Terms & Conditions

1.1 Service Plans

Except as otherwise described in this Agreement, you must be enrolled in a Service Plan to utilize our Services. Wireless Service Plan descriptions, including rates and associated talk, text, and data allotments (collectively, “Allotments”), are available on the Kind Wireless website at www.mykindwireless.com.  Service Plan availability, rates, and Allotments may vary by state and are subject to change at any time. You may not be eligible for certain Service Plans or rates. Service Plans that include allocations of voice minutes include caller ID, voicemail, call waiting, and 3-way calling. Service Plans are non-refundable, cannot be transferred to any third party (including another Kind Wireless account or customer), and may not be exchanged or resold. Notwithstanding the foregoing, Kind Wireless may, from time to time, provide refunds in its sole discretion. New subscribers select a Service Plan upon enrollment and existing subscribers can contact Customer Service to change their Service Plan by accessing our customer portal at Mykindwireless.app, dialing 611 from their Kind Wireless Device or calling toll-free at 888-326-6585. Service Plan changes are usually effective at the start of the next monthly service renewal date. 

 

1.2 “Top up” Plans

Kind Wireless subscribers can purchase “Top up” Plans to receive Allotments of talk, text, and data by accessing our customer portal at Mykindwireless.app, calling Kind Wireless Customer Services by dialing 888-326-6585 or 611 from your Kind Wireless Device. “Top up” Plans, including rates and associated talk, text, and data Allotments, are available on the Kind Wireless website at www.mykindwireless.com. “Top up” Plan availability, rates, and Allotments may vary by state and are subject to change at any time. “Top up” Plans are non-refundable, cannot be transferred to any third party (including another Kind Wireless account or customer), and may not be exchanged or resold. Notwithstanding the foregoing, Kind Wireless may, from time to time, provide refunds in its sole discretion.

 

1.3 Talk, Text, and Data Allotments

Talk, text, and data Allotments have no cash value, are non-refundable, cannot be transferred to any third party (including another Kind Wireless account or customer), and may not be exchanged, resold, redeemed, or substituted for cash, merchandise, or services. If you terminate your service, you will forfeit and are not entitled to a full or partial refund for any unused Allotments. Notwithstanding the foregoing, Kind Wireless may, from time to time, provide refunds in its sole discretion. If you use your full talk, text, or data Allotment before the start of a new monthly cycle, the Service associated that allotment with be suspended for the remainder of the monthly cycle, except that you will be able to continue contacting emergency services by dialing 911 and Kind Wireless Customer Services by dialing 888-326-6585 or 611. Suspensions may occur while you are engaged in calls, text communications, or data usage, in which case, Kind Wireless is not responsible for any costs, losses, or damages caused by such interruptions, including to reestablish communications. You may check your Allotment balances at any time free of charge by accessing our customer portal at Mykindwireless.app,, dialing 611 from your Kind Wireless Device or calling 888-326-6585. You are responsible for all usage of Allotments regardless of who uses or possesses your Device and regardless of whether the Device is used with your consent or knowledge. Unused Service Plan Allotments, including Top Up Allotments, expire on the last day of your monthly cycle and will not carry over to the next monthly cycle unless specifically provided for by the Service Plan. 

 

1.4 Use of Voice Allotments

All incoming and outgoing voice calls on your Device, regardless of whether the call is on the network of our Underlying Carrier or roaming, use talk minute allotments, including calls to toll-free numbers but excluding 911 emergency calls, Kind Wireless Customer Service Calls to 611 and Toll-Free Number, and other calls specified herein. Call time is measured in one-minute increments, with a minimum time per call of one (1) minute. Partial minutes of use are rounded up to the next full minute at the end of each call. Kind Wireless does not allow free calls to other Kind Wireless subscribers. Outgoing calls begin the moment you initiate a call and incoming calls begin the moment the signal connection from the caller is established with our facilities. Calls end after you or the other party terminates the call, but not until we receive a signal that the call has disconnected. Call length information displayed on your Device may not be accurate for calculating use of voice allotments. For simultaneous calls (incoming call waiting calls and 3-ways calls), talk minutes may be deducted for each call. Call time may include ring time, incomplete calls, unanswered calls, busy signal calls, voicemail deposit and retrieval time, and time to process call transfers. Calls that begin during one monthly cycle and end in another monthly cycle are generally deducted from talk allotments from the starting monthly cycle. No credit or refund is given for dropped calls.

