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

Version 3.8

Our Terms of Service describe the rules governing use of kajeet phones and services including voice, text, data, and parental controls (“Service”). These Terms of Servicewere issued on Jan 24, 2012 and will be effective Feb 24, 2012. Until Feb 24, 2012, the governing Terms of Service can be found here.

Users of the Sentinel™ platform services are subject to the separate terms of service which supplement your individual arrangement with kajeet. You can find the Sentinel™ terms of service here.

You’ll see the Terms of Service broken down into 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 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 Service to do illegal and bad stuff like bullying, hacking, photographing someone without their knowledge or spamming.

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.

Service Description Details: Our Service delivers voice, messaging, and data services with easy online-access to Parental Controls. We don’t charge activation fees, we don’t charge termination fees and we don’t add surcharges on top of other fees.

GPS Location Services: Our Service includes the ability to locate your kajeet phone.

Refills: The Service offers many choices of monthly rate plans which will be charged to a credit card you provide. We also offer pay-as-you services which can be used by refilling your account in a variety of ways including credit cards, PayPal, and refill cards you can purchase in retail stores.

Content Services and Content Licensing: When you buy content like games or ringtones or wallpapers, you’re agreeing to a content license agreement.

And the Rest: 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.

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).

General

These Terms of Service (“Terms”) explain the terms under which any person may use the kajeet Service (including all products and services on kajeet phones, including third party products, on the kajeet web site and those offered through kajeet Customer Care). 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 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:

  • 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.
  • By signing up for, paying for or using our 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 Service.
  • 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).

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 the 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 a kajeet phone or opening its packaging, you have agreed to these terms. 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 defined 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 the 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, location, 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.

The kajeet Parental Controls allow families to work together to manage appropriate access to all the services and features kajeet has to offer. Parental Controls offer 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 Parental Controls, you establish the following policies for using the 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 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 confidential 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 flexibly to kajeet services including voice, text messaging picture messaging, ringtone downloads, mobile web, bundles of services and more. Some kajeet products, including handset and handset accessories, may require alternative methods of payment.

The specific rates for each service are detailed at kajeet.com/rates. 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, from time to time.

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. 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 Parental Controls offers important management capabilities that can help with management of budgets, spending and service access. They can specifically help you limit access to some Services (allowing you to prevent, for example, the purchase of games or ringtones).

Here is a description of each kajeet service:

Kajeet Parental Controls – WalletManager

Kajeet WalletManager allows you to divide your money among multiple “wallets” 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.

Kajeet Parental Controls – ContactManager

Kajeet ContactManager allows you to manage the phone numbers to and from which the phone can make and receive calls and 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 Parental Controls – TimeManager

Kajeet TimeManager allows 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 or receive calls and messages to and from their children during school hours. TimeManager supports a limited number of time restrictions per kajeet phone.

Kajeet Parental Controls – FeatureManager

Kajeet FeatureManager allows you to enable and disable certain premium services, such as access to ringtone, wallpaper and game purchases and access to Mobile Web. 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 (such as the number of minutes or text messages) of use associated with that bundle for the length of time specified in the bundle offer. If you are on a monthly billing cycle, proration may apply for the initial purchase of an additional bundled service. Bundles may have expiration dates. All rates are detailed at kajeet.com/rates.

Kajeet Voice Services

Kajeet voice services include incoming and outgoing calls, both local and long distance, within the United States.

Voice usage is measured in minutes 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. Standard voice 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: Directory assistance calls have a per-call connect fee (in addition to your standard voice call rates). Please check kajeet.com/rates 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 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/rates). 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 Parental Controls.
  • 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.

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/rates.

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 pictures to/from kajeet.
  • 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.

Kajeet Mobile Web

Kajeet Mobile Web allows you to access the Internet directly from your handset. Kajeet allows free access to a select group of features and websites. We also provide access to groups of mobile websites and applications that we think are useful for kids and their parents, including Mobile IM (Instant Messaging), and customers will have ability to turn on open Internet access completely. For Mobile Web outside of the free access category, you will be charged for the amount of your data usage. The rates for Mobile Web are detailed at kajeet.com/rates. FeatureManager allows you to control these various levels of Internet access but does not control content, advertising or links provided from any website.

