EFFECTIVE DATE JULY 3, 2023
LAST UPDATED OCTOBER 18, 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”), located at 2202 S Figueroa St, #408, Los Angeles, CA 90007, United States.
These Terms & Conditions (“Ts&Cs) provide important information about our Services and devices used with our Services, including details on Service plans we offer, Service charges, fees, taxes, and other charges we bill you, termination of Services, acceptable use of Services, privacy, limitations of liability and our agreement to arbitrate disputes, instead of using class actions or jury trials.
These Ts&Cs are part of your Service Agreement with Helium Mobile and constitute an agreement between you and Helium Mobile under which we provide you Services. By agreeing to this Service Agreement, you represent that you are at least the age of majority in your state of residence and are authorized to enter into a legally binding agreement. You agree that if you provide your Helium Mobile account login information to someone or allow others to use the Services, you will be held responsible for all activity on the Services, whether such activity is undertaken by you or someone else.
You accept the Service Agreement by agreeing in writing or by electronic signature.
Helium Mobile may change its prices, fees, the Services, and/or the Ts&Cs at any time. Your continued use of the Services after notice of the change shall be considered your acknowledgement and acceptance of the change, and the most-recent version of these Ts&Cs controls your relationship with Helium Mobile and Helium Mobile’s provision of the Services to you.
Helium Mobile Services
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. The use of this services is intended only for adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you are not allowed to use the Services.
When you sign up for the Helium Mobile Services, we may assign you a personal phone number. You may also be able to port a phone number from another carrier. Please note that not all phone numbers can be ported to our network. We do not guarantee that porting of a phone number from another carrier will be successful.
You will be able to use the Helium Mobile Services after you purchase and activate a Helium Mobile Service plan. You agree to pay monthly recurring fees at the beginning of the billing cycle in which you will receive the Services until your Service Agreement is canceled. You may be charged one-time fees for some services, such as placing a call from the United States to other countries or for international roaming. One-time fees will be billed in the billing cycle following your authorization of such charges. You will be held responsible for all applicable fees, charges, and taxes for the Services you use, whether ordered by you or someone with access to your Services.
Any plan or service you purchase must be activated within 30 days after the date of purchase. We may suspend or terminate any plan or service that is not activated within the specified time frame.
We may suspend or terminate your account in accordance with these Ts&Cs. If payment is not received due to insufficient funds or for any other reason, you will be granted a grace period of 3 days to complete the payment. After that your account may be suspended until the fees, charges, and taxes are paid in full. If you have not successfully paid for a plan renewal for 60 days or more while in suspended status, we may terminate your account and reserve the right to reassign or eliminate your phone number after giving you notice. Please note that if your account is terminated, we may be unable to port your phone number to a different carrier at your request.
Helium Mobile plans are measured on monthly billing cycles. When you first activate your Services, your initial billing cycle will commence on the day of the activation (“Anniversary Date”) and will last one month. Your billing cycle for all subsequent months will commence on the Anniversary Date of each month you use the Services.
When you sign up for the Helium Mobile Services, you consent and authorize us to automatically collect payments of all fees, charges, and taxes associated with use of the Services as set forth in your Service Agreement from your designated payment method associated with your account until your Service Agreement is canceled. Your payment date will be your monthly Anniversary Date. We will send your monthly billing statement to the email address associated with your account, which will contain all fees, charges, and taxes for the applicable billing cycle. You may also view your billing statements by logging into your account on https://hellohelium.com/ or via the Helium Mobile App. You agree to provide us with accurate and complete payment information and promptly notify us of any changes to your payment information. If you make changes to your payment information less than 24 hours before your next billing date, we may not be able to apply these changes to your next billing cycle. You can make changes to your payment information via your account on https://hellohelium.com/, the Helium Mobile App or by contacting Customer Support.
3.2 Pay with MOBILE
Helium Mobile customers have the option to pay for their Helium Mobile Subscription with MOBILE tokens, including MOBILE tokens earned as rewards. Subscribers can use MOBILE tokens to prepay for one (1) to three (3) months of their Helium Mobile subscription, including taxes and fees. The amount prepaid in MOBILE assumes taxes and fees for a static location, meaning the Mobile prepayment credit to your account is a fixed $US amount. Should you relocate while prepaying with MOBILE, your taxes and fees may change, which may affect your remaining MOBILE credit. In order to pay for your Helium Mobile subscription with MOBILE tokens, you will need to install the Helium Mobile App.
The Helium Mobile App displays how many months of your plan you can pay for with your current MOBILE rewards balance. After your prepaid period ends, your account will automatically switch back to the credit card you previously placed on file, or any other credits on your account (e.g., Refer-a-Friend credit). You can track your MOBILE credit in the Billing section of your Helium Mobile account in the web and mobile apps. PREPAID MOBILE CREDIT IS NONREFUNDABLE. IF YOU CANCEL YOUR PLAN WITH A POSITIVE MOBILE CREDIT BALANCE, YOU WILL LOSE THAT CREDIT.
MOBILE is the native token of the Helium Mobile Network sub-DAO. It was introduced to the Helium Network through the community proposal HIP-53 and is further defined in subsequent HIPs. The Helium Network community has determined that Helium Mobile subscribers may earn MOBILE rewards by contributing to the Helium Mobile Network through Discovery Mapping and that hotspot deployers may earn MOBILE rewards for providing coverage for the Helium Mobile Network.
Nova Labs does not issue, pay out, or otherwise distribute MOBILE tokens and is not responsible for any undistributed and/or unearned rewards. Earning MOBILE is not guaranteed and may vary depending on multiple factors, including but not limited to, individual activities, network usage, app configuration, technical and/or operational issues, and network governance. MOBILE rewards are subject to and a function of Helium Network governance and design and are subject to change without notice. MOBILE and any other Helium Network tokens may have no value, and Nova Labs makes no promises, guarantees, or warranties as to the value of MOBILE tokens.
Helium Mobile plans include a voice plan as part of your Services. Voice usage is measured from the time our network supplier begins to process a call through its termination of the call. We round up any fraction of a minute to the next full minute.
Helium Mobile plans include a data plan as part of your Services. Your data plan is intended for personal use in the United States only. Data usage within our network is counted by bytes with no rounding. When roaming, depending on our roaming partner, your roaming data usage may be rounded up to the next full 10 kilobyte increment at the end of each data session. Each of the Helium Mobile Service plans has an assigned monthly 5G and/or 4G LTE data usage level. Please note that accessing 5G and/or 4G LTE provided through your Service plan requires a capable device and SIM within an appropriate coverage area. We will measure your upload and download data usage, including all of your requests to upload or download data, as well as network overhead. If your total data usage aggregated over the billing cycle exceeds the monthly usage level for the plan you purchased, you will be downgraded to slower data speed for the remainder of the billing cycle. When you begin a new billing cycle, your Service plan usage level will be reset and your data speed will be restored.
Using the Services
The mobile network on which Helium Mobile provides the Services is a shared resource that is managed for the benefit of all its users. Certain activities and uses of Helium Mobile's Services by an individual customer or small group of customers can negatively affect the use and enjoyment of the service by others. Therefore, certain activities and uses of the Services are not permitted, which are outlined in the Helium Mobile Acceptable Use policy, located at https://hellohelium.com/acceptable-use.
Network Protective Measures
To minimize capacity issues and ensure reliable, quality service to our customers, we and our network supplier may take measures to protect our network. We may use automated systems to analyze network traffic in order to detect and prevent unlawful, fraudulent usage or activity that does not comply with our Acceptable Use Policy. Based on our analysis, we may take appropriate actions, including, but not limited to, temporarily reducing data speeds, deprioritizing traffic, suspending, or terminating data sessions of users who use excessive amounts of data or engage in heavy, continuous usage that adversely affects our network performance and degrades quality of service for other customers. We and our network supplier apply various network management techniques and practices to allocate network capacity among users and devices to ensure the best possible experience for users.
We may make available to our customers voice and text messaging services over a Wi-Fi connection (“Wi-Fi calling”).
In order to use Wi-Fi calling you will need to: (a) have a Wi-Fi capable device with Wi-Fi calling capability supported by Helium Mobile; (b) have a compatible SIM; (c) have Wi-Fi calling services enabled on your account and enable applicable settings on your device; and (d) be connected to functioning third-party internet service.
911 and Emergency Alerts
When making calls to a public-safety answering point (“PSAP”) from a device, such as dialing 911, you should always be prepared to provide your location and phone number. Unlike calls from a traditional wireline phone, a PSAP may not know the emergency caller’s location or phone number. Although some local emergency authorities have enabled E911 services that use GPS or other methods to determine callers’ locations, E911 does not always provide accurate location information. If your device is indoors, cannot acquire a satellite signal, or otherwise cannot obtain the caller’s location, the location information may not be automatically delivered to the PSAP. Also, the process of porting a phone number may limit the Service from being able to provide location services to the PSAP during that time. If you make a 911 call, the 911 operator may see a phone number that is different from your personal phone number. There may be instances when the PSAP might not be able to call you back.
Please note that some services available on our network may be unavailable to you while using Wi-Fi calling. You acknowledge that calling 911 via Wi-Fi calling uses the internet connection and operates differently than calling 911 using traditional wireless services. Internet outages, power outages, or other disruptions may affect your ability to connect to 911. Please note that when calling 911 using Wi-Fi calling, emergency personnel may not be able to identify your phone number to call you back. You agree to provide us with the physical location at which you will use Wi-Fi calling. If your location changes, either temporarily or permanently, you must promptly update your location in the Wi-Fi calling settings in your Helium Mobile account. Please note that it may take up to 2 hours for changes in address to take effect. You acknowledge that if you attempt to dial 911 using Wi-Fi calling from any location other than the location entered in your account for Wi-Fi calling, emergency personnel may not be able to identify your location, your 911 call may not complete, or your 911 call may be routed to emergency personnel in a different location. Neither Helium Mobile nor our network supplier is responsible or liable for anything related to your use of or inability to use Wi-Fi calling, including, without limitation, any failure of emergency calls. We strongly recommend you have a long running UPS Systems, have a landline also at your premise that can be used, and have a redundant or backup Internet connection.
Helium Mobile may also provide wireless emergency alerts within portions of its coverage area on wireless emergency alert capable devices. There is no additional charge for these wireless emergency alerts. Wireless emergency alerts may not be available on all devices or in the entire coverage area, or if you are outside of the coverage area. In areas in which the emergency alerts are transmitted, such alerts may not be received by you or the user of Helium Mobile’s Services even though the user has a device capable of receiving them.
Your device may connect to another provider’s network (“Roaming”) even when you are within the Helium Mobile coverage area. Depending on your plan, there may be extra charges (including long distance, tolls, data usage), higher rates, varying quality or availability, or slower data speeds associated with Roaming or International Roaming usage. For plans with Roaming charges, the current Roaming charges and rates will be published on https://hellohelium.com/. Please note that roaming may also affect the quality and availability of Services.
We may provide international long-distance calling, texting, and data services. All international long-distance services included in your Service plan will be handled by our network supplier or a third party not affiliated with Helium Mobile. There may be additional charges related to international long-distance calling, texting, and data services. Information on our International Services charges and rates will be published on https://hellohelium.com/.
Taxes, Fees & Surcharges
You are responsible for all taxes, fees, and surcharges in connection with your Helium Mobile Services. The information about our fees and rates can be found on https://hellohelium.com/. We may change the details, prices, and allowances of our plans at our discretion at any time. Depending on the Services you purchase, the types of charges you incur may vary.
Taxes, additional fees and surcharges will be billed in addition to your recurring monthly fees and one-time charges and fees.
We assess taxes to recover the costs of all federal, state, municipal, local or other governmental sales and use taxes associated with your purchase and use of the Helium Mobile Services. Your tax rates will be determined based on the service address and the ZIP code you have on file on your account. We reserve the right to default you to the ZIP code of Helium Mobile headquarters 90007 if the address you entered:
Is incorrect or has no ZIP code associated with it;
Is not recognized as a street address (e.g. is a PO box);
Does not identify applicable tax jurisdictions.