 

1.5 Use of Data Allotments

All data usage that occurs through your wireless Device (except for data usage that occurs when your Device is connected to Wi-Fi provided by a third party) will be deducted from your data allotment, including all active and passive usage, regardless of who initiates the usage, and whether or not the data transmissions are successful. All data usage is calculated in full-kilobyte increments and actual usage is rounded up to the next full-kilobyte increment at the end of each data session. Data usage may occur whenever your Device is connected to the network of our Underlying Carrier or roaming and transmitting data, including, but not limited to: (a) sending, receiving, or downloading any type of content, including emails, documents, files, pictures, MMS messages, and any other content, (b) accessing websites, (c) downloading and using applications, (d) streaming content, or (e) requesting software updates. Data usage may also occur from normal operation of software used by the network and/or your device, including (i) for access, transport, and routing of data on the network of our Underlying Carrier, (ii) from partial or interrupted downloads and resend requests caused by network errors or when you cancel or attempt to cancel a transmission, and (iii) from unsuccessful attempts to reach websites or use applications. Some applications, content, programs, and software that you download or that come pre-installed on your Device regularly send and receive data transmissions when your Device is powered on to function properly, without you affirmatively initiating transmissions. For example, applications that provide real-time information, location-based services, or synchronization with cloud services frequently or continually send and receive updated information so that it is available to you when you want to access it. In addition, any advertisements or advertiser-related messages or data delivered to your Device, even if delivered to an application, and any messages or content that are initiated in response to an advertisement, use data. Based on several factors (e.g., the specific application, network performance, etc.) data usage may vary widely, even for the same activity. Estimates of data usage (e.g., the size of downloadable files) will not necessarily be an accurate predictor of actual usage. To prevent unintended data usage, you should connect your device to third-party-provided Wi-Fi when available and supported by your Device or power off your Device when it is not in use.

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2. Wireless Devices

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2.1 Compatible Devices

Kind Wireless will provide you with a free SIM that you can use with your own wireless Device. If you provide your own Device, you are responsible for ensuring your Device is unlocked, compatible with and does not interfere with our Services or the network of our Underlying Carrier, and complies with all applicable laws, rules, regulations, and standards. Please see the attached Link listing and describing approved and acceptable Devices. Additionally, your Device cannot be reported as lost or stolen or associated with fraudulent activity. You are responsible for the maintenance of your Device and the purchase and maintenance of any additional hardware or software necessary to use your Device with our Services. Not all Services are available with all Devices, on all networks, or at all times, and we do not guarantee the availability of all Services on all Devices. Some functions and features referenced in the manufacturer’s manual for your Device may not be available when using your Device with Kind Wireless’ Services.

 

2.2 Loss, Theft, Damage, or Destruction

All risk of loss, theft, damage, or destruction of your Device or its accessories is borne by you. Kind Wireless is not responsible for, nor will we issue refunds for any lost, stolen, damaged, or destroyed phones or accessories. In the event your Device is lost, stolen, damaged, or destroyed, you may purchase a replacement Device at your own expense. When you activate a replacement Device, we will apply any remaining Allotments associated with your monthly Service Plan. If your Device is lost or stolen, you are responsible for any usage of your Allotments or charges incurred using your Device until you report the loss or theft to us by contacting Kind Wireless Customer Service at Toll-Free Number. Upon receiving notice of a lost or stolen Device, Kind Wireless will take immediate steps to suspend the Services. If you do not activate a replacement Device or fail to notify Kind Wireless that you have found a lost or stolen Device within thirty days (30) days, we may cancel your subscription to Kind Wireless Services and reassign the number associated with your account to another user. If your Services are canceled or if you choose to terminate your Services following the loss, theft, damage, or destruction of your Device, we will not prorate charges to the date of the cancelation or termination, and you will not receive a credit or refund for any unused Allotments. You agree to cooperate and act in good faith and in a reasonable manner in connection with any investigation of the loss or theft of your Device (e.g., by providing facts, sworn statements, or other information that would help the investigation). Except as otherwise provided herein, if your Device is lost, stolen, damaged, or destroyed, you remain responsible for complying with your other obligations under this Agreement including, but not limited to, payment of any charges.

