EFFECTIVE DATE JULY 3, 2023
LAST UPDATED JULY 3, 2023
Helium Mobile products and services ("Services") are provided by Nova Labs, Inc., doing business as Helium Mobile (“Nova Labs”, “Helium Mobile”, “we”, “us”, “our”). Helium Mobile reserves the right to periodically review usage levels, including voice and data usage, of Helium Mobile Service plans (“Helium Mobile Service” or “Services”) to ensure that you are not using the Service in a manner that we consider, in our sole discretion, to be in violation of this Acceptable Use Policy (“Policy”), and if such an abuse or violation is discovered to terminate or adjust the plan as appropriate. In addition, data speeds may be slowed and/or deprioritized for subscribers who we determine (in our sole discretion) have violated this Policy.
You agree to use the voice portion of your Helium Mobile Service for traditional voice calls between two individuals of a duration comparable to that of the average individual customer presently utilizing a Helium Mobile Service and will not employ methods, devices or procedures to take advantage of your Helium Mobile Service by using the plan excessively or for means not intended by Helium Mobile. Excessive use of the voice portion of your Service is defined by Helium Mobile as use that materially exceeds the average call volume or duration used by all other Helium Mobile customers that have purchased the Service. You further agree to use the data portion of your Service for traditional Web browsing, messaging, and similar activities on the device, and will not employ methods, devices or procedures to take advantage of the Service by using the plan excessively or for means not intended by Helium Mobile, in violation of any of the prohibitions above or below. Helium Mobile may terminate your Service or change your Service if, in its sole discretion, Helium Mobile determines that your use of the Service violates any of these prohibitions or is otherwise “unreasonable” or results in abuse of the Service.
You agree to comply with this Policy as a condition to your use of Helium Mobile Services. If you do not agree to comply with this Policy, your recourse is to stop using the Helium Mobile Services and terminate your services. This Policy is in addition to any other applicable use terms contained in the Helium Mobile Terms and Conditions.
Prohibited Activities
You agree to use the Helium Mobile Service for lawful, proper and appropriate purposes. Helium Mobile prohibits use of any of the Helium Mobile Services to engage in unreasonable, improper, illegal, fraudulent, threatening or abusive activities.
The following is a non-exhaustive list of examples of what Helium Mobile, in its sole discretion, considers to be unreasonable, abusive, or otherwise illegal, improper or inappropriate and subject to termination or adjustment.
Use of auto-dialers.
Telemarketing, advertising or commercial solicitation (including charitable or political solicitation or polling).
Extensive call forwarding or use of call forwarding or conferencing features to act as a bridge to chat lines or other conferencing facilities.
Resale, rebrand, resupply, remarket or commercially exploit a Helium Mobile Service.
Fraudulent activity.
Hindering other customers’ access to the wireless network.
Compromising network security or capacity.
Excessively and/or disproportionately contributing to network congestion.
Usage that has an adverse impact on network service levels or legitimate data flows.
Usage that degrades network performance.
Usage that causes harm to the network or other customers.
Automated text or picture messaging.
Upload, download, or stream continuous video or audio.
“Spam” or engage in other abusive or unsolicited communications, or any other mass, automated voice or data communications for commercial or marketing purposes.
Interfering with our ability to provide the Service to you or other subscribers.
Use of the Service to threaten, abuse, harass, defame, deceive, defraud, interfere or invade another’s privacy or engage in any similar behavior.
Use of the Service to impersonate another person, send bulk messages, use robots, data mining techniques or other automated devices or programs to catalog, download, store, or otherwise reproduce or distribute information from our Service or use any automated means to manipulate our Service.
Use of the Service for transmitting or receiving any communication or material of any kind which would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law or encourage conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law.
Violate any law, rule, or regulation.
Violate any third party’s intellectual property or personal rights.
Use of the Service to access, or attempt to access without authority, the information, accounts, or devices of others, or to penetrate, or attempt to penetrate, Helium Mobile’s or its network supplier’s network or systems.
Use of the Service to generate or disseminate viruses, malware, or “denial of service” attacks.
No Transfer of Service
You may not resell or transfer your Helium Mobile Service or provide a telephone service to anyone else by using your Helium Mobile Service or features of your Helium Mobile Service.
Accessibility provisions
Notwithstanding anything to the contrary in this Policy, use of Helium Mobile services by customers with accessibility needs are not a violation of this Policy if industry standard accessibility technologies and solutions are used and such use does not otherwise constitute impermissible use of the Helium Mobile Services (such as, for example, uses for illegal purposes).
Right of termination
In addition to any other right to terminate Service, Helium Mobile reserves the right to terminate the Service immediately and without advance notice if Helium Mobile, in its sole discretion, believes that you have violated any of the above restrictions, leaving you responsible for all charges, including without limitation any unbilled charges, all of which become immediately due and payable.
During a review for possible violation of this Policy, Helium Mobile may suspend the account or accounts involved and/or block calling and/or messaging that potentially violates this Policy. If we have reasonable suspicion of violations of this policy, we may cooperate with: (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) other network or facilities suppliers in order to enforce this Policy. Upon termination of your Service account, Helium Mobile is authorized to delete any voice mail and other messages and communications associated with your account (and any secondary lines associated with your account). The failure of Helium Mobile or its suppliers to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
Monitoring
Helium Mobile does not monitor the voice or messaging conversations of its subscribers in order to enforce this Policy.
We may monitor the use of the Helium Mobile Service for violations of this Policy and the other materials that make up your agreement with us. We may, without liability, remove or block all communications if we suspect a violation of this Policy or any other materials that make up your agreement with us, or if we think it necessary in order to protect our Service, Helium Mobile or its network supplier, and/or their respective parents, affiliates, directors, officers, agents, and employees from harm.
Theft of Service
You may not use or obtain our Service in any manner that avoids Helium Mobile policies and procedures. You will notify us immediately in writing if you believe that your Service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner. When you notify us of one of these events, you must provide your account number and a detailed description of the circumstances of the theft, fraudulent use, or unauthorized use of Service. If you fail to notify us in writing in a timely manner, we may disconnect your Service and levy additional charges on you. Until you notify us in writing, you will remain liable for all use of our Service stolen from you and any and all stolen, fraudulent or unauthorized use of the Service up through the date notice is received by Helium Mobile.
Providing Information to Authorities and Third Parties
If we believe that you have used the Helium Mobile Service for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es), registered 911 address, and all other account information, as follows: in response to law enforcement or other governmental agency requests; as required by law, regulation, rule, subpoena, search warrant, or court order; as necessary to identify, contact, or bring legal action against someone who may be misusing the Service; to protect Helium Mobile’s rights and property; or in emergency situations where disclosure of such information is necessary to protect Helium Mobile customers or third parties from imminent harm.
Your Obligations
You and all users of the Helium Mobile Services associated with your Helium Mobile account must comply with this Policy. If you, or any users of Helium Mobile Services on your account fail to comply with this Policy, Helium Mobile reserves the right to suspend or terminate your Helium Mobile Services. You are legally and financially responsible for all activity on your Helium Mobile account and all devices connected to your Helium Mobile account, including by friends, family members, or other individuals with access to your services. It is also your responsibility to secure any mobile devices that you use to access your services.
Updates to this Policy
Helium Mobile may revise this Policy from time to time by posting a new version on the Helium Mobile website at https://hellohelium.com/acceptable-use.