To receive a tax refund based on disputed tax jurisdiction assigned to you, you must request it within 60 days of our notification to you that the tax has been assigned.
Depending on the configuration of your Service plan, you may be charged additional fees for any special or enhanced Services you use on top of your standard Service plan offering.
Surcharges are collected to recover costs associated with federal and state programs and regulatory fees, including but not limited to the Federal Universal Service Fund Program, state universal service fund programs, state and federal Telecommunications Relay Service Programs, 911 fees, and other federal and state regulatory fees and administrative costs we incur in compliance with local, state or federal government programs and regulations. We reserve the right to change the amount of surcharges at our discretion at any time.
You may request a refund of your Services if you decide to cancel the Services within seven (7) calendar days of account activation. If you believe you are entitled to a refund, you must send a written request for refund through our website or by emailing email@example.com. You will receive a notification if you are entitled to a refund. If you are entitled to a refund, it will be processed within 30 business days after you receive the notification. Depending on your bank's processing time, it can take anywhere from five (5) to ten (10) business days to appear in your bank account.
If you cancel the Services after more than seven (7) calendar days of activation, your Services will remain active until the end of the corresponding billing cycle and you will not be refunded any Services fees for that billing cycle. Except as otherwise required by applicable law and this section, you will not be entitled to any refund of amounts paid to us in connection with any Services, whether canceled by you or terminated by us.
We are not a payment processor. We use third-party payment processors to enable you to purchase the Services. In some cases, your refund might be processed as a reversal, meaning the original payment will disappear from the account statement entirely and the balance will reflect as though the charge never occurred. If you do not see the refund after ten (10) business days and you still see the original charge on your bank statement, please reach out to your bank for more information.
We do not provide cash refunds for a completed transaction made with a payment card, unless required by Law.
We reserve the sole right, at our sole discretion, to refuse to issue any refund. We shall not be liable and we have no legal obligation to offer or process any refunds.
You may assist us in verifying the coverage of our network (“Discovery Mapping”) by turning on the Discovery Mapping functionality on the Helium Mobile App. Discovery Mapping utilizes your device’s GPS location data to map where you are using the Helium Mobile Services and the locations of the Helium Mobile Radios that your device identifies. By enabling Discovery Mapping when your device is connected to the Helium Mobile Network and you are sharing your location, you will be eligible to earn MOBILE rewards as determined by the Helium Network Community and/or other rewards as may be determined by Helium Mobile in its sole discretion. Helium Mobile offers access to Discovery Mapping, MOBILE Rewards, and/or any other rewards (together, the “Program”) in its sole discretion and has the right to terminate the Program, in whole or in part, or to change these Program terms and conditions, any discretionary conditions of Program participation or qualification criteria in whole or in part, at any time, with or without notice, even though changes may affect the value, if any, of any Program rewards already accumulated.
IN NO EVENT SHALL HELIUM MOBILE BE LIABLE TO A SUBSCRIBER, OR ANYONE ACTING ON THE SUBSCRIBER’S BEHALF, FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING LOST REVENUE OR PROFITS, ARISING OUT OF THE ACTS OR OMISSIONS OF HELIUM MOBILE IN CONNECTION WITH THE PROGRAM, OR COSTS OR ATTORNEYS’ FEES. Any abuse of the Program or failure to follow these and/or any other applicable terms and conditions, any violation of law, rule, or regulation, any conduct detrimental to the interests of Helium Mobile, any fraudulent activity or attempted fraudulent activity, any dissemination of information designed to defraud Helium Mobile, or any misrepresentation of any information furnished to Helium Mobile or its affiliates by any Subscriber, anyone else acting on the Subscriber’s behalf, or any third party (collectively, “Prohibited Conduct”), may result in Helium Mobile exercising any and all available remedies (“Helium Mobile's Remedies”), with or without notice to the Subscriber, including the termination by Helium Mobile of such Subscriber’s Helium Mobile plan. Subscriber’s whose accounts have been terminated shall not be eligible to participate in any aspect of the Program and shall not be eligible to enroll with new accounts unless express consent is received from Helium Mobile.
Any Program rewards you earn will be made available to you for deposit into your Helium Mobile Wallet. Transaction fees may apply when claiming your Program rewards or transferring your Program rewards out of your Wallet. Your Helium Mobile Wallet will be created for you when you subscribe to Helium Mobile Services. More information about the Helium Mobile Wallet and the Supported Digital Assets can be found in our Helium Mobile Wallet Terms and Conditions.
Program rewards may have no value and Helium Mobile makes no promises or warranties as to the value of any Program rewards. You understand that any Program rewards, MOBILE or otherwise, you may be eligible to earn from Discovery Mapping or any other activity are not guaranteed and may vary depending on multiple factors, including but not limited to, individual activities, network usage, app configuration, technical and/or operational issues, and network governance. Rewards are a function of network governance and design and are subject to change without notice. Nova Labs is not responsible for providing, guaranteeing, and/or refunding any rewards or changes to award eligibility due to subscriber behavior, app permissions, network usage, network outages, service outages, outages related to the Solana blockchain, or any other factors that may impact rewards. MOBILE and any other network tokens may have no value, and Nova Labs makes no promises, guarantees, or warranties as to the value of MOBILE tokens.
Supported Digital Assets
THE SUPPORTED DIGITAL ASSETS MAY HAVE NO VALUE. You have carefully reviewed and understand the following risks, as well as all other risks associated with the Supported Digital Assets and the Helium network (including the 5G radio subDAO and Mobile DAO), all of which could render the Supported Digital Assets worthless or of little value.
14.1 No Claim, Loan, or Ownership Interest. You acknowledge that owning or holding the Supported Digital Assets does not provide you with rights of any form with respect to Nova Labs or its revenues or assets, including without limitation any voting, redemption, liquidation, proprietary (including all forms of intellectual property) or other financial rights, and Supported Digital Assets do not provide you with any ownership, equity, or other interest in Nova Labs. You acknowledge and agree that Nova Labs, Inc. does not own or otherwise control the Helium network and that the Supported Digital Assets have no rights or attributes other than as implemented on the Helium network.
14.2 No Other Representations or Warranties. Nova Labs does not make and expressly disclaims all representations and warranties, express, implied or statutory with respect to Supported Digital Assets. Nova Labs specifically does not represent or warrant and expressly disclaims any representation or warranty, express, implied, or statutory, including without limitation, any representations or warranties of title, non-infringement, merchantability, usage, suitability or fitness for any particular purpose, or as to the workmanship or technical coding thereof, or the absence of any defects therein, whether latent or patent.
14.3 New Technology. The technology associated with the Helium network is new and may not function as intended, or at all. The Helium network may not be capable of consistent operation or operation in perpetuity. The Helium network might not function as intended and any Supported Digital Assets associated with the Helium network may not have functionality that is desirable or valuable. Technology changes rapidly, and the Helium network and any Supported Digital Assets may become outdated.
14.4 Lack of Interest. The ongoing success of the Helium network and any Supported Digital Assets relies on the interest and participation of third parties. The Helium network may fail to attract sufficient interest from third parties and there can be no assurance or guarantee that there will be sufficient interest or use of the Helium network and the Supported Digital Assets may have no value.
14.5 Ability to Transact or Resell. There is no guarantee or representation of liquidity and transferability of Supported Digital Assets.
14.6 Volatility. The value of Supported Digital Assets has been subject to, and may again in the future experience, extreme volatility, which can be influenced by a variety of unpredictable factors (often with no clear indication of what is driving such volatility). You understand there can be no assurance that the Supported Digital Assets will maintain their present value in the future, or that they will have any value at all.
14.7 Source Code. You acknowledge that Nova Labs does not control the source code underpinning the Supported Digital Assets and the Helium network. Such source code may contain flaws, bugs, defects or inconsistencies that could compromise the predictability, usability, functionality, stability of the Supported Digital Assets and the Helium network.
14.8 Security. Supported Digital Assets related to the Helium network may be subject to expropriation and/or theft, intentional or unintentional bugs or weaknesses or cyber-attacks that may negatively affect the Supported Digital Assets or result in loss or ability to access Supported Digital Assets.
14.9 Access to Private Keys. Loss of private key(s) associated with the digital wallet storing the Supported Digital Assets will result in loss of such Supported Digital Assets. Moreover, any party that gains access to such private key(s), including by gaining access to login credentials of a hosted wallet or vault service you use to store the Supported Digital Assets may be able to misappropriate your Supported Digital Assets. Nova Labs is not responsible for any such losses.
14.10 Effect of Applicable Laws, Uncertain Regulatory Framework and Risk of Government Action. You acknowledge that Nova Labs does not administer the Helium network and that the Helium network is subject to various laws governing all aspects of the Helium network and the Supported Digital Assets. The regulatory status of cryptographic tokens, digital assets and blockchain technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether governmental authorities will regulate such technologies. It is likewise difficult to predict how or whether any governmental authority may make changes to existing laws, regulations and/or rules that will affect cryptographic tokens, digital assets, blockchain technology and its applications. Such changes could negatively impact the Supported Digital Assets in various ways that may render certain aspects thereof unlawful or commercially undesirable. Additionally, governmental authorities may apply regulatory limits or restrictions on the holding, transfer or taxation of the Supported Digital Assets.
To access and use Helium Mobile Service you must use a supported, compatible device. A supported device is a phone or a tablet that complies with the Federal Communications Commission regulations, is certified by Helium Mobile and our network supplier for use on our network, and is unlocked. You can find the list of supported devices on https://hellohelium.com/. Please note that not all Services may be available on all the supported devices and operating systems. We reserve the right to suspend or terminate Services to any device that is not a supported, compatible device. Helium Mobile does not support devices that are locked or become locked by another mobile operator or that have been or become reported as lost or stolen.
Lost or Stolen Devices
You agree to notify us immediately if your device is lost or stolen by contacting Customer Support via chat in your Helium Mobile App, by sending an email to firstname.lastname@example.org, by calling (855) 775- 6895, or cancelling Service through the Helium Mobile website or Helium Mobile App. Our Customer Support is staffed during our normal business hours, which you can find on the Helium Mobile Website or Helium Mobile App. We will suspend your Services after you contact us during normal business hours or at the start of the next business day if you notify us after hours, to prevent someone else from using it. We reserve the right to hold you responsible for all usage charges, taxes, and fees incurred by your device until you have notified us that the device had been lost or stolen and until we terminated your Services.
California Customers Only: Although you are not liable for charges you did not authorize, Helium Mobile considers the fact that a call was placed from your device as evidence that the call was authorized. Unauthorized charges may include calls made to or from your device after it was lost or stolen. If you do not report the loss or theft promptly, you may be responsible for any fees or charges for the Service used until the incident is reported. Once reported to Helium Mobile that your device is lost or stolen and the device is suspended, you will not be responsible for subsequent charges incurred by that device.
Service Availability and Coverage
Coverage maps only approximate our anticipated wireless coverage area outdoors and under optimal conditions. Actual coverage, speed, service area and quality of service may vary depending on such factors as signal strength, network capacity and congestion, hardware and software limitations, terrain, weather, and other factors beyond our control. Outages and interruptions in the Services may occur and the quality and speed of the Services may vary. We do not warrant or guarantee that the Services will be available at any specific time or geographic location or that the Services will be provided without interruption or at any particular quality level. You agree to not hold us liable for any problems related to Services availability or quality, including, without limitation, any failure of emergency calls.
Disruption of Service
All Services are provided on an “AS IS” and “AS AVAILABLE” basis. In no event shall Helium Mobile be liable for any failure or interruption of Service, including without limitation those failures and interruptions resulting in part or entirely from circumstances beyond Helium Mobile’s reasonable control.
