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Plan Terms and Conditions

Effective Date: July 14, 2026

THESE TERMS OF SERVICE, ALONG WITH THE SERVICE PLAN FOR THE SERVICES YOU ORDERED AND THE POLICIES REFERENCED HEREIN (“AGREEMENT”), GOVERN YOUR USE OF VETRA COMMUNICATIONS LLC’S SERVICES AND ITS WEBSITE. READ THIS AGREEMENT CAREFULLY, IN ITS ENTIRETY, BEFORE USING THE VETRA SERVICES. YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT. FURTHERMORE, IF YOU ARE ENTERING THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO: (1) REGISTER THE COMPANY OR OTHER LEGAL ENTITY THAT YOU REPRESENT, INCLUDING ANY AUTHORIZED AGENT/ EMPLOYEE OF SUCH ENTITY, AS USERS OF THE COMPANY SERVICE; AND (2) BIND THE COMPANY OR OTHER LEGAL ENTITY THAT YOU REPRESENT, INCLUDING ANY AUTHORIZED AGENT/ EMPLOYEE OF SUCH ENTITY TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT HAVE SUCH AUTHORITY, ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT, OR DO NOT WISH TO BE BOUND BY THE TERMS CONTAINED IN THIS AGREEMENT, DO NOT USE, OR PERMIT ANYONE ELSE TO USE, THE COMPANY SERVICE. CUSTOMER’S USE OF THE COMPANY SERVICE WILL CONSTITUTE CUSTOMER’S ASSENT TO THIS AGREEMENT (OR RATIFICATION OF PREVIOUS ASSENT).

THIS AGREEMENT CONTAINS WAIVERS OF THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS. THIS AGREEMENT FURTHER INCLUDES LIMITATIONS ON OUR LIABILITY AND DESCRIBES LIMITATIONS OF THE SERVICES.

This Agreement governs:

  1. the provision of the Services by Vetra Communications LLC (“Vetra,” the “Company,” “we,” “us,” or “our”) to you (“your,” “applicant,” “customer,” “subscriber,” “participant,” or “user”) and your use of the Services; and

  2. your use of our website located at https://vetramobile.com/ (the “Site”).

The complete Agreement between you and Vetra consists of:

  1. these Terms of Service (“Terms of Service”), including the binding jury and class action waiver clauses;

  2. any additional terms of service associated with your selected Service Plan;

  3. the Vetra Privacy Policy, posted at https://vetramobile.com/privacy-policy;

  4. the Vetra Acceptable Use Policy (the “AUP”), posted at https://vetramobile.com/acceptable-use-policy; and

  5. any other policies or documents incorporated herein by reference.

To the extent that any provision or clause in these Terms of Service conflicts with any provision or clause of our more specific policies or a specific service plan offer, the terms of those specific documents will govern.

THIS AGREEMENT BECOMES EFFECTIVE AND LEGALLY BINDING ON YOU WHEN YOU: with respect to the Services, initiate, enroll in, or subscribe to the Services; (b) use or attempt to use the Services; (c) pay for the Services; (d) upgrade or modify the Services; (e) start any application, program, or software that states you are accepting this Agreement, or (f) accept the Services or Agreement through any written, oral, or electronic statement or signature; and with respect provisions governing use of the Site, during such usage.

Service Plans and "Top Up" Plans

  1. Definitions.

As used in this Agreement, the term: (A) “Services” means voice telephony (“talk”), text messaging (“text”), broadband Internet access services (“data”), and any other services, devices or products provided to you by Vetra, including prepaid wireless service and Voice over Internet Protocol (“VoIP”) services; and (B) “Underlying Carrier” means the wireless provider whose facilities we use to provide you wireless Services.

Other capitalized terms will have the meanings attributed to them in this Agreement. Unless context clearly requires otherwise, the singular of any term will include the plural and vice versa, and terms of any gender include all others.

  1. Service Plans

Except as otherwise described in this Agreement, you must be enrolled in a Service Plan to utilize our Services. Wireless Service Plan descriptions, including rates and associated talk, text, and data allotments (collectively, “Allotments”), are available on the Vetra website at https://vetramobile.com/plans. Service Plan availability, rates, and allotments may vary by location and are subject to change at any time.

Certain Service Plans (e.g. unlimited data plans) may not be limited to specified Allotments; however, such unlimited Service Plans may be subject to other usage requirements or restrictions and/or to our Network Management Policy, posted at https://vetramobile.com/network-management.

You may not be eligible for certain Service Plans or rates. Service Plans are non-refundable, cannot be transferred to any third party (including another Vetra account or customer) without our prior written consent, and may not be exchanged or resold. Notwithstanding the foregoing, Vetra may, from time to time, provide refunds in its sole and absolute discretion.

New subscribers select a service plan upon enrollment online at https://vetramobile.com/get-started/plans, and during that enrollment process, you will set up login credentials to access your account (“Account”) online. Existing subscribers can make permitted changes to their Service Plans in their Account online via the Site, or by calling customer service at (833) 888-3872. Service Plan changes are usually effective at the start of the next monthly service renewal date.

Vetra may reject any order for Services, in whole or in part, in its sole and absolute discretion.

  1. "Top ups"

Unless otherwise restricted by a specific Service Plan, Vetra subscribers whose Service Plan is not unlimited can purchase “Top up” Allotments of talk, text, and data via their online Account. “Top ups” are available for all Services covered by your Service Plan, including by way of example and as applicable to your Service Plan, international calling, domestic and international roaming, and mobile hotspot/tethering. “Top up” purchases shall be priced at Vetra’s then-posted rates, are non-refundable, cannot be transferred to any third party (including another Vetra account or customer), and may not be exchanged or resold. Notwithstanding the foregoing, Vetra may, from time to time, provide refunds in its sole and absolute discretion. If you have reached the limit of the voice, data and/or text Allotment under your Service Plan, you will not be use voice, data and/or text Services, as applicable, for the remainder of the current billing cycle unless you purchase Top up(s) for the affected Service(s) or upgrade you Service Plan to one with greater Allotments.

  1. Talk, Text, and Data Allotments

Talk, text, and data Allotments have no cash value, are non-refundable, cannot be transferred to any third party (including another Vetra account or customer), and may not be exchanged, resold, redeemed, or substituted for cash, merchandise, or services. If you terminate your service, you will forfeit and are not entitled to a full or partial refund for any unused Allotments. Notwithstanding the foregoing, Vetra may, from time to time, provide refunds in its sole discretion.

