Terms and Conditions

Last Updated: October 27, 2026

1. Introduction, Acceptance, and Scope

1.1 About These Terms. These Terms and Conditions of Service (these "Terms") govern your purchase and use of prepaid wireless services offered under the Helio Mobile brand in the United States. In these Terms, "Helio Mobile," "we," "us," and "our" refer to Helio Mobile LLC, which offers Helio Mobile services, and "you" and "your" refer to the person or organization that purchases, activates, or uses the Services, together with any person who uses the Services through your Account where the context requires.

1.2 The Agreement. Your agreement with Helio Mobile (the "Agreement") consists of (a) these Terms, including the Acceptable Use Policy in Section 16; (b) the plan details and checkout information presented to you when you purchase or renew a Plan; (c) the Helio Mobile Privacy Policy; and (d) the terms of any promotion or optional feature that you accept, as presented to you when you accept it. If the plan details or checkout information for your Plan conflict with these Terms, the plan details or checkout information will control as to that Plan, to the extent permitted by law.

1.3 Acceptance. You accept these Terms when you do any of the following: confirm your acceptance during purchase, enrollment, or activation; pay for any Plan, Service Period, SIM, or eSIM; activate or install a Helio Mobile SIM or eSIM; or use the Services. If you do not agree to these Terms, do not purchase, activate, or use the Services.

1.4 Electronic Communications and Records. You agree that we may provide these Terms, receipts, notices, and other records to you electronically, including by email, text message, or posting to your online account or our website, and that electronic delivery satisfies any requirement that those records be provided in writing, to the extent permitted by law.

2. Definitions

• "Account" means your Helio Mobile customer account, including the Lines, payment information, contact information, and security credentials associated with it.
• "Account Holder" means the person or organization in whose name the Account is established.
• "Allowance" means the voice minutes, text messages, and high-speed data included with your Plan for each monthly service cycle, as stated in the plan details.
• "AutoPay" means the optional feature described in Section 7 under which you authorize us to charge a payment method you designate to renew your prepaid service.
• "Charges" means all amounts payable for the Services, including Plan prices, applicable taxes, government-imposed fees, and any other charges disclosed to you before you incur them.
• "Compatible Device" means a mobile device that meets the requirements in Section 11.3.
• "Line" means a single telephone number and the SIM or eSIM activated with it on the Services.
• "Plan" means the Helio Mobile prepaid wireless plan you select.
• "Service Period" means the prepaid period of service you purchase, which is one (1) month.
• "Service Providers" means the third-party telecommunications, network, and technology providers through which Helio Mobile delivers the Services.
• "Services" means the prepaid voice, text messaging, mobile data, and international long-distance calling services and related features we provide, together with our websites, account tools, and customer support.
• "SIM" means a physical SIM card or an eSIM profile that we provide or authorize for use with the Services, unless the context indicates otherwise.

3. Eligibility and Account Responsibilities

3.1 Eligibility. To purchase the Services, you must be at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater, or a legally emancipated minor, and you must be able to enter into a binding contract. If you accept these Terms on behalf of an organization, you represent that you are authorized to bind that organization. We may decline to provide Services to any person for any lawful reason, including where we cannot verify identity or payment information or reasonably suspect fraud.

3.2 Accurate Information. You agree to provide accurate, current, and complete information, including your name, contact information, and a valid U.S. service address, and to update it promptly when it changes. Inaccurate information may result in incorrect tax calculation, failure to receive important notices, inaccurate emergency address information, or suspension of the Services.

3.3 Account Holder Responsibility. The Account Holder is responsible for all use of the Lines on the Account, including use by family members, other users, and anyone else the Account Holder allows to use a Line; for all Charges incurred on the Account, except as provided in Section 18; for ensuring that every user complies with the Agreement; and for informing every user of the 911 limitations in Section 17.

3.4 Use by Minors. If you permit a minor to use a Line on your Account, you remain responsible for that use, including for deciding whether the Services and the third-party content and applications accessible through them are appropriate for the minor.

4. Prepaid Wireless Services and Third-Party Network Providers

4.1 Helio Mobile's Role. Helio Mobile is a prepaid wireless brand operated by Helio Mobile LLC. We sell the Services to you, are your contracting party under the Agreement, and provide customer support. Helio Mobile does not own or operate the wireless network facilities over which the Services are delivered.

4.2 Third-Party Network and Service Providers. Helio Mobile provides prepaid wireless services through third-party telecommunications and network service providers, supported by its wireless network enabler. Service availability, coverage, network performance, and certain technical features are subject to the capabilities, network management practices, and operational requirements of the applicable providers, as well as your selected Plan and the capabilities of your device.

4.3 No Contractual Relationship With Service Providers. The Service Providers are not parties to the Agreement and have no contractual obligations to you under it. Our use of the Service Providers does not mean that any of them sponsors, endorses, or guarantees the Services. Their names and marks belong to their respective owners.

4.4 Changes to Service Providers. We may change our Service Providers or the technology used to deliver the Services. Some changes may require you to update device settings, install a new SIM or eSIM, or use a different Compatible Device. If a change will materially and adversely affect your Services, we will provide notice as described in Section 21.

