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

Version 3.9

General

Kajeet, Inc (“Kajeet,” “we,” “our,” and “us”) is the provider of certain mobile devices (such as mobile phones) and cellular telephone and data services, as well as related services,  including services that enable customers to manage and monitor the usage of Kajeet devices and services by the persons whom they authorize to use those devices (collectively, Kajeet’s “Services”).  For example, some of Kajeet’s Services enable parents to monitor use of Kajeet mobile devices (e.g., phones) that they provide to their minor children, and other Kajeet Services enable employers to manage numerous Kajeet mobile devices that they issue to their employees.  The Kajeet Services include services offered under the brand “Kajeet” and “Kajeet for Education™”.  Kajeet may also offer additional or different Services from time to time.  This document, entitled Terms of Service (the “Terms”), sets forth the terms and conditions under which Kajeet makes available any of the Services that you purchase from it.  By accessing or using the Services, you acknowledge that you have read and understood these Terms.  These Terms are a binding agreement between Kajeet and you, and you agree to abide by these Terms. 

You understand and agree that you, or the organization(s) on whose behalf you are agreeing to these Terms, are responsible and liable for all acts and omissions of third parties (e.g., minors, employees) whom you authorize to access or use the Services (each, an “End User”), and you are responsible and liable for their strict compliance with these Terms.  References to “you” or “your” use of the Services apply to End User and their use of the Services in the same manner.  You acknowledge and agree that Kajeet may disable access to the Services for any particular End User who fails to comply with these Terms. By agreeing to these Terms and/or using the Services, you represent that you are at least 18 years old and a resident of the United States.  If you do not agree to any of these Terms, you are not authorized to access or use the Services.

These Terms of Service were published on August 8, 2012 and will become effective September 7, 2012. Until September 7, 2012, the governing Terms of Service can be found here. By accessing or using the Services at any time from or after September 7, you agree to be bound by these Terms.

If you have any questions about these Terms of Service, please feel free to visit us online at kajeet.com or contact us here.

Exclusive Use of Device with Kajeet Services; Certain Restrictions on Use

Each phone or other device sold to any End User or to you contains embedded software which is proprietary to Kajeet and is licensed, not sold.  Kajeet grants the owner of each Kajeet device a limited, non-exclusive license to use that software solely as embedded within the device, in object code format only, and exclusively for use with the Services for so long as you are authorized to use the Services.  As a condition of this license, you may not tamper with or alter any of the hardware or software in your Kajeet mobile device, export this mobile device from the United States, purchase this mobile device for resale to any third party or assist anyone else in engaging in such activity. You acknowledge that violation of the specific provisions of this paragraph violates the proprietary rights of Kajeet and its licensors and may violate state and federal laws. Kajeet reserves the right to prosecute violators to the full extent of the law.

Use of Your End User Information

Kajeet will protect your personal information according to our Privacy Policy, which is an integral part of these Terms.  Please review it prior to accepting these Terms. A copy can be found here.  This Privacy Policy explains how Kajeet uses and protects personal data that it collects in connection with the Services. By accepting these Terms, you represent and warrant that you are authorized to consent to the collection, use and disclosure of the personal data as described in the Privacy Policy on your own behalf and on behalf of all End Users whom you authorize to use the Services.

Rules of Conduct

You agree not to use the Services in any way that is illegal or that is fraudulent, harassing or abusive as determined by Kajeet in its sole discretion, including, without limitation:

  • You will not use your Services to harm, bully or harass other individuals.
  • You will not use your Kajeet device 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 device.
  • You will use the Services 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 Services or harm or impede the ability of others to use their Services.
  • You may not re-program, reverse engineer, or alter any of the hardware or software on your Kajeet device or within the Kajeet Services.
  • You may not upload, download, post, distribute or otherwise transmit any content that is unlawful, fraudulent, 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 from the Services that you upload, download, post, distribute or otherwise transmit on our Services that we believe may violate these Terms or is otherwise deemed objectionable by us in our sole discretion.

Safety and Security

To protect your personal data, Kajeet requires a password for any access, changes, or service to your account. You acknowledge that you are responsible for all activity occurring using your password.  You are advised not to disclose your password to third parties, and you should contact us (Click here.) immediately if you believe that your password has been compromised.

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

While we work hard to protect our customers from improper disclosures of confidential and personal information and to provide our users with a secure network environment, you acknowledge that, despite our efforts, we cannot absolutely guarantee that all communications and personal information will remain secure.  Kajeet will not be responsible or liable for security breaches occurring despite its ordinary and reasonable security procedures.

Kajeet Charges

This section describes the Kajeet Services and how charges are applied. Some Kajeet products, including handset and handset accessories, may require alternative methods of payment.

Unless otherwise specified in a separate written agreement between Kajeet and you, the specific rates for each Service are detailed at kajeet.com/rates (the “Rate Card”).  Your use of each of those Services is subject to these Terms. Kajeet may introduce new rate plans and additional Services, or modify existing Services and rates, from time to time.

Kajeet wireless network services are provided on the Nationwide Sprint PCS Network. 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.

You may be able to configure your account to enable purchases of particular Services by individual End Users.  For example, parents may configure an account so that End Users who are minors may purchase ringtones for their mobile devices, or employers may configure an account so that End Users who are employees may purchase access to specific Services.  By permitting End Users to access or purchase any particular Services, you are agreeing to be responsible for all purchased made by them.

Description of Kajeet Services

Subject to your agreement to, and compliance with, these Terms, and for so long as these Terms remain in effect, Kajeet will provide the Services you have purchased from us.  You acknowledge that Kajeet may modify the Services from time to time, subject to these Terms.

To make full use of the features within the Kajeet Services, you acknowledge that you may need to setup and/or configure your Kajeet account using online tools within one of Kajeet’s Web sites.  Use of Kajeet’s Web sites is subject to Kajeet’s Terms of Use, which may be reviewed by clicking here.  In the event of a conflict between those Terms of Use and these Terms, these Terms will supersede and govern.

We reserve the right to modify these Terms or the Services from time to time. If we make any material changes 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.

Content Licensing

Depending upon the particular phone or other device you use to access the Service, you may have access to the Kajeet Navigator™, which is Kajeet’s proprietary online store.  The following terms of this section apply only to content and services obtained through the Navigator.  The Navigator provides access to a variety of digital content, including, but are not limited to, ringtones, wallpaper, games, applications, software, and the content of mobile Web pages and network-based application services, as well as all related code, data structures, images, sounds, text, screens, game plans and derivative works thereof. Each discrete piece of content obtain from the Kajeet Navigator, such as an individual application or game is considered a “Navigator Content Item.”  Kajeet grants to each End User a non-exclusive, personal, non-assignable, non-transferable, non-sublicenseable limited license to use each Navigator Content Item downloaded by that End User solely on a single device and solely for personal, non-commercial purposes.  No rights or licenses are granted regarding Navigator Content Items other than the rights expressly granted above, and all rights not expressly granted are reserved by Kajeet and its licensors.  

You acknowledge that software provided with or as a Navigator Content Item is licensed in object code format only, and no license is granted with respect to the source code format of any software provided.  You agree that you shall not (i) decompile, reverse engineer, disassemble or modify any Navigator Content Items; (ii) remove, efface or obscure any copyright or other proprietary notices from the Navigator Content Items; or (iii) reproduce, modify, create derivative works of, distribute, digitally transmit, publicly display, publicly perform, publish, disseminate, broadcast, circulate, rent, lend, lease, grant a security interest, transfer, or assign any Navigator Content Items or otherwise transfer rights granted above to any third party.  You may not use the Navigator Content Items for any unlawful purpose or for any other purpose otherwise prohibited by these Terms.  You agree to erase any particular Navigator Content Items from the devices to which they have been downloaded upon receipt of notice requiring the same.

Navigator Content Items 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 regarding End Users.  By installing any Navigator Content Item that includes such features, you consent to the operation of all such communications features.

