Last Updated: March 25, 2025.
Your Aelixar Mobile service is provided by TechAether, LLC, including its affiliates, assigns and agents (“Aelixar Mobile,” “Aelixar,” “we,” “us” or “our”). These Terms and Conditions (“T&Cs”) are part of your service agreement with Aelixar and constitute a contract under which we provide you Service under terms and conditions that you accept. Your service agreement (“Agreement”) with us includes (i) these T&Cs, (ii) our Privacy Policy located at aelixar.com/privacy-policy, (iii) any subscriber agreement or transaction materials that you sign or accept, (iv) any supplemental terms and conditions that may apply to any Service plan(s) and/or Device(s) that you select, (v) any confirmation materials that we may provide to you, (vi) the terms set forth in any applicable coverage map brochures, (vii) any other supplemental terms and conditions that we provide or otherwise make available to you, and (ix) any additional provisions linked to in any of the above materials. In the event of a conflict between these T&Cs and any other materials that makeup the Agreement, these T&Cs shall govern to the extent necessary to resolve the conflict.
Please read these T&Cs carefully. They cover important information about our services provided to you (“Service”); your phone, handset, device, SIM card, embedded SIM (“eSIM”) (SIM card and eSIM, to the extent either technology may be available to you depending on your Device, your Service, and/or any other factor(s) in our sole discretion, are referred to interchangeably as “SIM,” “SIM Card,” and/or “SIM Kit”), data card, or other equipment or third party device used with our Service (“Device”); and any access and usage charges, SIM Charges, taxes, fees, assessments, and other charges we bill you or that were accepted or processed through your Device (collectively, “Charges”). These T&Cs include terms regarding service plan changes and late payments, limitations of liability, privacy and resolution of disputes by arbitration instead of in court.
You and any authorized users on your account will have access to account information and may be able to make changes to the account. If you give your personal account validation information to someone, they can access and make changes to your account. Those changes will be binding on you. Authorized changes may require your agreement to new T&Cs.
WAIVER OF JURY TRIAL.BY AGREEING TO ARBITRATE ALL DISPUTES, AELIXAR AND YOU ARE BOTH WAIVING ANY STATUTORY AND CONSTITUTIONAL RIGHTS TO A JURY TRIAL. TO THE EXTENT ALLOWED BY LAW AND TO THE EXTENT THE ADR PROCESS AND THIS ARBITRATION AGREEMENT IS FOUND TO BE UNENFORCEABLE, AELIXAR AND YOU WAIVE STATUTORY AND CONSTITUTIONAL RIGHTS TO A JURY TRIAL. PLEASE BE ADVISED THAT THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT.
Prearbitration Dispute Resolution. Before initiating any arbitration against Aelixar, you must comply with this provision unless you have a Puerto Rico address. For all disputes (except for Puerto Rico customers), you must first give us an opportunity to resolve your claim by calling our customer service department at (302) 261-3783 and providing a written description and supporting documentation of your claim, if requested by the Aelixar care agent. Aelixar and you each agree to negotiate your claim in good faith. If Aelixar and you are unable to resolve the claim within sixty (60) days after Aelixar receives your claim description and supporting documentation, you may pursue your claim in arbitration.
Small claims option. As an alternative to arbitration, Aelixar may choose to resolve payment disputes in small claims court in the county of your most recent billing address. Aelixar and you agree that if you fail to timely pay amounts due, Aelixar may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by applicable law or the Agreement.
You and Aelixar agree that the following rules will apply (the “Arbitration Rules”), depending on which arbitration service provider you select: (1) If ADR Services, the Arbitration Rules then in effect with the ADR Services (https://www.adrservices.com/services-2/arbitration-rules/ ADR Services). (2) If Judicate West, the “Commercial Arbitration Rules” (https://www.judicatewest.com/Services/arbitration Judicate West). for any reason the arbitration service provider you select declines to administer the Claim, you must submit your claim to the remaining arbitration service provider. If both ADR Services and Judicate West decline to administer the Claim, then you or Aelixar may file a petition in Federal Court for the appointment of an arbitrator pursuant to 9 U.S.C. Section 5. Aelixar and you agree to arbitration before a single arbitrator (the “Arbitrator”). The Arbitrator must be a retired judge or appellate justice, but otherwise will be selected pursuant to the applicable Arbitration Rules. Notwithstanding anything to the contrary in Section 22 or any state’s conflict of laws rules, in order to ensure the availability of witnesses, the Arbitrator will sit in Delaware, where Aelixar is headquartered or the communicated jurisdiction and agreed upon, unless your billing address is in Puerto Rico, in which case the Arbitrator will sit in Puerto Rico. . If you live outside of Delaware, the Arbitrator shall permit you to fully participate in the arbitration hearing by videoconference, and the Arbitrator shall have discretion to allow any party to fully participate in the hearing by videoconference upon request. The purpose of this provision is to ensure that the ADR Process is more accessible than a court trial and that you are not dissuaded from bringing a legitimate claim because you need to personally attend court proceedings. In all cases, the Arbitration Rules shall apply, except as modified by the Agreement. Notwithstanding anything to the contrary in the Arbitration Rules, Aelixar voluntarily agrees to the following: if the dispute involves less than $75,000.00, and you agree to limit your maximum recovery to $75,000.00, you may elect to have Aelixar pay for the costs invoiced by the selected arbitration provider (“Arbitration Costs”). To the extent otherwise required by applicable law, the Arbitration Rules, or as required of Aelixar to enforce the ADRProcess, Aelixar will pay for or reimburse Arbitration Costs. Otherwise, Aelixar and you will equally share the payment of Arbitration Costs. . The term Arbitration Costs does not include attorney’s fees incurred by you or Aelixar. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. Puerto Rico customers: Refer to Section 11 for details of the Puerto Rico Telecommunications Dispute Procedure.
Discovery: Notwithstanding anything to the contrary in the Arbitration Rules, to the extent permitted by applicable law, you and Aelixar agree that discovery shall be limited to one deposition per side and ten requests for production of documents and materials, including any electronically stored information, reasonably tailored to the issues in the case, given the Arbitrator’s discretion to limit the production of electronically stored information or shift the cost to the party seeking the production of electronically stored information, depending on the circumstances presented to the Arbitrator. The purpose of this provision is to ensure that the arbitration process is more affordable than an action in Court and that you are not dissuaded from bringing a legitimate claim based on the broader range of discovery permitted in a court action. Notwithstanding the foregoing, the Arbitrator will have discretion, upon a showing of good cause and necessity to ensure a fair hearing on the merits, to expand the limits of discovery to include additional depositions, additional document requests, or expanded to include written interrogatories in lieu of additional depositions.
CLASS ACTION WAIVER. AELIXAR AND YOU EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding against Aelixar (Tech Aether LLC).
3.1 General. Subject to our plan refund policies as described in Section 3.2 and 15.3 below, you may cancel or we may terminate, suspend, or adjust (in accordance with these T&Cs and our Acceptable Use Policy) any Service plan that you purchase from us at any time; provided that, except as otherwise required by applicable law and our Refund Policy, you will not receive any refund of amounts paid to us in connection with any such Service plan whether cancelled by you or terminated, suspended, and/or adjusted by us.
