Terms & Conditions
Last Updated | November 15, 2024
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION AND JURY OR JURY TRIAL WAIVER CLAUSES IN SECTION 9 BELOW THAT IS APPLICABLE TO YOU AND US.
This Agreement governs the provision of the Services by Thrive Health Tech, Inc (d/b/a Thrive Mobile) ("Thrive Mobile," the "Company," "we," "us," or "our") to you ("your," "applicant," "customer," "subscriber," "participant," or "user") and your use of the Services and Devices. 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 provided to you by Thrive Mobile including support services provided by Thrive Assistants pursuant to Section 11 of these Terms and Conditions, services and devices subject to Affordable Connectivity Program discounts, and prepaid wireless service; (B) "Device" means any phone, smartphone, tablet, accessory, or other device provided or sold to you by Thrive Mobile or that you activate or use with our Services; and (C) "Underlying Carrier" means the wireless provider whose facilities we use to provide you wireless Services. The complete Agreement between you and Thrive Mobile consists of:
1.
these Terms and Conditions and Agreement to Arbitrate Disputes and Judge or Jury Trial Waiver ("Terms and Conditions"), including the Acceptable Use Policy;
2.
any terms of service associated with your selected Service Plan;
3.
any tariff we have filed with respect to any of the Services we provide you;
4.
the Thrive Mobile Privacy Policy, available at https://www.thrivemobile.com/transparency-policy;
5.
the Thrive Mobile Broadband Transparency Policy, available at https://www.thrivemobile.com/transparency-policy;
6.
the Thrive Mobile Accessibility Policy, available at https://www.thrivemobile.com/accessibility-policy; and
7.
any other policies or documents incorporated herein or therein by reference.
To the extent that any provision or clause in these Terms and Conditions 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.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY as they contain important information about your rights and obligations related to the Services and Devices we provide to you. These Terms and Conditions: (1) require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions; (2) limit our liability and the remedies available to you in the event of a dispute; (3) permit us to terminate, suspend, modify, or limit your Services at any time, without prior notice, and for any reason, including your violation of these Terms and Conditions; and (4) reserve our right to modify these Terms and Conditions at any time, in our sole discretion, and with limited notice requirements, with most modifications becoming binding on you once posted on the Thrive Mobile website, which you should check regularly for updates.
THIS AGREEMENT BECOMES EFFECTIVE AND LEGALLY BINDING ON YOU WHEN YOU:
(a) 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. This Agreement continues until we or you terminate your Services. You must be 18 years or older to enter into this Agreement. When you accept these Terms of Service, you represent that you are at least 18 years of age and that you meet the eligibility standards for Thrive Mobile's Services. If you disagree with any of the terms or conditions stated herein or you are not 18 years of age, do not initiate Services with Thrive Mobile or contact Thrive Mobile Customer Service immediately to terminate your Services by dialing 611 from your Thrive Mobile Device or calling toll-free at 888-445-1069. We may deny requests to subscribe to our Services for any lawful reason.
1. AFFORDABLE CONNECTIVITY PROGRAM
1. Program Description
The Affordable Connectivity Program (ACP) is a government assistance program administered by the Universal Service Administrative Company (USAC). The ACP program provides discounts on monthly communications services for eligible consumers, including voice calls, text messages, and broadband Internet access services. The ACP presently provides discounts of up to $30 per eligible household on monthly broadband Internet access service (or up to $75 per eligible household on Tribal lands). Eligible households can also receive a one-time discount of up to $100 to purchase a laptop, desktop computer, or tablet from participating providers if they contribute more than $10 and less than $50 toward the purchase price. Discounts are applied to the retail rates of Thrive Mobile's Service Plans (discussed in Section 2) for eligible Thrive Mobile subscribers.
2. Application Process
To request enrollment in Thrive Mobile's ACP-supported services, you must complete an ACP service application. The application requires that you certify, under penalty of perjury, that you understand and agree to the laws, regulations, and other requirements for receiving ACP services. By submitting an application, you consent to Thrive Mobile or its representatives assisting you with applying for ACP services or doing so on your behalf and to the release necessary information (e.g., name, telephone number, address, and eligibility information) to process your application or for administration of ACP services to federal government entities, or USAC. Failure to consent will result in denial of ACP services.
This consent is ongoing while you are a Thrive Mobile ACP subscriber and survives any termination of this Agreement. Thrive Mobile addresses subscriber data use and subscriber privacy rights in detail in its Privacy Policy, available at https://www.thrivemobile.com/privacy-policy. Thrive Mobile's Privacy Policy is incorporated into this Agreement by this reference.
3. Eligibility
You must meet the applicable eligibility standards to be eligible for Thrive Mobile's ACP services. ACP eligibility standards are determined by federal law and regulations. These eligibility requirements include program-based eligibility or income-based eligibility. You must also be at least 18 years old (unless you are an emancipated minor) and must not be listed as a dependent on another person's tax return (unless over the age of 60).
Eligibility is determined when applicants enroll in eligibility databases, which may request documentation as evidence of an applicant's eligibility. Acceptable documentation is determined by USAC and third-party administrators and will be explained to you when such documentation is requested.
4. ACP Program-Based Eligibility
Thrive Mobile subscribers may qualify for ACP program-based eligibility if they participate in one or more of the following programs: