarity Wireless may, at its sole discretion, opt to provide a refund. Top-Up purchases have no cash value and are non-refundable, cannot be transferred to another Clarity Wireless account or subscriber, and may not be exchanged, transferred, resold, redeemed, or substituted for cash, merchandise, or services. If service is terminated, subscribers forfeit and are not entitled to a full or partial refund for any unused top-up balance.

DEVICE PROTECTION

 (if selected): The Clarity Protection Plan (CPP) is an optional program provided by AKKKO and Federal Warranty Service Corporation that repairs or replaces your device in the event of hardware service (out-of-warranty mechanical/electrical failure), accidental damage from handling, loss or theft. See the Device Protection Plan Summary of Coverage for more information regarding benefits, service fees/deductibles, exclusions and claim procedures. Upon enrollment, you will receive coverage documents that contain complete details. By electing coverage, you authorize Clarity Wireless to include the applicable monthly charge on your bill. You may cancel this coverage at any time by calling 1-877-870-8901. If you have questions about your coverage or need to file a claim visit getakko.com or email contact@getAKKO.com.

Device Returns

Devices purchased from Clarity Wireless may be returned for a full refund, issued only via check, within 7 days of receipt. This excludes promotional devices. A subscriber must return the device and all accessories as was distributed and purchased at the time of activation, and in the same condition as when it was received. For instructions, contact Clarity Wireless Customer Service at 1-877-870-8901.

Clarity Wireless provides new and/or recycled devices to its subscribers. All make and models provided to subscribers are selected at the sole discretion of Clarity Wireless. All new-in-box devices purchased from Clarity Wireless include a 14-day warranty from Clarity Wireless. If a device malfunction is experienced, please call Clarity Wireless Customer Service at 1-877-870-8901.

Lost or Stolen Equipment

Clarity Wireless subscribers who experience a lost or stolen device are responsible for all charges incurred on the device until Clarity Wireless is notified of the lost or stolen device. To report a lost or stolen device, please contact Customer Service at 1-877-870-8901 If the subscriber does not either activate a new device or notify the Company that the device has been found within 14 days of suspension of the account, the account will be disconnected.

Subscribers may purchase a phone from Clarity Wireless. Please contact Customer Services at 1-877-870-8901 to inquire about available phones for purchase through Clarity Wireless.

Refunds

ALL PREPAID PLAN SALES ARE FINAL.

 Due to the unique nature of the service offered by Clarity Wireless, it may become necessary on rare occasions to permanently terminate or temporarily suspend our service at any time without advance notice to you.  You expressly agree that we have the absolute right to do so.  In such event, you will not be entitled to any refund or proration of any payment, including prepaid plans, you have made.  You agree not to seek any charge back or other credit from your bank or credit card company and expressly acknowledge that the full amount of payment you made was properly due and owing. 

You can choose to cancel your service at anytime with the understanding that there will be no refund. All services once paid for are non refundable. This applies to auto renewals, one time renewals, 90 day plans and 1 year plans. Once a service is paid for it cannot be cancelled for a refund. To request the closure of your account please send an email, call 877-870-8901 or use our live chat link on www.myClarityWireless.com. Your account will then be closed at the end of the time period you have paid for. If you request that the account be closed on the same day there will be no refund on future days of service or previous payments.

THIRD-PARTY SERVICES

In connection with Customer’s use of the wireless services, Customer may access services, software, and applications (“Third Party Services”) provided by third parties (“Third Party Suppliers”). Third-Party Services may be subject to separate terms of service agreements (“Third Party Agreements”), and Customer hereby agrees to abide by any such agreements as a condition of Customer’s access to and use of Third Party Services. Except as provided in a Third Party Agreement, Third Party Suppliers: (i) make no warranties, either express or implied, concerning the Third Party Services; and (ii) shall not be liable to Customer for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, loss of business or business opportunity, or loss of use. In the event a Third Party Supplier licenses the Third Party Services directly to Clarity Wireless, such Third Party Supplier is a third party beneficiary of the above terms and is entitled to enforce them as if it were a party to this Agreement. In the event Customer purchases a third-party service from Clarity Wireless with a subscription term obligation, Customer shall, in addition to all monthly service charges, pay the full cost of the selected service over the course of the subscription period (“Subscription Payment Period”). Clarity Wireless is not responsible and hereby disclaims all liability for Third Party Services, including where Clarity Wireless bills or otherwise supports such services.

 Clarity Wireless Prohibited Network Uses Policy

Clarity Wireless services and equipment may not be used for any unlawful, fraudulent, harassing, or abusive purpose. By requesting Clarity Wireless services, subscribers agree not to use services and equipment for any unlawful, fraudulent, harassing, or abusive manner.

