Terms and Conditions of Service
Spot Mobile is a cellular phone and service produced, owned, and brought to marketplace by Yak America Inc.
These Terms and Conditions of Service are a legally binding agreement between you and Yak America, Inc.
By purchasing or activating a Spot Mobile phone (“yakMobile”) or using any Spot Mobile/Yak America service ("yakService"), customer ("you") acknowledges and agrees to the following terms and conditions:
ACTIVATING AND USING YOUR yakMobile
Prior to using your phone the battery should be charged for at least 3 hours using the home charger not the car charger.
If your phone has an “ACTIVE” decal you do NOT have to follow the below steps.
- Locate your Activation Code located on the SIM card
- Call Customer Service by dialing 1-888-483-3249 from a landline
- The automated Operator will prompt you to enter your Activation Code followed by a second prompt requesting your zip code.
- You will be advised that it could take up to 15 min for the Activation to be complete.
- To obtain your telephone number simply dial 611 from you Spot Mobile phone and enter the Activation Code or simply select “settings” +“Phone Status” and My Number which will be shown on the screen.
- Start making your calls.
If your phone fails to activate properly, please call customer service at 1-866-450-2353 for assistance.
AIRTIME AND TEXT MESSAGING RATES AND ALL OTHER CHARGES
yakMobile rates, text messaging rates, and all additional charges wherever applicable, are published from time to time in various media, including but not limited to, direct mail, flyers, newspaper ads and the internet, and are subject to change at any time, or times, at the sole discretion of Yak America, and without prior notice. For the most up to date rates and charges visit our website at www.yakamerica.com.
TEXT MESSAGING
Premium SMS services, (e.g. casting a vote, expressing your opinion, playing a game, subscribing to a service, or interactive television programs) may or may not be available, may be charged at higher amounts, are not refundable, and may sometimes result in a phone not working properly or being suspended. You are at your own risk if attempting to use these services and yak America is NOT responsible.
INTERNATIONAL CALLING
You may use your yakMobile to make international calls to landlines, and some cellular phones in some countries, at a charge of the published airtime rate per minute PLUS the published international rate to the destination country. (See www.yakamerica.com for available countries and details). The available countries are subject to change without prior notice.
In general calls are only charged from the time the call is connected until the call is disconnected. However, for international calls, depending on the country called and the quality of the network and carrier being used to carry the call, charges may occur for the international L/D charges and/or airtime deductions for international calls beginning the moment the International Long Distance ("ILD") access number is dialed and may apply to dropped calls, misdialed numbers, ring no answer, and busy destination numbers. When making international calls, you may experience connection failures more frequently than calls made within the United States. Yak America will not credit airtime minutes deducted for unsuccessful calls. You will not be able to make or receive calls on your yakMobile when you are located outside of the United States, Puerto Rico or the U.S. Virgin Islands.
ADDING AIRTIME
Your yakMobile will only operate when you have airtime minutes available on the yakMobile handset. Add airtime by entering the PIN number (obtained from yakMobile Prepaid Wireless Airtime cards or from a retailer cash register receipt), by dialing 611 from your Mobile phone, from a landline through our advertised toll free number, or on our website at www.yakamerica.com. You must add your yakMobile Prepaid Wireless Airtime PIN number to your yakMobile within 90 days from the date of purchase; otherwise the card/PIN expires and you will not be able to add those minutes to your yakMobile. Yak America does not provide a refund for any unused minutes.
Airtime minutes do not have any cash value. The purchase of airtime is non-refundable. All airtime cards, airtime rate plans, and card denominations are subject to change without prior notice.
SERVICE END DATE
If you do not purchase and add airtime prior to the Service End Date, or you do not make or receive a call prior to the Service End Date, which Service End Date is a rolling 60th day from the last phone call made or received or airtime added to phone set, your yakMobile will be deactivated on the Service End Date and you will lose your phone number, even if you have minutes remaining. To prevent this from occurring, please keep your service active by both purchasing and adding airtime and using the phone before the Service End Date.
If your Service is deactivated, your yakMobile can be reactivated by purchasing a new SIM card or a new phone.
AIRTIME USAGE
Airtime minutes will be deducted for the time during which your yakMobile is connected to, or using, the wireless system of any Carrier. Use of a wireless system typically begins when you press the "send", "call" or other button to initiate or answer a call and does not end until you press the "end" button or the call is otherwise terminated. Airtime minutes are deducted for all incoming and outgoing calls, including calls to toll free numbers, 411, Customer Care ‘866’ number, and to access your voice mail. Airtime minutes are not deducted for calls to 911. For outbound calls, you may be charged airtime for incomplete and/or busy-no answer calls. Airtime minutes are deducted in full minute increments and are rounded up to the next minute. Airtime minutes will also be deducted for use of other services such as text messaging. No credit is given for dropped calls. Your phone may be used for test calls, and you will be charged for test call time, at Yak America’s discretion.
