Terms of Service
Last Updated: December 4, 2025
Introduction
Guiding Principles
Phreeli is fully committed to your digital privacy. Our mission is to provide affordable mobile telecommunication services with privacy by design. We strive for a trustworthy, secure experience free of trackers, surveillance, and intrusion.
We don’t want to overload you with paperwork, but we feel it’s important to set rules of the road for your purchase of our products and services. These terms help us make clear what we can and can’t do for you and how we can promote a healthy and safe environment for Phreeli and its customers (sometimes referred to here as "Subscribers"). To that end, please carefully read the following document, along with our Privacy Policy. If you have any questions, please contact us at legal@phreeli.com.
NOTE THAT THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS YOU MAY BE WAIVING CERTAIN RIGHTS TO BRING DISPUTES IN COURT AND BEFORE A JURY.
Detailed Terms and Conditions
These Terms of Service (this “Agreement”) form a binding contract between you and Phreeli Company, a corporation formed under the laws of Delaware, United States (“Phreeli”, “us,” “we,” or “our”). You are agreeing to the terms and conditions of this Agreement by purchasing a data or rate plan (your “Plan”) for Mobile Services, purchasing a Device, or otherwise using our Digital Services. The terms “Mobile Services,” “Device,” and “Digital Services” are defined below. For convenience, Mobile Services and Digital Services will collectively be referred to as the “Services.”
This Agreement is not the only set of terms applicable to the Services. Your Plan will have specific terms (your “Plan Terms”) applicable to it, and your Device may also have documentation including additional terms. To the extent your Plan Terms or any other, more specific terms conflict with this Agreement, such terms will control.
We may update this Agreement from time to time at our sole discretion. All changes are effective upon posting and apply to all access to and use of Services thereafter. Your continued access to or use of Services after posting of revised terms confirms your agreement to such terms.
PRODUCTS & SERVICES YOU MAY PURCHASE
What mobile services can I purchase from Phreeli? How can I terminate mobile services?
Phreeli’s mobile services include voice, roaming, SMS, and data telecommunications services (collectively, the “Mobile Services”). Mobile Services plans are paid month-to-month by default and may not be cancelled mid-cycle. You may terminate access to the Mobile Services by: (a) turning off auto-renewal on your plan, and (b) refraining from purchasing a new plan.
What products can I purchase from Phreeli?
Phreeli offers devices, including SIM cards, for purchase with Mobile Services enabled (collectively, the “Devices”).
Can I return a Device that I bought from Phreeli?
You may request a return of your Device for any reason within 7 days of purchase. Service fees are non-refundable.
ELIGIBLE CUSTOMERS
Who can purchase Phreeli products and services?
The Devices and Services are generally available to all adults residing in the continental United States and Puerto Rico, except as stated below (see "Who cannot purchase Phreeli products and services?").
To purchase Services, you must provide:
The nine-digit US zip code of your residential address; and
A valid payment method.
We will additionally need your name and a valid mailing address if you purchase Devices from us. You may additionally provide a backup contact method for you (e.g., a phone number or email address) in order to restore your account.
By providing the information stated above, you represent and warrant to Phreeli that such information is correct and complete and that you are otherwise eligible to receive services in accordance with this Agreement. We reserve the right to ask for additional information about you at sign-up in order to comply with our legal obligations.
Phreeli accounts are limited to one (1) per person.
Who cannot purchase Phreeli products and services?
You may not purchase Devices or use the Services if:
you are under the age of 18;
you reside in Alaska or outside of the United States or Puerto Rico;
your use of the Services would violate US laws, regulations, or sanctions; and
you are not competent to execute a contract for payment.
PRICING, PAYMENTS, & TAXES
Do I need to prepay for Devices?
Phreeli requires payment for Devices prior to shipping.
Do I need to prepay for Services?
Phreeli requires pre-payment for Mobile Services on a month-to-month basis. Phreeli can apply payments and prepayments in any order and to any amounts owed by you on any account you hold.
How will I be billed for the Services?
You are responsible for all charges incurred at initial purchase and through the applicable Mobile Services term. If you do not pay on time, you will not have access to Mobile Services. Phreeli may charge a returned payment fee at the highest amount permissible by law.
You may, but are not required to, opt in to automatic payments on a month-to-month or more frequent basis. Unless required by law, Phreeli will not give additional notice or obtain additional consent from you before issuing charges to the payment method provided to us. You may be required to pay an additional service charge or fee, depending on the channel or payment method used.