Clarity Wireless reserves the right, without notice or limitation, to limit, deny, terminate, end, modify, disconnect, or suspend service to any individual whose usage is deemed excessive compared to that of the average subscriber, if an individual engages in any of the prohibited voice, text, or data uses detailed below, or if Clarity Wireless determines, on a case-by-case basis, that action is necessary to protect its wireless network, business, equipment, or services from harm or degradation resulting from such prohibited uses.

The Clarity Wireless Prohibited Network Use Policy applies to all Clarity Wireless voice, text, and data plans, including unlimited plans. Unlimited use does not mean impermissible or unreasonable use, as set forth in these Terms & Conditions. Testing of subscriber usage may be performed by Clarity Wireless. If Clarity Wireless finds a subscriber to be using unlimited voice, text, or data services for any of the prohibited uses outlined in the Terms & Conditions, the Company may, at its sole discretion, terminate service or adjust a rate plan. Clarity Wireless will provide notice to the subscriber that it intends to take any of the above actions and give the subscriber an opportunity to terminate the agreement.

Agreement to Terms & Conditions: By initiating service and placing calls, using text, and/or using data on the Clarity Wireless network, subscribers acknowledge and agree to the complete Terms & Conditions listed on www.Myclaritywireless.com.

Promotions and Rewards

Clarity Wireless may, from time to time, provide promotional credits or promotional offers. This may include offering reduced monthly prepaid plan service fees for a specified period of time. Promotional credits are typically courtesy account credits due to service issues, device issues, or customer inconveniences. Promotional offers are typically plan, device, and pricing offers that are available for a limited time or when a subscriber meets certain conditions, as outlined by the Company. Promotions are offered at the sole discretion of the Company. Promotions can only be claimed and redeemed by account holders and only will be associated with the account of the customer who was offered the promotion. Promotions may not be sold or transferred to another Clarity Wireless account or to any other person. Promotions have no fixed or cash value or equivalent, and may not be exchanged, transferred, resold, redeemed, or substituted for cash, merchandise, or services. If your service is terminated, all promotional credit will be forfeited. Promotions may be subject to additional terms and conditions as described when offered to a subscriber.

Interoperability

Carriers typically use different frequencies and air interface technologies to provide wireless network access. As a result, a device that works on one carrier’s network may not be technologically compatible with another carrier’s network. Unlocking a device refers only to disabling software that would prevent a customer from attempting to activate a device designed for one carrier’s network on another carrier’s network, even if that network is technologically compatible. Unlocking a device will not necessarily enable a device interoperable with other networks. Unlocking a device may enable some functionality of the device but not all.

Clarity Wireless Taxes and Surcharges

Clarity Wireless may charge state and local taxes when applicable. Pricing listed on the Clarity Wireless website or listed in advertising methods for Clarity Wireless may not include certain taxes or surcharges. Subscribers are responsible for all charges applicable to the use of Clarity Wireless service, regardless of whether the subscriber was the actual user of the service. The amount of these taxes and surcharges are subject to change and may vary by geographic area. Clarity Wireless may charge and collect taxes and regulatory fees on all offerings in each state. Third party authorized retailers who sell Clarity Wireless services or products may become responsible for the collecting and paying of all taxes and required regulatory fees for transactions that occur through such third-party authorized retailers. Changes to a tax or surcharge will become effective as provided by the appropriate taxing authority and changes to applicable contribution amounts for Federal Universal Service Fund (“FUSF”) will apply. Taxes and fees are subject to change without notice.

International Calling and Text Messaging

Clarity Wireless does not offer or allow international calling or text messaging. Attempting to make international calls or send international text messages could result in the deactivation of service and de-enrollment from Clarity Wireless.

Preventing or Sending Spam

Clarity Wireless subscribers receiving unwanted text messages should contact the source and request to unsubscribe or remove the subscriber’s contact information from the service. If an Clarity Wireless subscriber intentionally sends spam from an Clarity Wireless device, the subscriber may be terminated without notice. Contact Clarity Wireless Customer Service at 1-877-870-8901 if additional help or information is required.

Clarity Wireless reserves the right to send messages to its subscribers pertaining to important account information.

Clarity Wireless Directory Assistance, Additional Charges, and Services

In the event an Clarity Wireless device is call and text enabled, Directory Assistance calls are not charged at a rate per call. Directory Assistance calls are deducted from subscriber’s available minutes at a 1:1 ratio. Clarity Wireless reserves the right to access a rate per call in the future. Notice of such will be added to these Terms & Conditions and will be posted to our website.

Calls to 900/976 or other pay-per-call service numbers are not available to Clarity Wireless subscribers. Clarity Wireless will block any calls to 1-900, 1-976, some international calling, or other pay-per-call services. If any charges are received by Clarity Wireless from the underlying carrier for these types of calls, these charges will be passed through to the end user for payment. Nonpayment of these charges when billed to the subscriber will constitute automatic disconnection of service.

Calls placed to 800/866/877 or other toll-free numbers will incur standard minute usage of a 1:1 ratio. Clarity Wireless allows subscribers with capable devices to make or receive domestic long-distance calls inside the domestic USA provided coverage is available. Clarity Wireless does not allow free calls to other subscribers using Clarity Wireless service. Clarity Wireless devices do not provide rate information for services used to make or receive voice calls or messages. If a subscriber’s account is deactivated for any reason, Clarity Wireless reserves the right to charge subscribers a standard reactivation fee, which is not refundable.

Clarity Wireless Subscriber Account History

Subscriber usage history is available upon request. Requests for a printed copy of account history can be obtained by calling Clarity Wireless Customer Service at 1-877-870-8901, emailing mailto:support@myclaritywireless.com or by sending a written request to:  

Clarity Wireless,LLC

Attn: Customer Service

2401 Fountain View Dr. Ste 464 #2277

Houston, Tx 77057

Disputed Charges

If you have a dispute with any charge to your Clarity Wireless account, you must notify us within 60 days after the charge appears on your account. You may either contact Clarity Wireless at 1-877-870-8901 or send notice in writing to the address listed below. An Clarity Wireless Customer Service Representative will investigate your claim. If Clarity Wireless is not notified of your dispute within this 60-day period you waive any right to dispute the charge, including in arbitration and/or a court proceeding. You accept all charges not properly disputed within this 60-day period. We will provide you a credit or refund if we determine that the disputed charge was inappropriate and was disputed by you in a timely manner. If we provide a credit or refund, you agree that the dispute is fully and finally resolved and not subject to any further proceedings. Clarity Wireless is not liable for any charges for products or services provided by third parties through and for use on our network, regardless of the date on which you report it. If any unauthorized or disputed charge appears on your statement for a third-party product, you must contact that third party directly. Third-party contact information is also available by calling Clarity Wireless at 1-877-870-8901. Clarity Wireless service, unless otherwise provided by law, excludes all incidental or consequential damages. Some states do not allow this exclusion.  

Dispute by mail:

Clarity Wireless

2401 Fountain View Dr. Ste 464 #2277

Houston, TX 77057

Use of Clarity Wireless Customer Information

By agreeing to the Terms & Conditions, subscribers also agree to the terms of Clarity Wireless Privacy Policy. The Privacy Policy may change from time to time and includes important information on what data the Company collects about you, how the data is used, and with whom the data is shared.

Clarity Wireless and its affiliates may contact you via email, telephone, or text messaging, including calls or messages using an automated telephone dialing system, manually, or with pre-recorded/artificial voice messages. Clarity Wireless and its affiliates may contact you for service-related, informational or marketing purposes via these methods regardless of whether your number is listed on the Do-Not-Call Registry or a state equivalent registry. You may revoke this ability of Clarity Wireless or its affiliates to contact you at any time. To opt out of being contacted for marketing purposes by Clarity Wireless or its affiliates, dial 611 from your Clarity Wireless provided wireless number or call Clarity Wireless’s customer service at 1-877-870-8901. Opting out will not affect Clarity Wireless’s ability to contact you with free notices and messages regarding your wireless service and devices and your benefits via the methods listed herein. For more information, refer to Clarity Wireless’s Privacy Policy at www.Myclaritywireless.com.

Clarity Wireless may use and share your Customer Proprietary Network Information (CPNI) for marketing purposes, including but not limited to sharing your CPNI with affiliates of Clarity Wireless. This includes sharing your subscriber list information, such as your name, postal address, email address and telephone number. Affiliates of Clarity Wireless may contact you about offerings of non-communications-related services, products and promotions. You have a right, and Excess Wireless has a duty, under federal law, to protect the confidentiality of CPNI. CPNI is information made available to Clarity Wireless solely by virtue of our relationship with you that relates to the type, quantity, destination, technical configuration, geolocation data, and amount of use of the telecommunications services you purchase from Clarity Wireless, as well as information related to the billing for those services. You will continue to receive Clarity Wireless communications services if you opt out of allowing Clarity Wireless or its affiliates to contact you about marketing offers. CPNI is described in Clarity Wireless’s Privacy Policy at www.Myclaritywireless.com. ; You may withdraw your consent at any time by reaching us as described in our Privacy Policy.

