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4Freedom Mobile Terms and Conditions
Last modified: April 2, 2023
4 Freedom Mobile LLC (“4Freedom Mobile”, “4Freedom”, “our”, “we”, or “us”) provides technologies, tools and services to our subscribers that enable them to have more control over their personal data and who gets access to it, including but not limited to encrypting internet traffic, hiding their IP address, messaging, voice and video calling over the internet, and other services. You agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”).
IF YOU ARE A 4Freedom USER LOCATED IN THE UNITED STATES OR CANADA, OUR TERMS CONTAIN A BINDING ARBITRATION PROVISION, WHICH STATES THAT, EXCEPT IF YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES, 4Freedom AND YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. PLEASE READ THE “SPECIAL ARBITRATION PROVISION FOR UNITED STATES OR CANADA USERS” SECTION BELOW TO LEARN MORE.
About our services
Registration. You must register for our Services using accurate data, including providing your current email address, and, if you change it, update this email address in our website. You may also provide a mobile phone number or be issued a new phone number by 4Freedom Mobile and/or port in an existing number to 4Freedom Mobile. By registering on our website, even if you do not complete a purchase transaction, you agree to receive emails, text messages and phone calls (from us or our third-party providers) with links and/or codes to register for our Services, as well as informational and marketing communications.
Address Book. You provide us the phone numbers of 4Freedom users and your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide us such numbers to allow us to provide our Services.
Age. You must be at least 13 years old to use our Services (or such greater age required in your country, state or city for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
Devices and Software. You may be required to provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.
Fees and Taxes. You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.
Privacy policy and user data
In general, 4Freedom collects and maintains as little personal data as possible. 4Freedom intentionally designs all of our technologies from the outset to help ensure that even we do not have access to your personal data. 4Freedom cares about your privacy. 4Freedom’s Privacy Policy section in these Terms describes our information practices, including the types of information we receive and collect from you and how we use and share this information. You agree to our data practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information to the United States and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.
Acceptable use of our services
Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.
Legal and Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of 4Freedom, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.
Harm to 4Freedom or Our Users. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services without authorization from us in writing; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time without authorization from us in writing.
Fair Use Policy. 4Freedom reserves the right to limit any user’s access to high-speed data and/or any user’s access to any voice, text, or data services at any time without warning and without explanation. In an effort to ensure that 4Freedom services will continue to be available for all subscribers, 4Freedom may limit data access for some users and may even cancel some user subscriptions completely without warning and without any obligation to provide any explanation. If a user consumes a larger amount of data than the average 4Freedom subscriber multiple months in a row, 4Freedom reserves the right to charge additional amounts to that user’s payment method without first asking the user’s permission. Generally, these charges will be used by 4Freedom to help cover the additional costs 4Freedom incurs due to that data consumption by that user. When subscribing to 4Freedom services, you accept and agree to this Fair Use Policy.
Keeping Your Account Secure. You are responsible for keeping your device and your 4Freedom account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.
Third-party services
Our Services may allow you to access, use, or interact with third-party websites, apps, content, networks, and other products and services. For example, you may choose to use third-party data backup services (such as iCloud or Google Drive) that are integrated with our Services or interact with a share button on a third party’s website that enables you to send information to your 4Freedom contacts. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.
Licenses
Your Rights. 4Freedom does not claim ownership of the information that you submit for your 4Freedom account or through our Services. You must have the necessary rights to such information that you submit for your 4Freedom account or through our Services and the right to grant the rights and licenses in our Terms.
4Freedom’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express written permission and except in accordance with our Brand Guidelines that may be provided upon request. You may use the trademarks of our affiliated companies only with their permission, including as authorized in any published brand guidelines.
Your License to 4Freedom. In order to operate and provide our Services, you grant 4Freedom a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and status message, transmit your messages, store your undelivered messages on our servers as needed, as we try to deliver them, and otherwise as described in our Privacy Policy).
4Freedom’s License to You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
Reporting third-party copyright, trademark, and other intellectual property infringement
To report claims of third-party copyright, trademark, or other intellectual property infringement, please visit our Intellectual Property Policy section within these Terms. We may terminate your 4Freedom account if you infringe the intellectual property rights of 4Freedom or others.
Disclaimers
YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “4Freedom PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION.
Limitation of liability
THE 4Freedom PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE 4Freedom PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE 4Freedom PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the 4Freedom PARTIES from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.
Dispute resolution
Forum and Venue. If you are a 4Freedom user located in the United States or Canada, the “Special Arbitration Provision for United States or Canada Users” section below applies to you. Please also read that section carefully and completely. If you are not subject to the “Special Arbitration Provision for United States or Canada Users” section below, you agree that you and 4Freedom will resolve any Claim relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a “Dispute,” and together, “Disputes”) exclusively in the United States State Courts for the state of Delaware, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes. Without prejudice to the foregoing, you agree that, in our sole discretion, we may elect to resolve any Dispute we have with you in any competent court in the country in which you reside that has jurisdiction over the Dispute.
Governing Law. The laws of the State of Delaware govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between 4Freedom and you, without regard to conflict of law provisions.
Availability of our services
Availability of Our Services. Our Services may be interrupted for any reason, including but not limited to maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time and without any warning. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
Cancellation, Returns, and Refunds Policy
Refunds. 4Freedom Mobile Services are prepaid and will not be refunded for any reason, whether you choose to or are able to make use of those services or not for any reason. 4Freedom shall not be liable for any action or inaction by you related to your use or non-use of our Services.
Phones, SIM cards, and other devices (“Device”) may be returned to 4Freedom Mobile for a full refund of any amount paid within the lesser of 7 days from receipt of the Device in question or 10 days from the date that item was shipped to you. Any Services, shipping fees, taxes or other fees paid together with the purchase price of the Device are not refundable. You agree that 4Freedom Mobile has the right to withhold a portion of your original payment as a re-stocking fee. The amount of the re-stocking fee may vary, as it will be determined in 4Freedom’s sole discretion based on the condition of the returned device and accessories, as well as 4Freedom’s actual costs at the time of return.
Again, 4Freedom Mobile Services are prepaid and will not be refunded for any reason.
Subscription Changes. You may change your subscription at any time. If you change your subscription, 4Freedom is under no obligation to refund any money to you for any previously purchased subscription.
If you purchase a device with a payment plan, and the offer associated with that payment plan requires you to purchase a specific subscription plan, then you agree that 4Freedom has the right to change any existing subscription to the subscription plan required by the device payment plan offer without any further notification to you of such a change.
Cancellation. You may cancel your subscription to 4Freedom Mobile at any time for any reason or for no reason at all. After you cancel your subscription, you should continue to have access to your 4Freedom Mobile services until the current billing period for which you have already paid will end. If you cancel before the end of the agreed period identified in your specific subscription plan (i.e. – 3 years, 2 years, one month, 24 months, or 36 months), then at the time of cancellation, you will be obligated to immediately pay off any remaining balance for your agreed subscription period. In other words, if you sign up for a 2 year subscription, paid monthly, and then cancel that subscription before the end of 24 months, then at the time of cancellation you will be required to pay 4Freedom Mobile immediately, an amount equal to the remaining number of months in your agreement multiplied times the monthly fee for services, plus any applicable taxes and fees that 4Freedom Mobile would have charged had you continued the subscription for the full period of the agreement and paid for it monthly.
If you purchase a Device, such as a phone, based on a payment plan and choose to cancel that plan for any reason, then you will be obligated to immediately pay 4Freedom any remaining amounts owed for the life of that agreement, plus any taxes and fees that 4Freedom would have charged, had you continued the payment plan for full period agreed in that plan, whether you return the Device to 4Freedom or not. The only exception to this clause is in the event that you return the Device for a full refund within 7 days of receiving the device. In that case, you will be refunded the purchase price for the Device without any Service fees, shipping, taxes or other fees paid at the time of purchase of the Device.
If you purchase a Device, such as a phone, based on a monthly payment plan, and that offer requires that you maintain a specific subscription level for minimum period of time (i.e. – if you purchase a 4Freedom Private Phone for $19.99 per month for 36 months and are required by that offer to maintain service for 36 months at a rate of $49.99 per month), then in the event that you end your agreement either for the device or for the service or both before the end of that period, you will be obligated to immediately pay 4Freedom any outstanding amount on your agreement both for the Services and for the Device, as well as any taxes and fees that 4Freedom Mobile would have normally charged had you maintained that agreement through the end of the agreed period.
Please note that once you cancel or terminate your subscription to 4Freedom Services, 4Freedom is under no obligation to provide you any additional customer service or support with any 4Freedom Services or any Device you may have purchased from 4Freedom. This includes any updates to the app, or phone operating system, or similar.
No shipping fees, taxes or other fees shall ever be refundable for any reason.
We may modify, suspend, cancel, or terminate your access to or use of our Services at any time for any reason or for no reason at all, without any warning of any kind.. The paid subscription to 4Freedom Mobile providing you access to the Services is based on an auto-renewal basis. As such, your subscription will automatically renew upon the end of your applicable subscription period (e.g., monthly basis, annual basis, etc.) corresponding to the term of your subscription unless cancelled in accordance with the terms of your subscription. If your subscription renewal begins on a day not contained in a given month, then we will charge you on the last day of such month. You acknowledge and agree that the timing of when you are billed and the amount billed may vary due to free trials and other promotional offers, credit applied to your account, and changes in your subscription, and you hereby authorize us to charge you for the corresponding amounts. You are solely responsible for ensuring that your billing and payment information is correct to prevent your subscription from being cancelled. If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled your subscription, you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you may update your payment method information. This may result in a change to the start of your next subscription period and may change the date on which you are billed for each period. We reserve the right to cancel your subscription if we are unable to successfully charge your payment method to renew your subscription. When your subscription ends, whether through cancellation or any other reason, you will lose access to the 4Freedom Services that require a subscription. If we offer you a promotion or a promotional price for your subscription, the specific terms of the promotion will be disclosed or made available to you when you select your subscription plan. Sometimes (not always), you will be required to agree to the Additional Terms that will be provided to you and describe the particular promotion for your selected subscription plan. If no Additional Terms will be provided at the time of purchase, then these Terms of Service shall be in force. In the case of promotional pricing, promotional pricing is offered for a period of time with a beginning and end that shall be clearly stated in that promotion. Promotional pricing is generally offered for only one stated time period (i.e. – a promotional price for an annual subscription will apply only to the first year of an annual subscription). After your promotion period ends, we will begin billing you for your subscription at the regular price after the promotion ends unless you cancel your subscription prior to the end of the promotion. We reserve the right to change, modify or vary the price, package and features of the 4Freedom Mobile subscription plans that we make available from time to time. If we change or modify the price and package of such subscription plans, we may provide you with advanced notice of the applicable changes or modifications. You may discontinue to use the 4Freedom Services offered under a subscription plan and request the cancellation of your subscription to 4Freedom Mobile and access to 4Freedom Services at any time. We will not be liable or reimbursing you for the cancellation of your 4Freedom Mobile subscription. You may choose to terminate Services at any time by contacting our Customer Service team through the self-service tool on our website or through the Contact Support link in our mobile app. By cancelling your subscription, your account will automatically close at the end of your current billing period. Upon cancellation of your subscription, you may continue to use the applicable 4Freedom Services through the remainder of your subscription term, as well as any content that you previously created or reproduced through use of such 4Freedom Services as of the date of cancellation of your subscription, provided that such use must be in compliance with these Terms. You hereby agree that if you will cancel your subscription before the end of the agreed subscription period as described above, then all applicable charges as described above will be immediately charged to your payment method. Refunds: 4Freedom Mobile Services are pre-paid. There will be no refunds or credits for suspension or termination of your subscription to 4Freedom Services or your account for any reason.
To cancel your subscription, please contact 4Freedom Customer Service or send an email to cancel@4FreedomMobile.com. You will be required to verify your identity and confirm your ownership of your account before cancellation of your subscription can be initiated.
The following provisions of these Terms will survive any termination of your relationship with 4Freedom, no matter the reason of said termination: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability of our Services,” “Cancellation, Returns, and Refunds”, “Other,” and “Special Arbitration Provision for United States or Canada Users.”
Other
Updates To Our Terms
We may amend or update our Terms. We may provide you notice of amendments to these Terms, as appropriate, but are under no obligation to notify you of any changes or updates. It is your responsibility to regularly review our Terms. We will update the “Last Modified” date at the top of these Terms each time they are amended. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.
Special arbitration provision for United States or Canada users
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS ADDITIONAL PROVISIONS APPLICABLE ONLY TO OUR UNITED STATES AND CANADA USERS. IF YOU ARE A 4Freedom USER LOCATED IN THE UNITED STATES OR CANADA, IT REQUIRES YOU TO SUBMIT TO BINDING INDIVIDUAL ARBITRATION OF ALL DISPUTES, EXCEPT FOR THOSE THAT INVOLVE INTELLECTUAL PROPERTY DISPUTES AND EXCEPT THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. THIS MEANS YOU ARE WAIVING YOUR RIGHT TO HAVE SUCH DISPUTES RESOLVED IN COURT BY A JUDGE OR JURY. THIS SECTION ALSO LIMITS THE TIME YOU HAVE TO START AN ARBITRATION OR, IF PERMISSIBLE, A COURT ACTION. FINALLY, THIS SECTION WAIVES YOUR RIGHT TO HAVE YOUR DISPUTE HEARD AND RESOLVED AS A CLASS ACTION, CLASS ARBITRATION, OR A REPRESENTATIVE ACTION.
“Excluded Dispute” means any Dispute relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents). For clarity and notwithstanding the foregoing, those Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.
Federal Arbitration Act. The United States Federal Arbitration Act governs the interpretation and enforcement of this “Special Arbitration Provision for United States or Canada Users” section, including any question whether a Dispute between 4Freedom and you is subject to arbitration.
Agreement to Arbitrate for 4Freedom Users Located in the United States or Canada. For 4Freedom users located in the United States or Canada, 4Freedom and you each agree to waive the right to a trial by judge or jury for all Disputes, except for the Excluded Disputes. 4Freedom and you agree that all Disputes (except for the Excluded Disputes), including those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration. 4Freedom and you agree not to combine a Dispute that is subject to arbitration under our Terms with a Dispute that is not eligible for arbitration under our Terms.
The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a Dispute, and a description of the arbitration process are available at www.adr.org. The arbitrator will decide whether a Dispute can be arbitrated. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules. Notwithstanding the AAA Rules, we will reimburse you for all the AAA administrative fees in Disputes that are subject to the Supplementary Procedures for Consumer-Related Disputes, unless the arbitrator determines that a Dispute was filed for purposes of harassment or is patently frivolous.
Opt-Out Procedure. You may opt out of this agreement to arbitrate. If you do so, neither we nor you can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing postmarked within 30 days of the later of: (i) the date that you first accepted our Terms; and (ii) the date you became subject to this arbitration provision. You must use this address to opt-out:
4Freedom Mobile
c/o Sinclair Telecommunications LLC
Arbitration Opt-Out
150 E 1st Ave, Suite 206
Salt Lake City UT 84103
United States of America
You must include: (1) your name and residence address; (2) the mobile phone number and email address associated with your account; and (3) a clear statement that you want to opt out of our Terms’ agreement to arbitrate.
Small Claims Court. As an alternative to arbitration, if permitted by your local “small claims” court’s rules, you may bring your Dispute in your local “small claims” court, as long as the matter advances on an individual (non-class) basis.
Time Limit to Start Arbitration. We and you agree that for any Dispute (except for the Excluded Disputes) we and you must commence an arbitration proceeding within one year after the Dispute first arose; otherwise, such Dispute is permanently barred. This means that if we or you do not commence an arbitration within one year after the Dispute first arose, then the arbitration will be dismissed because it was started too late.
No Class Actions, Class Arbitrations, or Representative Actions for Users Located in the United States or Canada. We and you each agree that if you are a 4Freedom user located in the United States or Canada, each of we and you may bring Disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, or any class of people. We and you each agree not to participate in a class action, a class-wide arbitration, Disputes brought in a private attorney general or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute.
Severability. If the prohibition against class actions and other Disputes brought on behalf of third parties is found to be unenforceable for a Dispute, then all of the provisions above under the caption “Special Arbitration Provision for United States or Canada Users” will be null and void as to that Dispute.
Place to File Permitted Court Actions. If you opt out of the agreement to arbitrate, if your Dispute is an Excluded Dispute, or if the arbitration agreement is found to be unenforceable, you agree to be subject to the “Forum and Venue” provisions in the “Dispute Resolution” section set forth above.
4Freedom Privacy Policy
Last modified: May 28, 2020
The purpose of 4Freedom Mobile is to empower people to take back control of their personal data. So in effect, the whole objective of 4Freedom is to help you maintain your privacy. As a result, we’ve aspired to build our Services with a set of strong privacy principles in mind.
Sinclair Telecommunications LLC (“Sinclair”, “4Freedom Mobile”, “4Freedom”, the “4Freedom Movement”, “our”, “we”, or “us”) provides technologies, tools and services to our members that enable them to have more control over their personal data and who gets access to it, including but not limited to encrypting internet traffic, hiding their IP address, messaging, voice and video calling over the internet, and other services to users around the world. Our Privacy Policy helps explain our information practices. For example, we talk about what information we collect and how this affects you. We also explain the steps we take to protect your privacy – like building 4Freedom technologies so that even we do not have access to your personal data, such as your location, internet activity or communications.
This Privacy Policy (“Privacy Policy”) applies to all of our apps, services, features, software, and website (together, “Services”) unless specified otherwise.