Can I dispute charges to my account?
If you have any questions about your bill or want to dispute any charges, please contact us at billing@phreeli.com.
Are taxes or other charges included in my bill?
Your Plan’s pricing is listed in US dollars and is inclusive of all taxes, charges, and fees for the applicable Device purchase or Plan term. We have this policy in place as a method of protecting your privacy to ensure that your home tax rate cannot be used to identify you. We will use the zip code you provide at sign-up to determine the applicable tax rates.
What payment methods does Phreeli accept?
Subscribers can pay by any method accepted via our website, which generally includes most debit/credit cards. If we offer the ability to pay with cryptocurrency, please make sure you understand the risks of paying with cryptocurrency. Specifically, most cryptocurrency payments will require payment of network fees, which will be charged in addition to your Plan rate. Additionally, cryptocurrency prices are volatile as compared to US dollars, and there is therefore a substantial risk that the price paid for your Plan may be, retrospectively, significantly higher or lower than expected.
NETWORK COVERAGE
Can I use Mobile Services anywhere?
Realistically, we can’t guarantee service absolutely everywhere, all of the time. Factors such as your Device, location, surrounding environment, weather, geography, topography, server speeds of the websites you access, network problems, network or internet congestion, software, signal strength, or actions of third parties can all impact the speed of your Service.
As a result, you may occasionally experience Service interruptions, delays, or have your experience limited in other ways. We do our best to provide the best service we can, but ultimately, we aren’t responsible for any interruptions, delays, or limitations of your Service caused by these or other factors.
On rare occasions, we may give you a telephone number that is not in your home rate center. If we do that, there could be long-distance charges to landline users if they call you on your Phreeli-issued phone number.
What about roaming?
It is possible that, under certain circumstances, the Subscriber’s device may roam if the Subscriber is outside of their network coverage area and within the United States, or any territory of the United States. Roaming occurs when a subscriber of one wireless service provider uses the facilities of another wireless service provider. Although there are no additional charges for using the Services while roaming domestically, Phreeli does not guarantee your ability to roam, nor the availability and/or the quality of Mobile Services involved while roaming. Mobile Services may be restricted, slowed, suspended, or terminated for significant roaming, misuse, abnormal use, interference with Phreeli’s network, or actions that affect our ability to provide quality service to other Subscribers. Separate charges or limits for Services may apply while roaming.
Is international long-distance calling included in my plan?
Yes. Through our partner Elite Telecom, we offer long-distance calling to all of the destinations listed here. Elite Telecom's ILD Consumer Agreement is provided below and applies to all long-distance calling.
OTHER SERVICES
What other services does Phreeli provide? How can I use them?
Phreeli may, from time to time, offer media, features, content, software products, and services via its website and one or more mobile applications (the “Digital Services”). Unless otherwise stated, Digital Services are offered free of charge and are made available solely for your personal, non-commercial use.
You are solely responsible for obtaining the Internet or data network access necessary to use the Digital Services and any updates thereto. We do not guarantee that the Digital Services, or any portion thereof, will function on any particular hardware or device or that use of the Digital Services will be uninterrupted or free from delays or malfunctions.
MODIFICATION AND TERMINATION OF SERVICES
If we choose to terminate or modify the Services or any particular portion of the Services, we will use reasonable efforts to notify you of that termination or modification. You agree that Phreeli will not be liable to you or any third party as a result of our termination of your access to the Services, except that we may offer a prorated refund of any prepaid amounts for your then-existing plan term. You are personally responsible for any orders that you place, or charges that you incur, prior to termination. Phreeli may change, suspend, or discontinue any or all aspects of our Services at any time without prior notice.
If you cease payment for Services, we will hold your number for up to 120 days after expiration of your Mobile Services. After 120 days, we will release your phone number for use by other customers.
YOUR OBLIGATIONS
What are my rights in the Services? Are there any restrictions on my use of the Services?
Subject to your compliance with this Agreement, Phreeli grants you a personal, non-commercial, non-exclusive, non-transferable, limited right and license to use its Services (for the Mobile Services term, if applicable). You are not granted any rights or licenses in or to the Services other than the limited right to use the Services in accordance with this Agreement.