Privacy and Security

Customer privacy and security are important to Clarity Wireless. The Company employs reasonable physical, electronic, and procedural safeguards to protect personal information when a subscriber gains access to the Internet using Clarity Wireless services. In addition, the Company takes reasonable steps to protect all subscriber personal information from unauthorized use, access, or disclosure. For more information about Clarity Wireless’s privacy and security practices, you can view the Privacy Policy located at www.Myclaritywireless.com.

Dispute Resolution

You agree to contact Clarity Wireless with any disputes. You must contact Clarity Wireless with any dispute by calling Clarity Wireless at 1-877-870-8901 or by writing to:

Clarity Wireless

Attn: Dispute Resolution

2401 Fountain View Dr. Ste 464 #2277

Houston, TX 77057

You must provide a description of the dispute, all relevant information, any supporting documentation, and the proposed dispute resolution. An Clarity Wireless representative will contact you at the last address you have provided or by phone. Clarity Wireless agrees to negotiate in good faith to resolve any dispute you may have. You agree to pay the full amount reflected on your account statement, even while a dispute is being resolved. If you do not reach an agreement to resolve your claim within 30 days after notice of dispute was given, you or Clarity Wireless may commence a Binding Arbitration proceeding (see below).

Certain disputes you may have with Clarity Wireless may be resolved through Binding Arbitration. By making or receiving calls on an Clarity Wireless handset you agree the sole remedy for any dispute shall be Binding Arbitration on an individual basis. You waive your rights to a jury trial or any class actions. You also agree the Federal Arbitration Act governs any dispute claim you have with Clarity Wireless. This Binding Arbitration you agree as the sole remedy limits your options available in the event of a dispute to an individual basis and survives any termination of your service with Clarity Wireless. Class Arbitrations and Class Actions are hereby excluded as a remedy for any dispute you may have.

This agreement shall be construed under the laws of the state of Oklahoma, without regard to its choice of law rules, except for the arbitration provision contained in these Terms & Conditions of Service, which will be governed by the Federal Arbitration Act. This governing law provision applies no matter where you (the subscriber) reside, or where you (the subscriber) use or pay for Clarity Wireless services. To the extent permitted by law, if a dispute claim proceeds in court, Clarity Wireless and you waive any right that we may have to trial by jury in any lawsuit or other proceeding.

Limitation of Liability

Clarity Wireless will not be liable to the subscriber or related parties, for any direct or indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost or potential profits (regardless of whether it has been notified such loss may occur) by reason of any act or omission in its provision of equipment and/or services. Clarity Wireless will not be liable for any act or omission of any other company furnishing a part of our services, or our equipment or for any damages that result from any service or equipment provided by or manufactured by affiliated or non-affiliated third parties. Clarity Wireless is not responsible, at any time, and shall not be liable to the subscriber or anyone else for any personal information such as usernames, passwords, contacts, pictures, SMS, or any additional content that may have stored on an Clarity Wireless device or which may remain on that device during and/or after it is no longer receiving service from Clarity Wireless. Unless prohibited by law, the subscriber agrees to limit claims for damages or other monetary relief against each other to direct and actual damages. Clarity Wireless assumes no risk or responsibility for a subscriber’s use of any content provided by Clarity Wireless services. There is no fiduciary duty that exists between the subscriber and Clarity Wireless or its affiliates. Subscribers also agree that Clarity Wireless will not be liable for any missed voicemails, any messages from your voicemail system, any data content, or any storage or deletion of contacts from a device address book provided by Clarity Wireless.

Indemnification

To the full extent permitted by law, subscribers agree to hold harmless and indemnify Clarity Wireless and its affiliates and their respective officers, agents, directors, partners and employees, from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including any costs, expenses or attorneys’ fees on account thereof), directly or indirectly, resulting from use of Clarity Wireless products and services, or another person whom has been authorized or not to use the products or services, whether based in contract or tort (including strict liability) and regardless of the form of action. This obligation shall survive any expiration or termination of service with Clarity Wireless. A subscriber may reside in a state that does not allow disclaimers of implied warranties or limits remedies for breach. Therefore, the above exclusions or limitations may not apply to all subscribers. A subscriber may have other legal rights that vary by state.

Disclaimer of Warranties

Except for the limited warranties expressly set forth in these Terms & Conditions, and to the extent permitted by law, the services and devices are provided on an “as is” and “with all faults” basis and without any other warranties (including express or implied) of any kind to the fullest extent permitted by law. Clarity Wireless makes no representations or warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose concerning services or devices. Clarity Wireless cannot promise uninterrupted or error-free service and does not authorize anyone to make any warranties on its behalf. Clarity Wireless does not guarantee that communications will be private or secure; such interceptions can occur and Clarity Wireless shall have no liability in the event that communications and or connections are intercepted.