3.2 Plan Refund Policy (Cancellations). You may request a refund and cancel your new Aelixar service activation for any reason within seven (7) calendar days of activation, and we will refund the full purchase price and any associated taxes and fees, as long as you: (i) have purchased a Aelixar plan on aelixar.com; and (ii) complete our refund request form located at www.aelixar.com/return-policy return-policy to cancel your new service activation (collectively, the “7-day money back guarantee” or “7-day risk-free trial”). ”). For plans purchased through Aelixar’s official amazon.com page, refund requests must be made through Amazon, or any third-party e-commerce website or physical store as the location of purchase. You are not required to physically return the SIM kit in order to cancel your new service activation. Refunds will be processed within ten (10) business days after you contact us. We will not refund any funds loaded into your account, including any unused data or international roaming. You are not eligible to request a refund for a new Aelixar service activation or SIM kit when forty-five (45) calendar days have passed since the date of purchase (“45-day refund exclusion”). SIM kits that are subject to the 45-day refund exclusion and that are not subsequently activated will automatically become inactive after three (3) years following the date of purchase. For avoidance of any doubt, this Refund Policy does not apply to any other purchase of Aelixar products or services, including but not limited to any Aelixar plan purchased from a national retail partner’s store or any other store or website.
For our Refund Policy for the Aelixar Trial Plan offer, including the Aelixar 7-Day Trial Kit and Aelixar See For Yourself Kit, see the below section, “Trial Plan Terms and Conditions.”
For our Plan Refund Policy where we suspend, adjust, or terminate Service in accordance with these T&Cs and our Acceptable Use Policy, see below Section 15.3.
For our Device, SIM Kit, and Accessory Return Policies, see below Section 15.4
3.3 Activation period. All service plans, including promotional plans and Trial Plans, must be activated within 45 days following the date of purchase. We reserve the right to suspend or terminate any plan or service that is not activated within 45 days following the date of purchase.
8.1 General. Your Service will operate only after you have purchased and redeemed an Aelixar Service plan. We may offer plans that can only be activated through the Aelixar application including, but not limited to, our 7-Day Trial Kit and/or our See for Yourself Kit (each, a “Trial Plan”). Trial Plan access to the Aelixar service will cease according to the specific terms of your Trial Plan. Trial Plans are not renewable and you must become a paid subscriber to the Aelixar service in order to continue your access to the Aelixar service. For certain Trial Plans, you may only be able to transfer your mobile phone number from your existing carrier when you purchase a standard Aelixar service plan; for these Trial Plans you will instead be assigned a temporary mobile phone number. Upon converting a Trial Plan to a standard Aelixar service plan, you may choose either to keep the temporary mobile phone number or to transfer your mobile phone number from your existing carrier. Visit our website located at aelixar.com for specific details. If you have activated any Trial Plan, you will not be able to transfer the temporary phone number associated with that Trial Plan to a new carrier unless you convert your Trial Plan to a three, six, or twelve month plan. For all other Aelixar service plans, airtime expiration is subject to the terms of your plan. Your account may be canceled for any violation of these T&Cs or the Acceptable Use Policy, or if the following occurs: (1) your airtime has expired (e.g., after 90 days on any 3-month plan) without a successful renewal payment, which places you in suspended status, and (2) you have not successfully paid for any plan renewal for 60 days or more while in suspended status. Upon cancellation for any reason, we may reassign the phone number associated with your account, and you may be unable to transfer that number to a different carrier. To ensure uninterrupted service, you are required to renew your account before your airtime expires. Please visit our website located at aelixar.com for the latest information regarding our Service plans and Trial Plans.
8.2 Charges. You agree to pay all Charges, including SMS Charges, that we bill you or that were accepted or processed through your Device. All Aelixar plans are measured on 30-day monthly cycles (including for purposes of determining your data usage levels, as described below in Section 8.6), except that 12-month plans may be measured on 30-day and/or 31-day cycles, for a maximum of 365 days total. We may offer you the opportunity to set up automatic payments through the method of payment on your account, which payments will be automatically charged at the end of your applicable payment cycle (“Auto Renew”). When you enroll in Auto Renew, automatic payments for plan fees that you incur will continue until you cancel. The recurring charge may vary if you change your plan or we change our prices, following notice to you. You may cancel Auto Renew or review your payment preferences at any time by (i) contacting our customer service department at (302) 261-3783, or (iii) managing your account preferences on the Aelixar website. You must change your Auto Renew preferences or cancel 24 hours prior to the end of your payment cycle in order for the change to go into effect. No minimum purchase is necessary to enroll in Auto Renew. For disputed Charges, see Section 11.
Aelixar may provide you with the opportunity to purchase certain of our Services via SMS text messages using your Device (“SMS Charges”). SMS Charges must be enabled through your Aelixar Account. All SMS Charges, including applicable Taxes, Fees, and Surcharges, will first be deducted from the balance in your Aelixar Wallet, and any remainder, if any, will be charged to your credit card. If there is no balance in your Aelixar Wallet, your credit card will be charged for the amount of the SMS Charge. Please note that Aelixar Wallet balance, renewal balance, and amount due, may be displayed in $0.01 (one cent) increments only, and may be rounded down to nearest $0.01 (one cent) to ensure accurate recharge amount is calculated and to avoid service interruption. By opting into SMS Charges, you agree to provide us with accurate and complete payment information and to immediately report to us all changes to your payment information.
8.3 Voice Usage. Aelixar Service plans include a voice plan as part of your Service. We round up any fraction of a minute to the next full minute. Airtime usage is measured from the time our network supplier begins to process a call (before the phone rings or the call is answered) through its termination of the call (after you hang up) and the network disconnects. Primary use of voice and SMS (text) services must occur within the U.S.
8.4 Data Usage and Messaging. Aelixar Service plans include a data plan (“Data Plan”) as part of your Service. Data services are intended only for personal use; unless international data roaming is purchased as an add-on, data services are exclusively for use within the U.S. Data usage is rounded up to the next full-kilobyte increment at the end of each data session. Your data usage includes, among other things, text, web browsing, instant or picture messages, and email whether read or unread, sent or received, solicited or unsolicited. We use filters to block spam messages, but we do not guarantee that you will not receive spam or other unsolicited messages, and we are not liable for such messages. All data purchased through an Aelixar Service plan (both data that comes with a particular Aelixar Service plan and any additional data you purchase as an add-on), will expire immediately upon termination of your Aelixar Service plan for any reason.
8.5 Permissible and Prohibited Uses. Your Data Plan is intended for personal Web browsing, messaging, and similar activities on your Device and not on any other equipment. Primary use must occur in the U.S. Other uses, including for example, using your Device as a modem or tethering your Device to a personal computer or other hardware, may be permitted under your Data Plan, but are also subject to our Acceptable Use Policy located at aelixar.com/acceptable-use-policy. Examples of prohibited uses can be found in Section 14 of these T&Cs and in our Acceptable Use Policy.
8.6 Data Usage Level. Aelixar has set a monthly (30-day or 31-day, depending on the plan purchased; see above Section 8.2 for explanation of monthly cycles) 5G and/or 4G LTE data usage level (“Usage Level”) for each of our current, non-Unlimited Service plans (including our 5GB, 15GB, and 20GB Plans). Our network supplier measures your upload and download data usage (“Actual Usage”), including any usage (if available to you) of Mobile HotSpot (tethering), to determine if your total Actual Usage, as aggregated over the applicable 30-day or 31-day period (“Usage Total”), exceeds the 30-day or 31-day Usage Level for the Service plan you selected, at which point you may be unable to send and receive data (which may prevent you from sending or receiving MMS messages) over the Aelixar network until the end of the applicable 30-day or 31-day period, except to the extent you purchase a data add-on. Partial megabytes are rounded up. Please note that “Actual Usage” includes all of your requests to upload or download data, whether or not such data is actually uploaded or downloaded, as well as network overhead. For example, if you request that an image be downloaded to your Device or your Mobile HotSpot (tethering), but travel outside of your network coverage area before the download is complete, such request will be included in your Actual Usage even though the image was never downloaded.The amount of high-speed data available for Mobile HotSpot (tethering) available for any 30-day or 31-day Service period is limited to 10GB for the Unlimited plan and 20GB for the Unnecessary Plan. Currently, we do not reduce data speeds based on your Usage Total on any of our Unlimited Service plans (including our Unlimited Plan and Unnecessary Plan); we manage significant high-speed data usage by Unlimited customers through prioritization, as described in our Network Management Policy. Please note that your data usage is always available for you to review in the Aelixar app and on your Account Management page. Once you begin a new 30-day or 31-day period in your Service plan, your Service plan Usage Level will be reset and your upload and download speeds will be restored (and, to the extent applicable, your data traffic will no longer be prioritized below other traffic), subject to all limitations listed in these T&Cs, our Network Management Policy and our Acceptable Use Policy. For avoidance of doubt, for all Service plans (including Unlimited Service plans), we or our network supplier may also reduce speeds during times of network congestion, or for violation of these T&Cs or Acceptable Use Policy. For additional information, please see our Network Management Policy.
8.7 Protective Measures. For an explanation of our right to limit or end the Service please refer to Section 15 below. Without limiting our right to so limit or end the Service, and to provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance, we or our network supplier may take measures including temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth. In addition, to provide the best possible experience for the most possible customers on Aelixar plans, and to minimize capacity issues and degradation in network performance, we manage significant high-speed data usage of customers on our Unlimited Service Plans through prioritization (see above Section 8.6). If you use your Data Plan in a manner that could interfere with other customers’ service, affect our ability to allocate network capacity among customers, or degrade service quality for other customers, we or our network supplier may suspend, terminate, or restrict your data session, prioritize on-Device over Mobile HotSpot (tethering) traffic, or switch you to a more appropriate Data Plan which may result in an increased cost. We or our network supplier also manage the network to facilitate the proper functioning of services that require consistent high speeds, such as video calling, which may, particularly at times and in areas of network congestion, result in reduced speeds for other services. Additionally, we or our network supplier may implement other network management practices, such as caching less data, using less capacity, sizing video more appropriately for a Device to transmit data files more efficiently, and deploying streaming video optimization technology. Streaming video optimization technology is intended to manage data usage on the network, reduce the risk of streaming video stalling and buffering, and reduce the amount of high-speed data consumption used for streaming video. Streaming video optimization improves streaming video reliability as well as makes room for other users to enjoy higher browsing speeds.The streaming video optimization process is agnostic as to the streaming video content itself and to the website that provides it, however, we or our network supplier may prioritize on-Device data over Mobile HotSpot (tethering) data. While most changes to streaming video files are likely to be indiscernible, the optimization process may minimally impact the appearance of the streaming video as displayed on your Device. These practices operate without regard to the content itself or the source of the content, and do not discriminate against offerings that might compete against those offered by us on the basis of such competition. For additional information, see our Network Management Policy.
⦁ 8.8 Wi-Fi Features. Aelixar, at its sole discretion, may make available Wi-Fi voice and text messaging services, i.e., the ability to originate and terminate calls and text messages over a Wi-Fi connection (“Wi-Fi Calling). If offered by Aelixar, Wi-Fi Calling will only be available for Aelixar customers that (i) have a Wi-Fi capable Device with Aelixar supported Wi-Fi calling capability, (ii) have Wi-Fi Calling service provisioned on their account by calling Customer Support or updating preferences in account management, and updating the applicable Wi-Fi calling settings on your Device, (iii) have a compatible SIM card or eSIM, and (iv) are connected to functioning third-party internet service. Not all services available on Aelixar’s network supplier’s network are available while using Wi-Fi Calling. For example, emergency alerts may not be available with Wi-Fi Calling. You understand and acknowledge that calling 9-1-1 via Wi-Fi Calling uses the internet and operates differently than calling 9-1-1 via traditional telephone services (wireless or wired), including the traditional wireless telephone services offered by Aelixar (see our complete 9-1-1 & E911 Disclosure posted on the Aelixar website at aelixar.com/911-disclosure , which you hereby agree to and is incorporated herein by reference). Solely by way of example, and without limiting any of the disclosures contained in our 911 & E911 Disclosure, 9-1-1 may not work during internet outages or disruptions, when attempting to call 9-1-1 via Wi-Fi Calling from any location. In addition, emergency personnel may not be able to identify your phone number to call you back, and 9-1-1 calls may otherwise be delayed or dropped due to network architecture, when dialing 9-1-1 via Wi-Fi Calling, from any location. In addition, if Aelixar makes Wi-Fi Calling available to you, you must provide us with any update, the physical location at which you will use Wi-Fi Calling (the “Registered Location”). If your Registered Location changes, either temporarily or permanently (e.g., when using Wi-Fi Calling at any other physical location), you must promptly update your Registered Location with Aelixar. You may provide us with your Registered Location at any time within the applicable device settings of a compatible Device. If you do not provide us with an accurate Registered Location and update it promptly for any and all changes in your location as described above, we or our network supplier may block your usage of certain Wi-Fi Networks. You also understand and acknowledge that if you attempt to dial 9-1-1 via Wi-Fi Calling from any location other than your Registered Location, emergency personnel may not be able to identify your location, your 9-1-1 call may not complete, and/or your 9-1-1 call may be routed to emergency personnel in a different location. You understand and acknowledge that it may take up to 2 hours for changes in address to be updated, and you should notify Aelixar in advance of any temporary or permanent changes to your Registered Location as described above. NEITHER AELIXAR NOR ITS NETWORK SUPPLIER IS RESPONSIBLE OR LIABLE FOR ANYTHING RELATED TO YOUR USE OF OR INABILITY TO USE ANY WI-FI CALLING MADE AVAILABLE TO YOU, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF EMERGENCY CALLS (WHETHER 9-1-1 CALLS OR OTHERWISE). ). For additional information regarding dialing 9-1-1, either with or without Wi-Fi Calling, please see Section 7 of these T&Cs. Wi-Fi Calling may decrement Service plan minutes. Most devices will not transition between Wi-Fi and the wireless network.Devices using wireless connections may be vulnerable to unauthorizedaccess data and software stored on the Device.
8.9 Downloadable Content and Applications. Content or applications (e.g., downloadable or networked applications, wallpapers, ringtones, games, and productivity tools) (collectively, “Content & Apps”) that you can purchase with your Device are not sold by Aelixar. Aelixar is not responsible for the Content & Apps, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the Content & Apps. Unless otherwise stated, any support questions for these Content & Apps may be directed to the third party seller.When you use, download or install Content & Apps sold by a third-party seller, you may be subject to license terms, terms of use, a privacy policy and/or other policies between you and that third party. Content & Apps you purchase from third parties are licensed for personal, lawful, non-commercial use on your Device only. You may not transfer, copy, or reverse engineer any Content & Apps, or alter, disable or circumvent any digital rights management security features embedded in the Content & Apps. Content & Apps may not be transferable from one Device to another Device. Some Devices or Content & Apps may continue to have contact with our network without your knowledge, which may result in additional Charges, for example, while roaming internationally. Software on your Device may automatically shut down or limit the use of Content & Apps or other features or Services without warning.Aelixar is not responsible for any third-party content, advertisements, or websites you may be able to access using your Device.