You may be able to transfer, or “port,” your Helium Mobile phone number to another mobile operator. If you port a number from Helium Mobile, Helium Mobile will treat it as though you requested Helium Mobile cancel your Services for that number. After the porting is completed, you will not be able to use Helium Mobile’s Service for that number, but you will remain responsible for all Service fees, charges, and taxes incurred through the end of that billing cycle, just like any other cancellation. If you port a number to Helium Mobile, Helium Mobile may not be able to provide some services right away, such as E911 services. More information on Helium Mobile’s porting processes can be found here.
You acknowledge and agree that except as required by applicable law, you do not have any proprietary rights to the mobile number assigned by Helium Mobile, except for any right you may have to port it.
From time to time, and in Helium Mobile’s sole discretion, we may offer certain promotions (including, without limitation, credits, discounts, or “free” Service), for any reason whatsoever, to any subset of customers (e.g. new port-in customers, customers who meet certain eligibility requirements, etc.). For avoidance of all doubt, in addition to all other terms and conditions contained in these Ts&Cs, including but not limited to any applicable promotional terms, together with all other promotional terms which Helium Mobile may publish as a supplement to these Ts&Cs, all of which shall apply to any such promotion according to these Ts&Cs, you and Helium Mobile each agree that any promotion, to the extent available to you, any Helium Mobile customer, or any subset of Helium Mobile customers, shall only be offered, if at all, in Helium Mobile’s sole discretion, and may be modified or terminated at any time without notice. Without limiting the foregoing, to the greatest extent permissible by applicable law, under no circumstances shall any promotional credits, discounts, or “free” Service be transferable, combinable with any other offer, or redeemable for any amount of cash or credit.
Your Service Agreement will automatically renew, and the Service charges specified in your Service Agreement shall continue until you terminate the Services, which shall be effective at the end of the current billing cycle, when you port your phone number, or when Services are terminated by Helium Mobile for breach (including nonpayment) of the Service Agreement or otherwise by Helium Mobile in accordance with the Service Agreement. You can cancel your plan at any time through your online account at https://hellohelium.com/ or in the Helium Mobile App. Upon termination, and subject to any restrictions under applicable law, you shall be responsible for any outstanding charges, taxes or fees owed. Please note that termination or cancellation of the Services does not mean cancellation of your Helium Mobile Wallet.
Our Right to Make Changes
This provision is subject to requirements and limitations imposed by applicable law and will not be enforced to the extent prohibited by law. Your Service is subject to our business policies, practices, and procedures, which we can change without notice. WE RESERVE THE RIGHT TO CHANGE OR MODIFY THESE T&Cs, OUR SERVICES, DISCOUNTS, TECHNOLOGIES (INCLUDING CHANGES TO OUR NETWORK THAT MAY IMPACT YOUR DEVICE’S COMPATIBILITY), COVERAGE, OR ANY OTHER TERMS IN THE SERVICE AGREEMENT AT ANY TIME AND YOU AGREE TO BE BOUND BY ALL SUCH CHANGES OR MODIFICATIONS ON THE EARLIER OF WHEN WE (i) POST THEM ON THE HELIUM MOBILE WEBSITE, OR (ii) SEND THEM TO YOU (ELECTRONICALLY OR OTHERWISE). BECAUSE THESE T&Cs ARE SUBJECT TO CHANGE AT ANY TIME, YOU SHOULD ALWAYS CHECK THE HELIUM MOBILE WEBSITE FOR THE MOST CURRENT VERSION. IF WE CHANGE THE SERVICE FEE APPLICABLE TO YOUR SERVICE PLAN OR MAKE MATERIAL CHANGES TO YOUR SERVICE AGREEMENT, YOU WILL HAVE 5 DAYS FROM THE DATE WE NOTIFY YOU OF THE CHANGES TO TERMINATE YOUR SERVICE PLAN BY (i) CONTACTING US THROUGH OUR APPLICATION OR WEBSITE, OR (ii) MANAGING YOUR ACCOUNT ON THE HELIUM MOBILE WEBSITE OR APPLICATION. IF YOU FAIL TO CANCEL YOUR SERVICE PLAN WITHIN THE 5 DAY PERIOD, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGES. ANY INCREASE IN TAXES, REGULATORY FEES OR ASSESSMENTS WILL NOT BE CONSIDERED AN INCREASE IN ANY SERVICE FEE AND WILL NOT ENTITLE YOU TO EXERCISE THE FOREGOING CANCELLATION RIGHT. WE ARE NOT LIABLE TO YOU FOR CHANGES IN OPERATION, EQUIPMENT, OR TECHNOLOGY (INCLUDING THE NETWORK) THAT CAUSE YOUR DEVICE TO BE RENDERED OBSOLETE OR REQUIRE MODIFICATION.
You should use care when allowing another person, including a child or other minor, to use a device on your account. You are obligated to pay all fees, charges, and taxes incurred, including charges from any other user of a device associated with your account.
Our Rights to Limit or End Service or the Service Agreement
Helium Mobile can, without notice, limit, throttle, suspend or terminate your Services or any agreement with you for any reason, including, but not limited to: (1) if you (a) breach the Service Agreement; (b) resell your Services; (c) use the Services for any illegal or fraudulent purpose or in violation of any acceptable use requirements; (d) fail to pay any fees owed in accordance with the Service Agreement; (e) go bankrupt; (f) transfer Service to another person without our consent; (g) use your Service in a manner that is excessive, unusually burdensome, or unprofitable to us; or (2) if you or any user of your device, or any line of Service on your account: (a) threatens, harasses, or uses vulgar and/or inappropriate language toward Helium Mobile’s representatives; (b) interferes with Helium Mobile’s operations; (c) “spams” or engages in other abusive messaging or calling; (d) modifies your device from its manufacturer’s specifications; or (e) use the Services in a way that negatively affects the network or other customers or that violates Helium Mobile’s Acceptable Use Policy. Helium Mobile may also temporarily limit your Services for any operational or governmental reason.
In the event that Helium Mobile terminates your Helium Mobile Service for any reason specified in this Section, we reserve the right to prohibit you from using any Helium Mobile Service plan in the future by blocking your device from our network, prohibiting you from using a new Helium Mobile Service account that you purchase, or through other means.
