Revised: October 15th, 2015
Thanks for using Nextplus, created by textPlus, Inc. (together with our affiliates, ("Company", "we", "our" or "us"). This Terms of Service ("Agreement") is a legal agreement between you (either an individual or entity) ("you" or "your") and governs your use of our Nextplus mobile application ("Nextplus") and any products or services offered by Company from time to time (collectively, the "Services"). By checking any acceptance boxes, clicking any acceptance buttons or simply by making any use of Nextplus and/or the Services, you agree to be bound by this Agreement. If you do not agree to any of the terms herein, you may not use the Services.
THE TERMS OF THIS AGREEMENT REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. WE ENCOURAGE YOU TO READ ALL OF THIS AGREEMENT. Eligibility
You must be at least 13 years old to use the Services. If you are not at least 13 years old, do not use the Services. If you are under 18 years old, your parent or legal guardian must also read and agree to be bound by this Agreement.
Nextplus is a downloadable software application for mobile devices that allows its users to send and receive text messages, both on a one-to-one basis and in groups, all for free. Nextplus is generally free to download and free to use (meaning you will not be charged for the text messages you send or receive using Nextplus), except with respect to certain optional paid features and as set forth below.
Certain versions of Nextplus feature the Nextplus Free Calls Service ("NFC"). NFC allows its users to make and receive voice calls to and from other NFC users for free using their Nextplus phone numbers ("In-App Calls"). Additionally, you may elect to enable NFC to (i) make voice calls to non-NFC users on traditional phones for a fee, and/or (ii) receive voice calls from non-NFC users on traditional phones for a fee ("Out-of-Network Calls"). During introductory offers, we may waive these Out-of-Network Call enablement fees for a limited time only.
The fee payable for making an Out-of-Network Call to a traditional phone (mobile or landline) is a per-minute rate based on the destination country of your Out-of-Network Call. The fee payable for receiving an Out-of-Network Call (regardless of its country of origin) is the per-minute rate payable for making a domestic local Out-of-Network Call. Our rates for Out-of-Network Calls are published within the service description of NFC and at http://www.textPlus.com/rates.
The duration of an Out-of-Network Call is based on one-minute increments, and fractions of minutes will be rounded up to the next minute. We may change our rates for Out-of-Network Calls at any time without notice to you by posting the new rates at http://www.textPlus.com/rates. Please check our latest rates before making an Out-of-Network Call.
Out-of-Network Calls are generally made by purchasing and using "Nextplus Credits". Nextplus Credits are non-refundable and are not redeemable for any sum of money. We reserve the right to expire Nextplus Credits if you do not use NFC to make or receive an Out-of-Network Call for 180 consecutive days.
Nextplus does not feature all of the services of, and is not a replacement for, a wired or wireless phone. In the United States, you cannot make Emergency 911 calls using NFC.
Please see http://www.textPlus.com/Canada-911 for special terms regarding the making of Emergency 911 calls in Canada using NFC.
Nextplus GO Mobile Service
The Nextplus GO mobile service ("Nextplus GO") is an optional prepaid add-on service available via Nextplus. Users who purchase this service receive a SIM card that connects their phone to a cellular network to enable Nextplus services when outside of WiFi network coverage. When the user's phone is connected to the cellular network away from WiFi, only Nextplus will connect to the mobile broadband service. Other mobile applications, including mobile web browsers, will not connect. Users may optionally purchase an add-on pre-paid mobile Data Pack (defined below) to access and use other mobile applications, mobile browsing, video and audio streaming at 4G LTE speeds, where available.
Your Nextplus GO service will operate only after you have purchased a Nextplus GO Pack service plan ("Service Plan") and as long as you have service days left on your 30-day Service Plan cycle. Please visit our website at nextplus.me/GO for the latest information regarding our Service Plans.
Your Nextplus GO subscription will automatically renew and your payment method on file will be automatically billed unless you cancel your subscription by visiting nextplus.me/account. You will be notified via email prior to the automatic renewal charge and after the renewal charge is successful.
Nextplus GO accounts are automatically closed if the service is not activated within 60 days of the initial purchase date. Additionally, Nextplus GO accounts will be automatically closed 60 days after the conclusion of the last active subscription period. Nextplus GO account closure results in the forfeiture of all remaining monetary credit, minute, text and data balances. Refunds are not granted for accounts without activity for 60 days.
