Service Plan, Equipment and Payment Terms

Last updated on 3/1/2017

THESE SERVICE PLAN, EQUIPMENT, AND PAYMENT TERMS WHICH ARE MADE AVAILABLE BY STS MEDIA, INC. D/B/A FREEDOMPOP ("FREEDOMPOP") FORM AN INTEGRAL PART OF THE FREEDOMPOP TERMS OF SERVICE (TOGETHER WITH ANY OTHER TERMS AND CONDITIONS, RULES OR POLICIES APPLICABLE TO THE USE OF THE SITE AND SERVICES, THE "Terms") THAT GOVERN YOUR USE OF THE SITE AND SERVICES (EACH AS DEFINED IN THE TERMS). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES MADE AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE AND SERVICES SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY ALL OF THE TERMS AND CONDITIONS APPLICABLE TO YOUR USE OF THE SITE AND SERVICES. FREEDOMPOP MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME. FREEDOMPOP CAN CHANGE, MODIFY OR ADD OR REMOVE PROVISIONS OF THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS ON THIS SITE AND/OR BY PROVIDING YOU WITH NOTICE OF SUCH CHANGES BY EMAIL USING THE EMAIL ADDRESS THAT YOU HAVE PROVIDED TO US. IF ANY CHANGE, MODIFICATION, ADDITIONAL PROVISION OR REMOVAL OF A PROVISION IS UNACCEPTABLE TO YOU, YOU MUST STOP USING THIS SITE AND THE SERVICES. IF INSTEAD, YOU CONTINUE TO USE THIS SITE OR THE SERVICES, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE. CAPITALIZED TERMS USED BUT NOT DEFINED BELOW, SHALL HAVE THE MEANING SET FORTH ELSEWHERE IN THE TERMS.

FreedomPop Broadband Service Monthly Plans

FreedomPop offers a variety of monthly plans (each a "Monthly Broadband Plan") for its Broadband service (the "Broadband Service") consisting of: (a) a free Monthly Broadband Plan providing a broadband data allocation of 500mb each month at no cost to you ("Free Monthly Broadband Plan"); and (b) paid Monthly Broadband Plans providing specified capacity limits of broadband data each month (each a "Paid Monthly Broadband Plan"). All subscribers of FreedomPop's Broadband Service must choose a plan to activate the Broadband Service. The broadband data allocation included in each Monthly Broadband Plan does not roll over from month to month and will be lost if not used within that month.

Paid Monthly Broadband Plans are set up as recurring charges. Your subscription will continue to recur until you terminate your Broadband Service by calling FreedomPop at (888) 743-8107.

FreedomPop Phone Service Monthly Plans

FreedomPop offers a variety of monthly plans (each a "Monthly Phone Plan") for its U.S. voice and text messaging service (the "Phone Service") consisting of: (a) a free Monthly Phone Plan providing a voice allocation of 200 minutes to landline and mobile phones in the United States, excluding Puerto Rico and other U.S. territories, each month and a text messaging allocation of 500 text messages each month at no cost to you ("Free Monthly Phone Plan"); and (b) paid Monthly Phone Plans providing specified limits of voice minutes and text messages to landline and mobile phones in the United States, excluding Puerto Rico and other U.S. territories, each month (each a "Paid Monthly Phone Plan"). All subscribers of FreedomPop's Phone Service must choose a plan to activate the Phone Service. The minutes and text messages included in each Monthly Phone Plan do not roll over from month to month and will be lost if not used within that month.

Paid Monthly Phone Plans are set up as recurring charges. Your subscription will continue to recur until you terminate your Phone Service by using the Support feature on our Site, or by calling FreedomPop at (888) 743-8107.