EMERGENCY CALLS
If you are in an area where your phone is searching for a wireless signal or there is no wireless signal or wireless service, it is highly probable that a call to 911 will not go through. Do not rely solely on your yakMobile in an emergency situation. In an emergency, locate the nearest landline phone and call for help.
UNAUTHORIZED USAGE
The yakMobile handset is sold exclusively for use with the yak America’s prepaid wireless Service. You agree not to tamper with or alter your yakMobile or its software, enter unauthorized PIN numbers, engage in any other unauthorized or illegal use of your yakMobile or the Service, or assist others in such acts, or to export yakMobile handsets outside of the United States. Improper, illegal or unauthorized use of your yakMobile may result in immediate discontinuance of Service. These acts violate yak America’s rights and could violate state and federal laws. Yak America will prosecute violators to the full extent of the law.
COVERAGE AREAS
yak America does not guarantee coverage, service availability or the rate charged for any particular call. Even within a coverage area, factors such as terrain, weather, structures, foliage, signal strength, traffic volumes, service outages, network changes, technical limitations, and your equipment may interfere with actual service, quality and availability. Thus, it is possible your phone will roam even in the area depicted as your home calling area. Actual coverage and service areas may vary from time to time and may change without prior notice.
ROAMING
"Roaming" occurs when a subscriber of one wireless service provider uses the facilities of another wireless service provider. Roaming most often occurs when you make and receive calls outside the home calling area. When your yakMobile is roaming, an indicator light on your handset may display the word "Roam" or "RM" on the screen while the phone is not in use. In addition, even if you are using your yakMobile in your own home calling area, roaming can occur if there is a high volume of callers in the area, if your Carrier's signal is too weak or for other reasons, or instead of having a call blocked or dropped, your yakMobile might use another carrier’s tower. Thus, roaming is based on the Carrier tower receiving and transmitting the call; not your physical location at the time the call is made. Accordingly, roaming, and charges for a roaming call, may occasionally occur even in a home calling are where you expect the call not to be a roamed call. Availability, quality of coverage, and Services while roaming are not guaranteed.
PHONE NUMBER, NUMBER PORTABILITY
You do not own your phone number. It may change or be re-assigned. If your account is de-activated, your phone number may be assigned to a different customer.
You may be able to take your current phone number to another telecommunications carrier. If we receive a request to transfer your number to a different carrier, we will consider that request notice from you to terminate your yakMobile service. You must have an active account to transfer your phone number. You will not be able to transfer any unused balance in your yakMobile account to your new service and you will not receive a refund from yak America.
DISPUTED CHARGES
If you believe your account has been improperly debited, you must contact us within 7 days of the disputed charge. We will review your claim to see if any error has been made.
LOST OR STOLEN PHONE
If your phone is lost or stolen, you are responsible for any remaining funds on the phone. Yak America does not provide refunds for any unused time in such instances.
SPAM
We do not permit sending unsolicited bulk email or text messages, known as Spam, and if we determine that your phone has been used for such purposes, Yak America will suspend and terminate the Services to your phone.
RETURNS
Return policies may vary, and may change from time to time, without prior notice. To review the most current policies, visit our site www.yakamerica.com
LIMITATIONS OF SERVICE AND USE OF EQUIPMENT
Service is subject to transmission limitations caused by certain equipment and compatibility issues, atmospheric, topographical and other conditions. Further, Service may be temporarily refused, limited, interrupted or curtailed due to system capacity limitations, technology migration or limitations imposed by the Carrier, or because of equipment modifications, upgrades, repairs or relocations or other similar activities necessary or proper for the operation or improvement of the Carrier's radio telephone system. At any time, Yak America reserves the right to substitute and/or replace any equipment (including handsets) with other equipment including handsets of comparable quality. Some functions and features referenced in the Manufacturer’s manual provided with your yakMobile handset may not be available on your yakMobile. Yak America does not warrant or guarantee availability of the network or of any Services at any specific time or geographic location or that the Services will be provided without interruption. Neither Yak America, nor any Carrier, shall have any liability for Service failures, outages or limitations of Service. Because of the risk of being struck by lightning, you should not use your yakMobile outside during a lightning storm. You should also unplug the yakMobile power cord and charger to avoid electrical shock and/or fire during a lightning storm.
WARRANTY
A new handset is covered by the handset manufacturer's one year limited warranty. A reconditioned yakMobile handset also has a one year warranty provided by Yak America, and all yakMobile accessories have a 90-day warranty against defects in materials and workmanship under normal use by the purchaser. You may obtain warranty service directly from Yak America.
How to obtain Warranty Service. To obtain warranty service on a new or reconditioned phone or accessories, please contact our customer service number 1-866-450-2401. If your problem cannot be remedied over the phone, our technicians will provide you with a Return Authorization Number, which you will use to send your phone or accessories to our designated service center for repair or replacement, at our option.
Exclusions and Conditions. This limited warranty does not cover damage or failure caused by abuse or misuse of the phone or accessories. Yak America does not provide refunds.
All applicable implied warranties, including the implied warranties of merchantability and fitness for a particular purpose, are limited to the duration of this limited warranty, unless otherwise provided by law. Your limited warranty excludes all incidental or consequential damages, unless otherwise provided by law.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
yakMobile DATA SERVICES
With certain phone models, you can download ring tones, graphics, access information services such as news, weather and sports ("Information Services") and utilize multi-media services ("MMS") (e.g. ring-tones, graphics). Information Services and MMS are collectively referred to as "Data Services". Data Services, where applicable and when offered by Yak are additional Services, and there is an additional charge or debit of minutes for use of such services. This may include, but is not limited to, access charges, content charges, or subscription charges and you hereby agree to all charges associated with these Data Services. Data Services are non-transferable, and all Data Service charges are non-refundable.
Modifications, Interruptions, or Discontinuation of Data Service. Yak America does not guarantee the availability of Data Services at any time and reserves the right to modify, suspend, interrupt, discontinue or permanently cancel Data Services, or portions thereof, without notice. Data Services are not available in analog service areas. Yak America is not responsible and will not be liable for any modifications, interruptions or discontinuation of the Data Services or any loss of data for any reason for any failure in receipt of the purchased Data Services. If the Data Services, or any part thereof, for which you subscribe, are modified, interrupted, discontinued or canceled, Yak America will NOT refund/reimburse you for any remaining used or unused subscription time. If you cancel, or attempt to cancel a Data Service download, a subscription purchase or a multi-media message in progress, or if this process is otherwise interrupted through no action on your part, you may nevertheless be charged for the access time, or any other associated charges.
Non-Rated Content. Yak America strives to present and offer only generally acceptable content. However, it is impossible to proof all content, titles and news articles for appropriate content. Yak America content is NOT rated and you are solely responsible for the use of such material, which may be offensive or objectionable to you or to others. You agree not to hold Yak America liable for any offensive or objectionable content.
LIMITATION OF LIABILITY
Yak America, and/or its Carrier’s and Associates, will NOT be liable to you for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether it has been notified such loss may occur) by reason of any act or omission in its provision of equipment and Services. Yak America will not be liable for any act or omission of any other company furnishing a part of our Services or any equipment or for any damages that result from any Service or equipment provided by or manufactured by third parties.
INDEMINIFICATION
You agree to indemnify and hold harmless Yak America 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 a yakMobile and yak Service, whether based in contract or tort (including strict liability) and regardless of the form of action.
BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS (INCLUDING ONES THAT ALREADY ARE THE SUBJECT OF LITIGATION) THROUGH ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF Yak America WIRELESS' AGREEMENT WITH YOU.
This provision is intended to encompass all disputes or claims arising out of your relationship with Yak America, arising out of or relating to the Service or any equipment used in connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory). References to you and Yak America include our respective subsidiaries, affiliates, predecessors in interest, successors, and assigns. All claims will be resolved by binding arbitration where permitted by law. You must first present any claim or dispute to Yak America by contacting Customer Care to allow an opportunity to resolve the dispute prior to initiating arbitration. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") under the Wireless Industry Arbitration Rules ("WIA Rules"), as modified by this agreement. You and Yak America agree that use of the Service evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this agreement. You and yak America agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide or representative basis. Further, you agree that the arbitrator may not consolidate proceedings or more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific provision is found to be unenforceable, then this entire arbitration clause shall be null and void. All fees and expenses of arbitration will be divided between you and Yak America in accordance with the WIA Rules, and each party will bear the expenses of its own counsel, experts, witnesses, and preparation and presentation of evidence. If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, you waive to the fullest extent permitted by law, (i) any right to pursue any claims on a class or consolidated basis or in a representative capacity, (ii) the right to a trial by jury and (iii) any claims for punitive or exemplary damages. Unless Yak America and you agree otherwise, the location of any arbitration shall be Miami, Florida. Except where prohibited by law, Yak America and you agree that no arbitrator has the authority to award punitive damages or any other damages not measured by the prevailing party's actual damages. You shall not disclose the existence, contents, or results of any arbitration. Judgment on the award rendered may be entered into any court having jurisdiction thereof.
PRIVACY POLICY
To view the Yak America Privacy Policy please refer to our website www.yakamerica.com.