The Service Plan provides unlimited calling and text messaging to numbers in the US and Canada. You may also purchase an add-on data pack to the Service Plan ("Data Pack") that provides a fixed amount of high speed data at 4G/LTE** speeds. After your high speed data threshold is reached, you will need to purchase another Data Pack or wait until the start of your next 30-day plan cycle.
**4G/4G LTE networks are not available on all devices and in all locations. 4G/4G LTE networks require a capable device and SIM card. Actual availability, coverage, and speed may vary.
Data transmitted over Wi-Fi does not count against your data usage. To preserve your high speed data, you can sign into Wi-Fi whenever possible but recognize that public Wi-Fi locations may not be secure. Apps like Wi-Fi Finder, available from the Google Play Store, can help you find open networks. Additionally, Apps such as My Data Manager can help you keep track of your Wi-Fi and cellular data usage. We neither endorse nor are we responsible for your use of such apps.
Ownership and Licenses
The content of Nextplus, other than Submissions (as defined below) by users, including all software, text, visual, and audio content (collectively, "Content") and our trademarks and logos ("Marks"), are all owned by or licensed to us and are protected under U.S. and international laws. All rights not granted by Company are reserved.
Company hereby grants you a non-transferable, non-exclusive, revocable, limited license to use Nextplus as made available to you by Company. Company may, from time to time, update or modify Nextplus, release new versions of it or create new Services related thereto, each of which may, at Company's discretion, be included within the license described above. You shall not be permitted to sublicense or transfer any of your rights hereunder including, without limitation, access to the Nextplus application. You shall not reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the Nextplus application, including, without limitation, any of the software comprising or in any way making up a part of it.
When you download Nextplus, you may do so through a third party's app store. If you do so, the following also applies: Company grants you a personal, revocable, non-exclusive, non-transferable license (without a right to sublicense) to download, install and use a copy of the Application on a single mobile device that you own or control solely for your personal and professional use, subject at all times to this Agreement. Furthermore, with respect to any App Store Sourced Application (as defined below), you will only use the App Store Sourced Application on a product running the operating system for which it was intended. You acknowledge that the terms of this Agreement are between you and us and not with the owner or operator of the App Store ("App Store Owner"). As between the App Store Owner and us, we, and not the App Store Owner, are solely responsible for the Nextplus application, including the content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You also agree to pay all fees (if any) charged by the App Store Owner. The following applies to any Application downloaded through a third party app store (e.g. Apple, Android) ("App Store Sourced Application"):
(a) Your use of the App Store Sourced Application must comply with the App Store Owner's "Terms of Service" or equivalent terms. (b) You acknowledge that the App Store Owner has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the App Store Owner, and the App Store Owner will refund the purchase price for the App Store Sourced Application to you (if any) and to the maximum extent permitted by applicable law, the App Store Owner will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Company and the App Store Owner, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company.
(d) You and we acknowledge that, as between Company and the App Store Owner, the App Store Owner is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between Company and the App Store Owner, Company, not the App Store Owner, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
(f) You and we acknowledge and agree that the App Store Owner, and the App Store Owner's subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of this Agreement, the App Store Owner will have the right (and will be deemed to have accepted the right) to enforce the terms herein as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
(g) You represent and warrant that you are not (i) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) listed on any U.S. Government list of prohibited or restricted parties.
(h) Without limiting any other terms herein, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
Use of the Services
You are responsible for your use of the Services, and for any use of the Services made using your device. You agree not to access, copy, or otherwise use the Services, including our Content and Marks, except as authorized by this Agreement or as otherwise authorized in writing by us. If you decide to enter a mobile phone number, country, or other personal information in connection with your use of the Services, you agree only to enter the mobile phone number associated with your account, your country of residency or origin and other accurate personal information about you. You also agree not to use the Services:
to violate any law or regulation;
to violate or infringe other people's intellectual property, privacy, or other rights;
to transmit anything that is illegal, abusive, harassing, racist, hateful, or otherwise objectionable in our opinion;
to transmit images that are sexually explicit, pornographic, obscene, or otherwise objectionable in our opinion;
in violation of our published Community Guidelines or other published policies;
to violate any contract, rules or policies that govern the use of your mobile device, as directed by your wireless carrier and mobile device manufacturer;
to send unwanted messages, make unwanted calls or transmit unauthorized advertising or commercial communications, such as spam;
to transmit any malicious or unsolicited software;
to stalk, harass, or harm another individual;
to impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
to violate any requirements, procedures, policies or regulations of networks connected to any of the Services; or to interfere with or disrupt any of the Services.