5. Service Plans, Pricing, and Allowances

5.1 Available Plans. Helio Mobile currently offers the following Plans. Plan availability and features may change as described in Section 21. The plan details and checkout information for the Plan you purchase describe its Allowances and features.

5.2 Pricing by Service Period. The following prices are charged for each one-month Service Period, in advance at the time of purchase, as described in Section 6. Prices do not include applicable taxes and government-imposed fees unless the checkout information states otherwise.

5.3 Allowances. Allowances are provided for each monthly service cycle. Unless your plan details state otherwise, unused minutes, messages, and data expire at the end of the monthly service cycle in which they were provided and do not carry over. Allowances have no cash value, are not refundable, and may not be sold, transferred to another Line or Account, or exchanged for cash or credit.

5.4 Meaning of "Unlimited". "Unlimited" talk and text means that we do not impose a fixed numerical limit on domestic voice minutes or domestic text messages for ordinary personal use. Unlimited talk and text remains subject to the Acceptable Use Policy in Section 16 and the network limitations described in Sections 12 and 13. No current Plan includes unlimited high-speed data; each data Plan includes the amount of high-speed data stated in its plan details.

5.5 Plans Without Data. Every current Plan includes cellular data in the amount stated in its plan details. If a Plan without cellular data is offered in the future, data-based features on that Plan will work only over a Wi-Fi connection.

5.6 Promotions. We may offer promotional pricing, credits, or other offers from time to time. Each promotion is subject to the eligibility requirements, duration, and terms presented with it. Unless the promotion terms state otherwise, promotions apply only to the Account to which they are offered, are not transferable, have no cash value, and may not be combined with other offers.

6. Advance Payment

6.1 Service Periods Are Prepaid in Full. All Service Periods are prepaid. When you purchase a one-month Service Period, the full price for the entire Service Period, together with applicable taxes and fees, is charged at the time of purchase.

6.2 No Installments During a Paid Service Period. Each Service Period is a single advance purchase. It is not an installment plan, a financing arrangement, or a postpaid account, and you do not owe any additional payment for the Plan during a Service Period you have paid for. Additional Charges arise during a Service Period only if you choose to purchase an optional add-on or a change to your service that is disclosed to you before you purchase it.

6.3 No Annual Contract or Early Termination Fee. Helio Mobile does not require an annual service contract and does not charge early termination fees. Your cancellation and refund rights for a Service Period you have already paid for are described in Section 10.

6.4 Price Changes. We may change the prices of Plans and Service Periods offered for future purchase. A price change will not increase the amount you have already paid for a Service Period in progress.

7. Optional AutoPay and Renewal

7.1 Renewal Options. Your Plan does not renew unless you renew it. You may renew your prepaid service manually by purchasing a new Service Period before your current Service Period ends, or you may choose to enroll in AutoPay. AutoPay is optional and is not required to purchase or use the Services.

7.2 How AutoPay Works. IF YOU ENROLL IN AUTOPAY, YOU AUTHORIZE HELIO MOBILE TO CHARGE YOUR DESIGNATED PAYMENT METHOD THROUGH OUR PAYMENT PROCESSOR FOR YOUR AUTHORIZED PREPAID SERVICE RENEWALS, INCLUDING APPLICABLE TAXES AND FEES, ON A RECURRING BASIS UNTIL YOU CANCEL AUTOPAY. THE RENEWAL AMOUNT AND FREQUENCY WILL BE DISCLOSED WHEN YOU ENROLL. YOU MAY CANCEL AUTOPAY AS DESCRIBED IN SECTION 7.4.

When AutoPay is enabled, our payment processor processes the attempted renewal charge to your designated payment method. Helio Mobile sends a renewal email to the email address associated with your Account on the renewal date. A renewal is completed only when the payment is successfully processed and the service renewal is completed. Any future recurring charge must be consistent with the renewal terms disclosed when you enroll in AutoPay. If the renewal price changes, the applicable price will be disclosed as required by law.

7.3 AutoPay Does Not Guarantee Uninterrupted Service. AutoPay is a convenience. It does not guarantee uninterrupted service. A renewal may fail if, for example, your payment method is declined, has expired, or has insufficient funds, or if the renewal cannot otherwise be completed. If payment fails or your service is not successfully renewed, your Line may be suspended or restricted after your paid Service Period expires, as described in Section 9. You are responsible for keeping your payment information current and for confirming that your service has been renewed.

7.4 Canceling AutoPay. You may cancel AutoPay at any time through your online account or by contacting Customer Support as described in Section 28. To avoid a renewal charge, cancel before the end of your current paid Service Period. Canceling AutoPay does not cancel your service; your Line remains active until the end of the Service Period you have already paid for, after which you may renew manually.

7.5 Updated Payment Information. If you provide a payment card for AutoPay, you authorize us to receive updated card information from your card issuer or card network through any account updater service in which the issuer participates, where permitted by law and card network rules.

8. Charges, Taxes, and Payment

8.1 Charges and Payment Authorization. You agree to pay all Charges for the Services you purchase. By submitting a payment method, you represent that you are authorized to use it and you authorize us and our payment processors to charge it for the Charges you approve. We will not charge you for an optional feature unless you have agreed to it.

8.2 Taxes and Government Fees. Charges include applicable federal, state, and local taxes and government-imposed fees, which may include sales and communications taxes, universal service charges, and prepaid wireless 911 or emergency services fees. In some jurisdictions, certain fees are charged per purchase transaction. Taxes and fees are calculated using your service address or other location information as required by law and may change without notice. Taxes and fees are disclosed at checkout.

8.3 Receipts. We will provide an electronic receipt for each purchase. Because the Services are prepaid, we do not issue monthly bills.

8.4 Declined, Reversed, and Charged-Back Payments. If a payment is declined, reversed, or charged back, we may decline to activate or renew the associated service and may suspend the Line until the payment issue is resolved. If a payment is charged back after Services have been provided, you remain responsible for the amount unless the chargeback is resolved in your favor or applicable law provides otherwise.

8.5 Billing Questions. If you believe a Charge is incorrect, please contact Customer Support promptly, and in any event within sixty (60) days after the Charge, so that we can investigate while relevant records are available. Please provide your name, the affected telephone number, the date and amount of the Charge, and the reason you believe it is incorrect. If we determine that a Charge was made in error, we will refund or credit it. Nothing in this Section limits any right you have under applicable law or the rules of your payment card issuer to dispute a Charge.

9. Service Expiration, Suspension, and Termination

9.1 Expiration of a Service Period. Your Services are available through the end of the Service Period you paid for. Prepaid service is operated in service cycles, and if your Service Period expires without a successful renewal, your Line may be suspended or restricted. While a Line is suspended or restricted, you may be unable to make or receive calls, send or receive messages, or use data, other than as described in Section 17.

9.2 Continued Non-Renewal. If your service is not renewed after it expires or is suspended, your Line may eventually be deactivated, subject to applicable law. When a Line is deactivated, its telephone number may be released and reassigned as described in Section 15.6. We do not guarantee that a suspended Line can be restored, or that a telephone number will be retained, for any particular period after expiration. If you want to keep your number, renew your service before your Service Period ends or transfer your number to another provider before your Line is deactivated.

9.3 Our Right to Suspend, Restrict, or Terminate. We may suspend, restrict, or terminate the Services for any Line, or decline to renew them, if:

• (a) you or any user of the Line violates the Agreement, including the Acceptable Use Policy;
• (b) we reasonably suspect that the Services, the Account, a Line, or a payment has been obtained or is being used fraudulently;
• (c) a payment is declined, reversed, or charged back, or your Service Period has expired without renewal;
• (d) we cannot verify your identity or authority when verification is reasonably required for your protection or by law;
• (e) your use harms or threatens the security or operation of the network, our systems, or the services of other customers;
• (f) you engage in abusive, threatening, or harassing conduct toward our employees, agents, or Service Providers;
• (g) we are required to do so by law, a court order, a governmental authority, or a Service Provider because of the use of your Line; or
• (h) we discontinue a Plan or are no longer able to provide the Services in your area.

9.4 Notice. Where practicable and permitted by law, we will notify you before suspending or terminating your Services and, where the reason can be corrected, give you a reasonable opportunity to correct it. We may act without prior notice where we reasonably suspect fraud, where your use threatens the network or others, where required by law, or where advance notice could facilitate harm.

9.5 Effect of Termination. When your Services are terminated, your access to the Services ends and unused Allowances are forfeited. Refunds, if any, are governed by Section 10. Termination does not relieve you of any obligation to pay Charges incurred before termination.

10. Cancellation and Refunds

10.1 Canceling Your Service. You may cancel your Services at any time by contacting Customer Support as described in Section 28. Transferring your number to another provider also cancels the Line that is transferred, as described in Section 15.4. Unless you request immediate deactivation, a canceled Line remains active until the end of the Service Period you have already paid for, and any AutoPay enrollment for that Line is canceled.

10.2 Refunds. ALL PAYMENTS FOR PREPAID SERVICE PERIODS ARE FINAL AND NON-REFUNDABLE, WHETHER OR NOT YOU ACTIVATE OR FULLY USE THE SERVICE, INCLUDING IF YOU CANCEL EARLY OR TRANSFER YOUR NUMBER TO ANOTHER PROVIDER. NO PRORATED REFUNDS OR CREDITS ARE PROVIDED FOR UNUSED DAYS, MONTHS, MINUTES, MESSAGES, OR DATA. This policy does not exclude refunds required by applicable law or the correction of erroneous charges described in Section 10.3.

10.3 Charges Made in Error. If we determine that you were charged in error, including a duplicate charge or a renewal charge made after you canceled AutoPay in accordance with Section 7.4, we will refund the erroneous Charge to your original payment method.

10.4 Your Rights Under Law. Nothing in these Terms limits any refund, cancellation, or other right that you have under applicable law and that cannot be waived by agreement.