 

2.3 Software Updates

Kind Wireless may, from time-to-time remotely check, update or change your Device’s software, applications, or programming, including your Device’s electronic SIM card, without notice, to address security, safety, or other issues that may impact your service, our Underlying Carrier’s network, or your Device. These changes may result in the following: data use; modification of your Device; alteration or erasure of data stored on your Device; how you have programmed your Device; or how you are able to use your Device. Kind Wireless is not responsible for lost data or functionality. While your Device is receiving a software update, whether by our action or yours, you may be unable to use your Device in any manner until the software update is complete, including to contact 911 or other emergency services.

 

2.4 Device Software, Content, and Applications

Kind Wireless may offer software, content, and applications, which you may choose to download from Kind Wireless or third-party sources or that may come preinstalled on your Device. These may or may not be branded as Kind Wireless software, content, and applications. These software, content, and applications are licensed, not sold, to you by Kind Wireless and/or its licensors/suppliers for personal, lawful, non-commercial use solely in connection with your use of your Kind Wireless Device with our Services. You may be subject to additional license terms between you and the third-party creator or owner of such software, content, and applications. You acknowledge Kind Wireless or its licensors/suppliers are the intended third-party beneficiaries of these licenses. Your use of these software, content, and applications must comply with their intended purposes, the license, this Agreement, and all applicable laws. You may only make such copies as is reasonably necessary for your personal non-commercial use. You may not (and you agree not to enable others to) otherwise copy, decompile, reverse engineer, disassemble, reproduce, attempt to derive the source code of, decrypt, modify, defeat, or circumvent protective and other digital rights management mechanisms, combine, or create derivative works of the software, content, and applications or any portion thereof. You may not rent, lease, lend, sell, redistribute, transfer, sublicense, broadcast, or cause public performance of the software, content, and applications or any portion thereof. You agree the software, content, and applications contain proprietary information owned by Kind Wireless, its licensors/suppliers, or the creator/owner. Kind Wireless and its licensors/suppliers reserve the right to update, modify, delete, suspend or terminate access to, or impose limits on the use or access of the software, content, and applications at any time, without notice. Without limitation, the warranty disclaimer, limitation of liability, and indemnification provisions found in this Agreement apply to these software, content, and applications.

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3. Charges & Payments

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3.1 Service Period, Charges, Fees, and Taxes

Kind Wireless service allotments will be added to your account on the first day of each Service Period, also known as your Anniversary Date, in accordance with your rate plan for as long as you make any applicable prepayment for services.  The period in which usage of your Service is authorized lasts for a period of up to one (1) month.  Service allotments do not roll-over from month-to-month.

 

You are responsible for paying all one-time and recurring charges that result from your commercial relationship with Kind Wireless and from the use of our Services, whether accrued by you or by another person using your Device or Services, including, but not limited to: (i) one time or recurring Service Plan charges; (ii) Top Up Plan charges; (iii) any applicable Device purchase, upgrade, and replacement charges; (iv) activation, reconnection, prepayment, and other administrative or customer service charges or fees; (v) returned and late payment charges or fees; (vi) roaming, network, and other surcharges; (vii) optional feature charges, such as operator and directory assistance, toll and collect calls, voicemail, and call forwarding, if applicable; and (viii) all required or applicable federal, state, and local taxes, surcharges, fees, and any other regulatory or governmental assessments, whether assessed directly upon you or upon Kind Wireless and billed to you for cost recovery. We do not assess early termination fees. Taxes, fees, and surcharges may vary depending on the billing address associated with your account and may vary from month-to-month based on our or the government’s calculations. We may, but are not obligated to, provide notice of such variances. Advertised rates may not include federal, state, and local taxes, fees, surcharges, and other assessments. All charges, fees, and taxes, once paid, are non-refundable.

 

3.2 Billing and Payment

You may access your monthly invoice, check account balances, buy top-ups, and pay bills via our customer portal located at Mykindwireless.app. You will receive your bill electronically on a monthly basis. You must prepay the balance due before receiving the allotment specified in your service plan.  If you do not prepay, we may suspend your service.  

 

You are responsible for reviewing your bills to ensure that all charges are accurate. Kind Wireless bills will distinguish (a) charges collected and retained by the carrier, including charges for Service Plans, “Top up” Plans, and features, from (b) taxes, surcharges, fees, and any other regulatory or governmental assessments collected by us and remitted to federal, state, or local governments. Cost recovery fees and charges will not be labeled as taxes. You agree to pay for all prepaid charges immediately when billed using a credit or debit card or other valid payment method. You must promptly notify us of any change in your billing address or payment method. 