By using the Services, you agree:
To comply with all applicable laws when accessing or using the Services;
Not to impersonate someone other than themselves or assign or otherwise transfer their account to any other person or entity;
Not to cause threat, nuisance, annoyance, inconvenience, or property damage to any third party, including without limitation engaging in “robocalling,” “spam” calling, or any other form of automated dialing;
Not to (i) use the Services in any way that could disable, overburden, damage, or impair Phreeli’s systems, including (without limitation), excessive use of service from our underlying network’s roaming partners, (ii) introduce into the Services any viruses, Trojan horses, worms, or other malicious code, or (iii) attempt to gain unauthorized access to the Services or the servers on which the Services are administered or connected to;
Not to (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services, (ii) reproduce, modify, create derivative works of, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Phreeli, (iii) decompile, reverse engineer or disassemble the Services, except as may be permitted by applicable law, (iv) link to, mirror or frame any portion of the Services, (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services, or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Not to run Mail list, Listserv, any form of auto-responder or “spam” on the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
Not to run “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services (through use of manual or automated means);
Not to engage in any other conduct that (i) restricts or inhibits anyone’s use or enjoyment of the Services, or (ii) may harm Phreeli, its affiliates, licensors, or customers, as determined by Phreeli.
If you fail to comply with any of the foregoing restrictions or use the Services for an illegal or unintended purpose, you may be denied access to or use of the Services.
Are there other terms and conditions?
Yes. Additional terms and conditions may apply to purchases of Devices or Mobile Services and/or to specific portions or features of Phreeli’s website, including promotions and other similar features, all of which terms and conditions are made a part of these terms by this reference. The Subscriber agrees to act in accordance with such other terms and conditions.
Am I required to indemnify Phreeli?
Yes. The Subscriber agrees to indemnify and hold harmless Phreeli and any of its subsidiaries and affiliates, vendors, suppliers, and licensors and their former, current, and future officers, directors, employees, insurers, contractors, successors, and assigns from any and all liabilities, penalties, claims, causes of action, and demands brought by a third party (including the costs, expenses, and attorneys’ fees) arising from the Subscriber’s use of any Phreeli product or Service, or the Subscriber’s breach of this Agreement, whether based in contract or tort, including strict liability, and regardless of the form of action.
PHREELI’S OBLIGATIONS
What are Phreeli's Service obligations?
Phreeli will make reasonable efforts to provide Customers Mobile Services as described in its offering materials. Phreeli may make changes to any Service offered on its website, or to the applicable prices for any such Service, at any time, without notice. Phreeli reserves the right to modify, amend, remove, or restate the terms at any time. The Subscriber’s use of any of the Services after the posting of modifications to these terms will be considered the Subscriber’s acceptance of the terms, as modified.
Do I have unlimited data on my Plan?
Yes. However, you have a limited amount of high-speed data on your Plan. After you exceed your high-speed data, your data download and upload speeds will be limited.
Is Phreeli required to connect emergency calls?
Yes, of course. But you should understand that Mobile Services will never be perfect, and errors can occur.
911 and alert services rely on the location and other information obtained from your device, and from you. We are required to collect and use location information that you relay to us when you contact 911 so that police, fire, and rescue people can find you. You can adjust location information shared over emergency calls on your device settings, but note that, even with limited location services, emergency responders may have access to your location.
If you are in an area where your phone is searching for a wireless signal or there is no wireless signal or wireless service, it is highly probable that a call to 911 will not be transmitted. You must not rely on Mobile Services in an emergency situation. In an emergency, you are advised to locate the nearest landline phone.
We give Subscribers the option to provide a physical address for emergency calls placed over WiFi calling. You are not obligated to provide this address, but you will not be able to make emergency calls over WiFi without providing that information.
FRAUD & ABUSE REPORTING
If you become aware of any fraud or abuse in connection with a Mobile Services account, please contact us immediately at legal@phreeli.com. We will, at no cost to you, investigate any reports of fraud or abuse.
If we receive notice of fraudulent SIM-swap or port-out request in connection with your account, we will provide any data we’ve collected regarding such request upon written request.
WARRANTIES
Are there any warranties?
Generally, no. The Services are provided on an “as is” and “where is” basis. By using Phreeli’s Services, you agree that Phreeli will have no liability (except as expressly stated in this Agreement) for any failures, outages, limitations, defects, malfunctions, delays, or errors in the Services. Phreeli makes no representations or warranties of any kind, either express or implied, regarding title, merchantability, suitability, non-infringement, fitness for a particular purpose, or otherwise in connection with any product or Service.