You acknowledge that Navigator Content Items may include digital rights management (“DRM”) features.  DRM features are technological mechanisms designed to manage and enforce intellectual property rights in digital content.  You may not take any action to circumvent or defeat the security or content usage rules provided or enforced by any DRM features of the Navigator Content Items. You acknowledge that DRM mechanisms may be able to revoke an End User’s ability to access or use applicable Navigator Content Items.  You agree that neither Kajeet nor its licensors shall be responsible for the operation of such DRM in any way, including revocation of rights to access or use particular Navigator Content Items. You consent to the communications enabled and/or performed by any such DRM, including automatic updating of the DRM mechanism without further notice.  You agree to indemnify and hold harmless Kajeet and its licensors from and against any and all claims, damages and expenses relating to use of any third-party DRM mechanism.

Each license with respect to any particular Navigator Content Item will become effective on the date an End User first downloads, installs and/or uses such Navigator Content Item, and it will remain in effect until terminated.  A license with respect to a particular Navigator Content Item will terminate immediately, without notice, if the relevant End User fails to comply with any term or condition of these Terms related to use thereof.  If an End User’s license for a particular content license is terminated, you agree to immediately remove that Navigator Content Item from the relevant device.  An End User may also terminate his or her license for that Navigator Content Item by removing such Navigator Content Item from the relevant device.  Please note: If you upgrade to a new Kajeet Device, previously purchased Navigator Content Items may not be transferable to the new device.  You acknowledge that you may need to re-purchase Navigator Content Items if you wish to use them on such new devices.

You acknowledge that many Navigator Content Items have been provided to Kajeet by third-party licensors (the “Content Providers”).  You agree that each Content Provider is an intended third-party beneficiary of Kajeet’s rights under these Terms as related to Navigator Content Items that it has provided through Kajeet, and you agree that each Content Provider may enforce such rights directly against you.

You acknowledge that, except with respect to Navigator Content Items, as set forth above, Kajeet grants no rights or licenses in or to any data or content to which you obtain access through the Services, nor any rights or licenses to use any particular Web sites, downloadable files, software, media or any other subject matter transmitted or obtained through the Services.  You acknowledge that data and content accessed or downloaded through the Services may also be subject to licenses or terms of use required by the third-party providers of such data and content, and you agree to abide the terms thereof with respect to any data and content accessed or downloaded through the Service.

Intellectual Property Rights

The Kajeet Services are protected by U.S. and international intellectual property laws.  As between Kajeet and you, you acknowledge that Kajeet, its licensors and its vendors retain all right, title and interest in and to the Kajeet Services, including, without limitation, ownership of all related intellectual property rights.  No license is granted to you or to any End User under any intellectual property rights except as otherwise expressly stated in these Terms.

“Kajeet;” “use it for good;” the various characters known as Lottie, Zeo, Obie, Tallulah, Kane, and Skratch; the k design; “Airlink Mobile;” “Powerlink;” and “S-Link” are trademarks or service marks of Kajeet or its affiliates.  You may not use these or any other Kajeet trademarks or service marks without Kajeet’s prior written permission. All other trademarks are the property of their respective owners. Sprint is a trademark of Sprint Nextel.  Google, the Google logo, and Google Map are trademarks of Google, Inc.

Kajeet owns the following U.S Patents:

7,881,697
7,899,438
7,945,238
8,078,140

Your feedback is welcome and encouraged. You agree, however, that (i) by submitting unsolicited ideas to Kajeet, you automatically forfeit your right to any intellectual property rights in those ideas; and (ii) unsolicited ideas submitted to Kajeet or any of its employees or representatives automatically become the property of Kajeet.

Service Coverage and Service Quality

Kajeet wireless network services are provided by one or more third-party carrier networks. Kajeet Services are available using mobile devices specified by Kajeet and purchased from Kajeet or an authorized Kajeet retailer.  You understand that we do not control or operate those carrier networks, and therefore we cannot guarantee that your calls and messages will always get through, or that Kajeet Services will be provided without any interruption or error.