 

If we attempt to charge your credit card or any other payment account for a charge and the credit card company or other financial institution withholds or declines such payment because there is an insufficient balance or the charge has been disputed (a “Chargeback”), we reserve the right to suspend or terminate your access to our service until the payment is processed or the Chargeback is reversed.

 

By providing payment information and accepting this agreement, you authorize us or our payment service provider to charge your payment method in advance for prepaid payments to ensure that payments are received by any due date. You may cancel the automatic renewal of your Service Plan at any time. We will not, except in our sole discretion, refund, prorate, or credit any charges, fees, or taxes, including if you modify or terminate your service before or have remaining Allotments at the end of your monthly cycle. If you wish to dispute a charge, you must do so in accordance with the dispute resolution process described in Section 8. 

 

3.3 Auto Pay Policy

The following terms and conditions apply if you are enrolled in AutoPay with Kind Wireless: 

You authorize Kind Wireless to, on a recurring basis, automatically charge the debit or credit card account you specified for payments due on your Kind Wireless account. 

 

You understand that Kind Wireless will initiate transfers/charges pursuant to this authorization not to exceed the amount of the selected top-up plus the applicable taxes and fees. Kind Wireless will initiate transfers or charges every 30 days until your service is deactivated or your cancel the AutoPay feature on your account by calling Customer Service at 888-326-6585.

 

Kind Wireless may discontinue processing of recurring charges if unable to secure funds from your debit or credit card for the payments you have authorized due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information you provided. You understand and authorize Kind Wireless to charge any debit or credit cards provided at any time until successful for all delinquent amounts owed to Kind Wireless, as permitted by applicable law. 

 

You understand that this authorization to pay your Kind Wireless account by recurring charges or debits is entirely optional and you may opt out at any time by calling 888-326-6585 and requesting to cancel AutoPay. You are responsible for providing Kind Wireless with accurate payment account information if such information changes in the future. You understand that you may call 888-326-6585 or access my Kind Wireless account online at www.mykindwireless.com one day prior to your next due date to request recurring payments be changed or discontinued. Kind Wireless will not initiate further transfers or charges after you have cancelled and has had at least one business day to process your request. You understand you are not waiving your rights under the Electronic Funds Transfer Act to stop payments by directly contacting the financial institution where you have the checking or savings account you specified, and your exercise of such rights does not constitute a breach of this authorization.

 

3.4 Creditworthiness

Kind Wireless does not condition the provision of Services on a subscriber’s credit rating, credit history, or other method of determining creditworthiness. Kind Wireless does not provide subscriber payment history and other account billing and charge information to any credit reporting agency or industry clearinghouse. No deposits are held or required as a condition of receiving Services nor do we have any preset account spending limits.

 

3.5 Promotions and Rewards

Kind Wireless may, from time to time, provide you with promotional credits, promotional offers, or loyalty rewards (collectively, “Promotions and Rewards”). Promotional credits are typically courtesy account credits due to service issues, device issues, or customer inconveniences. Promotional offers are typically plan, device, and pricing offers that are available for a limited time or when you meet certain conditions. Loyalty rewards are typically rewards for being an Kind Wireless customer. Promotions and Rewards are offered at the sole discretion of Kind Wireless. Promotions and Rewards can only be claimed and redeemed by accountholders and only will be associated with the account of the customer who was offered the Promotions and Rewards. Promotions and Rewards may not be sold or transferred to another Kind Wireless account or to any other person. Promotions and Rewards have no fixed or cash value or equivalent, and may not be exchanged, transferred, resold, redeemed, or substituted for cash, merchandise, or services. If your Kind Wireless Services are terminated for any reason, any Promotions and Rewards offered to you or associated with your account are forfeited. If you fail to make payments on your account or otherwise violate this Agreement, you may lose the ability to claim or redeem Promotions and Rewards. Promotions and Rewards are not your property and Kind Wireless may, in its sole discretion, change, modify, discontinue, suspend, revoke, cancel, or terminate them at any time, with or without notice. Promotions and Rewards may not be available to all subscribers, in all locations, or combinable with other Promotions and Rewards. Promotions and Rewards may be subject to additional terms and conditions as described to you when offered to you. 