Helium Mobile intellectual property and related documents are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions. You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of Helium Mobile and any other owner of intellectual property whose protected property may appear on any website and/or dialogue box controlled by Helium Mobile or accessed through Helium Mobile’s websites. Except for a limited license to use the Service, your purchase, your purchase of the Service and does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of Helium Mobile or others related to the Service and Helium Mobile. All Helium Mobile websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively, “Marks”) and its affiliates are and shall remain Helium Mobile’s and its affiliates’ exclusive property. Nothing in these Ts&Cs shall grant you the right or license to use any of the Marks.
You agree that a violation of this Section harms Helium Mobile, which cannot be fully redressed by money damages, and that Helium Mobile shall be entitled to seek immediate injunctive relief in addition to all other remedies available.
From time to time, you may choose to submit feedback to us. We may, in connection with the Services, freely use, copy, disclose, license, distribute and exploit any feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. No feedback will be considered your confidential information, and nothing in this Agreement limits our right to independently use, develop, evaluate, or market products or services, whether incorporating feedback or otherwise.
In the event that Helium Mobile terminates your Helium Mobile Service for any reason specified in this Section, we reserve the right to prohibit you from using any Helium Mobile Service plan in the future by blocking your device from our network, prohibiting you from using a new Helium Mobile Service account that you purchase, or through other means.
Privacy and Security
A device can contain sensitive personal information. Helium Mobile is not responsible for any information stored on a device, including sensitive or personal information. Helium Mobile recommends that you safeguard any sensitive or personal information when the device is out of your possession or control.
26.2 Security Breach. If you suspect that your Helium Mobile account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or Helium Mobile (collectively a "Security Breach"), you must notify Helium Mobile Customer Support immediately through the Helium Mobile Website or Mobile App and provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce or manage any Security Breach. Prompt reporting of a Security Breach does not guarantee that Helium Mobile will reimburse you for any losses suffered or be liable to you for any losses suffered as a result of the Security Breach.
26.3 Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Helium Mobile. Always log into your Helium Mobile account(s) through the Helium Mobile Website or App to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
Disclaimer of Warranties
EXCEPT FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED WITH A DEVICE YOU PURCHASED FROM HELIUM MOBILE, AND TO THE EXTENT PERMITTED BY LAW, YOUR SERVICES AND DEVICES AND PROVIDED ON AN “AS IS” BASIS AND HELIUM MOBILE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ABOUT YOUR SERVICE, DEVICES, OR ANY APPLICATIONS YOU ACCESS THROUGH YOUR DEVICE. HELIUM MOBILE DOES NOT WARRANT THAT YOUR DEVICE OR SERVICE WILL WORK PERFECTLY OR BE FREE FROM INTERRUPTIONS OR VIRUSES. HELIUM MOBILE DOES NOT WARRANT THAT YOUR DEVICE WILL NOT NEED OCCASIONAL UPGRADES OR MODIFICATIONS, OR THAT IT WILL NOT BE NEGATIVELY AFFECTED BY NETWORK-RELATED MODIFICATIONS, UPGRADES OR SIMILAR ACTIVITIES. HELIUM MOBILE DOES NOT WARRANT THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE. IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO INTERCEPT YOUR COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR AND HELIUM MOBILE HAS NO LIABILITY WHATSOEVER FOR ANY SUCH OCCURRENCE.
Waivers and Limitations of Liability
You agree that:
Helium Mobile is not an insurer of services, nor can it ensure the accuracy of your information or the privacy or security of your Helium Mobile accounts;
Helium Mobile has no control over the acts and conduct of third parties;
Helium Mobile is not responsible for loss incurred as a result of your or a third-party’s use of your Helium Mobile wireless number as a source of authentication or verification in connection with any social media, email, financial, cryptocurrency or other account.
EXCEPT IN CASES OF FRAUD OR WILLFUL MISCONDUCT, TO THE GREATEST EXTENT PERMITTED BY LAW, HELIUM MOBILE IS NOT RESPONSIBLE FOR LOSSES RELATING TO THE SERVICES IT MAY OFFER UNDER THESE TS&CS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT HELIUM MOBILE AND ITS NETWORK PROVIDER ARE NOT RESPONSIBLE FOR LOSSES RELATING TO YOUR INABILITY TO REACH 9-1-1 OR ACCESS ANY OTHER EMERGENCY SERVICES; YOUR USE OF, OR INABILITY TO USE, THE SERVICES UNDER THESE TS&CS (INCLUDING, WITHOUT LIMITATION, ANY SERVICES WHICH MAY BE OFFERED IN CONNECTION WITH ANY THIRD-PARTY HARDWARE, SOFTWARE, OR SERVICE, EVEN IF SUCH THIRD-PARTY HARDWARE, SOFTWARE, OR SERVICE IS OFFERED BY HELIUM MOBILE); AND/OR ANY INTERRUPTION, ERROR, LIMITATION, OR DELAY IN ANY SERVICES. WITHOUT LIMITING THE FOREGOING, YOU ALSO AGREE THAT HELIUM MOBILE IS NOT RESPONSIBLE FOR THE INSTALLATION, MAINTENANCE, REMOVAL, OR TECHNICAL SUPPORT OF ANY SERVICES PROVIDED UNDER THESE TS&CS. WITHOUT LIMITING THE FOREGOING, YOU ALSO AGREE HELIUM MOBILE AND ITS NETWORK PROVIDER ARE NOT LIABLE FOR MISSED OR DELETED VOICEMAILS OR OTHER MESSAGES, OR FOR ANY INFORMATION (SUCH AS PICTURES) THAT GET LOST OR DELETED.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AND WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER AND OUR NETWORK PROVIDER TO DIRECT AND ACTUAL DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY. THIS MEANS THAT NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER ARISING OUT OF OUR SERVICE (INCLUDING THE PROVISION OF OR FAILURE TO PROVIDE SAME), ANY DEVICE, OR OTHERWISE IN CONNECTION WITH THIS SERVICE AGREEMENT OR THE SUBJECT MATTER HEREOF, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT WE HAVE BEEN INFORMED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES. THESE DISALLOWED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES ARISING OUT OF UNAUTHORIZED ACCESS OR CHANGES TO YOUR ACCOUNT, SERVICE, OR DEVICE, OR THE USE OF YOUR ACCOUNT, SERVICE OF DEVICE BY YOU OR BY OTHERS TO AUTHENTICATE, ACCESS, USE OR MAKE CHANGES TO THIRD PARTY ACCOUNTS, INCLUDING BUT NOT LIMITED TO FINANCIAL, CRYPTOCURRENCY, OR SOCIAL MEDIA ACCOUNTS. THIS LIMITATION AND WAIVER ALSO APPLY TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM.