Kajeet Premium Text Services

kajeet premium text services may include content, gaming, entertainment and other services delivered by text message. Many premium text services are recurring subscription services, including the kajeet feeds service. 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.

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 Parental Controls. 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 provides a location-based service called GPS Phone Locator (“the GPS service”).

  • Permission to Locate a Phone: You must only attempt locates for handsets used by a person who is either under your legal supervision or who has given you consent.
  • Notifications to Phone User: You must clearly and regularly inform the user of the kajeet handset that his or her phone may be located. Kajeet may occasionally notify the kajeet handsets using the GPS service that they can be located (these notifications will not be charged).
  • Usage: The GPS service may be available as a ‘per-usage’ service that charges on a ‘per locate’ basis (The rates are detailed at kajeet.com/rates) or as a monthly subscription-based offering. Each phone must be individually subscribed to the desired level of the GPS service. If you are not subscribed to the monthly GPS service, you will be charged the ‘per-usage’ rate upon every locate. This charge will be deducted from funds available in the Kid and/or Parent Wallet.
  • Safety and Security: You must re-enter your kajeet password to perform a locate with the GPS service.
  • Emergencies: Please use the appropriate local emergency services (like 911) in emergency situations. Locations performed as part of enhanced 911 services do not require a subscription to the GPS service or funds in your wallet.
  • Lawful Use: You must use the GPS service, as well as any information you attain from this service, only for legal purposes.
  • Location Service: The GPS service will provide information regarding the general location of your kajeet handset upon your request. You may schedule a limited number of locates to occur automatically each day. You may also request a locate manually by logging in to your kajeet account online. There is no specific limit on the number of requests for location information (other than scheduled location requests) you may make. However, you may not be able to perform locates less than 5 minutes apart from each other. Also, kajeet reserves the right to suspend your service if you use the GPS service for extreme levels of personal use or commercial purposes.
  • Service Limitations: Network coverage is required in order for the kajeet GPS service to function correctly. It will not allow you to perform a successful locate when the phone is outside the kajeet network or if the phone is not turned on.
    GPS location can be accurate when the phone has the appropriate connection with GPS satellites. However, certain environmental factors (like buildings, weather or land structure) can result in the effectiveness of your phone's location information being compromised. As a result, the location information from the GPS service may not always be at the same level of accuracy (or, in some cases, may not work at all).
  • Consent to Collection of Data: By using the GPS service, you authorize kajeet to collect, store, and display geographic location and other personal information necessary to enable delivery of the GPS service.

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/rates before making purchases.

Refills

Login to your account to view options for selecting your rate plan and refilling your account. Our monthly rate plans are charged to your credit card automatically and this charge will include the cost of any additional services you opt-in to receive. You can also use our prepaid services by adding money to your kajeet account wallets in many ways:

  • Via a credit card: The amount you elect for refill will be charged to your credit card immediately and added to the wallet you choose.
  • Via PayPal: You can also use PayPal to refill your account.
  • 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

You can set up automatic refills using your credit card:

  • Automatically, each month: The amount you elect for refill will be charged to your credit card and added to your account balance each month. Configuring a kid wallet for automatic monthly refills can help you maintain a budget for phone use.
  • Automatically, when your account 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 create multiple charges to your credit card. You will be responsible for paying all of those charges by electing this option.

Your family and friends can also refill your account by going to kajeet.com/rates. Gift-givers must have your kajeet 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.

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 when you purchase refills.

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. Please also check kajeet.com/rates 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. 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. 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 Services (including voice, Text, IM, Navigator, content services, Mobile Web and network-aware and location-based applications) to any customer it believes is abusing the Service, not complying with these terms, is performing illegal or inappropriate acts using the kajeet service and/or, is abusing the service through excessive and/or commercial use.

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 fit 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 fitness 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 or by, phone (1-866-4kajeet). 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.

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 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 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 modification 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.

*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.