Types of Paid Monthly Broadband Plans and Paid Monthly Phone Plans

Month-to-Month Plans. If you purchase a month-to-month plan, you will be able to use the Broadband Service or Phone Service, as the case may be, as described in your order confirmation or purchase receipt. For example, if you purchase a month-to-month subscription to the Broadband Service or the Phone Service and your billing cycle begins on the eighth day of the month, you will be charged on the eighth day of the following month and each month thereafter, and your subscription for Broadband Service or Phone Service, as the case may be, will continue for consecutive monthly periods until you terminate your Service by calling FreedomPop at (888) 743-8107.

Extended Term Plan. In order to receive more favorable pricing, some of the Paid Monthly Broadband Plans and Paid Monthly Phone Plans that we offer require you to pay in advance for Service with FreedomPop for a minimum subscription period of three months, six months, twelve months or twenty-four months (the "Term Commitment"). After you have satisfied the Term Commitment for the Broadband Service or Phone Service, as the case may be, your subscription will be automatically renewed for the same Term Commitment at our then-current rates for your Monthly Plan (with the same data, voice, and/or text messaging allocation you had chosen for the Term Commitment), until you cancel your subscription to the Broadband Service or Phone Service, as the case may be, by calling FreedomPop at (888) 743-8107. If you cancel your subscription to the Broadband Service or Phone Service, as the case may be, before the end of the Term Commitment, you may continue to use the Broadband Service or Phone Service, as the case may be, until the end of your then current Term Commitment, but you will not receive a refund for the remainder of your then current Term Commitment.

Extended Term Loyalty Plan. In order to receive more favorable pricing for both Equipment and Broadband Service or Phone Service, as the case may be, some of the Monthly Plans that we offer require a Term Commitment of three months, six months, twelve months or twenty-four months. During your Term Commitment you may upgrade your Paid Monthly Broadband Plan or Paid Monthly Phone Plan, as the case may be, but you may not downgrade or cancel your Monthly Plan.

If you downgrade or terminate your Paid Monthly Broadband Plan prior to the end of your Term Commitment or we terminate your Paid Monthly Broadband Plan as a result of your breach of our Terms, including without limitation your use of the Site or Services in any manner not permitted by these Terms or your failure to make a payment when due, you will be charged ninety-nine dollars and ninety-nine cents ($99.99) for hotspot devices or forty-nine dollars and ninety nine cents ($49.99) for USB modem devices plus applicable taxes for the Equipment.

If you terminate your Paid Monthly Phone Plan prior to the end of your Term Commitment or we terminate your Paid Monthly Phone Plan as a result of your breach of our Terms, including without limitation your use of the Site or Services in any manner not permitted by these Terms or your failure to make a payment when due, you will be charged one hundred forty-nine dollars and ninety-nine cents ($149.99) plus applicable taxes for the Equipment.

After you have satisfied the Term Commitment for the Broadband Service or Phone Service, as the case may be, you may cancel, downgrade or upgrade your Monthly Plan at anytime. If you do not cancel your Paid Monthly Plan, your Paid Monthly Plan will be automatically renewed at our then-current rates for your Paid Monthly Broadband Plan (with the same data allocation you chose for the Term Commitment) or Paid Monthly Phone Plan (with the same voice minute and text messaging allocation you chose for the Term Commitment), as the case may be, until you downgrade or cancel your Monthly Plan, by calling FreedomPop at (888) 743-8107.

Value Added Service and Other Service Plans. FreedomPop offers Value Added Services and Other Services for a monthly or other periodic (e.g., three-month or annual) subscription fee. Unless otherwise expressly specified by FreedomPop for a particular service, all Value Added Services and Other Services are set up as recurring charges. Your subscriptions will continue to recur until you cancel your Monthly Plan (or other periodic) subscription by calling FreedomPop at (888) 743-8107. All references to ‘month' or ‘monthly' in these payment terms shall be deemed to relate to any other periodic subscription term (e.g., three-month or annual) as relevant.

Payment for Monthly Plans and Trials

Please also see our FreedomPop Payment Terms section below for additional payment terms.