You are responsible for all device connection charges incurred by you when you use the Services. If you use the Services on a cellular network (rather than via Wi-Fi), standard data rates may apply, according to your wireless plan. And if you're traveling outside of your home country, please check with your wireless carrier before using the Services on a foreign cellular network (rather than via Wi-Fi), as international data roaming may apply and can get expensive very quickly.
Usernames, Nextplus Phone Numbers and Other IDs
We reserve the right to reclaim any Nextplus usernames and other unique IDs on behalf of businesses or individuals that we believe may have trademark rights or other legal claims to them.
You may be provided with a Nextplus phone number to be used by you in connection with your use of the Services. Nextplus phone numbers are owned by us (or our suppliers) and may be reclaimed by us should your Nextplus account be terminated for any reason, and for free Nextplus phone numbers, due to non-activity.
Submissions and Messages
Nextplus may allow you to submit material for hosting, display, and distribution to others ("Submissions"), such as posting or sharing photos, profiles, audio and video clips, and other content. When you send a Submission using the Services, you hereby grant us and our affiliates, representatives and assigns a non-exclusive, fully-paid, royalty-free, world-wide, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, and otherwise use and reuse all or part of your Submission (and anything we make using your Submission) through our Services and our platform. We reserve the right to display advertisements in connection with your Submissions, and to use your Submissions to advertise and promote the Company and our Services.
We are not required to host, display, or distribute any Submissions, and we may refuse to accept or transmit Submissions, and may remove them from the Services at any time. All Submissions, whether publicly posted or privately transmitted, are the sole responsibility of the person posting the Submission. We may not monitor or control Submissions and we cannot take responsibility for Submissions. Any use or reliance on any Submission posted via the Services is at your own risk.
By sending a Submission, you promise that you own all rights to your Submission or, alternatively, that you have the right to give us the license described above. You also promise that you have paid and will pay in full all fees or other payments related to the use of your Submission. Finally, you promise that your Submission does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We always welcome and appreciate your feedback and suggestions about the Services. You understand that we cannot necessarily respond to or implement feedback or suggestions, but if we do, you understand and agree that we may use them in any way we deem reasonable without compensation or attribution to you.
If you have questions or need help using the Services, please feel free to email us with your questions or comments at support@Nextplus.me. We try to respond to support questions within 24 hours.
By using the Services, you consent to our communicating with you by text message or other electronic means and that certain information about your usage of the Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly notify us by e-mail at support@Nextplus.me, to ensure that your messages are not sent to any person that may acquire your old number.
We respect the intellectual property rights of others. Upon proper notice, we will remove any content that violates copyright law. We will also terminate the accounts of repeat infringers. If you believe your work has been copied in a way that constitutes copyright infringement, please send our copyright agent a notification with all of the following information:
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material; information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and your physical or electronic signature.
Please send all of the information described above to our copyright agent by e-mail at: copyright@textPlus.com or by mail at Copyright Claims, c/o textPlus, Inc., 13160 Mindanao Way, Suite 350, Los Angeles, CA 90292. Please don't send notices or inquiries about anything other than alleged copyright infringement to our designated agent. Promptly after receipt of a valid removal notification, we will remove or disable access to the allegedly infringing content. We will also notify the party that posted it of your claim that the material is infringing (which may include a copy of your notice) and will give that party an opportunity to send us a written counter-notification that the content is not infringing or that the party otherwise had the right to post the content. If we receive a valid counter-notification, we will forward it to you and you must then notify us within 10 business days that you have filed an action seeking a court order to restrain the other party from engaging in the allegedly infringing activity. If we receive such notification from you, we will not restore the content. If we do not receive such notification from you, we may reinstate the content.
Links to Other Websites
Other End User License Agreements
We enhance and update Nextplus and our Services often. We may also need to discontinue Services we offer from time to time. You understand and agree that we may modify or discontinue Nextplus or our Services, with or without notice to you. We will not be liable to you or any third party should we modify or discontinue Nextplus or our Services.
We reserve the right not to provide Nextplus or our Services to any user, and to terminate any Nextplus user at any time, in our discretion. If you violate any of terms of this Agreement, we may terminate your permission to use Nextplus or our Services.
Disclaimer of Warranties and Limitations on Our Liability
WE TRY TO KEEP NEXTPLUS OPERATING, BUG-FREE, AND SAFE, BUT YOU USE NEXTPLUS AND THE SERVICES AT YOUR OWN RISK. NEXTPLUS AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO NEXTPLUS AND THE SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT).
WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH NEXTPLUS OR THE SERVICES, OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO OR FROM NEXTPLUS OR THE SERVICES. YOU AGREE THAT WE WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF NEXTPLUS OR THE SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM NEXTPLUS OR THE SERVICES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH NEXTPLUS OR THE SERVICES BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH NEXTPLUS OR THE SERVICES.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH NEXTPLUS, THE SERVICES OR ANY LINKED WEBSITE. YOU AGREE THAT WE ARE NOT A PARTY TO AND WILL NOT BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF NEXTPLUS OR THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH NEXTPLUS OR THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS AGREEMENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, AND OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE USE OF NEXTPLUS OR THE SERVICES.
IN ANY EVENT, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING HEREUNDER OR RELATED TO YOUR USE OF NEXTPLUS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US (IF ANY) IN THE SIX MONTH PERIOD IMMEDIATELY PRECEDING YOUR CLAIM, OR (B) $50.
YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND COMPANY, THAT THE SAME REFLECT AN ALLOCATION OF RISK BETWEEN THE PARTIES (INCLUDING THE RISK THAT A CONTRACT REMEDY MAY FAIL OF ITS ESSENTIAL PURPOSE), AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS REGARDING YOUR USE OF NEXTPLUS AND THE SERVICES AND THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
You agree to indemnify, defend, and hold harmless us, and our parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) any information (including your Submissions, messages, feedback, or any other content) you or anyone using your account or device submit, post, or transmit using Nextplus or the Services; (b) the use of Nextplus or the Services by you or anyone using your account or device; (c) the violation of this Agreement by you or anyone using your account or device; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity or other proprietary rights by you or anyone using your account or device. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
This Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions. If any provision of this Agreement is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. Our failure to enforce any right or provision of this Agreement will not be deemed a waiver of that right or provision.
Dispute Resolution/Waiver of Class Actions
You and Company agree to resolve any disputes between us in accordance with this Section. If you have any dispute with Company, please contact Company using the contact information provided herein. We will do our best to address your concerns and we will attempt to resolve any disputes with you amicably. Except as provided herein, you and Company agree that we will resolve any disputes between us that we cannot resolve as provided above through binding and final arbitration instead of through court proceedings. All controversies, claims, counterclaims, or other disputes arising between you and Company relating to Nextplus, the Services or this Agreement (each a "Claim") shall be submitted for binding arbitration in accordance with the rules of the American Arbitration Association ("AAA"). If AAA is not available to arbitrate, the parties shall agree to select an available alternative dispute resolution provider ("ADR Provider") and the rules of such provider shall govern all aspects of the arbitration. 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. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence 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 or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Company must abide by the following rules: (a) the arbitration will be conducted solely based on written submissions; and (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules. The parties shall first attempt to agree on a location for the hearing and if the parties cannot agree on a location within ten (10) days, the hearing will take place in Los Angeles County, California.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company 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.
This agreement to arbitrate does not preclude you from seeking action by federal, state, or local government agencies. You and Company also have the right to bring qualifying claims in small claims court. In addition, you and Company 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 this Agreement, nor a waiver of the right to have disputes submitted to arbitration as provided in this Agreement. Neither you nor Company 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. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Company's individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. 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 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 this Agreement. This Section will survive the termination of your relationship with Company.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION OR TO HAVE A TRIAL BY JURY, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES OR THE RULES OF AN ADR PROVIDER.
Reasonable Usage Policy
We want all of our users to take advantage of our industry low calling rates; in fact, we may offer some users unlimited calling plans within certain countries or territories. In order to prevent fraud and abuse of our calling plans, we're publishing this Reasonable Usage Policy (this "Policy") to make clear what's reasonable and allowed and what's impermissible usage.
Normal, Reasonable Use
NEXTPLUS AND OUR SERVICES (INCLUDING OUR UNLIMITED CALLING PLANS) ARE INTENDED FOR NORMAL, PERSONAL, INDIVIDUAL NON-COMMERCIAL USE ONLY.
UNAUTHORIZED OR EXCESSIVE USE BEYOND THAT NORMALLY EXPERIENCED BY A TYPICAL INDIVIDUAL MAY RESULT IN IMMEDIATE SERVICE TERMINATION.