IN ANY EVENT, TO THE GREATEST EXTENT PERMITTED BY LAW, OUR LIABILITY FOR DAMAGES OR OTHER MONETARY RELIEF FOR ANY CLAIMS YOU MAY HAVE AGAINST US IS STRICTLY LIMITED TO NO MORE THAN THE AMOUNTS ACTUALLY PAID BY YOU TO US FOR THE SERVICE FROM WHICH THE DAMAGES OR OTHER LIABILITY AROSE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN ADDITION, IN ANY EVENT, YOU AND WE EACH ALSO AGREE THAT ALL CLAIMS MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE DATE THE CLAIM ARISES.
You agree to defend, indemnify, and hold Helium Mobile harmless from and against any and all losses, claims, liabilities, costs and expenses (including taxes, fees, fines, penalties, interest, expenses of investigation and attorneys’ fees and disbursements) as incurred, arising out of or relating to use of the Services, breach of the Service Agreement, or violation of any laws or regulations or the rights of any third party that you or any person on your account or any person you allow to use your Services.
Severability and Waiver
A waiver of any part of the Service Agreement in one instance is not a waiver of any other part or any other instance and must be expressly provided in writing. If we do not enforce our rights under any provisions of the Service Agreement, we may still require strict compliance in the future. If any part of these Ts&Cs is held invalid, that part may be severed from the Ts&Cs.
You cannot assign these Ts&Cs or any of your rights or duties under it without our written consent. We may assign all or part of the Ts&Cs or your debts to us without notice.
Helium Mobile shall not be liable for any failure of performance or device of any kind due to causes beyond its control, including but not limited to: acts of God, fire, flood, or other catastrophes; loss of electric power; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over Helium Mobile, or any department, agency, commission, bureau, corporation, or other instrumentality of any one or more of these federal, state, or local governments, or of any civil or military authority; national emergencies; insurrection; riots, wars; or strikes, lock-outs, work stoppages, or other labor difficulties.
Choice of Law
Helium Mobile and you agree that the Ts&Cs are governed by the Federal Arbitration Act and applicable federal law, including but not limited to determinations of arbitrability. Without limiting the general applicability of federal law to the Ts&Cs (including but not limited to any and all determinations of arbitrability as provided for in Section 33, Dispute Resolution & Arbitration, to these T&Cs), and only to the extent state law may apply to the Ts&Cs, Helium Mobile and you agree the laws of the state in which your billing address is located shall apply, without regard to the conflict of laws rules of that state. Foreign laws do not apply. In order to ensure the availability of witnesses, unless otherwise prohibited by law, arbitration will be held in San Francisco County, California. In all cases, arbitration will be held in accordance with Section 33, Dispute Resolution & Arbitration. Subject to Section 33, Dispute Resolution & Arbitration, and to the extent permissible under the Service Agreement, any court proceedings must be initiated in the Superior Court of California, County of San Francisco or the United States District Court for the Northern District of California. If any provision of the Service Agreement is invalid under the law of any of the above jurisdictions, that provision will not apply in that jurisdiction; the remainder of the Service Agreement shall remain in force.
Dispute Resolution & Arbitration
34.1 Informal Dispute Resolution. You agree that prior to submitting any dispute or claim to arbitration for resolution, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone conversation between you, personally, and us. To initiate this good faith effort to informally resolve a dispute you agree to notify us in writing at 2202 S Figueroa St, #408, Los Angeles, CA 90007, United States, Attn: General Counsel and Secretary, of the nature of this dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain sufficient understanding of the dispute. During the 60 days from receipt of this notice you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within those 60 days (which period can be extended by agreement of the parties), you or we may commence an arbitration to resolve the dispute consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing an arbitration. You and we agree to toll the statute of limitations and any filing fee deadlines while the parties engage in this informal dispute resolution process. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.
34.2 Arbitration Agreement & Waiver of Certain Rights. If we are unable to resolve the dispute through the mandatory informal dispute resolution process and except as set forth below, you and we agree that we will resolve any controversies, claims, counterclaims, or other disputes between you and us or you and a third-party agent of ours (each a “Claim”) through binding and final arbitration, instead of through court proceedings, in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law prior to the date you agreed to these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, validity, applicability, enforceability, or formation of this Service Agreement including, but not limited to, a claim that all or any part of this Service Agreement is void or voidable.
34.3 WAIVER OF JURY TRIAL. BY AGREEING TO ARBITRATE ALL DISPUTES, HELIUM MOBILE AND YOU ARE BOTH WAIVING ANY STATUTORY AND CONSTITUTIONAL RIGHTS TO A JURY TRIAL. TO THE EXTENT ALLOWED BY LAW AND TO THE EXTENT THE AAA RULES AND THIS ARBITRATION AGREEMENT IS FOUND TO BE UNENFORCEABLE, HELIUM MOBILE AND YOU WAIVE STATUTORY AND CONSTITUTIONAL RIGHTS TO A JURY TRIAL. PLEASE BE ADVISED THAT THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT.
34.4 To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your claim at 2202 S Figueroa St, #408, Los Angeles, CA 90007, United States, Attn: General Counsel and Secretary. This letter must be sent at least five (5) days before you initiate an arbitration proceeding against us.
34.5 Any party to the arbitration may, at any time more than ten (10) days before arbitration, serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms will be adjudicated and interpreted in accordance with California Code of Civil Procedure section 998.
34.6 If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
34.7 This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
34.8 Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class, consolidated or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated without prior written consent of the parties. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
34.9 If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Section of the Terms will survive the termination of your relationship with us.
34.10 Mass Arbitration Process Requirements. If twenty-five (25) or more similar claims are asserted against us by the same or coordinated counsel or are otherwise coordinated (and your claim is one such claim), you understand and agree that the resolution of your dispute might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Counsel for the claimants and our counsel shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, and we will pay the mediator's fee. If the parties are unable to resolve the remaining matters through mediation at this time, then each side shall select twenty (20) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a staged process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. If the parties are unable to resolve the remaining cases after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, and we will pay the mediator's fee. If the parties are unable to resolve the remaining matters in mediation at this time, this staged process shall continue with one hundred (100) cases proceeding at one time that are selected randomly or by the AAA in staged sets, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. Between staged sets of proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this section regarding “Disputes” from the time the first cases are selected for a bellwether process until the time your case is selected, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against us. Should a court of competent jurisdiction decline to enforce these " Mass Arbitration Process Requirements," you and we agree that your and our counsel shall engage in good faith with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.
34.11 THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
California Users and Residents
Any and all comments, questions or concerns about the Services can be addressed and sent to us via certified mail to: Nova Labs, Inc., 2202 S Figueroa St, #408, Los Angeles, CA 90007. California users may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Sacramento, CA 95834 or by phone at (800) 952-5210.
Refer-A-Friend Terms & Conditions
Helium Mobile™ may offer Refer-A-Friend benefits from time to time. The Helium Mobile Refer-A-Friend Program is governed by Helium Mobile’s Terms and Conditions (“General Terms”) as well as any additional terms of the specific Refer-A-Friend program (“Program Terms”). In the event of a conflict between General Terms and Program Terms, the Program Terms will prevail. By participating in the Refer-A-Friend Program, you agree to abide by the General and Program Terms. If you do not agree to the General and Program Terms, you cannot not participate in the Refer-A-Friend Program.
Referral rewards are granted at Helium Mobile's sole discretion. We reserve the right to amend these guidelines and the methods through which referral rewards are earned at any time without notice to you.
A. The Referral Program
Participation in a Refer-A-Friend Program is completely voluntary. Helium Mobile may provide you (under the Program Terms, a “Referrer”) with the opportunity to send invitations (each, an “Invite”) to your friends and/or family members (each, a “Friend”) to become a Helium Mobile subscriber. If a Friend redeems your Invite, the Friend’s subscription will be discounted by the amount specified in the applicable Program Terms. A Friend’s redemption of your Invite will count towards your total number of referrals as a Helium Mobile subscriber, and you will be eligible for rewards as specified in the applicable Program Terms (a “Reward”). Rewards are based on your total number of referrals. Helium Mobile reserves the right to revoke any Reward you may have earned and/or suspend your participation in the Refer-A-Friend Program if Helium Mobile determines, at its sole discretion, that you are abusing the Refer-A-Friend Program in any way, including, but not limited to: the violation of any other applicable terms and conditions, any violation of law, rule, or regulation, any attempt to game the Refer-A-Friend Program, any conduct detrimental to the interests of Helium Mobile, any fraudulent activity and/or attempted fraudulent activity.
Please note that all Referral submissions are conditionally accepted and not fully confirmed until approved by Helium Mobile.
Referrers. To be eligible to be a Referrer, you must be at least 18 years old, a legal resident of the United States, and currently have an active Helium Mobile subscription in good standing (meaning your subscription must not be paused, canceled, or overdue). Helium Mobile reserves the right to terminate and disqualify you at any time from participating as a Referrer if you don’t comply with the General or Program Terms or for any other reason in Helium Mobile’s discretion. You must be logged into your Helium Mobile account when you refer a Friend in order for us to credit you a Reward. If your Friend requests to pause or cancel their subscription or their subscription is terminated, canceled, or paused within 30 days, you will not receive a Reward.
Friends. To be eligible to accept an Invite, the Friend must be at least 18 years old and a legal resident of the United States. Only Friends who are not currently or have not previously been subscribed to Helium Mobile may qualify for Invites.
C. Sending a Welcome Invite
D. Redeeming Rewards
Friends. To accept an Invite as a Friend, visit the link sent to you by the Referrer and follow the instructions. You must sign up for a new Helium Mobile subscription to accept the Invite. Upon accepting the invite, Helium Mobile will discount your subscription by the amount specified and according to the applicable Program Terms. You may only accept one Invite, no matter how many Invites you receive.
Referrers. After your Friend creates a qualifying subscription using the Invitation they received via email, they will be counted as one of your referrals as a Helium Mobile subscriber after 30 days.
E. Prohibited Actions
Engaging in the following or similar actions will be grounds for immediate termination and disqualification from the Refer-A-Friend Program and all Rewards previously earned:
Any promotion of your Invite that would constitute unsolicited spam under any applicable law or regulation;
Engaging in or attempting fraud though the Refer-a-Friend Program, or any other abuse of the Program;
Selling, trading, bartering, or receiving anything of value in exchange for your Invite from any party other than Helium Mobile;
Creating fake accounts, blogs, web pages, profiles, websites, links or messages in connection with the Refer-a-Friend Program;
Paid advertising for the purpose of generating traffic directly to your referral link;
Misleading or attempting to mislead anyone in connection with the Refer-A-Friend Program, including, but not limited to, misrepresenting your relationship with Helium Mobile or posing as our representative in any capacity;
Taking any action or making any content that is disparaging or defamatory to Helium Mobile;
Creating multiple accounts with the same name, address, email address or other identifying feature may be flagged as fraudulent referral.
F. Rights and Termination
We reserve the right to suspend or terminate the Refer-A-Friend Program or to change these Refer-A-Friend Program Terms at any time and for any reason in our sole discretion, with or without notice to you. All interpretations of these Refer-A-Friend Program Terms will be at Helium’s Mobile sole discretion. Our decisions are final.