Notices

Written notices can be sent to Clarity Wireless at:  

2401 Fountain View Dr. Ste. 464 #2277

Houston, TX 77057

Emailed notices can be sent to Clarity Wireless at support@myclaritywireless.com

Notices made by phone can be made by calling Customer Service at 1-877-870-8901.

Notices will be considered effective after being received by Clarity Wireless. If a subscriber is unable to resolve concerns with Clarity Wireless, they may file a complaint with the Federal Communications Commission’s (FCC’s) Consumer Complaint Center or their state public utilities commission. Any notice sent to a subscriber will be sent to the last known residence on file, or via text message to the phone number provided during account activation.

The following states provide Clarity Wireless subscribers with additional rights, protections, and responsibilities:

Colorado

Complaints concerning service can be directed to the Colorado Public Utilities Commission at:  

Colorado Public Utilities Commission

Consumer Affairs

1560 Broadway, Suite 250

Denver, CO 80202

Phone: (303) 894-2070 or (800) 456-0858

Email: PUCconsumer.complaints@dora.state.co.us

Georgia

Complaints concerning service can be directed to the Georgia Public Service Commission’s Consumer Affairs Unit at 404-656-4501 or 1-800-282-5813.

Kentucky

You have the right to contact the Kentucky Public Service Commission regarding any dispute that you have been unable to resolve with your utility. Call toll free 1-800-772-4636.

Oklahoma

Complaints concerning service can be directed to the Oklahoma Corporation Commission Consumer Services Division (CSD). The CSD may be reached at:

CSD street address:

Oklahoma Corporation Commission

Consumer Services Division

2101 N. Lincoln Blvd. Suite 580

Oklahoma City, OK 73105

CSD mailing address:

Consumer Services Division

P.O. Box 52000

Oklahoma City, OK 73152-2000

Phone: (405) 521-2331; (800) 522-8154

The Consumer Services Division’s hours of operation are 8:00 a.m. to 4:30 p.m. Monday through Friday, excluding State holidays.

Pennsylvania

Unresolved questions or complaints regarding service may be directed to the PA Public Utilities Commission, Bureau of Consumer Services by calling toll free 1-800-692-7380 or by visiting https://www.puc.pa.gov/complaints/informal/complaints

South Carolina

Complaints concerning service can be directed to the Consumer Services Division of the South Carolina Office of Regulatory Staff (ORS). ORS can be reached at 1-800-922-1531 or 803-737-5230, available Monday – Friday, 8:30 am to 5:00 pm. You may also contact ORS via mail or on their website, at:  

Office of Regulatory Staff

Consumer Services Division

1401 Main Street, Suite 900

Columbia, SC 29201

www.ors.sc.gov

If you wish to file a formal complaint with the South Carolina Public Service Commission, you can do so via their website, https://psc.sc.gov/consumer-info/filecomplaint

Hearing Aid Compatibility

The wireless telephone industry has developed ratings to assist hearing device users in finding wireless devices that may be compatible with hearing devices. Not all wireless devices have been rated. Wireless devices that are rated will have the rating displayed on their box together with other relevant approval markings. These ratings are not guarantees. Results will vary depending on your hearing device and hearing loss. If a hearing device is vulnerable to interference, it may not be able to use a rated wireless device successfully.

M-Ratings: Wireless devices rated M3 or M4 meet FCC requirements and are likely to generate less interference to hearing devices than wireless devices that are not labeled. M4 is the better/higher of the two ratings.

T-Ratings: Wireless devices rated T3 or T4 meet FCC requirements and are likely to be more usable with a hearing device’s telecoil (T Switch or Telephone Switch) than unrated wireless devices. T4 is the better/higher of the two ratings. (Note that not all hearing devices have telecoils in them). When wireless devices are used near hearing devices (such as hearing aids and cochlear implants), users may detect a buzzing, humming, or whining noise. Some hearing devices are more immune than others to this interference, and wireless devices also vary in the amount of interference they generate. Hearing devices may also be measured for immunity to this type of interference. The more immune the hearing aid is, the less likely a customer is to experience interference noise from wireless devices. Hearing device manufacturers or hearing health professionals may help find results for hearing devices. Assist offers handsets with different levels of functionality described as follows:

Functionality Level A indicates a phone that is at least SMS, Camera, Bluetooth, USB, and Data Capable.

Functionality Level B indicates a phone that is at least SMS, Camera, and Data Capable.

Functionality Level C indicates a phone that is at least SMS and Data Capable.