Not all Services are available for purchase or use in all sales channels, in all areas, or with all devices. Services are subject to transmission limitations caused by a number of factors outside of Phreeli’s control, including certain equipment and compatibility issues, network prioritization, and atmospheric, topographical, and other conditions. Service may be temporarily refused, limited, interrupted, or curtailed by Phreeli’s mobile network carrier without prior written notice.
All plan rates, features, functionality, and other product specifications are subject to change without prior notice or obligation.
LIABILITY
Is there a limitation of liability?
Yes. To the extent permitted by law, Phreeli cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of the Phreeli’s Services. Phreeli will not be liable for any damages or injury, including special or consequential damages that result from (1) any failure of performance, error, omission, interruption, defect, delay in operation of transmission, or computer virus, or (2) the use of, or the inability to use, the Services even if there is negligence by Phreeli or any authorized representative of Phreeli. This limitation and waiver also applies to any claims the Subscriber may bring against any other party to the extent that Phreeli would be required to indemnify that party for such claim. The Subscriber also agrees that Phreeli is not liable for failure or delay in connecting a call or text to 911 or other emergency service, or for problems caused by the Subscriber or a third party, by any act of nature, or by any criminal activity by someone unrelated to Phreeli.
Phreeli’s total liability to the Subscriber for all losses, damages, and causes of action in contract, tort (including, without limitation, negligence or otherwise) will not exceed the amount the Subscriber paid to the Phreeli to use the Services in the month or billing period (whichever is greater) in which such liability arises.
DISPUTES
How will disputes be handled?
If you dispute any charge or are otherwise not satisfied with a product or service, please contact us legal@phreeli.com.
You understand and agree that, by accepting this Agreement and using the Services, you waive the right to bring a claim against Phreeli in court or in front of a jury. You also waive the right to participate as a class representative or class member on any class claim that either side may have against the other, including class arbitrations or any consolidation of individual arbitrations.
To the maximum extent permitted under law, any claim, dispute, or controversy of whatever nature arising out of or relating to this Agreement and/or the Services must be resolved by final and binding arbitration under the American Arbitration Association’s (“AAA”) Rules for Arbitration of Consumer-Related Disputes. The AAA Rules are available at www.adr.org/rules or by calling the AAA at 1-800-778-7879.
Despite any provision of applicable law, the arbitrator will not have power to award damages, remedies, or awards that conflict with this Agreement. The Subscriber agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of Phreeli’s Services or this Agreement must be filed within one (1) year after that claim of action came to be or it will be forever banned. Unless the Subscriber and Phreeli agree otherwise, any arbitration hearings between Subscriber and Phreeli will take place in Sussex County, Delaware.
If any part of this arbitration clause is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful parts should be removed from this Agreement. The removal of the unenforceable or unlawful provision should have no impact whatsoever on the rest of this arbitration clause or the parties’ ability to seek arbitration of any remaining claims on an individual basis under the arbitration clause. To the extent that any claims move forward on a class, collective, consolidated, or representative basis, those claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. These arbitration provisions will survive the termination of the Subscriber’s relationship with Phreeli.
NOTICE TO PUERTO RICO CUSTOMERS
DERECHO A OBJETAR SU FACTURA
Por disposición de las Leyes 213 del 1996 y la Ley 33 del 1985, cualquier cliente tiene derecho a presentar una reclamación u objeción sobre la totalidad o parte de la factura; tiene hasta veinte (20) días a partir del envió de la factura. Primero, tiene que objetar y reclamar a Phreeli Company, Inc. comunicándose al 929-447-2600, o por escrito al legal@phreeli.com. También puede visitar la página electrónica phreeli.com. De no efectuar el pago o no haber objetado dentro del plazo de 20 días; Phreeli Company, Inc. podrá suspender, desconectar y dar de baja el o los servicios. La objeción de un cargo, no le releva del pago de los cargos no objetados. Negociado de Telecomunicaciones de Puerto Rico (NET) Si usted NO está de acuerdo con el resultado de la reclamación, podrá solicitar una revisión al Negociado de Telecomunicaciones de Puerto Rico (NET) dentro de un término de treinta (30) días calendario, contados a partir de la notificación del resultado de la reclamación; llamando al 1(866) 578-5500 / 787-722-8606 / 787-756-0804. También puede enviar un email a: querellasnet@jrsp.pr.gov o puede enviar una carta a: División de Querellas del NET, 500 Ave. Roberto H. Todd, (Pda. 18, Santurce), San Juan, PR 00907-3941 o visitar personalmente las oficinas del NET ubicadas en el 500 de la Ave. Roberto H. Todd, Pda. 18 en Santurce.
