Customer Agreement

GODSPEED TECHNOLOGIES Inc., a South Carolina LLC, (GODSPEED, we, us or our) is the developer and owner of various software applications (the L.O.V.E. Apps) that can be used to interact within the L.O.V.E. ecosystem, which includes the L.O.V.E. Phone.

These Terms of Service are a legal agreement between you and GODSPEED applicable to your use of the software made available by GODSPEED which may include, but may not be limited to, the following mobile, satellite, and/or web-based applications (the GODSPEED Apps):

• L.O.V.E.chat – Communications Services (messaging, audio, and video)
• L.O.V.E. Browser – Communication (Web Browsing)
• L.O.V.E. App – Social Networking Services

To uninstall any GODSPEED Apps, please use the application manager provided with your device or consult your device manual for reference.

2. Other Terms May Apply

In addition to these Terms of Service, your use of the GODSPEED Apps will also be governed by any applicable policies listed within the L.O.V.E. Ecosystem, such as our Privacy Policy.

We may amend our Acceptable Use Policy, Privacy Policy, Cookies Policy, Wallet Terms and these Terms of Service from time to time. Any changes will take effect upon the expiration of thirty (30) days after updated and posted to our website, unless you object to the changes prior to the expiration of the thirty (30) day period.

We may or may not inform you at the time of the change about your right to object, the due date, and your option to uninstall and discontinue using the relevant GODSPEED Apps. If you do not agree to any change, please uninstall and discontinue using the relevant GODSPEED Apps.

Any use of a relevant GODSPEED App after the thirty (30) day notice period constitutes your acceptance of any change.

3. Third-party Services

The GODSPEED Apps may include additional functionality that you have the option of using that involve third-party services that are owned and run by companies or organizations not related to GODSPEED. There may be additional terms, licenses or rules applicable to third-party services available through GODSPEED, some of which may involve registration(s) on websites or through applications not controlled by GODSPEED, in which case such terms, licenses or rules will apply to those third-party services.

By accepting these Terms of Service, you consent to those services, including the provision of certain personal or business-related information as a requirement for the activation of certain features of the GODSPEED Apps.

GODSPEED shall not be liable for any conduct, actions, or negative consequences that arise as a result of your use of third-party services in connection with the GODSPEED Apps. The GODSPEED Apps may also integrate with third-party data sources that provide relevant data to users. This data is beyond GODSPEED’s control and GODSPEED shall not have any liability to you for incorrect data, and you should verify any data you receive through any GODSPEED App before acting on it.

4. Software License

In consideration of you agreeing to abide by these Terms of Service, GODSPEED grants to you a non-exclusive, non-transferable license to use the GODSPEED Apps on the terms set out below. GODSPEED remains the owner of the GODSPEED Apps at all times.

You may download, install and use the GODSPEED Apps for your own purposes only.

You are also granted a limited, nonexclusive, non-transferable right to create a text hyperlink to the Service for non-commercial purposes, provided that such link does not portray GODSPEED or our affiliates or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a logo or other proprietary graphic of GODSPEED without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any GODSPEED trademark, logo or other proprietary information, including the images found on the GODSPEED Apps, the content of any text or the layout or design of any page, or form contained on a page, on the Service without our express written consent.

5. Restrictions

Except as expressly set out in these Terms of Service or as permitted by any local law, you undertake:

• Not to copy the GODSPEED Apps except where such copying is incidental to normal use or where it is necessary for the purpose of back-up or operational security
• Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the GODSPEED Apps
• Not to make alterations to, or modifications of, the whole or any part of the GODSPEED Apps nor permit any part of them to be combined with, or become incorporated in, any other programs
• Not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the GODSPEED Apps nor attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving interoperability of the GODSPEED Apps with another software program or application, and provided that the information obtained by you during such activities

6. Our Intellectual Property And Content

GODSPEED is the owner or the licensee of all intellectual property rights in the GODSPEED Apps, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Without prejudice to the above, you acknowledge that:

• All intellectual property rights in the GODSPEED Apps anywhere in the world belong to GODSPEED
• All rights in the GODSPEED Apps are licensed (not sold) to you, and you have no rights in, or to, the GODSPEED Apps other than the right to use them in accordance with these Terms of Service
• You have no right to have access to the GODSPEED Apps in source code form

The GODSPEED Apps may include information and materials uploaded by other users of the site, including to bulletin boards, forums, social postings, and chat rooms. This information and these materials have not been verified or approved by GODSPEED and the views expressed by other users do not represent our views or values.