 

3.6 Third-Party Purchases

Devices associated with your Services may be used to purchase content, information, applications, and other goods and services from third parties, including in-app purchases (collectively, “Third-Party Purchases”). You are responsible for all charges resulting from Third-Party Purchases and are presumed to have provided the consent and representations required for those purchases regardless of whether the purchases were made by you or someone using a Device associated with your account, including consent for the use and disclosure of your account information to provision and bill for the purchases, consent to use location information to deliver the purchases to the Device, and representations of age for the person using the Device when a purchase is made.  If you cancel or attempt to cancel a download or purchase that is in progress, or if a download or purchase is otherwise interrupted through no action on your part, you may nevertheless be charged in accordance with the terms and conditions associated with the purchase. Kind Wireless will not be liable for any such charges. If you believe your Services were used fraudulently to make purchases, you must notify us immediately and provide us with such documentation and information as we may request (including affidavits and police reports) as evidence of the fraudulent use. After you notify us, we will attempt to help you prevent the fraud by terminating existing Services if possible and practicable, but you will remain responsible for all charges. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to provide reasonable cooperation may result in your liability for all fraudulent usage and charges. Kind Wireless makes no representations or warranties (expressed or implied), to the fullest extent permitted by law, including for merchantability or fitness for a particular purpose, of Third-Party Purchases nor are we responsible for proper download, installation, functionality, or security of Third-Party Purchases.

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4. Service Features, Limitations, and Notices

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4.1 Account Access

You can access your subscriber account information by contacting Kind Wireless Customer Service and providing necessary authentication information. You will only be able to access Customer Proprietary Network Information (“CPNI”), as defined by the FCC, see 47 CFR § 64.2003, by providing a password associated with your account. If you are not able to provide a password, Kind Wireless can only disclose your CPNI by sending it to your address of record or by calling you at your telephone number of record. We may, but are not obligated to, allow you to authorize other individuals to access your account. If you authorize another person to access your account or provide such person with your authentication information, those individuals may be permitted to make changes to your account. You authorize us to provide information about and make changes to your account, including changes to your Service Plan and features, upon the direction of any person able to provide your authentication information. Those changes will be binding on you and Kind Wireless takes no responsibility for those changes. To protect the security of your CPNI, your password should be unique and complex. You should not provide your account authentication information, including your password, to third parties, and such information should be stored safely to prevent third-party access. If you believe your account authentication information was disclosed or accessed by an unauthorized person, we advise you to change the information immediately.

 

To revoke your CPNI consent, or otherwise restrict our use or, disclosure of, or grant of access to CPNI at any time, notify us in writing to Kind Wireless at regulatory@kind-wireless.com and provide your (1) Name, (2) Home Address, (3) Home telephone number (including area code), (4) Telephone number for your mobile phone (including area code), (5) Service billing address, and (6) Service account passcode. Revoking your CPNI consent will not affect your current wireless service. Please see our Privacy Policy for more information.

 

4.2 International Calling and Messaging

International Long Distance service (“ILD”) permits Kind Wireless subscribers to make International Long Distance (“ILD”) calls from the United States to various international destinations as described in our International Calling Plans Link. The list of destination countries may change from time-to-time and we will update our plans when that occurs. Voice minutes for international calls are deducted at the same rate as for domestic calls. To place an international call, you will need to dial the ILD access number and follow the instructions. When placing international calls, you may experience connection failures more frequently than during calls made within the United States. Kind Wireless will not credit minutes for incomplete or dropped calls. International calling may not be available until the next business day after you initiate Service with Kind Wireless or change your phone number. International calling is enabled for direct communications between 2 people; certain numbers (e.g. conference, chat lines, and premium numbers) are not supported and may be blocked. International calling does NOT include text messaging, picture messaging, or video messaging. 

For all other destinations, international calling is not available with any Kind Wireless service plan. International dialing to these destinations will be blocked during account setup, but there is no guarantee that all international calling can be blocked from your handset. If you attempt to make an unpermitted international call and are successful, we may suspend all your voice services for the remainder of the billing cycle, except for emergency calls where available. Subscribers may purchase airtime during this suspension for placing international calls.