Equipment Refunds and Returns

Certain Kajeet Services utilize equipment such as mobile phones or other mobile devices. Devices purchased directly from Kajeet may be returned for a full refund (except shipping, which is not refundable) within 30 days of purchase. In order to process the return, you must provide your original receipt plus everything that came inside your Kajeet package (e.g., with mobile phone purchases, your return must include the phone, battery, charger, earbud and packing materials). You are required to securely pack everything in the original package and to pay return shipping to Kajeet at the address provided by Kajeet customer services department.  Please contact us (Click here.) for additional instructions before returning your items. Kajeet will not be responsible for improperly returned items.  Your refund will be processed as a credit to the credit card you used when you made the purchase.

You understand that Kajeet cannot provide refunds or accept returns for products not purchased directly from Kajeet.

Purchases Final and Non-Refundable

All purchases of Kajeet Services are final, and payments for Kajeet Services are non-refundable.  However, if you think that there has been an error in any charge posted to your account, please notify us (Click here.) within 30 days after the charge is posted to request an investigation of your claim. If we determine the charge was made in error, a credit will be posted to your account.

Account & Service Status

We reserve the right to temporarily suspend Services if payment has not been made when due.  Some Services may require payment in advance, in which event you may be unable to activate those Services until payment is made.  While suspended, you will be unable to utilize the Services.  For example, if the suspended Services are cellular telephone voice and/or data services, you will be unable to make or receive calls, send or receive text messages, download ringtones or other applications, or use any other Services. If telephone services are suspended, Kajeet will hold your phone number for 90 days even when your account is inactive. After 90 days of suspension, however, Kajeet will deactivate such accounts, and you will lose your phone number and any remaining balance in your account. (Note: For telephone services, even while suspended of after an account is deactivated, you will still have an ability to call 911 from Kajeet devices with phone capabilities.)

You understand that after your account is deactivated, you do not have any continuing 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 provided 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 Services to any customer it believes is abusing the Service, not complying with these Terms, is performing illegal or inappropriate acts using the Kajeet Services and/or is abusing the Service through excessive and/or commercial use.

Lost or Stolen Equipment

If your Kajeet device is lost or stolen, please notify us immediately, and we will suspend your account.  Our contact information is located here.  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 Kajeet device.  If the device was a mobile device with phone capabilities, you may activate the replacement device with the phone number of your lost device. All funds in your Kajeet account will be available and will transfer to your new device.

TTY Access and Hearing Aid Compatibility (HAC)

For information concerning TTY access for the hearing impaired and HAC features, please click here.

Disclaimer of Warranty

YOU UNDERSTAND THAT KAJEET IS NOT THE MANUFACTURER OF ANY PHONES OR OTHER EQUIPMENT SOLD FOR USE WITH KAJEET SERVICES.  ALL SUCH DEVICES ARE SUBJECT TO THEIR MANUFACTURERS’ RESPECTIVE WARRANTIES, IF ANY, THE TERMS OF WHICH ARE PROVIDED AT THE TIME OF PURCHASE.  SUBJECT TO THE FOREGOING, TO THE MAXIMUM EXTEND PERMITTED BY APPLICABLE LAW, KAJEET, ITS LICENSORS, AND VENDORS, DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS, THE SERVICES, ALL CONTENT ITEMS, AND ALL PHONES OR OTHER EQUIPMENT SOLD FOR USE WITH KAJEET SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION, AND/OR DATA ACCURACY. KAJEET AND ITS LICENSORS AND VENDORS DO NOT WARRANT THAT THE OPERATION OF ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.  NO WARRANTY IS MADE ON THE BASIS OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED OR LIMITED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY OR MAY BE LIMITED. YOU ACCEPT ANY RISK ASSOCIATED WITH VIRUSES, SPYWARE, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO YOUR SYSTEMS THROUGH THE KAJEET SERVICES WITHOUT OUR KNOWLEDGE, AND YOU AGREE THAT KAJEET AND ITS VENDORS AND 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 PHONES OR OTHER EQUIPMENT PURCHASED FOR USE WITH THE KAJEET SERVICES, THE CONTENT ITEMS AND/OR 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 Liabilitiy