⦁ 8.10 Use of Information. If you visit any third-party website or app store, or download or use any Content & Apps, the third party may access, collect, use or disclose your personal information or require the network carrier to disclose your information, including location information (when applicable) to the Content & Apps provider or some other third party. If you access or use any Content & Apps through the Aelixar Service, you agree and authorize Aelixar and its network supplier to provide information related to such use. You understand that your use of a third-party app is subject to the third party’s terms and conditions and policies, including its privacy policy. Please refer to the Content & Apps creator/owner’s privacy policy for information regarding their use of information collected when you download, install, or use any third-party Content & Apps. We are not responsible for any transmission failure, interruption, or delay related to Content & Apps, or any content or website you may be able to access through the Content & Apps.
⦁ 8.11 Roaming. Your Device may connect to another provider’s network (“Roaming”) even when you are within the Aelixar coverage area. Check your Device to determine if you are Roaming. There may be extra Charges (including long distance, tolls, data usage) and higher rates for Roaming usage, and your quality and availability of service may vary significantly. Our Roaming Charges and rates are subject to change at any time and any such changes are effective forty-five (45) days after the posting of same to the Aelixar website. Please check our website frequently so that you are aware of our Roaming Charges and rates and any changes thereto. Please note that certain international roaming services may be offered on select plans; however, this feature does not include any international data roaming services (which must be purchased for an additional fee). This feature, if offered, may not be used for extended international use; account holder must reside in the U.S. and primary usage must occur in U.S. Your Device must first be activated on home network before international use. Your Service plan may be terminated/restricted for excessive roaming pursuant to these T&Cs (including but not limited to the usage limitations set forth in our Acceptable Use Policy).
⦁ 8.12 Suspension and Cancellation. If your account is deactivated due to nonpayment, your account will be in a suspended status for 60 days. If your account is not reactivated within the 60-day period, it will be cancelled. If your account is cancelled, your remaining balance will be forfeited, except as otherwise required by applicable law. For any cancelled accounts, we may reassign the phone number associated with your account, and may be unable to transfer that number to a different carrier.
⦁ 8.13 eSIM. Only available on compatible and eligible, unlocked devices, on certain plans, at certain times, in Aelixar’s sole discretion. Compatible and eligible devices, and the availability of eSIM (or SIM cards), are subject to change in Aelixar’s sole discretion. The current list of eligible devices may be provided (pursuant Section 5). Customers with compatible and eligible devices are permitted to switch between an eSIM and a physical SIM card and vice versa. Limited to one activated eSIM per device.
9.1 General. All international long-distance services included in your Service are handled by a third party not affiliated with Aelixar, and are delineated on your receipts separately from the services provided by Aelixar.
⦁ 9.2 International Roaming. Your Aelixar Service plan may include, or we may offer for purchase on certain select Service plans, international roaming credits or daily or multi-day passes (collectively referred to in these T&Cs as “Credits”), including 1-day, 3-day, 10-day and/or other multi-day passes offered via Aelixar-international Pass, for your use of certain types of international roaming service (e.g., voice, SMS, and/or data roaming) while you are traveling abroad. The amount of Credits that you receive in connection with your Service plan, and the type and format of those Credits (including, in the case of daily or multi-day passes, the exact duration of the pass), may be determined by us in our sole discretion, and additional details are available on our website. When your balance of Credits is zero (or, in the case of daily or multi-day passes, when the time allotment of the pass has expired), you will not be able to use international roaming Service. Please be aware that except as provided by these T&Cs, Aelixar will be under no obligation to offer any refunds or reimbursements for Credits that you receive from Aelixar.
⦁ 9.3 International Texts. “Global Text” and “Unlimited Global Text” means text or unlimited text only to applicable mobile-to-mobile destinations, and excludes audio, picture, and video messaging. Data usage rates and Charges may apply if you send audio, pictures, and/or video messages to an international mobile-to-mobile destination. Pursuant to Section 8.11, this feature may not be used for extended international use; account holder must reside in the U.S. and primary usage must occur in U.S. Your Device must first be activated on home network before international use. Your Service plan may be terminated/restricted for excessive roaming pursuant to these T&Cs (including but not limited to the usage limitations set forth in our Acceptable Use Policy).
10.1 Recovery Fee. The Recovery Fee is assessed by Aelixar to help recover Aelixar’s administrative and certain other costs associated with complying with various federal, state, municipal, local, and other governmental programs, statutes, regulations, taxes, fees, and charges, now in force or enacted in the future.
The Recovery Fee is calculated as a flat, per-plan fee (refer to table below), plus an additional 2.5% of the plan cost which is applied to help recover other administrative fees.
| Service Plan | Flat Per-Plan Fee |
|---|---|
| 1 Month 5GB | $1.50 |
| 1 Month 15GB | $2.00 |
| 3 Month 5GB | $4.50 |
| 3 Month 15GB | $4.75 |
| 3 Month 20GB | $5.00 |
| 3 Month Unlimited | $5.50 |
| 3 Month Unnecessary | $6.00 |
| 6 Month 5GB | $7.50 |
| 6 Month 15GB | $7.75 |
| 6 Month 20GB | $8.00 |
| 6 Month Unlimited | $8.75 |
| 6 Month Unnecessary | $9.75 |
| 12 Month 5GB | $14.00 |
| 12 Month 15GB | $14.50 |
| 12 Month 20GB | $14.75 |
| 12 Month Unlimited | $16.25 |
| 12 Month Unnecessary | $17.00 |
A flat per-transaction fee may apply for Non-Aelixar Service Plan (e.g. 4G LTE/5G Data Add-Ons) purchases:
| Purchase Amount | Flat Per Transaction Fee |
|---|---|
| Less than $10.01 | $0.50 |
| Greater than $10.00 | $1.00 |
Although added to the overall Charges, the Recovery Fee is separate from the cost of Service and the Recovery Fee shall not result in the purchase of any additional Service time. We set the Recovery Fee, and the amount and what the Recovery Fee includes may change without notice.
10.2 Federal Universal Service Fund Fee. The Federal Universal Service Fund Fee is designed to recover Aelixar’s contribution to the Federal Universal Service Fund program. The Federal Universal Service Fund Fee is used to fund programs to increase access to advanced telecommunications services for consumers in rural areas at reasonable rates and provides federal program funding. Rate may change as determined by the Federal Communications Commission. The Universal Service Administrative Company (“USAC”) establishes a quarterly contribution factor, and Aelixar charges its customers the then-applicable rate charged to Aelixar by USAC.
10.3 Federal Regulatory Recovery Charge. The Federal Regulatory Recovery Charge includes costs imposed by regulation on telecommunications providers including, but not limited to, funding Telecommunications Relay Service for customers who are deaf, hard-of-hearing, or have a speech disability, and national number administration and number portability.