International calling is subject to the limitations described herein and in our International Calling Plans. Kind Wireless reserves the right to change the composition of its International Calling plans and offerings at any time without prior notice. Kind Wireless reserves the right to block calls to any country or international number range without notice. Kind Wireless may cease, without notice, providing International Calling if it determines, at its sole discretion, any violation of the International Calling Plan terms, and/or these Terms & Conditions.

 

4.3 Wireless Coverage

The availability of Kind Wireless Services is subject to the geographic coverage area of our Underlying Carrier and its roaming partners. Except as set forth in Section 4.2 above, only domestic U.S. coverage is available. Coverage is not available everywhere in the domestic U.S., and you will not have access to our Services outside the coverage area. A coverage map reflecting the approximate geographic coverage area of our Underlying Carrier and its roaming partners can be accessed from our website, at www.mykindwireless.com. Areas without coverage are shown as gaps. Coverage maps are generated using generally accepted methodologies and standards but are only approximations of actual coverage. There may be locations within the estimated coverage area where actual coverage is limited and you may experience interruptions or reductions in Service quality, including due to interference from buildings and other structures, terrain, and foliage. Additionally, actual coverage at any given time may vary by Service and be affected by factors beyond our control, as described in Section 4.4. Coverage maps and any statements by us, our agents, or dealers about coverage are only intended to provide high-level estimates of our coverage area when you are using our Services outdoors under optimal conditions and do not mean that service will be available under all circumstances, at all times, or without interruption. Kind Wireless does not guarantee or warrant the coverage of the network of our Underlying Carrier or its roaming partners. Where there is no coverage, 911 calls may not reach public safety answering points. In such instances, subscribers should dial 911 from the nearest landline phone. Coverage maps may be updated periodically and without notice to reflect the current operations of our Underlying Carrier and its roaming partners.

 

4.4 Service Availability and Quality

In addition to factors that affect coverage, Service availability and quality may be subject to “Service Limitations”. These include interruptions, delays, or reductions, due to a variety of factors, including, but not limited to: weather and atmospheric conditions; obstructions; electromagnetic interference; use of the Services inside a building or moving vehicle; your geographic location relative to our coverage area; your proximity to wireless cell sites; the capacity of a cell site; the number of other customers connected to the same cell site; other network capacity limitations and congestion; the capabilities and compatibility of your device; network outages or issues on the network of our Underlying Carrier or interconnecting carriers; and priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency. Additional factors that may affect our Services are described in our Broadband Transparency Policy, available at www.mykindwireless.com.  Once identified, Kind Wireless takes reasonable steps to attempt to remedy Service Limitations that are within its control. Service Limitations may also occur as a result of network maintenance, including equipment modifications, upgrades, relocations, repairs, or similar activities necessary or proper for network operation or improvement imposed by Kind Wireless, its Underlying Carrier, or interconnecting carriers. Kind Wireless will use reasonable efforts to notify you prior to the performance of such maintenance and will attempt to schedule its maintenance during non-peak hours. Service Limitations may result in dropped or blocked calls, inability to make or receive calls, inability to send or receive text messages, or inability to access the Internet and other data services. You acknowledge that the Services are provided through the nationwide wireless network of the underlying carrier of our choosing and may be subject to the service availability and quality of our Underlying Carrier. We do not guarantee or warrant the availability or quality of the Services at any given time or geographic location, we are not liable for Service Limitations, and you are not guaranteed compensation or reimbursement for Service Limitations. Notwithstanding the foregoing, if your Services experiences Service Limitations for 24 or more continuous hours by a cause within our control, and you notify Kind Wireless at 888-326-6585 within seven (7) days of the Service Issue, we may, in our sole discretion and on a case-by-case basis, issue you a credit.

 

4.5 Service Security and Optimization

Kind Wireless or our Underlying Carrier may, but are not obligated to, take any action we deem necessary to: (1) address security threats and otherwise protect the networks, Services, systems, and equipment from harm or degradation; (2) optimize, improve, or manage the networks, Services, systems, and equipment; (3) preserve and protect their rights and interests and those of their subscribers and third parties; and (4) otherwise ensure the activities of some users do not impair the ability of Kind Wireless or our Underlying Carrier to provide their subscribers with access to reliable Services provided at reasonable costs. Such actions may include, but are not limited to:

 

1. discontinuing, blocking, or terminating certain categories of Services;

2. restricting, reducing, or limiting the amount of usage of the Services;

3. limiting data throughput speeds or quantities;

4. reducing the size of data transfers;

5. limiting, disabling, or preventing access to particular features;

6. blocking, limiting, or disconnecting access to individual phone numbers or certain categories of phone numbers (e.g., 976, 900), countries, destinations, or providers;

7. limiting the provision of Services at certain times or in certain areas, including due to changes in coverage of our Underlying Carrier or changes in roaming agreements;

8. filtering or blocking certain calls, texts, and data transmissions sent through the network, including spam, unlawful and unwanted telemarketing calls and messages, and malware (we do not guarantee that you will not receive and we are not liable for such calls, text, or transmissions; if you are receiving unwanted telemarketing messages, contact the source and unsubscribe or remove your mobile phone number from the service);

9. blocking calls to you at your request or to other called parties at their request;

10. blocking or otherwise preventing access to third party services or other premium services, features, or content that would generate additional fees or charges billed to Kind Wireless, either directly or through your account as a result of your use of or access to the service, feature, or content;

11. blocking hacking and other attempts for unauthorized access; and

12. blocking or terminating usage that is indicative of uses prohibited by the Acceptable Use Policy (Section 6), including uses that result in abnormally long calls, high costs, or high usage.

 

Some of these actions may interrupt or prevent legitimate communications and usage, including by resulting in dropped or blocked calls, inability to make or receive calls, inability to send or receive text messages, or inability to access the Internet and other data services. For additional information about our network security practices for our data Service, please review our Broadband Transparency Policy at www.mykindwireless.com. 

 

4.6 Wireless Device Location Information

Your wireless Device may be location enabled, which means the location of your Device can be determined by using Global Positioning Satellite (“GPS”), wireless network location information, or other location technology when your device is turned on. Your location information may be used by us, our Underlying Carrier, or third-party services, as described in our Privacy Policy, available at www.mykindwireless.com. Additionally, your location information may be used by 911 and other emergency services, as described in Section 4.7. Your location information may be unavailable if your Device is unable to acquire satellite signals and network coverage, which may prevent you, us, and other services from accessing your location. Satellite signals and network coverage may be unavailable due to a variety of factors beyond our control, as described in Sections 4.3 and  4.4. We do not warrant or guarantee that location-based services will be available at any specific time or geographic location. You may be able to configure the settings on your Device or in third-party services to restrict or disable the sharing of your location information. It is your responsibility to notify individuals who may use your Device that it may be location enabled. 

 

4.7 911 and Other Emergency Services

Your Device’s location information may be used to assist emergency services in finding you, but you should always be prepared to provide both your location information and phone number when contacting 911 or other emergency services. Wireless devices may not always be able to provide 911 dispatchers with your exact location or other information when you make an emergency call. Even when location information is transmitted from your wireless Device to a dispatcher, the information may not be accurate. If you attempt to make an emergency call from your wireless Device in an area where there is no wireless coverage, your call may not go through, in which case, you should try calling again from the nearest landline phone. Kind Wireless does not guarantee that your location information will be transmitted to emergency dispatchers or that any location information that is transmitted will be accurate. Nor does Kind Wireless guarantee that you will be able to contact emergency services in areas where there is limited or no wireless coverage. Kind Wireless is not responsible for failures to connect or complete 911 calls for any reason whatsoever.

 

We or our network supplier may use a variety of information and methods to determine the location of a 911 call, including Global Positioning Satellites, our Underlying Carrier’s wireless network, the street address you have provided us as your primary use location (“Primary Address”), or other information. Even with this information, an emergency operator may not be able to locate you in order to provide emergency services. Other third-party entities are involved in connecting a 911 call and neither Kind Wireless nor its Underlying Carrier determines the public safety agency to which your 911 call is routed. If you are porting a phone number to or from us, we may not be able to provide you with some Services, such as 911 location services, while the port is being implemented. If you are porting a phone number to us, it is your obligation and responsibility to make certain that all information forwarded from the port out carrier is accurate and complete. If you dial 911 while outside the U.S., 911 services may not be available. For important information concerning your limited ability to access 911 emergency services when connected to Wi-Fi Calling on a compatible Device, including your obligation to provide us with your most recent physical location (your “Registered Location”) whenever using the Wi-Fi Calling feature, please refer to Section 4.8 (Wi-Fi Calling Features) of these Terms and Conditions, as well as the 911 & E911 Disclosure posted on the Kind Wireless website.

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