Nextplus GO Usage
Certain Nextplus GO Service Plans allow unlimited calls to landline and mobile phones in the United States and Canada, excluding Puerto Rico, other U.S. territories and the Canadian Northwest Territory ("Unlimited Plan"). Calls associated with your Unlimited Plan are included in your Unlimited Plan subject to a usage limit of 2,500 minutes per month, per Unlimited Plan purchased. The maximum duration for a call using the Unlimited Plan is 3 hours. The minutes included in each Unlimited Plan do not roll over from month to month and will be lost if not used within that month. Once the minutes included in your Unlimited Plan have been used, you may not use additional minutes for the balance of the month.
SMS (text) messages are included in your Unlimited Plan subject to a usage limit of 5,000 text messages per month, per Unlimited Plan. Usage in excess of 5,000 text messages per month is considered excessive and is a violation of the Policy. Once the text messages included in your Unlimited Plan have been used, your ability to send text messages will be suspended for the balance of the Unlimited Plan billing cycle.
The Nextplus GO service is powered by the Nextplus application. Users are required to access and use the Nextplus application to initiate calls and texts when the Nextplus GO SIM card is installed in the user's phone. Users who initiate calls using their phone's dialer or who initiate texts using their phone's texting functionality (as opposed to using the Nextplus application) will be in violation of the Policy and will be subject to suspension of the calling and texting feature until the end of the current billing cycle or complete termination of the Nextplus GO service. Termination of the Nextplus GO service will also result in forfeiture of any unused data balance.
You may not use Nextplus GO Services in a manner that impairs the user experience of other users, or that otherwise impairs network performance.
Company does not generally offer or participate in "Premium SMS" services or campaigns. Premium SMS services usually involve sending a text message to a designated "short code" or attempting to buy SMS services from anyone other than Company. Premium SMS campaigns include casting a vote, expressing your opinion, playing a game, or participating in interactive television programs through the use of a wireless phone.
You should not attempt to participate in Premium SMS services or campaigns other than those authorized by Company. Any text message you send to a "short code" not authorized by Company will likely not go through. Any charges you may incur as a result of your attempts to participate in Premium SMS services or campaigns not authorized by Company are not refundable.
We evaluate customer usage and general calling patterns in comparison to typical levels of permissible usage engaged in by legitimate customers.
While not exhaustive, these are the types of uses that would be considered impermissible under our Policy:
allowing others to access your Nextplus account and use your calling plan;
operating a business or other enterprise, including any telemarketing;
operating a call center or similar service or engaging in auto-dialing of any kind
engaging in illegal or fraudulent behavior; and
reselling your calling plan minutes to others.
Other practices may be relevant in determining reasonable usage and we reserve the right to take any abnormal or unusual activity into account in making a determination. We may terminate a user's account or suspend his or her calling plan subscription immediately if we determine that a user is using a calling plan contrary to this Policy or other policies. We also reserve the right to change the Policy at any time, which change will become effective as provided in the "Changes" section below.
If and to the extent any portion of the Nextplus GO Service requires a fee payment or incremental payment or subscription, you agree to pay Company any applicable fee posted for the Services. By completing and submitting any credit card or other payment authorization through the Services, you are authorizing Company to charge the fees to the account you identify, including automatic renewal fees (subject to our cancellation policy below). You must keep all billing information, including payment method, up to date. You agree to pay us for all charges incurred under your account, including all applicable taxes, fees, and surcharges. You authorize and direct us to charge your designated payment method for these charges or, if your designated payment method fails, to charge any other payment method you have on file with us. Further, you authorize and direct us to retain information about the payment method(s) associated with your account. During any free trial or other promotion, if any, you will still be responsible for any purchases and surcharges incurred using your account.
You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges, and purchases made by you or anyone you allow to use your account (including your children, family, friends, or any other person with implied, actual, or apparent authority) or anyone who gains access to your account as a result of your failure to safeguard your username, password, or other authentication credentials or information.
Nextplus GO Cancellations & Refunds
During the first 30 days of your NextPlus GO monthly subscription, the entire monthly subscription price, taxes and fees that were paid at the time the Nextplus GO service was purchased are refundable within 30 days of purchase, regardless of whether the SIM card has been activated or not. Refunds can only be applied to the original credit card or payment account that was used to complete the purchase. Once a subscription is automatically renewed, the amount paid at the time of the initial purchase is not refundable.
After the first 30 days of your NextPlus GO monthly subscription, your prepaid Nextplus GO monthly subscription can be cancelled at any time. To cancel your subscription, please visit nextplus.me/account. When you cancel your subscription after the first 30 days, you may use the Service until your next subscription renewal date. There is no prorating or refund of Service fees. Any unused Service at the time of termination will not be refunded or transferred.