10.4 Other Government Fees. Certain other government fees require a Zip code to calculate, since they vary depending on your location. Please see below Section 10.5 (Government Taxes) for a description of how we may determine your Zip code for these other government fees. These other government fees include federal, state, municipal, local and other governmental fees now in force or enacted in the future, including without limitation:
(a) The State Universal Service Fund Fee. The State Universal Service Fund Fee is assessed as a percentage of intrastate revenues, gross revenues, or as a flat rate per line as set forth by the various state, county or municipal jurisdiction. Certain state agencies establish a quarterly, semi-annual or annual contribution factor, and Aelixar may choose to charge its customers to recoup the state universal service fund fees charged to Aelixar.
(b) Local 9-1-1 Fees. Each state, city, municipality, or county has specific charges that are levied for access to 9-1-1. Determination of the applicable 9-1-1 charges depends on where you purchase Aelixar Service. Aelixar may bill its customers for 9-1-1 charges. Any such 9-1-1 charges are a monthly recurring charge assessed on a per line basis and will appear on your monthly or multi-month receipt.
10.5 Government Taxes. Certain federal, state, municipal, local or other governmental Government taxes, including without limitation sales and use taxes, now in force or enacted in the future, are assessed as a result of your subscription to, use of, or payment for Aelixar Service. To determine government taxes, we will use the street address on file. If a credit card address is not on file, then we will use the ZIP code you entered upon activation of the Service. If activation ZIP code does not exist, then we will default to the ZIP code of Aelixar’s headquarters: 92626. The address on file for Puerto Rico customers must be in Puerto Rico. If you did not identify the correct address, or if you provided an address (such as a PO box) that is not a recognized street address, does not identify the applicable taxing jurisdictions or does not reflect the Service area associated with your telephone number, you may be assigned the above described ZIP code for tax purposes. In the event of a disputed tax jurisdiction location being assigned, any tax refund must be requested within sixty (60) days of our notification to you that the tax has been assessed.
11. Your Right to Dispute Charges.11.1 Unless otherwise provided by law, you agree to notify us of any dispute regarding your bill or Charges to your account within sixty (60) days (twenty (20) days for Puerto Rico customers) after the date you first receive the disputed bill or Charge. If you do not notify us of your dispute in writing with supporting documentation within this time period, you may not pursue a claim in arbitration or in court. Except for Puerto Rico customers and unless otherwise provided by law, you must pay disputed Charges until the dispute is resolved. If you accept a credit, refund or other compensation or benefit to resolve a disputed bill or Charge, you agree that the issue is fully and finally resolved. For unresolved disputes see Section 2 above. To contact or notify us, see Section 12. This paragraph is notice to Puerto Rico customers that payment of undisputed Charges is due when stated on your bill, regardless of any dispute.
11.2 Puerto Rico Customers. We will provide you with a determination regarding any dispute that is presented to us in accordance with this Section 11 within fifteen (15) days after we receive it. You may appeal our determination to the Telecommunications Board of the Commonwealth of Puerto Rico (“Telecommunications Board”) by filing a petition for review up to thirty (30) days after the date of our determination. Your petition for review shall be made through the filing of a document containing the following information: (i) your name and address; (ii) our company name; (iii) the pertinent facts; (iv) any applicable legal provisions that you are aware of; and (v) the remedy you are requesting. The document may be filed handwritten or typewritten and must be signed by you. You must send us a copy of your document to the following address Aelixar, Tech Aether LLC, 8th The Green, Suite-B, Dover, Delaware - 19901, Attn: Customer Service. You must send your petition for review to the Telecommunications Board at the following address: 500 Ave. Roberto H. Todd (Pda. 18 – Santurce), San Juan, Puerto Rico 00907-3941. The Telecommunications Board will review our determination only on appeal. You are advised of the provisions regarding suspension of Service that appear in Law 33 of July 7, 1985, Law 213 of September 12, 1996 and Regulation 5940 promulgated by the Telecommunications Board. . You are also advised of Regulation 5939 of March 12, 1999 promulgated by the Telecommunications Board regarding the procedures for resolution of customer disputes.
12. Notices and Customer Communications.12.1 Receipt of Communications. You expressly consent to receive all communications, agreements, documents, notices and disclosures (“Notices”) from us, at the telephone number associated with your Device, or physical or electronic address you provide to us. Notices from us to you are considered delivered when we deliver them to your Device by text message or voice, or by email to any email address you provide to us, or three (3) days after mailing to your address on file.
12.2 Autodialed or Prerecorded Messages. We may at times contact you using autodialed or prerecorded message calls or text messages at the telephone number associated with your Device. We may place such calls or texts to (i) provide notices regarding your Aelixar account or account activity, (ii) investigate or prevent fraud,(iii) inform you about products or services that may be of interest to you, or (iv) collect a debt owed to us. You agree that we and our service providers may contact you using autodialed or prerecorded message calls and text messages to carry out the purposes we have identified above. We may also share your phone number with service providers with whom we contract to assist us in pursuing these interests, but will not share your phone number with third parties for their own purposes without your consent. Standard telephone minute and text charges may apply.
12.3 Revocation of Consent. You do not have to consent to receive autodialed or prerecorded message calls or texts in order to use Aelixar Service. Where Aelixar is required to obtain your consent for such communications, you may choose to revoke your consent by any reasonable means, including by (i) contacting our customer service department at (302) 261-3783, (ii) writing to: Aelixar, Tech Aether LLC, 8th The Green, Suite-B, Dover, Delaware - 19901, Attn: Customer Service, or (iii) managing your account preferences on the Aelixar website. Written notices from you to us are considered delivered when you send an email or three (3) days after mailing to the address above.
13 Lost or Stolen Devices. You agree to notify us if your Device is lost or stolen. Once you notify us, we will suspend your Service. After your Service is suspended, you will not be responsible for additional usage Charges incurred in excess of your Service plan Charges, and applicable Taxes, Fees and Surcharges. If you request that we not suspend your Service, you will remain responsible for all usage and Charges incurred and applicable Taxes, Fees and Surcharges. We may prevent a lost or stolen Device from registering on any network. California customers: For Charges incurred before you notify us, you are not liable for Charges you did not authorize, but the fact that your Device or account was used is some evidence of authorization. You may request that we investigate Charges you believe were unauthorized. We may ask you to provide information and you may submit information to support your request. If we determine the Charges were unauthorized, we will credit your account. If we determine the Charges were authorized, we will inform you within thirty (30) days and you will remain responsible for the Charges.
14 Misuse of Service or Device. By activating or renewing Aelixar Service with Aelixar, you agree that you do so because you want Aelixar Service from Aelixar and not for any other purposes. Aelixar Service plans may only be used for the following purposes (and your use of Aelixar Service must be initiated from your supported, compatible Device or Mobile HotSpot (tethering)): (i) voice calls between two individuals; (ii) text and picture messaging; and (iii) Internet browsing and ordinary content downloads. You agree not to misuse the Service or Device, including but not limited to: (a) reselling or rebilling our Service; (b) using the Service or Device to engage in unlawful activity, or in conduct that adversely affects our customers, employees, business, or any other person(s), or that interferes with our operations, network, reputation, or ability to provide quality service, including but not limited to the generation or dissemination of viruses, malware or “denial of service” attacks; (c) using the Service as a substitute or backup for private lines or dedicated data connections; (d) using the Service for continuous, mobile to mobile or mobile to landline voice calls; (e) using the Service for automated text or picture messaging to another mobile device or email address;(f) uploading, downloading or streaming of continuous video or audio; (g) tampering with or modifying your Aelixar Device; (h) “spamming” or engaging in other abusive or unsolicited communications, or any other mass, automated voice or data communication for commercial or marketing purposes;(i) reselling Aelixar Devices for profit, or tampering with, reprogramming or altering Aelixar Devices for the purpose of reselling the Aelixar Device; (j) using the Service in connection with server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections, voice or SMS relay, or peer-to-peer (P2P) file-sharing; (k) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, Aelixar’s or another entity’s network or systems; (l) running software or other devices that maintain continuously active Internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions (e.g., using a Service plan for Web broadcasting,operating servers, telemetry devices and/or supervisory control and data acquisition devices); (m) using the Service to relay voice calls or text and picture messages not originated from the Device; or (n) assisting or facilitating anyone else in any of the above activities. You agree that you will not install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater or signal booster) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal. Voice services may not be used for monitoring services, data transmission, transmission of broadcasts, transmission of recorded material, relay services, interconnection to other networks, telemarketing activity, autodialed calls or robocalls.