11. SIM and eSIM Activation and Compatible Devices

11.1 Activation. To activate a Line, you must have a Compatible Device and a Helio Mobile SIM or eSIM, complete the activation process, and pay all Charges due at purchase. If you are transferring an existing number, the transfer must also be completed as described in Section 15. Activation depends on our systems and those of our Service Providers and may not be immediate.

11.2 Physical SIM Cards and eSIM. Helio Mobile supports both physical SIM cards and eSIM. A SIM may be used only with the Services and only in a Compatible Device. You may not alter, copy, clone, reprogram, or reverse engineer a SIM. If you choose eSIM, we will provide activation instructions, which may include a QR code or activation code. Keep this information confidential, because anyone who obtains it may be able to install your Line on another device. If you delete an eSIM profile, reset your device, or move to a new device, you may need a new eSIM profile before your Line will work on that device. Do not delete an eSIM profile unless you intend to stop using the Line on that device or Customer Support instructs you to do so.

11.3 Compatible Devices. You are responsible for confirming that your device is a Compatible Device. A Compatible Device must be unlocked or otherwise permitted by its current carrier to operate on the network used by the Services; must support the network technologies and frequency bands required for the Services, including voice over LTE for voice service; must support the SIM or eSIM type you select; and must not be reported lost or stolen or associated with fraud. Any compatibility check we offer is a convenience based on the information available to us and does not guarantee that every feature of your device will work with the Services. Some device features, such as 5G, Wi-Fi Calling, visual voicemail, and mobile hotspot, may not be available with all devices or Plans.

11.4 Device Purchases and Third-Party Financing. Helio Mobile does not finance or lease devices. If you obtain a device through an independent third-party financing or leasing provider, that arrangement is a separate agreement between you and that provider, is governed by that provider's terms, and is not part of the Agreement. Your obligations under any such arrangement are not changed by these Terms, and your prepaid wireless service is not changed by that arrangement. Device warranties, repairs, and returns are governed by the terms of the manufacturer or seller of the device.

11.5 Remote Updates. We or our Service Providers may send network settings, carrier configuration updates, or SIM or eSIM updates to your device to maintain the Services, address security issues, or comply with legal requirements. While an update is being installed, your device may temporarily be unable to make or receive calls, including 911 calls.

12. Coverage, Service Availability, and Network Limitations

12.1 Coverage. The Services are available only where the network used by the Services provides coverage. Coverage is not available everywhere in the United States. Any coverage map we display or refer to is an estimate of anticipated outdoor coverage, is not a guarantee of service, and may not reflect every area where coverage is limited or unavailable.

12.2 5G and 4G LTE. Where we advertise 5G, it means the Services can use 5G technology where 5G coverage is available and your Compatible Device supports it. 5G is not available in all areas or on all devices. Where 5G is not available, your device may use 4G LTE or another available technology. Use of 5G does not guarantee any particular speed.

12.3 Factors Affecting Service. Service availability, quality, and speed may vary and may be interrupted, delayed, or reduced because of factors such as your location relative to network sites; terrain, buildings, and other obstructions; being indoors, underground, or in a moving vehicle; weather; network capacity and congestion; the number of users in the area; your device's capabilities and settings; network maintenance, upgrades, and outages; failures of other carriers; and priority access granted to emergency and national security users during emergencies. These factors may cause dropped or blocked calls, delayed or undelivered messages, slow data speeds, or loss of service.

12.4 Maintenance and Outages. The network and our systems may be unavailable from time to time for maintenance, repairs, upgrades, or because of outages, some of which are outside our control. Where we have advance knowledge of maintenance that will materially affect the Services, we will make reasonable efforts to notify affected customers.

13. Mobile Data and Network Management

13.1 High-Speed Data Allowance. Data Plans include the amount of high-speed data stated in Section 5.1 for each monthly service cycle. "High-speed" describes the network treatment otherwise available to your Line and is not a guarantee of a particular speed. When you use your high-speed data Allowance for a monthly service cycle, your data service will be limited for the remainder of that cycle as described in the plan details for your Plan.

13.2 How Data Usage Is Measured. Data usage includes all data sent and received over the cellular network by your device, whether or not you initiate it, including web pages, email, messaging that uses data, streaming, application activity, advertisements, software updates, cloud backup, and network overhead. Data sent over a Wi-Fi network does not count against your Allowance. Usage indicators on your device or in third-party applications may differ from our records. You can reduce cellular data usage by connecting to Wi-Fi, restricting background data, and disabling automatic updates over cellular.

13.3 Mobile Hotspot and Tethering. Mobile hotspot and tethering are available only if and to the extent described in the plan details for your Plan. Where available, hotspot data counts against your data Allowance unless the plan details state otherwise and is subject to the Acceptable Use Policy and the network management practices described below.

13.4 Network Management. The network used by the Services is shared by many users. To provide reliable service, our Service Providers use reasonable network management practices, which may include prioritizing some traffic relative to other traffic during periods of congestion, managing video streams, and taking security measures to protect the network. Helio Mobile customers' data may be prioritized below that of some other users of the network. During congestion, you may experience lower speeds than other users; when the network is not congested, any effect may be small or not noticeable. Network management practices are applied to manage the network and are not intended to favor or disfavor particular lawful content or applications.

13.5 Broadband Information. Information about the price, data Allowance, performance, and network management practices for each data Plan is provided in the broadband information made available with the Plan at the point of sale and in our Open Internet disclosure.

14. Domestic Calling, Text Messaging, and International Long-Distance

14.1 Domestic Calling. Voice service permits calls to and from telephone numbers in the United States. Calls to certain numbers are not included in any Plan and may be blocked, including premium-rate numbers such as 900 and 976 numbers, satellite telephone numbers, and services associated with traffic pumping. For Plans with a fixed minute Allowance, both incoming and outgoing calls use minutes, and call time may include ring time and time connected to voicemail. Calls to 911 do not use your Allowance.

14.2 Text and Multimedia Messaging. For Plans with a fixed text Allowance, both sent and received messages count against the Allowance. A group message may count as one message for each recipient, and a long message may be counted as more than one message. Messages sent through third-party applications that use data are not part of your text Allowance and use data. We and our Service Providers use filters to block spam, fraud, and unlawful messages, but we do not guarantee that you will not receive unwanted messages, and filtering may occasionally block legitimate messages. Message delivery is not guaranteed.

14.3 When a Fixed Allowance Is Used. If you use all of the voice minutes or text messages included in your Plan for a monthly service cycle, the affected service may be unavailable for the remainder of that cycle unless your plan details provide otherwise. You will still be able to call 911.

14.4 International Long-Distance Calling. Every current Plan includes international long-distance calling from the United States to eligible destinations. The current list of eligible destinations is published on the Helio Mobile website or available from Customer Support. International long-distance calling is subject to the following conditions:

• (a) It applies only to calls you place while you are in the United States and connected to the network used by the Services.
• (b) It does not include international roaming, calls made while you are outside the United States, or international text messaging unless your plan details state otherwise.
• (c) Calls to destinations or number types that are not on the eligible destination list, including premium-rate and satellite numbers, are not included and may be blocked.
• (d) The eligible destination list may change, including because of changes in international carrier arrangements, fraud prevention, or regulatory restrictions.
• (e) It is intended for personal, person-to-person calling and is subject to the Acceptable Use Policy.
• (f) Call quality and completion depend on foreign carriers and networks outside our control.

14.5 International Roaming. International roaming is not included in any Plan. Your Line may not work outside the United States, and you should not rely on the Services, including for emergency calls, while traveling outside the United States.

14.6 Wi-Fi Calling. If Wi-Fi Calling is available on your Line and device, calls and messages made over Wi-Fi use your Allowance in the same way as calls and messages over the cellular network unless your plan details state otherwise. The emergency calling terms in Section 17.4 apply to Wi-Fi Calling.

15. Number Portability and Telephone Number Assignment

15.1 Number Assignment. If you are not transferring an existing number, we will assign a telephone number to your Line. We will try to assign a number associated with the area you request, but we cannot guarantee a particular area code or number.

15.2 No Ownership of Telephone Numbers. You do not own any telephone number assigned to your Line. You have the right to transfer your number to another provider as provided by applicable law. We may change your telephone number if required by law, a numbering authority, or a Service Provider, or for fraud prevention or other legitimate operational reasons, and we will make reasonable efforts to notify you in advance where practicable.

15.3 Transferring a Number to Helio Mobile. You may request to transfer an eligible telephone number from another provider. You must be the account holder of that number or be authorized by the account holder, your account with your current provider must be active, and you must provide the information your current provider requires, which typically includes the account number and a number transfer PIN or passcode. A transfer is not complete until your current provider releases the number, and we do not guarantee that a transfer will succeed or be completed within a particular time. You remain responsible for any amounts you owe your current provider. Some services, including certain 911 location features, may not function fully until a transfer is complete.

15.4 Transferring a Number Away from Helio Mobile. You may transfer your Helio Mobile number to another provider by requesting the transfer through the new provider. You will need the account number and number transfer PIN for your Line, which you can obtain through your online account or Customer Support after verifying your identity. We will process valid transfer requests in accordance with applicable law, and we will not refuse a valid transfer request because your Service Period has not ended. When a transfer is completed, the Services on that Line end, and refunds are governed by Section 10. Unused Allowances cannot be transferred to your new provider.

15.5 Protection Against Unauthorized Transfers. To protect against unauthorized transfers, we require identity verification before providing a number transfer PIN, and we may delay or decline a request that we cannot adequately verify.

15.6 Number Reassignment After Deactivation. If your Line is deactivated and you have not transferred your number to another provider, the number may be released and later reassigned to another customer in accordance with applicable numbering rules. After the number is released, we may be unable to restore it to you.

16. Acceptable Use Policy

16.1 Purpose and Permitted Uses. The network used by the Services is shared by many users. This Acceptable Use Policy protects the network, other customers, and the integrity of the Services. It applies to all Plans, including Plans with unlimited talk and text, and to everyone who uses a Line on your Account. The Services are intended for lawful, personal, non-commercial use, including live voice conversations, person-to-person messaging, web browsing, email, social media, streaming, video calls, online gaming, and downloading and using applications.