The SIM card does not need to be returned if a refund or cancellation is applied.
Any promotional or bonus minutes, credits or data allowance that is included with a new Nextplus GO subscription and/or SIM card that are issued upon activation are not transferable or refundable. Promotional and bonus minutes, credits and data allowances have no cash value.
Nextplus GO Taxes, Fees, and Surcharges
As a Nextplus GO subscriber, you agree to pay all taxes and fees imposed by governments or governmental entities. Company may not give advance notice of changes to taxes & fees. To determine taxes & fees, we will use the street address you identified as your billing address. This is your primary place of use ("PPU"). If you did not identify the correct PPU, or if you provided an address (such as a PO box) that is not a recognized street address, does not identify the applicable taxing jurisdictions or does not reflect the Service area associated with your telephone number, you may be assigned a default location for tax purposes. In the event of a disputed tax jurisdiction location or with respect to any disagreement regarding the taxes and fees assessed on your bill, you must request a tax refund within 60 days of our notification to you that the tax has been assessed.
Nextplus GO Coverage Map
You will find coverage maps on our website. These maps are for general informational purposes only and depict the general coverage area of Nextplus GO. Company does not guarantee coverage or Service availability and the coverage maps are not a guarantee of coverage. Coverage is not available everywhere. The coverage maps display only the predicted and approximate optimal wireless coverage for voice calls, while outdoors, of the network on which your phone may be activated. The coverage areas shown do not guarantee service availability and may include locations with limited or no coverage. Within coverage areas, there may be significant limitations or interruptions in coverage that may impact service and result in dropped and blocked connections, slower data speeds or no data connectivity and call interference. This could occur due to many factors including your device, network changes, network traffic volume, network outages, technical limitations, signal strength, the terrain and your proximity to buildings, foliage and other obstructions, weather and other conditions. You will not be able to operate your phone or make 911 calls if service is not available. Some features on your device may not operate when roaming on the network of a network roaming partner. If you travel outside of your coverage area, your phone will not work. The coverage depicted on our coverage maps is based on the information provided by other carrier partners and public sources and we cannot guarantee their accuracy. Coverage maps for your network may also vary based on your home location so please refer to our website for the most up-to-date coverage map applicable to your device and geographic area. Company is not responsible for any Service outages, interruptions in service or decline in the quality of service regardless of the cause.
Nextplus GO Roaming
The Nextplus GO service does not support roaming at this time. Roaming occurs when a subscriber of one wireless service provider uses the facilities of another wireless service provider.
Nextplus GO Emergency Calls
The Nextplus GO service does not support emergency calling when your phone is only connected to the service via WiFi and not the cellular network. If you are in an area where your Nextplus GO service is searching for a cellular signal or there is no cellular signal or service, it is highly probable that a call to 911 will not go through. Do not rely solely on your Nextplus GO service in an emergency situation. In an emergency, locate the nearest landline phone and call for help.
COMPANY MAY AMEND THIS AGREEMENT FROM TIME TO TIME, EACH OF WHICH AMENDMENTS SHALL BE DEEMED TO BE EFFECTIVE UPON POSTING THE UPDATED AGREEMENT WITHIN THE NEXTPLUS APPLICATION AND WHICH SHALL BE EVIDENCED BY A NEW EFFECTIVE DATE SHOWN ABOVE. IF COMPANY MAKES ANY MATERIAL CHANGES, WE WILL NOTIFY YOU BY SENDING YOU AN EMAIL TO THE LAST EMAIL ADDRESS YOU PROVIDED TO US (IF ANY) AND COMPANY MAY REQUIRE YOU TO PROVIDE CONSENT TO THE UPDATED AGREEMENT BEFORE FURTHER USE OF THE NEXTPLUS APPLICATION IS PERMITTED. OTHERWISE, YOUR CONTINUED USE OF THE NEXTPLUS APPLICATION OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE WITH THE MODIFIED TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE NEXTPLUS APPLICATION OR SERVICES. YOU SHOULD CHECK THE NEXTPLUS APPLICATION, SERVICES AND THIS AGREEMENT REGULARLY TO ENSURE YOU REMAIN CURRENT ON THE TERMS SET FORTH HEREIN.
Notice to California Users
Under California Civil Code Section 1789.3, users of mobile applications from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You may contact us at textPlus, Inc. 13160 Mindanao Way, Suite 200, Marina del Rey, CA 90292 USA or at support@Nextplus.me.