7. Your Device Service

 Your Service terms and conditions are part of this Agreement. Your purchase of an  L.O.V.E. Phone includes 12 months of satellite service, shipping to your location, and phone damage insurance.  After your 12 months, your Plan is only $9.95 per month.  We will contact you when your 12 months of no charge service is set to expire so you can set-up a billing and

By using the Service, you are agreeing to all provisions of this Agreement, any applicable terms and conditions for your Service, and the terms described whether you have read them or not.

8. Device Cancellation

 You can cancel Service at any time, and your satellite connectivity will be removed.  If you are on a payment plan that is financed, please see the terms of cancellation or returns provided by your financing institution.

9. Your Privacy

Accepting this Agreement means that you also agree to our Privacy Policy, available at www.thelovephone.com, which may be updated from time to time and describes the information we collect, how we use and share it, and the choices you have about how certain information is used and shared. We will notify you or ask for your permission, as appropriate, if we plan to use your information for additional purposes, however it is our policy not to ever share, or sell your data to third parties outside the L.O.V.E. ecosystem. It is your responsibility to let the people who connect devices through your hotspots where to find our Privacy Policy. You may have additional rights provided by privacy laws based on your location.

As indicated above, if you access and use third-party services, including third-party services which we may make available as part of your Service, you are subject to the terms of service and privacy policy issued by those third-party providers when using their services. You should review their applicable terms and privacy policy before you use, link to, or download a service or application provided by a third party.

You agree that collection agencies that work on our behalf, or any financing partners behalf, may contact you about your account status. We will treat any email address you provide as your private email that is only accessible by you; you acknowledge that we may send you receipts, notices and other documents regarding your service to this email address. Unless you notify us that your service is based in a different time zone, calls will be made to your device during permitted calling hours based upon the time zone affiliated with the telephone number you provide.

 If you purchased a device on a monthly installment agreement and cancel service, you should check that agreement to determine if you may have to immediately pay off the balance.

10. Your Device Number and Porting.

You may be able to transfer, or “port,” your current phone number with another carrier. If you port a number to your L.O.V.E. device, be aware that we may not be able to provide some services right away. You don’t have any rights to your phone number, except for any right you may have to port it. Please check with your current carrier on how to port your number. When a line of service is disconnected, it may not be able to be recovered.

11. Can I have a proxy manage my account?

Yes. You can appoint someone to manage your account, including monthly charges that will start to become due after your 12-month period of waived service fees ends. The person you appoint (the Account Manager) must be age 18 or older (19 in Alabama and Nebraska). Anyone you appoint as an Account Manager will be able to make changes to your account.  Any changes that a person makes will be treated as modifications to this Agreement. You, the Account Owner, remain responsible for any changes an Account Manager makes to your account.

12. Device Agreement and Service Changes

We may change prices, terms of Service, or this Agreement at any time, with provided notice first. If you use your Service after the change takes effect, that means you’re accepting the change. If the change has a material adverse effect on you, you can cancel the line of Service that has been affected within 45 days of receiving the notice. Should we make any changes to the dispute resolution provision of this Agreement, such changes will not affect the resolution of any disputes that arose before such change.

13. Your Device

Please be aware that we may change your wireless device’s software, applications or programming remotely, without notice. This could affect your stored data, or how you’ve programmed or use your device.

14. Internet Access

 If you download or use applications, services or software provided by third parties (including voice applications), 911 or E911, or other calling functionality, may work differently than services offered by us or may not work at all. Please review all terms and conditions of such third–party products. We are not responsible for any third–party information, content, applications or services you access, download or use on your device.

15. Where does the Device’s Service work?

Your service should work globally. Please inform us if you find a location where your device does not connect by satellite.  Should your satellite connection not work please make sure your internet Wi-Fi settings are off.

16. Government Taxes, Fees and Other Charges

After your 12 months of waived fees, you will be charged $9.95 monthly, and we will cover all taxes, fees and other charges that federal, state and local governments require us to collect from our customers. Please note that we may not be able to notify you in advance of changes to these charges.

17. How and when can I dispute charges?

You can dispute your bill, but unless otherwise provided by law or unless you’re disputing charges because your wireless device was lost or stolen, you still have to pay all charges until the dispute is resolved.

18. Billing and Payments

If you have a bill, and we don’t receive your payment on time, we will contact you.  Should you fail to make the payment within 15 days of said overdue notice, we may deactivate your satellite service.

19. What if my Satellite device is lost or stolen?

Notify us right away, we may be able to help you locate your device, if we cannot, we will ask if you want us to suspend your Service to keep someone else from using it. While we do provide damage insurance, including replacement once every 24 months for damaged devices, if your device is lost or stolen (so you can’t send it in for repair), then you need to make an insurance claim through any 3rd party insurance provider you have insured your device through.  We can not replace your device when it is lost or stolen.