16.2 Prohibited Uses. You may not use, or allow or help anyone else to use, the Services, a SIM, or a Line in any of the following ways:

• (a) for any unlawful purpose, to infringe the rights of others, or to transmit unlawful content, threats, or harassment;
• (b) to obtain Services by fraud or with false or stolen identity or payment information, to impersonate another person or entity, or to falsify caller identification with intent to defraud or cause harm;
• (c) to send unsolicited commercial messages, bulk or mass messages, autodialed or prerecorded calls, or other communications that require the recipient's consent where consent has not been obtained;
• (d) for application-to-person messaging, business verification codes or alerts, call center or dispatch operations, or other commercial telecommunications use;
• (e) to resell, lease, or otherwise provide the Services, a Line, or a SIM to others for compensation, or to provide a telecommunications or Internet access service to others;
• (f) for machine-to-machine communications, unattended monitoring, automatic data feeds, server or hosting operations, or cryptocurrency mining, or by installing a SIM in a router, modem, or other equipment not intended for use with the Services;
• (g) to compromise network security, degrade network performance, distribute malware, conduct denial-of-service attacks, or access accounts, devices, systems, or data without authorization;
• (h) to generate traffic for the purpose of obtaining intercarrier compensation, revenue sharing, or other financial benefit, including access stimulation, international revenue share fraud, or call-bridging or SIM-box operations;
• (i) in a pattern of use that is inconsistent with ordinary personal use, such as an extraordinarily high number of calls or messages or calls or connections maintained continuously for extended periods;
• (j) by altering, cloning, or circumventing the security of a SIM or device, or by using an unauthorized or non-compliant signal booster or repeater; or
• (k) in any other way that harms or interferes with Helio Mobile, our Service Providers, other customers, or the public, including abusive or harassing conduct toward our employees or agents.

16.3 Enforcement. If we reasonably determine that a Line is being used in violation of this Acceptable Use Policy, we may, in proportion to the violation and subject to applicable law, warn you, limit or block the affected service or feature, suspend the Line, or terminate the Services under Section 9. Where a violation involves fraud, threatens the network, or creates a risk of harm, we may act immediately. We may report suspected unlawful activity to law enforcement. Our failure to act on a violation does not waive our right to act on that or any other violation.

17. Emergency Services and 911 Limitations

17.1 911 Calls. Your Line can be used to call 911 in the United States, regardless of your Plan and without using your Allowance, when your device is powered on and connected to a wireless network capable of carrying the call. 911 services are provided by state and local public safety agencies. Neither Helio Mobile nor its Service Providers control which emergency call center receives your call.

17.2 Location Information. The network will attempt to provide location information for your device with a 911 call, but location information may be unavailable, delayed, or inaccurate. Always be prepared to tell the 911 operator your location and call-back number, and do not hang up until the operator tells you to do so.

17.3 Limitations of 911 Service. A 911 call may not be completed, or may be routed to an emergency call center that is not the nearest one, if there is no wireless coverage; if the network is congested or experiencing an outage; if your device lacks power, is damaged, is incompatible, or is receiving a software update; or while a number transfer is in progress. A device may sometimes be able to call 911 after service has expired, been suspended, or been deactivated, but this is not guaranteed. If you cannot complete a 911 call from your device, use another telephone if one is available. Outside the United States, 911 may not work.

17.4 Wi-Fi Calling and 911. If Wi-Fi Calling is available on your Line, you must provide and keep current the street address where you use Wi-Fi Calling before using it. That address may be provided to emergency responders when you call 911 over Wi-Fi. If you use Wi-Fi Calling somewhere else, responders may be sent to the wrong location. 911 calls over Wi-Fi may fail if your Internet connection, Wi-Fi network, or electrical power is unavailable. Whenever possible, call 911 over the cellular network.

17.5 Text-to-911, TTY, and Real-Time Text. Text-to-911 is available only where the local emergency call center accepts text messages; where it is not available, you will receive a message instructing you to make a voice call. A voice call is the most reliable way to reach 911. TTY devices may not work over voice over LTE or Wi-Fi Calling. Where supported by your device and the network, real-time text may be used to communicate with 911.

17.6 Wireless Emergency Alerts. Your device may receive Wireless Emergency Alerts from authorized government agencies where supported by the network, your device, and your device settings. Alerts may not be available in all areas, and delivery is not guaranteed.

18. Account Security and Unauthorized Use

18.1 Credentials. You are responsible for keeping your online account password, account PIN, number transfer PIN, and eSIM activation information confidential. Anyone who presents your credentials may be treated as authorized to access and make changes to your Account. Use credentials that are unique to your Helio Mobile Account and change them immediately if you believe they have been compromised.

18.2 SIM Changes and Account Verification. To protect your Account, we require identity verification before processing a SIM or eSIM change, providing a number transfer PIN, or making other significant changes to your Account, and we may notify you through your Line or other contact information on file when such a request is made. We may delay or decline a request that we cannot adequately verify.