Your monthly payment date is based on the day of the month that you activate your Monthly Plan or trial plan ("Trial Plan"). Payment is due on your monthly payment date. For example, if you purchase a month-to-month subscription or trial subscription and your billing cycle begins on the eighth day of the month, you will be charged on the eighth day of the following month, and each month thereafter, until you cancel your subscription. Payments are made by automatically charging your registered payment method for the total Monthly Plan or Trial Plan amount.

If your registered payment method is declined by your payment provider, we will retry charging your registered payment method every six (6) days, up to five (5) times, after the charge is initially declined unless you have paid the charge in full before the day on which we next retry charging your registered payment method. During this time (if the non-payment relates to the Broadband Service), your Broadband Service (and any Value Added Services you have purchased) may be interrupted and your Broadband Service may be deemed inactive, as further described below. If your Broadband Service or Value Added Services are suspended, you will not be able to use such services, regardless in the case of the Broadband Service, of the data usage balance in your FreedomPop Account.

FreedomPop retains the right to bill, including, without limitation, amend or correct any bill previously issued, for any Services provided to you pursuant to these Terms of Service, for a period of up to six (6) months, commencing from the date of the provision of the Services to you. FreedomPop will retain such billing rights for such six (6) month period notwithstanding any prior billing to you for the same period(s) and regardless of any otherwise conflicting billing conditions in these Terms of Service. For the duration of such six (6) month period, FreedomPop will not be deemed to have waived any rights with regard to billing for the Services provided pursuant to these Terms of Service during such period, nor will any legal or equitable doctrines apply.

Monthly Plans

You may upgrade your Broadband Service or Phone Service, as the case may be, to any higher level Monthly Plan option at any point during your plan month. When added during your existing plan month, you will be charged a pro-rated amount of the upgraded Monthly Plan, and will be given the combined data (remaining data on the existing Monthly Plan and data on the new upgraded Monthly Plan) or voice minutes and text messages (remaining voice minutes and text messages on the existing Monthly Plan and voice minutes and text messages on the new upgraded Monthly Plan), as the case may be, for the remainder of your existing Monthly Plan cycle for the Broadband or Phone Service month in which you upgrade. When downgrading to the free plan, an account balance is required to protect ourselves from fraud and leakage, as data usage can be delayed up to 3 hours.

Pay as You Go

All FreedomPop Service subscribers are provided with a specified broadband data allocation or voice minute and text message allocation each month in accordance with the Monthly Plan they have selected. Broadband Service subscribers (including subscribers to the Free Monthly Broadband Plan) can use additional broadband data beyond their applicable Monthly Plan capacity limits and are charged for additional usage based on the rates set by their subscribed Monthly Plan; you will be notified of the applicable additional usage rates before you complete the transaction to subscribe to the Broadband Service. Additional data charges are deducted from your FreedomPop Account. At the end of each broadband session we will calculate your broadband data usage rounded up to the nearest 0.1 megabyte. For example, if your actual data usage is 1.32 megabytes, you will be charged for 1.4 megabytes of data usage. We will deduct the total charge from your FreedomPop Account balance at the end of each session. Phone Service subscribers may not use additional voice minutes or text messages after their Monthly Plan capacity limits have been met for the month.