IN NO EVENT WILL KAJEET, ITS LICENSORS OR VENDORS BE LIABLE TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY KAJEET SERVICES OR THESE TERMS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, COSTS OF DELAY, OR BUSINESS INTERRUPTION, REGARDLESS OF THE NATURE OF THE CLAIM OR THE THEORY OF LEGAL LIABILITY, AND REGARDLESS OF WHETHER WE ARE AWARE OR HAVE BEEN NOTIFIED THAT SUCH DAMAGES MAY OCCUR. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KAJEET, ITS LICENSORS AND VENDORS, FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE KAJEET SERVICES AND/OR THESE TERMS, EXCEED THE SUM OF AMOUNTS ACTUALLY PAID BY YOU TO KAJEET FOR THE APPLICABLE PRODUCT, SERVICE OR CONTENT ITEM TO WHICH THE RELEVANT CLAIM RELATES. YOU ACKNOWLEGE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL TERMS BETWEEN KAJEET AND YOU RELATING TO OUR PROVISION OF SERVICES, AND KAJEET WOULD NOT AUTHORIZE YOU TO USE THE SERVICES WITHOUT SUCH DISCLAIMERS AND LIMITATIONS.

Idemnification

You agree to indemnify and hold harmless Kajeet, its licensors and vendors, and their respective officers, directors, employees and agents (each an “Indemnitee”), from and against any and all claims, liabilities, losses, expenses, damages and costs (including reasonable attorneys’ fees) that directly or indirectly arise, in whole or in part, in connection with (i) your use of any Kajeet Service or otherwise in connection with any violation of these Terms by you or any End User; (ii) any claim brought against Kajeet, or any other Indemnitee, by any End User; (iii) any violation of any rights of a third party by you or any End User; (iv) any violation of applicable law by you or any End User; or (v) information or content that you or any End User submit, post, transmit or make available through any Kajeet Service.

Notices

You may notify us by mail at the address specified here or by phone at 1-866-4kajeet(4255338). 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 mobile device.

Export

You agree to comply with all trade regulations and export control laws, both domestic and foreign. Kajeet equipment (e.g., phones and other mobile devices), 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 devices, 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.

Termination

These Terms will become effective and binding when you use the Kajeet Services to which they apply, or when you indicate your agreement by following any instructions we provide (such as clicking buttons labeled “I Agree”), whichever first occurs.  These Terms will remain in effect for so long as the Services to which the Terms apply are still in effect, unless sooner terminated.  You may terminate these Terms and the Services to which they apply at any time by providing us notice, provided that certain charges may apply, and you acknowledge that certain funds having already been paid for your account may not be refundable.  Please refer to kajeet.com/rates for applicable charges, if any.  These Terms will terminate automatically and immediately if you or any End User fails to comply with your promises and obligations stated in these Terms.  We reserve the right to terminate the Services and these Terms if we discontinue offering the Services, generally.  Your access to the Services will terminate when these Terms are terminated. All representations and warranties you make to Kajeet under these Terms, all remedies available to Kajeet under these Terms, as well as, the provisions of these Terms with the following headings, will each survive the termination of these Terms: Exclusive Use of Devise With Kajeet Services; Certain Restrictions on Use, Rules of Conduct, Safety and Security, Kajeet Charges, Content Licensing (excluding the limited license grant from Kajeet), Intellectual Property Rights, Service Coverage and Service, Quality, Equipment Refunds and Returns, Service and Refill Refunds, Account & Service Status, Lost or Stolen Equipment, Disclaimer of Warranty, Limitation of Liability, Indemnification, Notices, Export, Termination, Effect of Terms of Service.

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 conditions 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 as otherwise expressly stated above, 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 beneficiary 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 consumers 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. These Terms, together with the Privacy Policy and any other terms expressly incorporated herein, constitute the entire agreement between you and Kajeet regarding the subject matter herein.

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