15Our Rights to Limit or End Service or the Agreement.
15.1 WE MAY LIMIT, THROTTLE, ADJUST, SUSPEND OR TERMINATE YOUR SERVICE OR AGREEMENT WITHOUT NOTICE AT ANY TIME AND FOR ANY REASON, including, without limitation, if we determine, in our sole discretion, that you or any authorized user has done (or, based on other types of behavior, you or any user may do) any of the following: (a) breach the Agreement (including, without limitation, the Acceptable Use Policy); (b) transfer Service to another person without our consent; (c) becomes insolvent, goes bankrupt or threatens bankruptcy (except as prohibited by law); (d) misuse your Service or Device as described in Section 14 above; (e) use your Service or Device in a manner that is excessive, unusually burdensome, or unprofitable to us, or which otherwise violates our Acceptable Use Policy; or (f) are on a Service plan that we determine is no longer available to you. We may impose credit, usage or other limits to your Service, suspend your Service, or block certain types of calls, messages or sessions (such as international, 10XXX, 0+/0-, chat services, 900 or 976 calls), in our sole discretion and without notice.
Aelixar reserves the right to cancel or deactivate Aelixar Service or reduce data throughput speeds in order to protect its network supplier’s network from harm or to protect itself from financial or other harm due to any cause including, without limitation, the excessive and/or unauthorized use of Aelixar Service or any credit card “chargebacks.” Aelixar reserves the right to limit throughput or the amount of data transferred and to deny or terminate Service to anyone Aelixar believes is using the Aelixar Service in an unauthorized manner or whose usage, in Aelixar’s sole discretion, adversely impacts its network supplier’s network or customer service levels. Aelixar will presume you are engaging in an unauthorized use in violation of these T&Cs, if in Aelixar’s sole discretion, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, or if your talk, text or data usage is harmful or disruptive to Aelixar’s network supplier’s network or service levels or to Aelixar’s financial or other interests. If we determine, in our sole discretion, that you are using your Service in violation of these T&Cs or in any other manner that we deem to be unreasonable or excessive, we may terminate individual calls or data connections, terminate or reduce data throughput or terminate your Service, decline to renew your Service, or offer you a different Service plan without an unlimited usage component which may result in an increased cost to you.
Aelixar may discontinue providing Aelixar Service to you, discontinue your account, terminate data connections and/or reduce data throughput speeds if your usage, in the sole judgment of Aelixar: (i) appears likely to generate abnormally high call volumes or data usage and/or abnormally long average call lengths or data usage as compared to the usage of other Aelixar customers; or (ii) may be harmful or disruptive to, or interfere with, Aelixar’s network supplier’s network, Aelixar’s service or the ability to provide quality service to other customers. By initiating Aelixar Service and placing or receiving calls, you acknowledge and agree to Aelixar’s right to terminate your Service under these circumstances.
If we limit, suspend or terminate your Service and later reinstate your Service, you may be charged a reinstatement fee.
This paragraph constitutes notice to Puerto Rico customers that your Service may be suspended or cancelled if you engage in any of the foregoing actions in Sections 14 and 15 in accordance with the Puerto Rico Suspension Regulation 5940 of March 12, 1999, promulgated by the Telecommunications Board where applicable, or in Aelixar’s sole discretion. If your Service or account is limited, suspended or terminated and then reinstated, you may be charged a reactivation fee.
15.2 No Future Service. In the event Aelixar terminates your Aelixar Service for any reason specified in Section 15.1 or otherwise, we reserve the right to prohibit you from using any Aelixar Service plan in the future by blocking your device from our network, prohibiting you from using a new Aelixar Service account that you purchase, or through other means.
15.3 Plan Refund Policy (Terminations, Suspensions, Adjustments). If you have purchased one of our 30-day Service plans and we terminate or suspend your Service for any reason specified in Section 15.1 or otherwise, you will not receive any refund of amounts paid to us in connection with such Service plan. If you have purchased one of our pre-paid, multi-month Service plans and we suspend or terminate your Service for any reason specified in Section 15.1 or otherwise, we will refund a pro rata portion of your Service fee for any then-remaining 30-day Service period(s) within your Service plan, not including the 30-day Service period in which we suspend or terminate your Service. Without limiting the foregoing, if you have purchased any Service plan from us (whether a 30-day Service plan and/or a pre-paid, multi-month Service plan) and we adjust or otherwise limit your Service in response to your violation of Section 15.1 or otherwise, in our sole discretion (for example, without limitation, by placing you on a Service plan with a lower high-speed data threshold), you will not receive any refund in connection with such Service adjustment.
15.4 Device, SIM Kits, and Accessory Returns. For Aelixar-provided Devices, SIM Kits and accessory returns and exchanges, including a description of applicable restocking fees and/or shipping and handling fees depending upon the product condition, see the applicable return policy, which is available online at https://phones.aelixar.com/RMA.html and/or https://www.aelixar.com/return-policy/.RMA.html Some Aelixar-provided Devices and accessories may not be refunded or exchanged, and you may be required to pay a restocking fee. Devices offered to Aelixar customers, if any, will comply with the FCC’s regulations concerning hearing aid compatibility. Products purchased from retail locations may not be covered by these return policies and must be returned to the retailer location. Aelixar makes no representations about such returns.
15.5 Device Warranty Information
All new Devices purchased from our website come with a one-year manufacturer warranty from the original date of sale. All refurbished Devices purchased from our website come with a 60-day warranty from the original date of sale. If your device is defective, please follow the Device Return instructions listed above under Section 15 to see if the Device is eligible for a warranty replacement. If eligible, we’ll replace the defective Device with a Device of the same cosmetic condition or comparable model at our discretion.
Our conditions for a warranty claim are as follows:
You must return all accessories (charger, cables, manual, etc.) with the defective Device. If components are missing, we will charge a non-refundable missing parts fee as outlined here:
| Item | Fee |
|---|---|
| Battery | $10.00 |
| Charger | $7.00 |
| USB Cable | $3.00 |
| SD Card | $5.00 |
| Manual | $3.00 |
| Other parts | At our discretion |
Your defective device must be returned in good condition. If the device is determined to have some type of damage that voids its warranty (e.g. liquid damage, ‘modded’ OS, etc.), it will be returned without repair / refund to the original address of purchase unless stated otherwise.