Information We Collect
4Freedom receives or collects information when we operate and provide our Services, including when you install, access, or use our Services.
Information You Provide
Automatically Collected Information
Third-Party Information
How We Use Information
We use all the information we have to help us operate, provide, improve, understand, customize, support, and market our Services.
Information You And We Share
You share your information as you use and communicate through our Services, and we share your information to help us operate, provide, improve, understand, customize, support, and market our Services.
Assignment, Change Of Control, And Transfer
All of our rights and obligations under our Privacy Policy are freely assignable by us to any of our affiliates, in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
Managing Your Information
If you would like to manage, change, limit, or delete your information, we allow you to do that through the following tools:
Law And Protection
We may collect, use, preserve, and share your information if we have a good-faith belief that it is reasonably necessary to: (a) respond pursuant to applicable law or regulations, to legal process, or to government requests; (b) enforce our Terms and any other applicable terms and policies, including for investigations of potential violations; (c) detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of our users, 4Freedom, or others.
Our Global Operations
You agree to our information practices, including the collection, use, processing, and sharing of your information as described in this Privacy Policy, as well as the transfer and processing of your information to the United States and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.
Updates To Our Policy
We may amend or update our Privacy Policy. We may provide you notice of amendments to this Privacy Policy, as appropriate, and update the “Last Modified” date at the top of this Privacy Policy. Your continued use of our Services confirms your acceptance of our Privacy Policy, as amended. If you do not agree to our Privacy Policy, as amended, you must stop using our Services. Please review our Privacy Policy from time to time.
California Consumer Privacy Act
This California Privacy Notice (“Notice”) is for California residents and supplements our Privacy Policy. It explains how we collect, use, and share your Personal Information and how to exercise your rights under the California Consumer Privacy Act of 2018 (“CCPA”).
For this Notice, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal Information does not include information that is aggregated, de-identified or information that cannot be reasonably linked to you.
To provide our Services, we must process some information about you, including Personal Information.
Information You Provide
Automatically Collected Information
Other Sources of Information
To learn more about the specific pieces of Personal Information we collect and the sources of that information, return to our Privacy Policy and see the “Information We Collect” section.
We use the Personal Information we have to provide and support our Services as described in our Privacy Policy. We use all the information we have to help us operate, provide, improve, understand, customize, support, and market our Services, including providing customer support, investigating suspicious activity or violations of our Terms, communicating with you about our Services, and allowing third parties, like businesses, to communicate with you through our Services.
You can learn more about our business and commercial purposes for collecting Personal Information by visiting the “How We Use Information” section of our Privacy Policy.
III. How is Personal Information shared?
We do not sell your Personal Information, and never will. You share your information as you use and communicate through our Services, and we share your information for business purposes to help us operate, provide, improve, understand, customize, support, and market our Services.
You can learn more about the categories of Personal Information we share for business purposes and the categories of recipients with whom we share it in the “Information You And We Share” section of our Privacy Policy.
Under the CCPA, you have the right to access the Personal Information we’ve collected about you during the past 12 months and information about our data practices. You also have the right to request that we delete the Personal Information that we have collected from you.
To request manual access or deletion of your Personal Information, please contact 4Freedom Support.
Please note, for all manual requests, you will need to verify your identity by providing us with the following information:
If you would like to know the specific pieces of Personal Information that we have collected about you, or to delete your Personal Information, you will need to provide the following additional information to verify your identity:
4Freedom will not be able to respond to your request unless you provide us with all of the above information. You can also designate an authorized agent to make a manual request on your behalf. If you decide to use an authorized agent, please also include written permission that you have designated that agent to make this request, or proof of the agent’s power of attorney. We may also follow-up with you to verify your identity before processing your authorized agent’s request.
Lastly, you have the right to be free from any discrimination for exercising your rights to access or delete your Personal Information. We will not discriminate against you for exercising any of these rights.
If you have additional questions about this Notice or how to exercise your rights under the CCPA, please contact us.
Contact Us
If you have questions about our Privacy Policy, please contact us.
4Freedom Mobile
Privacy Policy
150 E 1st Ave, Suite 206
Salt Lake City UT 84103
United States of America
4Freedom Mobile, THE EU-U.S. PRIVACY SHIELD AND THE SWISS-U.S. PRIVACY SHIELD
Sinclair Telecommunications LLC (“4Freedom”, “4Freedom Mobile”, “The 4Freedom Movement”, “we”, “our”, “us”) has certified to the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework with the U.S. Department of Commerce regarding the collection and processing of personal data from our business partners in the European Union and Switzerland (“Partners”) in connection with the products and services described in the Scope section below and in our certification. To learn more about the Privacy Shield program please visit www.privacyshield.gov.
Scope: 4Freedom adheres to the Privacy Shield Principles for the following areas of our business (collectively the “Partner Services”):
Access. Within the scope of our authorization to do so, and in accordance with our commitments under Privacy Shield, 4Freedom will work with its Partners to provide individuals access to personal data about them that 4Freedom holds on behalf of its Partners. 4Freedom will also take reasonable steps to enable individuals, either directly or in connection with the Partners, to correct, amend, or delete personal data that is demonstrated to be inaccurate.
Third Parties. 4Freedom may transfer data to third parties, including service providers and other partners. In accordance with the Privacy Shield Principles, 4Freedom is liable for any processing of personal data by such third parties that is inconsistent with the Privacy Shield Principles unless 4Freedom was not responsible for the event giving rise to any alleged damage.
Legal Requests. Personal data that is transferred to us by our Partners may be subject to disclosure pursuant to legal requests or other judicial and government process, such as subpoenas, warrants, or orders. For more information, review the “Law and Protection” section of the 4Freedom Privacy Policy.
Enforcement. 4Freedom’s compliance with the Privacy Shield Principles is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.
Questions and Disputes. Please contact us with any questions or concerns relating to our Privacy Shield certification. You have the option to resolve any applicable disputes you have with us in connection with our certification through TrustArc, an alternative dispute resolution provider based in the United States. You can contact TrustArc through their website. In certain circumstances, the Privacy Shield Framework provides the right to invoke binding arbitration to resolve complaints not resolved by other means, as described in Annex I to the Privacy Shield Principles. Additionally, as part of the Privacy Shield Framework, the U.S. State Department Senior Coordinator serves as the Ombudsperson to facilitate the processing of requests relating to national security access to data transmitted from the EU or Switzerland to the U.S.
For more information about 4Freedom’s privacy practices please review our Privacy Policy.
Intellectual Property Policy: Your Copyrights and Trademarks
Sinclair Telecommunications LLC (“4Freedom”, “4Freedom Mobile”, the “4Freedom Movement”, “our,” “we,” or “us”) is committed to helping people and organizations protect their intellectual property rights. Our users agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”). Our Terms do not allow our users to violate someone else’s intellectual property rights when using our Services, including their copyrights and trademarks.
As explained in more detail in our Privacy Policy, we do not retain our users’ messages in the ordinary course of providing our Services. We do, however, host our users’ account information, including our users’ profile picture, profile name, or status message, if they decide to include them as part of their account information.
Copyright
To report copyright infringement and request that 4Freedom remove any infringing content it is hosting (such as a 4Freedom user’s profile picture, profile name, or status message), please email a completed copyright infringement claim to support@4Freedommovement.org (including all of the information listed below). You can also mail a complete copyright infringement claim to 4Freedom’s copyright agent:
The 4Freedom Movement
c/o Sinclair Telecommunications LLC
Attn: 4Freedom Copyright Agent
150 E 1st Ave, Suite 206
Salt Lake City UT 84103
United States of America
Before you report a claim of copyright infringement, you may want to send a message to the relevant 4Freedom user you believe may be infringing your copyright. You may be able to resolve the issue without contacting 4Freedom.
Trademark
To report trademark infringement and request that 4Freedom remove any infringing content it is hosting, please email a complete trademark infringement claim to support@4Freedommovement.org (including all of the information listed below).
Before you report a claim of trademark infringement, you may want to send a message to the relevant 4Freedom user you believe may be infringing your trademark. You may be able to resolve the issue without contacting 4Freedom.
What to include in your copyright or trademark infringement claim to 4Freedom
Please include all of the following information when reporting a copyright or trademark infringement claim to 4Freedom:
Cookies
About cookies
A cookie is a small text file that a website you visit asks your browser to store on your computer or mobile device.
How we use cookies
We use cookies to understand, secure, operate, and provide our Services. For example, we use cookies to provide the 4Freedom Movement website and other Services that are web-based, improve your experiences, understand how our Services are being used, and customize our Services.
How to control cookies
You can follow the instructions provided by your browser or device (usually located under “Settings” or “Preferences”) to modify your cookie settings. Please note that if you set your browser or device to disable cookies, certain of our Services may not function properly.
To use 4Freedom Mobile, please Get a SIM.
Without a 4Freedom SIM, you will be unable to use 4Freedom Mobile.