NOTICE TO CALIFORNIA CUSTOMERS
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
PRIVACY POLICY
The Subscriber’s use of Phreeli’s Services is subject to its Privacy Policy which can be reviewed here. Our Privacy Policy provides you with more information regarding how Phreeli collects and uses your information.
MISCELLANEOUS
This Agreement is governed and construed in accordance with the laws of the State of New York, without consideration for conflict of law provisions. You and Phreeli consent to personal jurisdiction in New York courts. Any dispute with Phreeli, or its officers, directors, employees, agents, or affiliates, arising under or in relation to this Agreement should be resolved exclusively as specified in the arbitration clause above, except with respect to imminent harm requiring temporary or preliminary injunctive relief. In that case, Phreeli may seek such relief in any court with jurisdiction over the parties.
This Agreement constitutes the entire agreement between you and Phreeli with respect to any Phreeli product or Services. There are no third-party beneficiaries to this Agreement. The failure of either party to enforce any of these terms is not to be construed as a waiver of any of these terms, nor should it in any way impact the validity and enforceability of these terms. No waiver of a breach of any term should be deemed a waiver of any other or subsequent breach of a term. Except as expressly provided, in the event any provision contained in this Agreement is deemed unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
You consent to receiving any notices electronically, including via your account. If you do not provide an email or phone contact method at sign-up, you will be required to diligently check your account on phreeli.com for new legal notices. All notices will be deemed given with 24 hours of posting to our site or your account.
ILD CONSUMER AGREEMENT
Introduction
This ILD Consumer Agreement ("Agreement") sets forth the terms and conditions that apply to Your purchase of Services from NetworkIP, LLC dba Elite Telecom through Marketing Agent. By using the Services, You agree to the terms and conditions in this Agreement and any changes that may be made to the Agreement. If You do not agree to the terms of this Agreement or have any questions about the Agreement, do not purchase or use our products without contacting Customer Service at +1-929-447-2600.
Definitions
"Account" refers to a specific Wireless Telephone Number (MTN) provisioned for a billing cycle, to call a predetermined set of international destinations either purchased or bundled with other services, through a Marketing Agent for a credit limit or unlimited basis, allowing the Consumer to use the Service.
“Add-on” refers to an international calling plan purchased by You through Marketing Agents, in addition to Your mobile plan.
“Top-up” refers to an international calling plan being purchased by You mid-cycle through Marketing Agents to top-up Your exhausted credit value
“Bundled” refers to international calling plans included in the cost of Your Marketing Agents mobile plan.
“Capped Minute(s)” refers to calling specific international destinations that have a limited number of minutes available.
"Unlimited Minute(s)” refers to calling specific international destinations that have an unlimited number of minutes available, subject to the limitations described in this Agreement.
“Elite Telecom," "We," "Our," and "Us" means NetworkIP, LLC (d.b.a. Elite Telecom)
“Marketing Agents” means Phreeli Company and its affiliates, distributors or retailers authorized to market and/or distribute the Service.
“Service” means the International Long Distance (ILD) Service provided by Elite Telecom which provides the Consumer with international calling capability.
“Consumer”, "You" and "Your" means the end-user of the Service also the owner of the Account.
"Website" is the website found at phreeli.com or such other location as designated by Client and contains the specific prices and charges, Service descriptions and other terms and conditions not set forth here that apply to the specific Service.
You can also request information about the specific prices and charges, Service descriptions and other terms and conditions not set forth here that apply to the Service by calling toll free at +1-929-447-2600. This Agreement incorporates by reference the Service’s prices, charges, restrictions and the terms and conditions for using the Service and/or owning an Account, as well as any disclosures, provisions, limitations or other information provided with, or printed on any promotional materials associated with the Service.
International Calling Features
Unlimited and Capped minute Service offerings
Add-on, Top-up or included Bundled Service offerings provisioned to Your Account, may include Capped or Unlimited Minutes to specific international destinations.