Our warranties expressly exclude certain categories of damages and uses of your phone. These exclusions, which we do not cover, include possible costs or damages for which you will not be reimbursed. These exclusions are as follows: The limits of what we provide above relate to the device itself. We are not responsible for lost data or the time that you were without a device. We encourage you to back up your data regularly, as no one else will take responsibility for the restoration of any lost data. We are not responsible for any consequential damages, from the loss of your device, the loss of your data, or the time you were without your device. We do not warrant any device for merchantability or fitness for a particular purpose. These warranties are specifically disclaimed.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, Q1W IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH APPLE PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. WE DO NOT MANUFACTURE OUR DEVICES. THE ONLY WARRANTIES APPLICABLE TO OUR DEVICES ARE THOSE EXTENDED BY THE MANUFACTURERS. WE HAVE NO LIABILITY, THEREFORE, IN CONNECTION WITH DEVICES OR FOR MANUFACTURERS’ ACTS OR OMISSIONS. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES PROVIDED HEREUNDER OR ANY SOFTWARE USED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, AND TO THE EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUALITY, NON-INFRINGEMENT, PERFORMANCE OR ACCURACY. WE EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES. WE DO NOT PROMISE ERROR-FREE OR UNINTERRUPTED SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.
16. Intellectual Property. You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of Aelixar or any other third party. Except for a limited license to use the Aelixar Service, your purchase of Aelixar Service and Aelixar Devices does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of Aelixar or others related to the Aelixar Service and Aelixar Devices; this intellectual property may be used only with Aelixar Service unless expressly authorized by Aelixar. You agree that a violation of this section harms Aelixar, which cannot be fully redressed by money damages, and that Aelixar shall be entitled to seek immediate injunctive relief in addition to all other remedies available.
17. Privacy Information. Our Privacy Policy governs how we collect and use information related to your use of the Aelixar Service and is available online at aelixar.com/privacy-policy. We may change our Privacy Policy without notice; however, if we change our policy to allow use or disclosure of personal information in a way that, in our sole determination, is materially different from that stated in the policy at the time the data was collected, we will post notice in advance of the change. Data on your Device may automatically be stored on your SIM card and/or eSIM (to the extent either technology may be available to you), Device or our network. Your data may remain on the Device even if your SIM card is removed; the data left on your Device will be accessible to others who use your Device, and may be deleted, altered, or transferred to our or our network supplier’s network servers. To the extent available, if your eSIM is deleted from your phone, you may lose any data contained within the eSIM.
18. Disclaimer of Warranties. EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN WRITING, AND TO THE GREATEST EXTENT PERMITTED BY LAW, THE AELIXAR SERVICES AND DEVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING SECURITY OR AUTHENTICATION PURPOSES, CONCERNING YOUR SERVICE OR YOUR DEVICE. WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND WE DO NOT AUTHORIZE ANYONE TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON OUR BEHALF. FOR MORE INFORMATION, PLEASE REVIEW OUR PRIVACY POLICY AT https://www.aelixar.com/privacy-policy/ THIS DOESN’T DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE. IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO INTERCEPT YOUR COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR. YOU ACCEPT RESPONSIBILITY IF YOU USE YOUR SERVICE AS A MEANS OF SECURITY OR AUTHENTICATION FOR OTHER ACCOUNTS.
19. Waivers and Limitations of Liability.YOU AGREE THAT:EXCEPT IN CASES OF FRAUD OR WILLFUL MISCONDUCT, TO THE GREATEST EXTENT PERMITTED BY LAW, AELIXAR IS NOT RESPONSIBLE FOR LOSSES RELATING TO ANY SERVICE, SIM CARD, AND/OR DEVICE IT MAY OFFER UNDER THESE T&CS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT AELIXAR IS NOT RESPONSIBLE FOR LOSSES RELATING TO YOUR INABILITY TO REACH 9-1-1 OR ACCESS ANY OTHER EMERGENCY SERVICES; YOUR USE OF, OR INABILITY TO USE, ANY SERVICE, SIM CARD, OR DEVICE UNDER THESE T&CS (INCLUDING, WITHOUT LIMITATION, ANY SERVICE, SIM CARD, OR DEVICE WHICH MAY BE OFFERED IN CONNECTION WITH ANY THIRD-PARTY HARDWARE, SOFTWARE, OR SERVICE, EVEN IF SUCH THIRD-PARTY HARDWARE, SOFTWARE, OR SERVICE IS OFFERED BY AELIXAR); AND/OR ANY INTERRUPTION, ERROR, LIMITATION, OR DELAY IN ANY SERVICE, SIM CARD, OR DEVICE. WITHOUT LIMITING THE FOREGOING, YOU ALSO AGREE THAT AELIXAR IS NOT RESPONSIBLE FOR THE INSTALLATION, MAINTENANCE, REMOVAL, OR TECHNICAL SUPPORT OF ANY SERVICE, SIM CARD, OR DEVICE, PROVIDED UNDER THESE T&CS. WITHOUT LIMITING THE FOREGOING, YOU ALSO AGREE WE ARE NOT LIABLE FOR MISSED OR DELETED VOICEMAILS OR OTHER MESSAGES, FOR ANY INFORMATION (LIKE PICTURES) THAT GET LOST OR DELETED.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AND WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT AND ACTUAL DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY. THIS MEANS THAT NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER ARISING OUT OF OUR SERVICE (INCLUDING THE PROVISION OF OR FAILURE TO PROVIDE SAME), ANY DEVICE, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT WE HAVE BEEN INFORMED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES. THESE DISALLOWED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES ARISING OUT OF UNAUTHORIZED ACCESS OR CHANGES TO YOUR ACCOUNT, SERVICE, OR DEVICE, OR THE USE OF YOUR ACCOUNT, SERVICE OR DEVICE BY YOU OR BY OTHERS TO AUTHENTICATE, ACCESS, USE OR MAKE CHANGES TO THIRD PARTY ACCOUNTS, INCLUDING BUT NOT LIMITED TO FINANCIAL, CRYPTOCURRENCY, OR SOCIAL MEDIA ACCOUNTS. THIS LIMITATION AND WAIVER ALSO APPLY TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM.
IN ANY EVENT, TO THE GREATEST EXTENT PERMITTED BY LAW, OUR LIABILITY FOR DAMAGES OR OTHER MONETARY RELIEF FOR ANY CLAIMS YOU MAY HAVE AGAINST US IS STRICTLY LIMITED TO NO MORE THAN THE AMOUNTS ACTUALLY PAID BY YOU TO US FOR THE SERVICE FROM WHICH THE DAMAGES OR OTHER LIABILITY AROSE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN ADDITION, IN ANY EVENT, YOU AND WE EACH ALSO AGREE THAT ALL CLAIMS MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE DATE THE CLAIM ARISES.
20.Indemnification. You agree to defend, indemnify, and hold us harmless from and against any and all losses, claims, liabilities, costs and expenses (including taxes, fees, fines, penalties, interest, expenses of investigation and attorneys’ fees and disbursements) as incurred, arising out of or relating to use of the Service or Devices, breach of the Agreement, or violation of any laws or regulations or the rights of any third party by you or any person on your account or any person you allow to use your Service or Device.