Automatic Top-Ups for Broadband Service

FreedomPop uses an "Automatic Top-Up" feature to ensure you are never left without broadband access when you exceed your subscribed Monthly Plan limits. The default top-up amount is $15.00. We may allow you to select a greater top-up dollar amount by using the "My Account" feature on our Site (or other feature that we may make available). In any billing month that your usage is within 100mb of your Monthly Plan broadband data allotment limit, your FreedomPop Account will be charged the automatic top-up amount using the registered payment method associated with your FreedomPop Account. As your broadband data use exceeds the broadband data allotment of your Monthly Plan, an amount equal to your total additional usage multiplied by the additional cost per megabyte as defined by your Monthly Plan, will be deducted from your FreedomPop Account balance. When your FreedomPop Account balance falls below $2.00, your registered payment method will be charged the applicable Automatic Top-Up amount as described above. This payment will occur each time your FreedomPop Account balance falls below $2.00 to prevent an interruption in the Broadband Service we provide you. If your registered payment method is declined, we will retry charging it every two (2) days up to four (4) times, after the charge is initially declined unless you have paid the charge in full before the day on which we next retry the charge. If the balance in your FreedomPop Account runs out and you have not provided us with a new functioning payment method, your access to the Broadband Service, Value Added Services, and Other Services will be interrupted and your Broadband Service may be deemed inactive, as further described below. If you do not use your FreedomPop Account for a period of 30 days, FreedomPop may place your FreedomPop Account on inactive status. You can reactivate your FreedomPop Account by following the reactivation link at https://freedompop.com/billing_overview.htm. Any balance remaining in a FreedomPop Account on inactive status is not refundable.

Active and Suspended Broadband and Phone Service

If you choose a Paid Monthly Broadband Plan or a Paid Monthly Phone Plan, your Broadband Service or Phone Service, as the case may be, will remain active every month in which you timely pay all applicable fees for your use of the Broadband Service or Phone Service, as the case may be, Value Added Services, and Other Services. Your Broadband Service or Phone Service, as the case may be, will be suspended if you fail to pay any fees for the Broadband Service or Phone Service, as the case may be, Value Added Services, or Other Services when due. While your Broadband Service or Phone Service, as the case may be, is suspended, you will have no access to the Broadband Service or Phone Service, as the case may be, or any Value Added Services or Other Services you have purchased until you pay all outstanding fees due on your account. FreedomPop reserves the right to cancel your access to the Site and the affected Services and terminate these Terms at anytime.

If you choose the Free Monthly Broadband Plan, your Broadband Service will remain active every month in which you timely pay all applicable fees for your use of the Broadband Service in excess of your free data allocation, and all fees for any Value Added Services and Other Services, if applicable. Your free Broadband Service will be suspended if you fail to pay any fees for the Broadband Service, Value Added Services, or Other Services when due. While your Broadband Service is suspended, you will have no access to the Broadband Service or any Value Added Services or Other Services you have purchased until you pay all outstanding fees due on account. FreedomPop reserves the right to cancel your access to the Site and the affected Services and terminate these Terms at anytime.

If you choose the Free Monthly Phone Plan, your Phone Service will remain active every month in which you timely pay all fees for any Value Added Services and Other Services, if applicable. Your Phone Service will be suspended if you fail to pay any fees for Value Added Services or Other Services when due. While your Phone Service is suspended, you will have no access to the Phone Service or any Value Added Services or Other Services you have purchased until you pay all outstanding fees due on your FreedomPop Account. FreedomPop reserves the right to cancel your access to the Phone Service and the affected Services and terminate these Terms at anytime.

Notwithstanding anything else in these Terms to the contrary, if you choose the Free Monthly Broadband Plan and use less then 5mb in any given month, we will charge you a $0.99 active status fee (the "Active Status Fee") to keep your account active, however, this Active Status Fee will not be applied to new accounts as of July 1, 2012. For your convenience, we will automatically deduct the Active Status Fee from your FreedomPop Account balance in each month your Broadband Service usage is under 5mb to ensure no disruption of the Broadband Service, Value Added Services, and Other Services. If funds are not available in your FreedomPop Account, we will initiate an Automated Top-Up on your behalf of $15.00 to cover funds for the Active Status Fee. If we are unable to fund your FreedomPop Account, you will have 30 days to pay the Active Status Fee for your Broadband Service before we reserve the right to cancel your Broadband Service, Value Added Services, and Other Services; upon such cancelation, any remaining balance in your FreedomPop Account will be forfeited and you will be required to reactivate Broadband Service, Value Added Services, and Other Services per below.

Notwithstanding anything else in these Terms to the contrary, if you choose the Free Monthly Broadband Plan or the Free Monthly Phone Plan and (a) do not make a payment for excess usage, Value Added Services, or Other Services in any particular month and (b) use less than 5mb or make fewer then five (5) calls in any given month, FreedomPop reserves the right to charge you a $0.01 maintenance fee ("Maintenance Fee") to keep your FreedomPop Account active. For your convenience, FreedomPop reserves the right to automatically charge the Maintenance Fee to your valid payment method on file each month the Maintenance Fee is applicable to ensure no disruption of the Broadband Service, Phone Service, Value Added Services, and Other Services. If we are unable to charge your valid payment method on file, you will have 30 days to pay the Maintenance Fee before we reserve the right to cancel your Broadband Service or Phone Service, as the case may be, Value Added Services, and Other Services; upon such cancelation, any remaining balance in your FreedomPop Account will be forfeited and you will be required to reactivate Broadband Service or Phone Service, as the case may be, Value Added Services, and Other Services per below.

Reactivate Service

If your Service is canceled for any reason, you can reactivate your Service by making payment for all outstanding fees due and a reactivation payment of $19.99 (the "Reactivation Fee"). Following payment of all outstanding fees due and the Reactivation Fee, your Broadband Service or Phone Service, as the case may be, Value Added Services, and Other Services will become active.

FreedomFriends and Special Offers

FreedomFriends

You may earn additional broadband capacity each month by connecting with your friends on the FreedomPop broadband network using the ‘Friend Finder' feature on the Site. You will earn 10mb of additional broadband capacity per month for each of your friends who is an active subscriber (in good standing) to the Broadband Service (as determined by FreedomPop) on your monthly billing date, up to a cap of 500mb per month.

Special Offers

You may also earn additional broadband capacity, voice minutes, or text messages by performing specified actions with our third party advertisers (e.g., completing a questionnaire or purchasing a product or service). For each third party offer, you will be informed of the action that you need to take and the amount of additional broadband capacity, voice minutes, or text messages that you will earn if you successfully complete the required action (as determined by the advertiser making the offer). Please note that in responding to such advertisements you may be transferred to third party websites and you may be required to agree to additional terms and conditions in order to participate in such third party offers (e.g., the third party platform that hosts such advertisements, and the advertiser, may require you to agree to their terms and conditions and privacy policies). Please carefully review the provisions in our Terms of Service under the title "Links to Third Party Sites" which address links to third party web sites. We are not responsible in any way, for the websites, activities, products, services or other acts or omissions of the third party platform providers or advertisers.

FreedomPop Payment Terms

We currently accept the following payment methods: Visa, MasterCard, American Express, and Discover.

We reserve the right to change our fees or other charges at any time by updating these Terms and/or by notifying you on the Site or via email, but we will not impose any fee increases retroactively. You agree to pay all applicable fees or charges to your FreedomPop Account based on FreedomPop's fees, charges and billing terms in effect when you purchase the Services, as such fees and payment terms may be updated as set forth in these Terms.

If you do not pay on time or if FreedomPop cannot charge your registered payment method for any reason, FreedomPop reserves the right to either suspend or cancel your access to the Site and the affected Services and terminate these Terms, provided, however, charges will continue to accrue until your FreedomPop Account is canceled. If your registered payment method is declined, the relevant Services will be suspended and you will no longer be able to use such Services until you unsuspend your Services by paying all outstanding fees due and any associated unsuspention fees (unless your Services have already been terminated due to such non-payment as described above). You expressly agree that FreedomPop is permitted to bill you for the applicable fees, applicable taxes and any other charges you may incur in connection with your use of the Site and Services and the fees will be billed to your registered payment method associated with your FreedomPop Account, and thereafter at regular intervals as described in these Terms until you or we cancel your Services as set forth herein.

If you cancel your FreedomPop Account or a Service at any time, you will not receive any refund. If you have an unpaid balance due on your FreedomPop Account upon cancelation, you agree that FreedomPop may charge any such unpaid fees to your registered payment method or otherwise bill you for such unpaid amounts.

All amounts are payable in US dollars only. You may not transfer your purchases to a third party.

All payments made by you to FreedomPop are final and are non-refundable, except: (a) if these Terms or applicable law expressly provide otherwise; or (b) FreedomPop in its sole discretion, decides to provide you with a refund even though we are not legally required to do so.

FreedomPop may use various means to recover monies due. If FreedomPop retains a collection agency or takes legal action to collect monies due on your FreedomPop Account, you agree to pay all costs and expenses of collection incurred by FreedomPop, which may include reasonable attorney's fees and collection agency fees which may be based on a percentage of the amount owed, up to a maximum of 25%, where permitted by applicable law.

Pricing Corrections

In the event a Service is listed at an incorrect price or with incorrect information, FreedomPop shall have the right to refuse or cancel any orders placed for that Service whether or not they have been confirmed and your payment has been accepted, although FreedomPop will refund any incorrect amounts paid by you if you have not already used the affected Service.

Taxes & Surcharges

Stated prices for the Services do not include applicable sales taxes, surcharges, fees or other government or regulatory charges, which may include without limitation, mandatory surcharges for federal and state Universal Service Fund contributions, state and local 911 fees, and cost recovery surcharges. We charge applicable federal, state and local sales taxes, surcharges, fees and other government charges on all purchases made through our Site. The amount of these taxes and other surcharges is subject to change and may vary from time-to-time and by geographic area. We may also become subject to additional regulatory requirements in the future which may require us to charge other additional amounts. All applicable taxes, surcharges and other amounts billed to you will be viewable through the My Account feature (or other feature made available to you) on the Site.

Disputed Charges

If you think that there has been an error in any charge associated with your FreedomPop Account, you must notify us within 30 days after the date on which the disputed amount has been charged to the your registered payment method. You must submit your payment dispute notification through our online support feature and one of our advisors will investigate your claim. If you do not notify us within 30 days, and unless otherwise provided by applicable law, you hereby waive any right to dispute the charge in the future, including in arbitration or a court proceeding. If we determine in our sole discretion that the disputed charge was incorrectly charged and was raised by you in a timely manner, we will credit or refund the amount to you. If we credit or refund the disputed charge, you hereby agree that to the fullest extent permitted by applicable law, the dispute is fully and finally resolved and not subject to further proceedings.

Credit Card Chargebacks

If we have charged your registered payment method for a charge that we deem is authorized and valid under these Terms, and your credit card company or other payment provider subsequently withholds or revokes such payment to us because the charge has been disputed by you (a "Chargeback"), we reserve the right to suspend your access to the affected Services until the Chargeback is reversed or in the case of a billing dispute, the billing dispute is resolved as set forth in these Terms. Additionally, there is a $50 fee for any illegitimate chargebacks placed against FreedomPop.

Third Party Fees

We are not liable for any fees or charges for products or services provided by third parties through, or for use on, your mobile device, phones, computers or other equipment. If an unauthorized or disputed charge for a third party product or service appears in your credit card or other billing or financial statement or invoice, you must contact that third party directly to resolve the billing issue.

Pre-Ordering of Equipment

As explained elsewhere in these Terms, you will need to obtain Equipment in order to use the Broadband Service, Phone Service, and Value Added Services. From time-to-time, FreedomPop may allow you to pre-order a limited quantity of Equipment that is not yet available for shipping. In this case, FreedomPop will charge your registered payment method for the Equipment when you place your pre-order. FreedomPop will send you an email confirming your pre-order (which is also your receipt for this purchase). When the Equipment is ready for shipping, FreedomPop will email you a tracking number. Once your Equipment has shipped, FreedomPop will add its Free Monthly Broadband Plan or Free Monthly Phone Plan, as the case may be, to your FreedomPop Account. You can change your Monthly Plan at any time as specified in these Terms. In the event that you decide not to wait for your pre-ordered Equipment to ship, you can submit an order cancelation and refund request to support@freedompop.com or by calling FreedomPop at (888) 743-8107. However, you may not cancel your order once the Equipment has shipped.