If you use your full talk, text, or data Allotment before the start of a new monthly cycle, the Service associated that Allotment with be suspended for the remainder of the monthly cycle unless you purchase Top Up Allotments for the remainder of the cycle, except that you will be able to continue contacting emergency services by dialing 911 and Vetra Customer Services by dialing (833) 888-3872. Suspensions may occur while you are engaged in calls, text communications, or data usage, in which case Vetra is not responsible for any costs, losses, or damages caused by such interruptions, including any costs to reestablish communications.

You may check your Allotment balances at any time free of charge by checking your Account online. You are solely responsible for all usage of Allotments regardless of who uses or possesses your device or accesses Services under your Account, regardless of whether the device or Services are used with your consent or knowledge.

Unused Service Plan Allotments, including Top Up Allotments, expire on the last day of your monthly cycle and will not carry over to the next monthly cycle unless specifically provided for by the Service Plan.

  1. Use of Voice Allotments

All incoming and outgoing voice calls on your device, regardless of whether the call is on the network of our Underlying Carrier or roaming, use talk minute allotments, including calls to toll-free numbers but excluding 911 emergency calls, Vetra Customer Service Calls to (833) 888-3872, and other numbers expressly specified herein or in your Service Plan. VoIP calls made with our VoIP service and placed over a Wi-Fi network are not subject to voice Allotments under this Section, but may be subject to allotments and restrictions as set forth in your VoIP Service Plan, if applicable.

Call time is measured in one-minute increments, with a minimum time per call of one (1) minute. Partial minutes of use are rounded up to the next full minute at the end of each call. Vetra does not allow free calls to other Vetra subscribers. Outgoing calls begin the moment you initiate a call, and incoming calls begin when the caller's signal connection is established with our facilities. Calls end after you or the other party terminates the call, but not until we receive a signal that the call has disconnected. The call length information displayed on your device may not be accurate when calculating the use of voice allotments. For simultaneous calls (incoming call, waiting calls, and 3-way calls), talk minutes may be deducted for each call. Call time may include ring time, incomplete calls, unanswered calls, busy signal calls, voicemail deposit and retrieval time, and time to process call transfers. Calls that begin during one monthly cycle and end in another monthly cycle are generally deducted from talk Allotments from the starting monthly cycle. No credit or refund is given for dropped calls.

  1. Use of Data Allotments

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

  1. Devices and Equipment; No Locking

Vetra does not sell or lease mobile phones or other devices or equipment. You are solely responsible for purchasing or leasing from a third party a device that is compatible with the Services you order from us. We may, but are not required to, post necessary device specifications in one or more Service Plans. Vetra does not lock any devices.

  1. Safe Connections Act

The federal Safe Connections Act (“SCA”) allows survivors of domestic violence and other related crimes and abuse to separate their line, or their abuser’s line, from a shared account. A survivor requesting a line separation under the SCA must verify that an individual on the shared account committed or allegedly committed a “covered act” such as domestic violence, dating violence, sexual assault, stalking, trafficking, child abuse, elder abuse, or other similar conduct against the survivor or someone within the survivor’s care.

To submit a line separation request under the SCA or to obtain more information about options available to you, contact Vetra Customer Service at (833) 888-3872. A line separation request must be supported by one of the following types of documentation demonstrating that a person on a shared account committed a covered act against you or a person in your care:

  1. A copy of a signed affidavit from a licensed medical or mental health care provider, licensed military medical or mental health care provider, licensed social worker, victim services provider, or licensed military victim services provider, or an employee of a court, acting within the scope of that person’s employment; or

  2. A copy of a police report, statements provided by police, including military police, to magistrates or judges, charging documents, protective or restraining orders, miliary protective orders, or any other official record that documents the covered act.

Software and Intellectual Property

  1. Software Updates

Vetra may, from time-to-time remotely check, update or change your any Vetra-provided software, Applications, or programming, without notice, to address security, safety, or other issues that may impact your service, our Underlying Carrier’s network. These changes may result in the following, without limitation: data use; modification of your device setting related to the Services; alteration or erasure of data stored on your device; or changes to how you are able to use our Services on your device. Vetra is not responsible for lost data or functionality. While your device is receiving a software update, whether by our action or yours, you may be unable to use your device in any manner until the software update is complete, including contacting 911 or other emergency services.

  1. Device Software, Content, and Applications

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

  1. Vetra Property Rights.

The Services, the Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, trade dress, copyrights, photographs, audio, videos, and music, and all other elements of the “look and feel” of the Site (the “Vetra Content”), and all intellectual property rights related thereto, are the exclusive property of Vetra and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Vetra Content. Use of the Vetra Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

  1. Third-Party Purchases

If you purchase content, information, applications, and other goods and services from third parties, including in-app purchases (collectively, “Third-Party Purchases”) through the Services or your device, you are solely responsible for all charges resulting from Third-Party Purchases and are presumed to have provided the consent and representations required for those purchases regardless of whether the purchases were made by you or someone using a device associated with your Account, including consent for the use and disclosure of your Account in to provision and bill for the purchases, consent to use location information to deliver the purchases to your device, and representations of age for the person using the device when a purchase is made. Vetra shall have no responsibility or liability with respect to any Third-Party Purchases made using or in connection with your Services, including, without limitation, with respect to any such purchase allegedly fraudulently made; provided that Vetra may (but shall not be obligated to) assist you in cancelling any fraudulent Third-Party Purchases made under your Account and reported to Vetra. Vetra makes no representations or warranties (expressed or implied), and to the fullest extent permitted by law expressly disclaims all such warranties, including for merchantability, fitness for a particular purpose, title and/or non-infringement, with respect to Third-Party Purchases nor are we responsible for proper download, installation, functionality, or security of Third-Party Purchases. Vetra’s making access to third party products or services via the Services or the Site shall not be construed as an endorsement of such third-party products or services by Vetra.

Charges and Payments

  1. Charges, Fees, and Taxes

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

  1. Billing and Payment

You may access your monthly invoice on our website. You will receive your bill electronically on a monthly basis. You must prepay the balance due before receiving the allotment specified in your Service Plan. Additionally, if your Service Plan provides for usage-based charges, you will be invoiced for those charges monthly in arrears.

If you do not prepay the amount due for your subscription timely in advance, or if you do not pay any amounts invoiced in arrears within ten (10) days of the date of the invoice, then in addition to any other remedies available to us under these Terms, at law or in equity, we may suspend your Service until payment in full is made. Amounts not timely paid for Services previously rendered will also be subject to late fees at the lesser rate of 1.5% per month or the highest rate allowed by applicable law.

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

For prepayments: We require you to keep valid and current credit card information or other payment information on file with us. If we attempt to charge your credit card or any other payment account for a charge and the credit card company or other financial institution withholds or declines such payment because there is an insufficient balance or the charge has been disputed (a “Chargeback”), we reserve the right to suspend or terminate your access to our Service until the payment is processed or the Chargeback is reversed.

For payments in arrears (if applicable): In the event that you incur usage-based charges or other charges that cannot be calculated in advance, you agree that we may collect those amounts by charging your credit card on file.

By providing payment information and accepting this agreement or using the Service, you authorize us or our payment service provider to charge your payment method FOR ALL CHARGES, INCLUDING in advance for prepaid payments, to ensure that payments are received by any due date. Enrollment in automatic payment (“AutoPay”) is mandatory for all Service Plans, and there is no option to disable AutoPay. By enrolling, you authorize us to automatically charge your payment method on a recurring basis for as long as any line on your Account remains active. To stop billing, you must either (a) suspend a line yourself through your online Account dashboard, or (b) cancel Service by contacting Customer Service by phone or chat. A suspended line is held; however, if a line remains suspended for more than sixty (60) consecutive days, that line will be terminated and you will lose the phone number associated with it, as described in Section 7. We will not, except in our sole discretion, refund, prorate, or credit any charges, fees, or taxes, including if you modify or terminate your service before or have remaining allotments at the end of your monthly cycle. If you wish to dispute a charge, you must do so in accordance with the dispute resolution process described in Section 9.

  1. Deposits

We do not perform credit checks, and no credit approval is required to receive Services; to establish Service you need only provide your name, address, and a valid payment method. Additionally, if you fail to pay all amounts when due, then in addition to its other remedies herein, Vetra may, in its sole and absolute discretion, require a deposit in order to restore or continue Services.

  1. Bonuses

Vetra may, pursuant to certain of its Service Plans, offer bonuses, loyalty rewards or perks (“Bonuses”). The terms applicable to such Bonuses are set forth in the associated Service Plan or at such other location on the Site that Vetra may designate from time to time. Bonuses are offered at Vetra’s sole discretion, except as expressly set forth in a Service Plan. Bonuses can only be claimed and redeemed by accountholders and will only be associated with the Account of the customer who was offered the Bonus. Bonuses may not be sold or transferred to another Vetra Account or to any other person. Bonuses have no fixed or cash value or equivalent and may not be exchanged, transferred, resold, redeemed, or substituted for cash, merchandise, or services. If your Vetra Services are terminated for any reason, any Bonuses offered to you or associated with your Account are forfeited, unless otherwise expressly provided in your Service Plan. If you fail to make payments on your account or otherwise violate this Agreement, you may lose the ability to claim or redeem a Bonus. Bonuses are not your property and Vetra may, in its sole discretion, change, modify, discontinue, suspend, revoke, cancel, or terminate them at any time, with or without notice.

  1. VSUB Program

Without limiting the generality of Section 3.4, subscribers to our Elite Service Plan are eligible to earn Bonuses under our VSUB program. The program rules are set forth below; provided that we may change, modify, discontinue, suspend, revoke, cancel, or terminate the VSUB Program at any time in our sole and absolute discretion.

  1. Eligibility

    • VSUB Bonuses are available under the Elite Service Plan only. The Account must have at least one active Elite Service Plan to receive a VSUB.

    • Only one VSUB participant is permitted per Account, not per Service Plan, telephone number or line. Additional Elite lines on the same Account do not generate additional VSUB Bonuses.

Elite Service Plan subscribers earn one VSUB monthly, as more fully set forth below.

  1. Description of Benefit

    • The VSUB Bonus consists of a bundle of digital subscription benefits to third-party platforms, selected by the subscriber from the then-available options within the subscriber’s Account. Options as of August 1, 2026 include two (2) Twitch channel subscriptions, a YouTube Premium subscription, and a Spotify Premium subscription. Vetra may add, delete or revise the available platforms and subscription benefits at any time and from time to time in its sole and absolute discretion.

    • The then-available platforms and subscription benefit options will be displayed within your Account at the time of redemption.

  2. Delivery

    • Upon qualifying for the VSUB Bonus, customer may elect to redeem the VSUB by logging into your online Account or accessing your Account via our Application. From within your Account, you will be able to select one of the then-available platforms, and the associated subscription benefit will be delivered to the primary email on the Account.

    • Subscription benefits are delivered after the subscriber's payment clears their bank. High-risk transactions may take longer to deliver.

    • Subscription benefits must be redeemed or activated on the selected platform within one (1) year of the date received.

  3. Timing of Bonus Accrual

    • VSUB accrues monthly in accordance with the subscriber's Account cycle. The first VSUB is available in the first cycle after subscriber’s initial payment for Services clears. A new VSUB is available to subscriber in each subsequent cycle after payment of the charges for that cycle is made in full and clears.

A VSUB is only available during the billing cycle in which it became available. If the subscriber does not redeem the VSUB during the cycle in which it was issued, that VSUB expires and ceases to be available as of the first day of the next billing cycle. There is no carryover of VSUB Bonuses.

  1. Conditions, forfeiture, and changes

    • The VSUB benefit has no cash value, is non-transferable, and is not redeemable for cash.

    • Subscriber must remain subscribed to the Elite Service Plan during the applicable billing cycle in order to qualify for the VSUB. Any downgrade or discontinuance of subscriber’s Elite Service Plan will not be effective until the next billing cycle, at which time that subscriber will no longer be eligible for VSUB Bonuses.

    • Subscriber must be current on its Account, and all charges for the billing cycle must be prepaid in order for the VSUB to be available.

Once a subscription benefit is delivered to the primary email on subscriber’s Account, it is governed by the issuing platform's terms (e.g., Twitch, YouTube, or Spotify). Vetra is not responsible for the subscription benefit after delivery, including without limitation for redemption, activation, expiration, or changes made by the issuing platform.

  1. Promotions

Vetra may, from time to time and in its sole and absolute discretion, offer promotional pricing or other benefits for a limited time or in connection with specified subscriptions. Any such promotions offered will be subject to terms and conditions posted on the Site.

Service Features, Limitations, and Notices

  1. Account Access

You can access your subscriber Account information online or by contacting Vetra Customer Service and providing necessary authentication information. You are solely responsible for maintaining the confidentiality and security of your password or other login credentials.

If you call our Customer Service line, you will only be able to access Customer Proprietary Network Information (“CPNI”), as defined by the FCC, see 47 CFR § 64.2003, and as discussed more fully in Section 5 hereof, by providing a password associated with your Account. If you are not able to provide a password, Vetra can only disclose your CPNI by sending it to your address of record or by calling you at your telephone number of record. To protect the security of your CPNI, your password should be unique and complex. You should not provide your Account authentication information, including your password, to third parties, and such information should be stored safely to prevent third-party access. If you believe your account authentication information was disclosed or accessed by an unauthorized person, we advise you to change the information immediately.

We may, but are not obligated to, allow you to authorize other individuals to access your Account. If you authorize another person to access your Account or provide such person with your authentication information, those individuals may be permitted to make changes to your Account. You authorize us to provide information about and make changes to your account, including changes to your Service Plan and features, upon the direction of any person able to provide your authentication information. Those changes will be binding on you, and Vetra will take no responsibility for them.

  1. Wireless Coverage

The availability of Vetra wireless Services is subject to the geographic coverage area of our Underlying Carrier and its roaming partners. Our Service Plans include domestic U.S. coverage only. Except for optional international data roaming Top Ups that we may offer from time to time (data only; international voice and text service is not available), we do not offer international coverage, and any international data roaming is subject to availability, the networks of our Underlying Carrier’s roaming partners, and the rates and terms posted at the time of purchase. Coverage is not available everywhere in the domestic U.S., and you will not have access to our Services outside the coverage area. A coverage map reflecting the approximate geographic coverage area of our Underlying Carrier and its roaming partners can be accessed from our website, at https://vetramobile.com/coverage. Vetra makes no representation or warranty with respect to the accuracy, completeness or currency of any coverage maps. Additionally, actual coverage at any given time may vary by Service and be affected by factors beyond our control. Coverage maps and any statements by us, our agents, or dealers about coverage are only intended to provide high-level estimates of our coverage area when you are using our Services outdoors under optimal conditions and do not mean that service will be available under all circumstances, at all times, or without interruption. Vetra does not guarantee or warrant the coverage of the network of our Underlying Carrier or its roaming partners. Where there is no coverage, 911 calls may not reach public safety answering points. In such instances, subscribers should dial 911 from the nearest landline phone. Coverage maps may be updated periodically and without notice to reflect the current operations of our Underlying Carrier and its roaming partners.

  1. Service Availability and Quality

In addition to factors that affect coverage, Service availability and quality may be subject to “Service Limitations,” which may depend on when and where you are using the Services, including whether you are using the Services as provided by us or whether you are accessing voice or data services via Wi-Fi. Service may be temporarily refused, interrupted, curtailed or limited due to a variety of factors, including, but not limited to: weather and atmospheric conditions; terrain; or other natural or artificial conditions; obstructions; electromagnetic interference; use of the Services inside a building or moving vehicle; your geographic location relative to our coverage area; your proximity to wireless cell sites; the capacity of a cell site; the number of other customers connected to the same cell site; other network capacity limitations and congestion; the capabilities and compatibility of your device; network outages or issues on the network of our Underlying Carrier or interconnecting carriers; and priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency. Service may be temporarily interrupted or curtailed due to usage concentrations, modifications, upgrades, relocation and repairs of transmission network. Once identified, Vetra takes reasonable steps to attempt to remedy Service Limitations that are within its control; however, you acknowledge and agree that most Service Limitations will rely on third party actions to remedy, and that Vetra shall not be liable for the failure or delay of any third party. Service Limitations may also occur as a result of network maintenance, including equipment modifications, upgrades, relocations, repairs, or similar activities necessary or proper for network operation or improvement imposed by Vetra, its Underlying Carrier, or interconnecting carries. Vetra will use reasonable efforts to notify you prior to the performance of such maintenance and will attempt to schedule its maintenance during non-peak hours. Service Limitations may result in dropped or blocked calls, inability to make or receive calls, inability to send or receive text messages, or inability to access the Internet and other data services. You acknowledge that the Services are provided through the nationwide wireless network of the Underlying Carrier of our choosing and may be subject to the service availability and quality of our Underlying Carrier. All Service is provided on an ”as available,” “reasonable efforts” basis. We do not represent, guarantee or warrant the availability or quality of the Services at any given time or geographic location, we are not liable for Service Limitations, and you are not guaranteed compensation or reimbursement for Service Limitations.

  1. Service Security and Optimization

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

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

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

  3. limiting data throughput speeds or quantities;

  4. reducing the size of data transfers;

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

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

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

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

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

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

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

  12. blocking or terminating usage that is indicative of uses prohibited by our AUP, including uses that result in abnormally long calls, high costs, or high usage.

Some of these actions may interrupt or prevent legitimate communications and usage, including by resulting in dropped or blocked calls, inability to make or receive calls, inability to send or receive text messages, or inability to access the Internet and other data services. Nonetheless, neither Vetra nor the Underlying Carrier can guarantee the security of wireless transmissions or will be liable for any lack of security relating to the use of the Service.

  1. Wireless Device Location Information

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

  1. 911 and Other Emergency Services

If your device is location-enabled, such location information may be used to assist emergency services in finding you, but you should always be prepared to provide both your location information and phone number when contacting 911 or other emergency services. Wireless devices may not always be able to provide 911 dispatchers with your exact location or other information when you make an emergency call. Even when location information is transmitted from your wireless device to a dispatcher, the information may not be accurate. If you attempt to make an emergency call from your wireless device in an area where there is no wireless coverage, your call may not go through, in which case, you should try calling again from the nearest landline phone. Vetra does not guarantee that your location information will be transmitted to emergency dispatchers, that any location information that is transmitted will be accurate or that the Public Safety Answering Point or other emergency call taker (“PSAP”) will be able to receive location information. Vetra further does not guarantee that you will be able to contact emergency services in areas where there is limited or no wireless coverage. Vetra shall have no liability for any failure of a 911 call to connect, the failure to deliver location data to the PSAP, or the inability of the PSAP to receive telephone number or location data transmitted over the Services. Further limitations and conditions applicable to 911 services are set forth in out 911 Disclosure at https://vetramobile.com/911-e911-disclosure which is incorporated by reference herein.

For data-only plans: If you subscribe to a data-only Service Plan, that Service Plan does not allow you to contact 911 or other emergency services.

VoIP Services: If you receive interconnected VoIP Services from us, your access to 911 services is subject to further limitations, as set forth in our 911 Disclosure posted at https://vetramobile.com/911-e911-disclosure.

BY USING OUR SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, AND UNDERSTAND AND AGREE TO, ALL LIMITATIONS ON 911 SERVICES AS SET FORTH IN THIS SECTION AND, IF APPLICABLE, THE VOIP 911 DISCLOSURE.

  1. Third-Party Content and Applications

The device you use with our Services may be used to access and disseminate third-party content and applications through the Services. Some content and applications may: (i) harm your device or its software; (ii) infringe on the rights of others; (iii) be unreliable, inaccurate, or incomplete; (iv) be offensive, indecent, or objectionable; or (v) be unsuitable for minors. When you access, download, install, or use third-party content and applications, you may voluntarily or involuntarily provide information to third-party content and application providers. You are solely responsible for evaluating the third-party content and applications accessed while using the Services. By allowing a minor to use the Services, you are consenting to the minor being able to access any third-party content and applications available through the Services and provide information to the third-party content and application providers. Vetra does not control and is not responsible for any third-party content and applications accessed or disseminated using the Services. We may, but do not have the obligation to, monitor, review, and restrict or refuse to transmit certain third-party content and applications. Vetra is not a publisher of third-party content and applications. When you access, download, install, or use third-party content and applications, you are subject to the terms and conditions and privacy policies of those third-party content and applications. For assistance with third-party content and applications, contact the third-party developers or owners directly.

  1. Phone Numbers and Porting

You must accept the phone number we assign to you at the time you subscribe to Vetra’s Services. We reserve the right to change your mobile phone number at any time, but we will attempt to notify you prior to any such change. You can switch your number to another Vetra Device at no additional charge. Except for any legal right you may have to transfer (“port”) your phone number to or from another carrier, you have no and cannot gain any proprietary ownership or other rights to any phone number we assign to you. We do not guarantee that numbers ported to or from Vetra will be successful. To request to port a phone number to or from Vetra, you must contact Vetra Customer Service at (833) 888-3872. Before you call to port a number to Vetra, you will need to have a bill from your existing wireless or wireline provider available. Vetra may require written authorization from you to port a number to or from Vetra. When you port a number to Vetra from another carrier, you are solely responsible for all charges billed or incurred prior to deactivation of service with your prior carrier and for any applicable early termination fees assessed by your prior carrier; Vetra will not reimburse you for these charges. Due to compatibility issues, you may be required to purchase or obtain a new device to use our Services after you port a number to Vetra, and you may be without Services until the new device is configured. If you authorize another carrier to port a number from Vetra, we will consider that a request by you to terminate all of your Services with us that are associated with that number and the termination will occur on the date the number is ported. Notwithstanding our honoring port requests, any balance due will still be owed to us by you. If your Services are terminated for any reason and you do not port your number to another provider, we may reassign the phone number you were using to another subscriber without notice. You will not be able to transfer any unused talk, text, or data allotments on your Vetra account to your new provider, and after the porting is completed, you will no longer be able to use our Services with that number. Under no circumstance will we refund you for any voice, data or text allotments or Account payments if you port out your number. If you port your phone number to or from Vetra, some Services, such as 911 location services, may not be immediately available through Vetra or the other carrier while the port is being processed.

  1. Site Use

The Site is provided on an “as is” basis. Vetra makes no representation, warranty or commitment of any kind with respect to the completeness or accuracy of any information on the Site or any other website linked on the Site, or the availability of the Site. Vetra makes no guarantee that its Site and/or content or services will be operational with your computer, browser, hardware, or software. You may download, view, print, and copy the content on the Site and other downloadable items displayed on the Site for personal use only, provided that you maintain, to the extent reasonably practicable, all copyright and other notices contained therein. Vetra may, in its sole and absolute discretion, change, suspend, or discontinue any aspect of the Site at any time, including the availability of any feature, database, or content. Vetra may also impose limits on certain features and services available on the Site or restrict your access to parts or all of the Site without notice or liability. Your use of the Site is subject to our Privacy Policy.

CPNI

In the normal course of providing services to our users and customers, Vetra collects and maintains certain CPNI typical to the industry. CPNI includes the types of telecommunications Services and/or interconnected VoIP services you currently purchase or subscribe to, how you use those Services (for example, calling records), and billing information related to those Services. Your Vetra telephone number, name, and address do not constitute CPNI. We do not sell, trade, or otherwise share your CPNI with anyone outside of Vetra, our Underlying Carrier, and those parties authorized to represent Vetra to offer our Services or to perform functions on our behalf related to our Services, except as set forth herein, as the law may require or you may authorize. Federal law generally permits us to use CPNI in our provision of the telecommunications and/or interconnected VoIP services you purchase or subscribe to, including billing and collections for those services. We may also use or disclose your CPNI for legal or regulatory reasons such as to respond to a court order, to investigate fraud, to protect our rights or property, to protect against the unlawful use of our Services, or to protect other users.

You may elect to prohibit our use of your CPNI to market services other than services of the same type that you already purchase from us by providing us with your “opt-out” notice within thirty (30) calendar days of your Service commencement via calling Customer Service at (833) 888-3872 or emailing [email protected]. If Customer fails to do so within such timeframe, you will be deemed to have given Vetra consent to use your CPNI to market services other than services of the same type that you already purchase from us. Restricting our use of CPNI for these marketing activities will not affect our provision of any Service, nor will it necessarily eliminate all types of Vetra marketing.

Data Sharing with Creators

Certain of our Services involve the interaction of subscriber with content creators with whom we have partnered (“Creators”). A list of Creators, as modified from time to time, is available at https://vetramobile.com/creators. You acknowledge, understand and agree that if you have subscribed to our Services through a Creator’s platform or if you follow a Creator using our Services, we will share certain usage, engagement or other data with such Creator, and that the information shared may or may not include information that would constitute CPNI. To the extent that such information includes CPNI, you acknowledge and agree that our sharing of such information with Creators is necessary to provide and improve the services that we provide to you in conjunction with the Creators whose content and services you have selected, and you consent to our sharing of information with such Creators in accordance with this Section.

Termination, Suspension, Modification, and Limitations of Your Services

Unless otherwise specified in your Service Plan, our Services are provided on a month-to-month term. Either party may terminate this Agreement, at any time on thirty (30) days’ advance notice to the other party with or without cause.

Additionally, Vetra may, at any time, with or without prior notice, and at our sole discretion, terminate, suspend, modify, or limit your Services if:

  1. we know or suspect you or someone using your Device or Services violated or attempted to violate this Agreement, the AUP or any other Vetra policies or terms;

  2. we know or suspect you used or attempted to use false or fraudulent means to obtain our Services;

  3. we know or suspect you violated or attempted to violate any applicable laws or regulations;

  4. we know or suspect that you have committed a criminal or harmful act against Vetra or any of our employees or agents;

  5. we know or suspect you are using our Services for fraudulent purposes;

  6. your payment is returned unpaid, you fail to make all required payments when due, any payment is past due, or we reasonably believe there has been fraudulent payment activity in connection with your Services;

  7. you provide inaccurate or misleading credit information, your credit has deteriorated, you become insolvent or bankrupt, or we otherwise believe that there is a risk of non-payment;

  8. your actions expose Vetra to sanctions, prosecution, civil action, or other liability;

  9. your actions cause harm or interfere with the integrity, security, or normal operations of our network or that of our Underlying Carrier;

  10. your actions interfere with another subscriber’s ability to use the Services;

  11. your actions otherwise present an imminent risk of harm to Vetra or its subscribers;

  12. we discover you are under 18 years old and therefore incapable of contracting for goods and services;

  13. you threaten, harass, abuse, offend, or use vulgar, derogatory, or inappropriate language toward our employees, agents, or any person whom you contact using our Services;

  14. we are ordered to do so by any federal or state court or government entity;

  15. a condition immediately dangerous or hazardous to life, physical safety, or property exists; or

  16. we cease to provide Services in your area.

We may terminate or suspend talk, text, and data services individually or collectively. If we suspend any Service, and you cure the failure or default that led to such suspension, we may require a deposit and/or a restoration fee as a condition of restoring your Service.

Upon termination, any unused allotments will expire, and you will not receive a refund, except that if Vetra terminates your Services without cause, Vetra will refund the pro-rata unused portion of any amounts you have prepaid for the then-current billing cycle. Additionally, upon termination, unless you have requested porting of your number to a new carrier prior to the effective date of termination, Vetra may reassign the phone number you were using to another subscriber without notice.

We may modify your Services by changing your Service Plan or features. We are not liable for any harms that may result from termination, suspension, modification, and limitations of your Services and you will not receive a refund or credit from Vetra for any unused or unusable talk, text, and data allotments as a result of such termination, suspension, modifications, and limitations.

You can request that we terminate your Services within your online Account or by contacting Customer Service by phone or chat. You may also suspend a line at any time through your online Account dashboard. A suspended line is held; however, if a line remains suspended for more than sixty (60) consecutive days, that line will be automatically terminated and you will lose the phone number associated with it.

You can request suspension of your Services if your device is lost or stolen by accessing your Account online or contacting Customer Service at (833) 888-3872. You may reactivate Services and associate a new device with your Account by accessing your online Account or by contacting Customer Service.

Service may be temporarily suspended or permanently terminated without notice if our agreement with the respective Underlying Carrier is terminated for any reason. You waive any and all claims against the Underlying Carrier, including any roaming carrier, for such suspension or termination.

Warranties, Liabilities, and Indemnification

  1. Warranty Disclaimer

Vetra makes no representations or warranties, express or implied, including without limitation, any implied warranty of merchantability, suitability, non-infringement, or fitness for a particular purpose, or performance to you or any other person or entity in connection with, arising out of, or relating to the Services and/or the site, to the fullest extent permitted by law. We do not authorize anyone to make warranties on our behalf. We do not guarantee uninterrupted or error-free Services or the Site, wireless coverage, or particular service speeds or quality of service. We also 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 should implement appropriate safeguards to secure any devices or equipment you may use with the Services. We do not manufacture or provide any such devices or equipment that your may use with our Services and are not responsible for any defects, acts, or omissions of the manufacturers, including any warranty, patent, or licensing obligations.

  1. Limitation of Liabilities

To the fullest extent permitted by law, you agree that Vetra and all parents, subsidiaries, affiliates and their past, present, and future officers, directors, employees, agents, representatives, partners, licensors, successors, and assigns shall not be liable, whether or not due to our or their negligence, for any:

  1. act, omission, or error by you or a third party, including third-party service providers or vendors;

  2. charges for any products or services provided by third parties and accessed through or for use with our Services or Site;

  3. claims against you by third parties;

  4. mistake, omission, interruption, outage, error, failure, delay, defect, or limitation in the provision of Services or the operation of the Site;

  5. deficiencies or problems with network coverage (e.g., dropped, blocked, interrupted Services, etc.);

  6. damage, injury, or loss caused by or arising out of your use of the Services, including traffic or other accidents and health-related risks or issues, or our suspension or termination of the Services;

  7. damage, injury, or loss caused by any interruption, failure, or delay in accessing or attempting to access emergency services using the Services, including 911 services;

  8. interrupted, failed, or inaccurate location services;

  9. quality, appropriateness, accuracy, or suitability of any content, information, or applications you may access while using the Service or the Site;

  10. information or communications that are blocked by a spam filter or that we otherwise restrict or block consistent with this Agreement;

  11. damage, harm, or loss that may result from your communications being intercepted;

  12. unauthorized access to your Account caused by your actions or that circumvent our reasonable security measures;

  13. changes in operation, equipment, or technology that cause your device or software to be rendered obsolete or require modification;

  14. damage to or loss of any information or data stored on your device or any other equipment you use with the Services;

  15. loss or disclosure of sensitive information you transmit when using the Services or when accessing the Site (including any damage, loss, harm, or disclosure that results from malware);

  16. default, delay, damage, or harm due to factors beyond our control (i.e., force majeure events); or

  17. unauthorized or disputed charges for Vetra services that appeared more than 60 days earlier on your online Account statement and which you did not properly dispute within 60 days after the charge was posted to your Account.

To the fullest extent permitted law, Vetra shall not be liable for any indirect, special, punitive, incidental, exemplary, or consequential losses or damages you or any third party may suffer by use of or inability to use your the Services or the Site, including loss of business or goodwill, loss of revenue or profits, property damage, costs for replacing products and services, or claims of personal injuries. To the fullest extent permitted by law, our liability for monetary damages for any claims you may have against us shall not exceed the total amount of charges paid by you for the applicable Services for the twelve (12) months preceding the date on which the claim accrued. The above limitations of liability will apply regardless of the theory of liability, including fraud, misrepresentation, breach of contract, personal injury, negligence, or product liability.

  1. Indemnification

To the fullest extent permitted by law, you agree to defend, release, indemnify, and hold harmless Vetra and its parents, subsidiaries, affiliates and their past, present, and future officers, directors, employees, agents, representatives, partners, licensors, successors, and assigns (the “Indemnitees”) from and against any and all claims, causes of action, losses, expenses, liability or damages, losses, liabilities, injuries, including without limitation for any personal injury or death, costs, penalties, settlements, and expenses (including taxes, fees, fines, penalties, interest, expenses, and attorneys’ fees) (collectively, “Claims”) arising out of or relating to, directly or indirectly: (a) your or any other person’s use of the Services, or the use, failure to use or inability to use a phone number, whether based in contract or tort (including strict liability) and regardless of the form of action; or (b) your acts or omissions, including your breach or violation of this Agreement, other Vetra policies, or any applicable statutes, ordinances, laws or regulations of any federal, state, or local authority, whether or not such Claims arise in whole or in part from the alleged negligence of Vetra. If a Claim is asserted against us, or we reasonably determine that a Claim might adversely affect Vetra, we will notify you of such Claim; provided that any delay by us in notifying you will not relieve you of your indemnification obligations under this Section except to the extent that you are actually prejudiced by the delay. You will use counsel reasonably satisfactory to us to defend each Claim, you will not consent to the entry of a judgment or settle a Claim without our prior written consent, and we may take control of the defense at our expense (and without limiting your indemnification obligations). This obligation shall survive termination of your Services with Vetra.

DISPUTE RESOLUTION

  1. Informal Dispute Resolution

For all disputes, you must first give us an opportunity to resolve your claim by sending a written description of your claim to the address in Section 10.5 below. We each agree to negotiate with each other in good faith about your claim. If we do not resolve the claim within 60 days after we receive this claim description, you may pursue your claim in court. If you dispute any charge invoiced to you, you must raise the dispute to such charge within the sixty-day period provided in this Agreement or such dispute is forever waived. We each agree that if you fail to timely pay any amounts due which are not properly disputed, Vetra may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or this Agreement.

  1. Arbitration. Subject to Section 9.3, and to the fullest extent permitted by applicable law, all disputes, including without limitation those regarding the formation, interpretation, breach or termination hereof, or any issue regarding whether a dispute is subject to arbitration hereunder, that cannot be settled by good faith negotiation between the parties within a reasonable period of time, will be conclusively determined by a final and binding arbitration proceeding to take place in Hillsborough County, Florida. Such proceeding will be conducted in English and administered by American Arbitration Association, pursuant to its Consumer Arbitration Rules then in effect, before a panel of one arbitrator chosen in accordance with such rules. The arbitrator will not award punitive or exemplary damages, and will not have the authority to limit, expand or otherwise modify the terms of the Agreement. The ruling by the arbitrator may be entered in any court having jurisdiction over the parties or any of their assets. The administrative fees, arbitrator’s fees, and other costs of arbitration will be allocated between the parties in accordance with the AAA’s Consumer Arbitration Rules and its consumer fee schedule then in effect, and we will pay all such fees and costs that those rules require us to pay. Each party will bear its own attorneys’ fees and other costs associated with the arbitration, except as otherwise provided by applicable law or the applicable rules. The parties agree that this arbitration provision may be enforced by injunction or other equitable order, and no bond or security of any kind will be required with respect to any such injunction or order. The parties, their representatives, other participants and the arbitrator will hold the existence, content and result of arbitration in confidence.

  2. Injunctive Relief. Nothing in Section 9.2 will be construed to preclude either party from seeking provisional remedies, including but not limited to temporary restraining orders and preliminary injunctions, from any court of competent jurisdiction in order to protect its rights pending arbitration.

  3. CLASS ACTION WAIVER

YOU AND VETRA EACH AGREE THAT ANY PROCEEDINGS 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. If a court determines in an action between you and us that this Class Action Waiver is unenforceable, then the class action waiver will be void as to you.

  1. JURY TRIAL WAIVER

YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JURY.

  1. Governing Law, Venue and Jurisdiction

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice of law or conflict of law provisions.

Exclusive Jurisdiction and Venue: For any proceeding permitted to be brought in court hereunder, the state and federal courts in or for Hillsborough County, Florida shall have exclusive jurisdiction to hear and determine any claims or disputes between the parties arising out of or relating to this Agreement. Venue for any suit or action filed by either party under this Agreement shall be exclusively in such courts.

Consent to Jurisdiction: The parties hereby irrevocably submit to the personal jurisdiction of such courts and waive any objection to venue in the federal or state courts in or for Hillsborough County, Florida, including any objection based on forum non conveniens.

Miscellaneous

  1. Severability

If any part or provision of this Agreement, including the AUP or any Service Plan term, is deemed unlawful, void, or for any reason unenforceable by a court or agency of competent jurisdiction, that part shall be interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties or shall be severed from this Agreement in that jurisdiction if required and the remaining provisions of the Agreement shall remain in full force and effect.

  1. Survival

Any rights, obligations, commitments, or provisions in this Agreement that, by their nature or context, are intended to or would logically continue to apply following termination of Services or of this Agreement survive termination of the Services and this Agreement, including, but not limited to those relating to complaints, payment obligations, 911 and emergency communications, warranty disclaimers, limitation of liability, indemnification and dispute resolution (including no class action and no jury trial). Section 9 Dispute Resolution will survive any termination, payoff or transfer of this contract.

  1. Consent to Receive Communications

Vetra may occasionally need to communicate with you about your Services. We may do so without your consent in certain instances, for example in emergency situations or for service-related communications where you are not charged for the message. If such communications use or rely upon your CPNI, they are subject to Section 5 hereof.

You provide consent for Vetra or our authorized agents or representatives to contact you using live, automated, or prerecorded messages (including artificial voice technologies) to any landline, wireless, or facsimile telephone number, including via text messages to your phone. We may contact you for service-related, informational or marketing purposes via these methods. You also provide consent to contact you, regardless of whether your number is listed on the Do-Not-Call Registry or a state equivalent registry. Consent to such contacts is not a condition of service and may be revoked at any time.

Finally, you provide consent for us to contact you for any reason, including for marketing purposes via the email address we assign you or you provide in connection with your service.

You agree that we also have the consent to contact any authorized user on your Account for Service or payment-related reasons via any of the methods described above. Some of these communications may result in charges to you. Your consent to be contacted via any of the methods described above may be revoked at any time by any reasonable means.

  1. Modifications to this Agreement

We may, at any time, modify any part of this Agreement; any other terms, conditions, and policies; our rates, fees, and charges; our Service Plans, features, and products; and our coverage areas, Underlying Carrier, and provisioning technology. We will use commercially reasonable efforts to provide you with advanced notice of any modifications that have a material adverse impact on you or your use of the Services (other than changes to governmental fees, proportional charges for governmental mandates, and administrative charges); provided, that modifications required by our Underlying Carrier or a governmental body may be implemented without prior notice, regardless of materiality. We may provide you with notice of any other modifications, as described in Section 10.5 (Notices) or as otherwise required by any applicable law, regulation, or order. If any regulatory body or a court of competent jurisdiction, issues a law, regulation, rule, or order that has the effect of materially increasing the cost to provide the Services or canceling, changing, or superseding any material term or provision of this Agreement (collectively “Regulatory Requirement”), then this Agreement shall be deemed modified in such a way as is consistent with the form, intent, and purpose of the Regulatory Requirement and otherwise as is necessary to comply with the Regulatory Requirement. Material adverse modifications become effective thirty (30) days after we deliver notice to you or as otherwise specified in the notice. All other modifications become effective when posted on the Site or as specified in any notice. If you continue to access, use, or purchase Vetra Services on or after the effective date of such modifications, you accept those modifications. Except as provided in this Section 10.4, any other change to the Agreement shall be in writing and signed by both parties. Neither the course of conduct between you and Vetra nor common trade practice will act to modify any provision of this Agreement.

  1. Notices

We or our authorized agents may use any of the following methods to provide you with notices: correspondence to any physical address or e-mail addresses you have provided us; live or prerecorded calls, voice messages, or text messages delivered to your device or any other phone number you have provided us; prerecorded messages when you attempt to place a call; in-app messages or push notifications; posting on our Site or in your online Account; or by any other means Vetra deems practicable. You are responsible for updating your contact information with us when it changes. Notices are treated as delivered when you accept a call; when delivered to a voicemail service associated with your service or an alternate telephone number you have provided to us, to a text messaging service associated with your Service number, or to an email address you have provided to us; when posted on our Site; and three (3) days after mailed to your last known billing address. Except as otherwise provided in this Agreement, you must provide us notice in writing and sent to us via nationally-recognized overnight courier or registered US mail, postage prepaid and return receipt requested, to Vetra Communications LLC, 3719 Corporex Park Dr, Ste 75, Tampa, Fl 33619.

  1. No Third-Party Beneficiaries

This Agreement is solely for the benefit of you, Vetra, and our parent companies, affiliates, subsidiaries, and successors in interest. Except as otherwise expressly stated, no provision of this Agreement shall be deemed to confer on any third parties any remedy, claim, liability, reimbursement, cause of action, or other right or benefit.

  1. Assignment

You may not transfer or assign this Agreement or any of your rights or obligations under it, by operation of law or otherwise, without our prior written consent. We may transfer or assign all or part of this Agreement or your debts to us, or delegate any of our obligations hereunder, without notice. Upon our transfer or assignment of this Agreement, Vetra shall be released from all liability with respect to this Agreement.

  1. Force Majeure

Neither party shall be liable for any default or delay in the performance of its obligations hereunder (excluding any payment obligations) if and to the extent that such default or delay arises out of causes beyond their reasonable control, including, without limitation, acts of God, including weather-related phenomenon, earthquakes, and floods; fires; acts of war or terrorism; civil disorders, including riots, rebellions, and insurrections; labor disputes, including strikes, lockouts, and work stoppages; medical emergencies, including pandemics and quarantine restrictions; network problems, including cable cuts, power outages, network failures, and computers viruses; and any other catastrophes, national emergencies, or government orders or acts. The time for any performance required hereunder shall be extended by the delay incurred as a result of such force majeure event, and if either party is unable to perform as a result of such event, it shall act with diligence to correct or mitigate such event.

  1. Enforcement

Vetra has the right, but not the obligation to, monitor, investigate, restrict, enforce, bring civil litigation, press charges, or engage in any other self-help regarding any actual, attempted, or suspected violation of this Agreement. Vetra will determine, in its sole discretion, whether you violated or attempted to violate any of the provisions of this Agreement, including the AUP. If we determine or suspect that you violated or attempted to violate this Agreement, then in addition to our other rights hereunder, we may report actual or suspected criminal offences to appropriate law enforcement authorities. Vetra will cooperate with law enforcement investigations where criminal activity is suspected, and you agree to cooperate with any such investigations.

  1. Headings

Section headings are for convenience only, and shall not affect the interpretation of any provision hereof.

  1. No Waiver

The failure of either party to assert any of its rights under this Agreement, including, but not limited to, the right to terminate the Service in the event of breach or default by the other party, will not be deemed to constitute a continuing or permanent waiver by that party of its right to enforce each and every provision of the Agreement in accordance with their terms.

  1. Integration

This Agreement and the Service Plans, policies, documents, and/or agreements incorporated by reference herein represent the complete agreement between you and Vetra. This Agreement supersedes any and all prior or other agreements, arrangements, representations, contracts, warranties, advertising, statements, offers, guarantees, assurances, and understandings relating to the subject matter of this Agreement, whether written or oral, including any other documents or statements by any sales representative, service representative, or other agent.*

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