21.Enforceability and Assignment. A waiver of any part of the Agreement in one instance is not a waiver of any other part or any other instance and must be expressly provided in writing. If we do not enforce our rights under any provisions of the Agreement, we may still require strict compliance in the future. Except as provided in Section 2, if any part of the Agreement is held invalid that part may be severed from the Agreement. You cannot assign the Agreement or any of your rights or duties under it without our written consent. We may assign all or part of the Agreement or your debts to us without notice. The Agreement is the entire agreement between Aelixar and you and defines all of the rights you have with respect to your Aelixar Service or Aelixar Device, except as provided by law, and you cannot rely on any other documents or statements by any sales or service representatives or other agents. If you purchase a Device, services or content from a third party, you may have a separate agreement with the third party; Aelixar is not a party to that agreement. Any determination made by us pursuant to this Agreement, shall be in our sole reasonable discretion. Sections 2-3, 5, 8-14, and 16-22 of this Agreement continue after termination of our Agreement with you.
22.Choice of Law. Aelixar and you agree that the Agreement is governed by the Federal Arbitration Act and applicable federal law, including but not limited to determinations of arbitrability. Without limiting the general applicability of federal law to the Agreement (including but not limited to any and all determinations of arbitrability as provided for in Section 2 to these T&Cs), and only to the extent state law may apply to the Agreement, Aelixar and you agree the laws of the state in which your billing address is located shall apply, without regard to the conflict of laws rules of that state. Foreign laws (except for Puerto Rico) do not apply. In order to ensure the availability of witnesses, arbitration will be held in Orange County, California, where Aelixar is headquartered; unless your billing address is in Puerto Rico, in which case arbitration will be held in Puerto Rico. In all cases, arbitration will be held in accordance with Section 2 above. To the extent permissible under the Agreement, court proceedings must be initiated in the Superior Court of California, County of Orange or the United States District Court for the Central District of California. If any provision of the Agreement is invalid under the law of any of the above jurisdictions, that provision will not apply in that jurisdiction; the remainder of the Agreement shall remain in force.
23.CPNI. Customer Proprietary Network Information (“CPNI”) is information that Aelixar and other telecommunications carriers obtain when providing your telecommunications services to you. CPNI includes the types of telecommunications services you currently purchase, how you use them, and the billing information related to those services, including items such as the types of local, long distance and wireless telecommunications services that you have purchased and your calling details. Your telephone number, name and address are not considered CPNI.
We may use your CPNI to the extent needed to provide you with the Service, including, to the extent available and applicable, any multi-line services you have purchased (in which case you agree and understand that we may share your CPNI, as needed, with other members associated with your multi-line account, including information regarding the types of telecommunications services you currently purchase). We also may use your CPNI for training and quality assurance, and to offer you additional services of the type you already purchase from Aelixar. We may also use your CPNI to offer you products and services, packages, discounts and promotions from our affiliates, which may be different from the types of services you already purchase.
Aelixar uses technology and security features and strict policy guidelines to safeguard the privacy of CPNI and protect it from unauthorized access or improper use. Aelixar does not disclose CPNI outside of Aelixar, its affiliates and their respective agents without customer consent except as required by law. When Aelixar uses third parties to perform services on its behalf that require the use of CPNI, Aelixar requires that they protect the CPNI consistent with this provision. Aelixar does not sell CPNI to unaffiliated third parties.
If you wish to restrict our use of your CPNI for marketing purposes, you may contact a customer service representative at the customer service phone number located in Section 12 of these T&Cs.
24.PRE-ORDERED PRODUCTSTo the extent available, certain devices or products may be released before shipping is available through a pre-order function. You will be charged the full amount of the order at the time you complete your pre-order. The “expected ship date” is when we expect the product to be shipped to you. Orders are shipped in the order in which they are received. You will receive a confirmation email once the order has been shipped. Any changes to the shipping date will be communicated to you via email. You may cancel the pre-order prior to when the product ships by calling customer care. In the event that certain devices are not available at the time of shipping, such as a requested color or memory amount, we will notify you via email. Any device will be locked according to our unlocking. Additional restrictions may apply.
TRIAL PLAN TERMS & CONDITIONSNew activation is required. Other restrictions may apply. The Aelixar Trial Plan offer, which applies to all Trial Plans as defined in these T&Cs, including but not limited to the Aelixar 7-Day Trial Kit and Aelixar See For Yourself Kit, must be activated within 45 days after receiving your Aelixar Trial Plan SIM card or eSIM. You may only activate your Aelixar Trial Plan through the Aelixar app available on iOS and Android platforms. Data rates may apply. A valid email, telephone number, mailing address, and credit card are required to redeem a Aelixar Trial Plan, which may be requested through the Aelixar app. Only one free Trial Plan per customer. Additional Trial Plans may be purchased for $5.00 at participating third-party distributors.
Each Trial Plan includes Aelixar service with up to 250 SMS messages, 250 voice minutes, and 250 MB of 5G and/or 4G LTE data. 5G and/or 4G LTE access requires a capable device and SIM or eSIM within an appropriate coverage area. Actual availability, speed, and coverage may vary. Your Trial Plan may be deactivated on the earlier of your consumption of all the SMS messages, voice minutes, and data available through your trial, but in no event will the trial last longer than seven days.
After your initial Trial Plan, you may choose to purchase an additional Trial Plan for $5.00 at participating third-party distributors. For Trial Plans that were purchased for $5.00, at any time during your trial, you may either: (i) convert to a full Aelixar Service plan; or (ii) request a full $5.00 refund from https://www.aelixar.com/return-policy/or by calling a Aelixar Customer Care agent at (302)-261-3783. Your Trial Plan may be deactivated before or after approval of your refund, which will be processed within seven (7) calendar days. Aelixar will only issue refunds for purchases of Trial Plans made through the Aelixar app or select third-party retailers.
Aelixar service is not available in all areas. All international long-distance service included in the Aelixar service is provided by a third party, which is not affiliated with Aelixar. Use of the Aelixar service is subject to the Aelixar Terms & Conditions.
Your Trial Plan is not renewable and you must become a paid subscriber to the Aelixar service in order to continue your access to the Aelixar service. If you wish to transfer your mobile phone number from your existing carrier at the end of your Trial Plan, you may do so via the Aelixar app or purchase a new Aelixar service plan from aelixar.com. Once you activate a standard Aelixar service plan, airtime expiration is subject to the terms of your plan.
Aelixar service, including service provided via this Aelixar Trial Plan, is provided by Aelixar, Tech Aether LLC. Use of Aelixar service is subject to the Aelixar Terms & Conditions. Please always refer to the aelixar.com website for the latest Terms & Conditions, Acceptable Use Policy, current rates, and service plan details for the Aelixarservice, which are subject to change at any time and without notice, or call our customer service department at (302)-261-3783. © 2025 Aelixar. All rights reserved.
GENERAL PROMOTIONAL TERMS & CONDITIONS
From time to time, and in Aelixar’s sole discretion, we may offer certain promotions (including, without limitation, credits, discounts, or “free” Service), for any reason whatsoever, to any subset of customers (e.g. new port-in customers, customers who meet certain eligibility requirements, etc.). For avoidance of all doubt, in addition to all other terms and conditions contained in these T&Cs, including but not limited to any applicable promotional terms, together with all other promotional terms which Aelixar may publish as a supplement to these T&Cs, all of which shall apply to any such promotion according to these T&Cs, you and Aelixar each agree that any promotion, to the extent available to you, any Aelixar customer, or any subset of Aelixar customers, shall only be offered, if at all, in Aelixar’s sole discretion, and may be modified or terminated at any time without notice. Without limiting the foregoing, to the greatest extent permissible by applicable law, under no circumstances shall any promotional credits, discounts, or “free” Service be transferrable, combinable with any other offer, or redeemable for any amount of cash or credit.