20. our rights to limit or end Service

We can, without notice, limit, suspend or end your Service or any agreement with you for any good cause, including, but not limited to: (1) if you: (a) breach this agreement (b) resell your Service; (c) use your Service for any illegal purpose, including use that violates trade and economic sanctions and prohibitions promulgated by any US governmental agency; (d) install, deploy or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate an RF signal without our permission; or (e) default under any device financing agreement; or (2) if you, or any user of your device: (a) interfere with our operations; (b) “spam,” or engage in other abusive messaging or calling; (c) modify your device from its manufacturer’s specifications; or (e) use your Service in a way that negatively affects our network or other customers. We can also temporarily limit your Service for any operational or governmental reason.

21. DISCLAIMER OF WARRANTIES

 We make no representations or warranties, express or implied, including, to the extent permitted by applicable law, any implied warranty of merchantability or fitness for a particular purpose, about your Service, your device, or any applications you access through your device. We do not warrant that your device will work perfectly, that all features will work all the time, that your device will not need occasional upgrades or modifications, or that it will not be negatively affected by network-related modifications, upgrades or similar activity.

22. WAIVERS AND LIMITATIONS OF LIABILITY

 We both agree to limit claims against each other solely to direct damages. This means that to the fullest extent allowed by applicable law, neither of us will claim any damages that are indirect, special, consequential, incidental, treble or punitive, regardless of the theory of liability. Disallowed damages include those arising out of a Service or device failure, unauthorized access or changes to your account or device, or the use of your account or device by others to authenticate, access or make changes to a third-party account, such as a financial or cryptocurrency account, including changing passwords or transferring or withdrawing funds. This limitation also applies if you bring a claim against one of our suppliers. You agree we aren’t responsible for problems caused by you or others, or by any act of God. You also agree we aren’t liable for missed or deleted voice mails or other messages, or for any information (like pictures) that gets lost or deleted. If another wireless carrier is involved in any problem (for example, while you’re using the dual SIM ports), you also agree to any limitations of liability that it imposes.

23. RESOLUTION OF DISPUTES

 IF THERE’S AN ISSUE THAT NEEDS TO BE RESOLVED, PLEASE CONTACT US THROUGH ANY OF THE SUPPORT CHANNELS POSTED ON OUR WEBSITE, SUCH AS EMAILING TO SUPPORT@THELOVEPHONE.COM.

IF WE CAN NOT RESOLVE YOUR DISPUTE, WE BOTH AGREE TO RESOLUTION ONLY BY ARBITRATION THROUGH THE COURTS OF THE OAKANAGAN INDIAN CONFEDERACY.

IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 60 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. THE NOTICE MUST INCLUDE ENOUGH INFORMATION TO ALLOW US TO IDENTIFY YOUR ACCOUNT AS WELL AS TO ASSESS AND ATTEMPT TO RESOLVE YOUR CLAIM, INCLUDING THE NAME OF THE ACCOUNT HOLDER, THE TELEPHONE NUMBER AT ISSUE, A DESCRIPTION OF THE CLAIM, THE SPECIFIC FACTS SUPPORTING THE CLAIM, THE DAMAGES YOU CLAIM TO HAVE SUFFERED AND THE RELIEF YOU ARE SEEKING. THE NOTICE REQUIREMENT IS DESIGNED TO ALLOW US TO MAKE A FAIR, FACT-BASED OFFER OF SETTLEMENT IF APPROPRIATE. YOU CANNOT PROCEED TO ARBITRATION UNLESS YOU PROVIDE THIS INFORMATION.  WE MAY, BUT ARE NOT OBLIGATED TO, MAKE A WRITTEN SETTLEMENT OFFER ANYTIME BEFORE THE ARBITRATION HEARING. THE AMOUNT OR TERMS OF ANY SETTLEMENT OFFER MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR ISSUES AN AWARD ON THE CLAIM. AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN’T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.

24. About this Agreement

You cannot assign this Agreement or any of your rights or duties under it without our permission. However, we may assign this Agreement or any debt you owe us without notifying you.
 If any part of this agreement, including anything regarding the arbitration process, is ruled invalid, that part may be severed from this agreement and the rest enforced.

 This agreement and the documents it incorporates will form the entire agreement between us. Any other documents or on anything said by any Sales or Customer Service Representatives will not form any part of the agreement between us, and you have no other rights regarding Service or this agreement. This Agreement isn’t for the benefit of any third party.

Updated July 31, 2023