Leased Equipment with Deposit

From time-to-time, FreedomPop may permit you to lease Equipment from FreedomPop instead of purchasing it. In such case, we may require you to pay a deposit when you place your order for leased Equipment. If we collect a deposit from you and you terminate your subscription to the Broadband Service or Phone Service, as the case may be (or we terminate your subscription other than for your breach of these Terms), we will refund the deposit (less any amounts that you owe to us) to your registered payment method within 90 days after the date on which you return the Equipment to us, on condition that: (a) FreedomPop is still actively providing the same Equipment to users of the Broadband Service or Phone Service, as the case may be; (b) you (or we) terminate your subscription to the Broadband Service or Phone Service , as the case may be, within one (1) year of the start date of your subscription; and (c) you return all Equipment to us (at your expense) within 30 days of the date on which either: (i) you notify us that you wish to terminate your subscription to the Broadband Service or Phone Service, as the case may be; or (ii) we notify you that we are terminating your subscription to the Broadband Service or Phone Service, as the case may be. For the avoidance of doubt, if we terminate your subscription to the Broadband Service or Phone Service, as the case may be, as a result of your breach of these Terms, including without limitation, your use of the Site or Services in a manner not permitted by these Terms, in which case you will, to the extent permitted by applicable law, be deemed to have forfeited your deposit. When returning your Equipment and as a condition of receiving any deposit refund to which you are entitled, you must follow the Equipment Return Procedures below.

To the extent you are entitled to a refund of your deposit, we will deduct from your deposit refund all amounts owed and unpaid for any Services and for any Equipment you return that is damaged due to neglect, misuse, liquid damage or non-standard wear and tear. You will not receive a refund of your deposit if you do not meet all the refund conditions specified in the previous paragraph. Shipping and handling charges are not refundable. Restocking fees may apply. Any amounts withheld by us from your deposit become the property of FreedomPop to use as it wishes. If applicable law requires us to handle deposits, or any other matter relating to Equipment, differently than described in these Terms, we will adjust our procedures accordingly to ensure that we comply with applicable law.

FreedomPop expressly retains all ownership and title of leased Equipment at all times; however, you are solely responsible for protecting the leased Equipment from damage and misuse while in your possession.

Leased Equipment without Deposit

If you were not required to pay a deposit or any other amount when you placed your order for leased Equipment ("Free Lease Option") and you terminate your subscription to the Broadband Service or Phone Service, as the case may be, within 90 days of activation (or we terminate your subscription other than for your breach of these Terms), you must return the leased Equipment in a useable condition to FreedomPop at your own expense within thirty (30) days of termination of the Broadband Service or Phone Service as the case may be. If you do not return the leased Equipment in a useable condition within thirty (30) days of termination of the Broadband Service, you will be charged forty-nine dollars and ninety nine cents ($49.99) plus applicable taxes for the leased Equipment. If you do not return the leased Equipment in a useable condition within thirty (30) days of termination of the Phone Service, you will be charged one hundred forty-nine dollars and ninety-nine cents ($149.99) plus applicable taxes for the leased Equipment. If you opt to keep the leased Equipment instead of returning it to FreedomPop, you may do so only if you pay forty-nine dollars and ninety-nine cents ($49.99) plus applicable taxes for the leased Equipment to FreedomPop within thirty (30) days of termination of the Broadband Service or one hundred forty-nine dollars and ninety nine cents ($149.99) plus applicable taxes for the leased Equipment to FreedomPop within thirty (30) days of termination of the Phone Service, as the case may be. For the avoidance of doubt, if you received a Free Lease Option and we terminate your subscription to the Broadband Service as a result of your breach of these Terms, including without limitation, your use of the Site or Services in a manner not permitted by these Terms, in which case you will, to the extent permitted by applicable law, be automatically charged forty-nine dollars and ninety-nine cents ($49.99) plus applicable taxes for the leased Equipment and if we terminate your subscription to the Phone Service as a result of your breach of these Terms, including without limitation, your use of the Site or Services in a manner not permitted by these Terms, in which case you will, to the extent permitted by applicable law, be automatically charged one hundred forty-nine dollars and ninety-nine cents ($149.99) plus applicable taxes for the leased Equipment.

30-Day Equipment Return Policy

If within the first 30 days after receiving your Equipment that you have purchased from FreedomPop, you are not fully satisfied with the Broadband Service or Phone Service, as the case may be, for any reason, you may return the Equipment and the original carton contents that we provided to you, to us for a full refund of the amount you paid for the Equipment. You must follow the Equipment Return Procedures specified below. Once we receive the Equipment, we will issue a refund of the amount you paid for the Equipment. We will deduct from your refund, or refuse a refund, to the extent you have not paid for Services you ordered or you return Equipment that is damaged due to neglect, misuse, liquid damage or non-standard wear and tear, or you have otherwise violated these Terms. Shipping and handling charges are not refundable. Restocking fees may apply.

Defective Equipment

We will exchange any Equipment that you purchase from FreedomPop which has a manufacturer's defect if you return the defective Equipment to us within ninety (90) days of the date we ship the Equipment to you and you otherwise meet and follow the requirements specified below.

If you're having a problem with your Equipment, please contact us using our online Support feature. We will try to resolve the issue with you. If we cannot resolve the issue and the issue is caused by a manufacturing defect in the Equipment, we'll send you a replacement (a similar unit or one of comparable quality) at no cost to you. We may ask you to return the Equipment to us in which case you must follow the Equipment Return Procedures below). If we determine in our sole discretion, that the returned Equipment is not defective, we will not exchange the Equipment and your original Equipment will be returned to you at your expense. Before contacting FreedomPop Support, please test the Equipment on two computers or mobile devices to verify whether it is an Equipment problem and not a computer/mobile device problem.

Equipment Return Procedures

If you are eligible to return Equipment, please submit an Equipment return request using our online Support feature, specify the reason for the return, and include the model and MAC number, MEID or IMEI and we will issue a Return Material Authorization ("RMA") number to accompany your authorized return, which will also tell you where to ship the Equipment. We cannot accept any return, without a RMA number. Please pack the Equipment in its original packaging with the original carton contents that we provided to you; and include a copy or your FreedomPop purchase receipt or other proof of purchase. All Equipment must be in like-new condition (reasonable wear and tear excepted) and include all accessories included in original Equipment package. Refunds, deposit returns and exchanges will only be issued to the purchaser whose name appears on the purchase receipt. Please retain a copy of your purchase receipt for your records. Equipment subjected to neglect, misuse, liquid damage or non-standard wear and tear, is not eligible for our return or exchange programs. Shipping and handling charges are not refundable. Restocking fees may apply. To the fullest extent permitted by applicable law, you are responsible for paying all shipping, insurance and any other costs in connection with your return of Equipment for any reason. FreedomPop reserves the right to refuse delivery of any Equipment if you have not paid such costs FreedomPop may accept delivery and bill you for such costs.

Please note that returning your Equipment does not automatically terminate your subscriptions to the Broadband Service, Phone Service, or other Services. In order to cancel your Services subscriptions, please call FreedomPop at (888) 743-8107.

If you purchased your Equipment from another retailer or website, the retailer's or website's return policy applies to your device; please do not return it to us.