If Your Service offering includes Capped Minute destinations, You will receive monthly credits that will be debited based on the number of minutes You consume to specific destinations. . Your credit for Capped Minute destinations can be consumed calling a single destination or pooled/shared with calls to multiple destinations. For example, if You consume 5 minutes to call Cuba, Your available minutes for additional calls to Pakistan would be reduced. The system will prompt you with the available or remaining minutes that can be consumed on each destination attempted. Please note that Your available credit and minutes are renewed at the start of each billing cycle for Bundled and Add-on Services. All calls for Capped Minute Service offerings are billed in one-minute increments.
If Your Service offering includes Unlimited Minutes, it is provided solely for live dialogue between, and initiated by, two individuals for personal use and not for commercial use or resale. UNLIMITED DOES NOT MEAN UNREASONABLE USE. To minimize unreasonable use, each Account with Unlimited Minutes provisioned will be allowed to call up to 20 unique destination numbers per billing cycle which expire 30 days after initial funding or last renewal. The number of personal use calls to these unique destination numbers is not limited and automatically resets when the Your Account is renewed. The Unlimited Minutes destinations being called does not consume any credit values provided with the Service, unless the unique destination number limit is exceeded and Top-up Service is purchased.
If Top-up Service is purchased a separate credit value is added and expires 180 days after last use or 30 days after Your Account suspension. This separate credit value is only consumed if Your monthly credit has been exhausted or the limit on unique destination number is exceeded for Unlimited Minutes. There are no additional fees or surcharges associated with the Services. You may review a list of destinations and their respective minute limits here. The terms and conditions of the Service, including the minutes and/or available destinations in conjunction with the use of the Service are subject to change at any time without prior notice.
You may contact Customer Care at *+1-929-447-2600 if You have any questions about the Services, including the international calling, available minutes or available destinations associated with the Services.
Suspending/Canceling the Service
If We have reason to believe that You or someone else is abusing the Service fraudulently or unlawfully through Your Account, or if Your form of payment for the Service is cancelled, disabled, discontinued or otherwise dishonored, We reserve the right to immediately suspend, restrict, deactivate or cancel the Service and close Your Account without advance notice. In the event of suspension or cancellation of the Service due to any other aforementioned reasons,
Elite Telecom may from time to time discontinue offering the Service, or if necessary, cancel all Accounts, immediately upon a determination by any governmental authority that the provision of the Service is contrary to any law, rule or regulation or upon Your violation of this Consumer Agreement.
The Unlimited ILD Service may be used for personal telecommunications voice services and may not be used for any other purposes, including, but not limited to, loaning or renting Your handset to third parties, conference calling, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing, autodialed calls, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between two individuals. If usage, dialing or calling patterns We deem connote non-personal use, We reserve the right to suspend, terminate or restrict Your Services with no prior notice and not allow You to reactivate the Service.
Elite Telecom and its Marketing Agent are not responsible for any ancillary costs incurred by You, including but not limited to, cell phone provider charges or fees and/or penalties incurred by the You in the event You use the Service for any unlawful purpose.
Restrictions on Use; Intellectual Property
All of Elite Telecom and Marketing Agent trademarks, service marks, symbols, logos, other identifying indicia and the intellectual property rights thereto (collectively “Marks”) are the property of Elite Telecom or its Marketing Agent and You shall have no right in or to the Marks or any right to use the Marks including any and all Marks associated with the Service and the Website. You are not permitted to commercially resell the Service or to print, produce, sell or distribute anything containing the Marks or to sell or distribute any telecommunication products that use or are associated with the Service.
Indemnification
You agree that neither Elite Telecom nor its Marketing Agents shall be responsible for any third party claims against Elite Telecom, Marketing Agent and/or You that arise from Your use of the Service or Your Account. Further, You agree to reimburse Elite Telecom and or Marketing Agent for all costs and expenses related to the defense of any such claims, including attorneys’ fees, unless such claims are based upon Our willful misconduct or gross negligence. This provision will continue to remain in force after the Agreement expires or is otherwise terminated.
Limitations of Liability
This section describes Elite Telecom’s or its authorized Marketing Agent’s responsibility for any claims for damages You may assert arising out of the failure of the Service or any other claims You may assert in connection with the Service, or in connection with the transfer of funds to Your Account or with this Agreement. We are not liable for any Service failures. Except as otherwise expressly provided herein, We and Our affiliates, authorized distributors, Marketing Agents, partners, directors, officers, members and employees are not liable to You or to any third party for any costs, liabilities or damages arising either directly or indirectly from any cause, action or claim relating to the Service, the Website and/or the telecommunication services underlying the Service, including without limitation any actual, incidental, consequential, exemplary, punitive, reliance or special damages, or for any claims for loss of revenue, lost profits, lost use, data, or goodwill or for lost business opportunities of any kind or nature whatsoever. These limitations apply even if the damages were foreseeable or We were told that they were possible, and these limitations apply whether the claim is based upon contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory. We will not be liable for any damages if the telecommunication services underlying the Service are interrupted, or if there is a problem with the interconnection of the Service with the service, products or equipment of some other party. This section will survive the expiration or termination of the Agreement. Because some jurisdictions do not permit the exclusions or limitation of incidental or consequential damages, Elite Telecom’s liability in such jurisdictions shall be limited to the extent permitted by law.
Warranties
You acknowledge that (a) the Service is provided by Elite Telecom “AS IS”, and (b) we make no warranty to You or to any third party whatsoever, directly or indirectly, express, implied or statutory, as to the suitability, durability, description, quality, title, non-infringement, merchantability, completeness or fitness for use or purpose of the Service or any Elite Telecom product associated with the Service. All such warranties are hereby expressly excluded and disclaimed. We also make no warranty that the Service will be uninterrupted or error free. We do not authorize anyone, including, but not limited to, Elite Telecom employees or Marketing Agents, to make any warranties on Our behalf and You should not rely on any such statement. Your use of the Service is solely at Your risk. Because some jurisdictions do no permit the exclusion of certain warranties, these exclusions may not apply to You.
Miscellaneous
Emergency Calls
Elite Telecom’s applications and services are not a replacement for Your cellular service and You will not be able to make emergency calls (e.g. 911) using them. If You do attempt to make an emergency call while using Our application or services, the application will close and the call will be attempted using Your phone’s native dialer over any available cellular network. Our services do not prevent You from using Your phone to make emergency calls, however cellular service may not be available everywhere. If You are in a location without cellular service You will need to make other arrangements. Emergency calls are NOT supported outside the domestic USA.
No Third Party Rights
This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.
Acts Beyond Our Control
Neither You or Elite Telecom or Marketing Agent will be responsible or liable to the other for any failure to perform duties under this Consumer Agreement where that failure is due to an act outside the reasonable control of You, Elite Telecom, or Marketing Agent (Force Majeure Event), including but not limited to the failure to perform due to any of the following: fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, or acts of regulatory or governmental agencies.
Assignment
We can assign all or part of Our rights or duties under this Agreement without notifying You. If We elect to make such an assignment, We will have no further obligations to You under this Agreement or in connection with Your purchase or use of the Products. You may not assign this Agreement without Our prior written consent.
Notices
Any notice from Elite Telecom to You under this Agreement will be provided by one or more of the following: on Our Website, a recorded announcement on a Product, letter, or a call to a telephone number provided by You.
You may contact Us by mail at:
Elite Telecom
119 W. Tyler Street
Suite 100
Longview, TX 75601
You may contact Marketing Agent by mail at:
Phreeli Company 16192 Coastal Highway Lewes, DE 19958
Separability
If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.
Governing Law
This Agreement will be governed by the laws of the State of Texas, without regard to its choice of law rules. This governing law provision applies no matter where You reside, or where You use, purchase or pay for the Products.
Entire Agreement
This Agreement (which incorporates by reference Phreeli’s Terms of Service at https://www.phreeli.com/terms-of-service) constitutes the entire agreement between You and Elite Telecom and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral. This Agreement can be amended only as provided in the Changes to the Agreement section below. No written or oral statement, advertisement, or service or product description not expressly contained in the Agreement or the Website will be allowed to contradict, explain, or supplement this Agreement or the Service. Neither You or Elite Telecom is relying on any representations or statements by the other party or any other person that is not included in this Agreement.
Changes to the Agreement
This Agreement may only be changed in the manner provided for in this section. Elite Telecom through its Marketing Agent may change this Agreement and the information contained elsewhere on the Website from time to time. All such changes will be effective at the time of posting on the Website. You may also request a copy of the revised Agreement by calling Customer Service at +1-929-447-2600.