18.3 Lost or Stolen Devices. If your device or SIM is lost or stolen, or you believe your Line or Account has been compromised, contact Customer Support immediately so that we can suspend the affected Line. You are responsible for use of your Line before you notify us, to the extent permitted by law. Suspension for loss or theft does not extend your Service Period unless we agree otherwise. You agree to cooperate with any reasonable investigation of unauthorized use.

18.4 Use of Your Line for Authentication. Many third parties send verification codes to your telephone number. We do not control those services and do not guarantee the security of messages sent to your Line. If your Line is compromised, transferred without authorization, suspended, or deactivated, you may lose access to those accounts. We recommend stronger authentication methods for financial, email, and other sensitive accounts where available.

18.5 Security Not Guaranteed. We use reasonable measures to protect the Services and your Account, but no system is completely secure, and we do not guarantee that your communications or data will be private or secure. Unauthorized interception of communications is unlawful, but it can occur.

19. Privacy and Customer Information

19.1 Privacy Policy. Our collection, use, disclosure, and protection of personal information is described in the Helio Mobile Privacy Policy, which forms part of the Agreement. We share information with our Service Providers as necessary to provide the Services, including activation, number transfers, network operation, 911 service, fraud prevention, payment processing, tax calculation, and customer support.

19.2 Customer Proprietary Network Information. Customer proprietary network information ("CPNI") is information about the quantity, technical configuration, type, destination, location, and amount of your use of our telecommunications services that we obtain because of our relationship with you. You have a right, and we have a duty, under federal law to protect the confidentiality of your CPNI. We will disclose call detail information over the telephone only after you provide the password or PIN associated with your Account, or by sending it to your address of record or calling you at your telephone number of record. We will notify you of certain changes to your Account, such as changes to your password, online account, or address of record, as required by law.

19.3 Service Communications. We may send you communications about your Account and the Services, including purchase confirmations, expiration and renewal reminders, AutoPay notices, usage alerts, security alerts, and legally required notices, by text message, email, or other contact methods you provide, as described in our Telephone & Text Message Terms.

19.4 Marketing Communications. With your consent where required by law, we may send you marketing messages by email, text message, or telephone. Consent to receive marketing calls or text messages using automated technology or prerecorded voice is not a condition of purchasing any Service. You may revoke consent at any time by any reasonable means, including by replying STOP to a marketing text message, using an unsubscribe link, or contacting Customer Support.

19.5 Legal Process. We may disclose information about you and your use of the Services when we believe in good faith that disclosure is required by law or legal process, necessary to protect the rights or property of Helio Mobile or others, or necessary in an emergency involving danger of death or serious physical injury, as permitted by applicable law.

20. Third-Party Services and Content

20.1 Third-Party Content and Applications. You may use the Services to access content, applications, websites, and services provided by third parties. We do not control or endorse them and are not responsible for them. They are governed by the terms and privacy policies of their providers, may be inaccurate, offensive, unsuitable for minors, or harmful to your device or data, use data, and may result in charges from their providers. You use them at your own risk.

20.2 Third-Party Calling and Messaging Applications. Third-party calling and messaging applications may not support 911, or may provide 911 service that differs from 911 over the Services, including with respect to location information. We are not responsible for 911 service provided through third-party applications.

20.3 Helio Mobile Websites and Account Tools. We grant you a limited, revocable, non-exclusive, non-transferable license to use our websites and account tools for your personal, non-commercial use in connection with the Services. You may not copy, modify, distribute, reverse engineer, or create derivative works of them except as applicable law expressly permits. The Helio Mobile name, logos, and materials are owned by Helio Mobile LLC or its licensors.

21. Changes to Services and Terms

21.1 Our Right to Make Changes. We may change these Terms, our Plans, Allowances, features, prices for future purchases, Service Providers, and the Services from time to time, including to reflect changes in law, technology, Service Provider requirements, or our business.

21.2 Notice of Changes. We may post updated Terms on our website with a revised "Last Updated" date. We will provide any additional notice of changes required by applicable law. Changes to taxes or government-imposed fees may be reflected in future charges as permitted by law.

21.3 Effect on a Paid Service Period. A change will not increase the amount you have already paid for a Service Period in progress. Changes to Plans or features during a paid Service Period remain subject to applicable law and any mandatory customer remedies. Your rights concerning cancellation and refunds are described in Section 10.

22. Warranty Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, SIMS, AND OUR WEBSITES AND ACCOUNT TOOLS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND HELIO MOBILE AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR AVAILABLE IN ANY PARTICULAR LOCATION OR AT ANY PARTICULAR SPEED, OR THAT ANY CALL, MESSAGE, OR DATA TRANSMISSION WILL BE COMPLETED. NO STATEMENT BY ANY REPRESENTATIVE, RETAILER, OR DEALER CREATES A WARRANTY NOT STATED IN THE AGREEMENT.

The Services are not designed to be fail-safe and should not be relied upon as your only means of communication where an interruption could result in injury or loss. Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you. Nothing in this Section limits any warranty that cannot be disclaimed under applicable law or any warranty provided directly by a device manufacturer or seller.

23. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER HELIO MOBILE NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR LOSS OF ACCESS TO THIRD-PARTY ACCOUNTS, ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICES, AND THEIR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE PERIOD OF THE AFFECTED LINE DURING WHICH THE CLAIM AROSE.

Subject to the preceding paragraph and applicable law, Helio Mobile and its Service Providers are not liable for service interruptions, dropped or blocked calls, delayed or undelivered messages, coverage gaps, or reduced data speeds; failures or delays in connecting to 911 or in transmitting location information, to the extent permitted by law; acts or omissions of third parties, including other carriers, emergency call centers, and providers of third-party services; unauthorized use of your Account or Line resulting from your failure to protect your credentials; unauthorized interception of communications; loss of data stored on or sent from your device; messages blocked by spam or fraud filters; or events beyond our reasonable control described in Section 26.5.

These limitations apply regardless of the legal theory on which a claim is based, but they do not limit liability for fraud, gross negligence, or willful misconduct, or any other liability that cannot be limited under applicable law. Some jurisdictions do not allow the limitation or exclusion of certain damages, so some of these limitations may not apply to you.

24. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Helio Mobile and Helio Mobile LLC, its affiliates, its Service Providers, and their respective officers, directors, employees, and agents from third-party claims, losses, and reasonable expenses, including reasonable attorneys' fees, to the extent arising from (a) a violation of the Acceptable Use Policy or applicable law by you or any user of your Line; (b) fraud or misrepresentation by you or any user of your Line; or (c) infringement of a third party's rights by you or any user of your Line. This Section does not require you to indemnify any person for claims arising from that person's own negligence or misconduct.

25. Resolving Concerns and Disputes

25.1 Contact Us First. Most concerns can be resolved quickly by contacting Customer Support. If a concern is not resolved through Customer Support, please send us a written description of the dispute, including your name, the affected telephone number, the email address associated with your Account, a description of the problem, and the resolution you are seeking, using the contact information in Section 28. We will review your submission and respond in good faith, and we ask that you allow us a reasonable opportunity to resolve the matter before beginning a formal proceeding.

25.2 Small Claims. You may bring an individual claim in a small claims court of competent jurisdiction.

25.3 Government Agencies. Nothing in these Terms prevents you from bringing a concern to the attention of a federal, state, or local government agency, including the Federal Communications Commission, your state attorney general, or your state public utility commission.

25.4 Applicable Law. These Terms do not deprive you of the protection of any mandatory consumer protection law that applies to you. Federal law applies to the Services to the extent it governs.

26. General Provisions

26.1 Entire Agreement. The Agreement is the entire agreement between you and Helio Mobile regarding the Services and supersedes all prior agreements, representations, and understandings on that subject. No statement by a sales representative, retailer, dealer, or support agent modifies the Agreement unless Helio Mobile confirms it in writing.

26.2 Severability. If any provision of the Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.

26.3 No Waiver. Our failure to enforce any provision of the Agreement is not a waiver of our right to enforce it later or to enforce any other provision.

26.4 Assignment. You may not assign or transfer the Agreement, your Account, or any Line without our prior written consent, except as required by law. We may assign or transfer the Agreement, in whole or in part, including to an affiliate or successor, provided that the assignee assumes our obligations to you.

26.5 Force Majeure. Neither party is liable for any delay or failure to perform obligations under the Agreement, other than payment obligations, to the extent caused by events beyond its reasonable control, including natural disasters, severe weather, fire, flood, epidemics, war, terrorism, civil unrest, labor disputes, government actions, power failures, cable cuts, failures of network or other carriers' facilities, and cyberattacks.

26.6 Third-Party Beneficiaries. Our Service Providers may enforce Sections 4.3, 22, 23, and 24. Otherwise, the Agreement does not create rights for anyone other than you and Helio Mobile.

26.7 Survival. Provisions of the Agreement that by their nature should survive termination will survive it, including provisions relating to amounts owed, refunds, telephone numbers, privacy, warranty disclaimers, limitation of liability, indemnification, and resolution of disputes.

26.8 Interpretation and Language. Headings are for convenience only. The words "include," "includes," and "including" mean "including without limitation." These Terms are written in English. If we provide a translation, the English version controls in the event of a conflict, except where applicable law requires otherwise.

27. Notices

We may provide notices to you by email to the address associated with your Account, by text message to your Line or another number you provide, through your online account, by mail to your address of record, or by posting on our website where permitted by law. Electronic notices are effective when sent or posted; mailed notices are effective three (3) business days after mailing. You are responsible for keeping your contact information current. Except where these Terms specify otherwise, you may provide notices to us using the contact information in Section 28.

28. Customer Support and Contact Information

For questions about your Services, your Account, a Charge, AutoPay, cancellation, or these Terms, please contact Helio Mobile Customer Support by email at [email protected], by telephone at (206) 803-7504, or by mail to Helio Mobile LLC, 1522 Western Ave, Ste 24179, Seattle, WA 98101-1522. If we are unable to resolve your concern, you may file an informal complaint with the Federal Communications Commission through its Consumer Complaint Center at https://consumercomplaints.fcc.gov or by calling 1-888-CALL-FCC (1-888-225-5322).

BY PURCHASING, ACTIVATING, OR USING HELIO MOBILE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS.