Last Updated: June 22, 2024 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. They govern the relationship between you and Worx Wireless Inc., including its parents, subsidiaries, and/or affiliates, ("Company"), doing business as Stack Mobile, the provider of Stack Mobile services, and explain our respective legal rights concerning all aspects of our relationship. 

IF YOU USE THE SERVICE OR THE WIRELESS DEVICE, YOU CONSENT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICE OR DEVICE AND NOTIFY US IMMEDIATELY AT 239-243-0766 TO CANCEL SERVICE. 

This is an agreement ("Agreement") for wireless radio telecommunications services and related services and/or features ("Service") between you and the entity licensed by the Federal Communications Commission to provide Service in the area associated with your assigned telephone, data and/or messaging number(s) ("Number") that is Worx Wireless Inc. doing business as Stack Mobile ("us" or "we"). The term "Device" means wireless receiving and transmitting equipment that we have authorized to be programmed with the Number. 

 I. SERVICE 

A. Availability/Interruption. Stack Mobile customers have access to nationwide wireless coverage under the agreements between Company and its underlying carriers. Please review the coverage maps available on our website, which shows a general representation of wireless coverage. The areas shown are approximate. These maps may include areas served by unaffiliated carriers and may depict their licensed area rather than an approximation of their coverage. Actual coverage may vary and depends on system availability and system capacity, system repairs and modifications, customer's equipment, terrain, signal strength, weather and other conditions. Company does not guarantee network coverage, network availability or network uptime in any manner whatsoever. Company does not guarantee uninterrupted service. Wireless service offered by Company requires a compatible Device and is only available in the coverage area subject to wireless network availability. Not all features or Service offerings are available at all locations. Charges will be based on the location of the site receiving and transmitting the call, not your location. Rates apply to calls made within the Company coverage areas. Your Device's display does not indicate the rate that you will be charged. 

B. Use of Service/Device/Number. Reproduction, retransmission, dissemination or resale of Service is prohibited without prior written contractual arrangements from Company and any required regulatory approvals. You are responsible for ensuring that your Device is compatible with our Service and meets federal standards. You are responsible for the purchase and maintenance of any additional hardware, software and/or Internet access from your PC required to use the Service. You consent to receiving advertising, alerts and other broadcast messages from Company or our authorized agents. You shall acquire no proprietary interest in numbers assigned by Company for your use. You have no ownership rights to the Number, any IP address, any e-mail address or any other identifier provisioned by us, our agents or the manufacturer of your Device to be used with the Service, and you agree we may change any such Number, IP address, e-mail address or any other identifier at any time with or without prior notice to you. Any Device purchased through our program has been manufactured to operate exclusively with Service provided by us. The Device cannot be activated with any other wireless carrier. By using Service, you agree to abide by the terms and conditions of any applicable software license. 

C. Unauthorized Usage. You agree not to use the Device or Service for any unlawful, unauthorized or abusive purpose or in any way that damages our property or others' property, or interferes with, harms or disrupts our system or other operators' systems or other users. You will comply with all laws while using the Service and you will not transmit any communication or data that would violate any laws, court order, or regulation, or would likely be offensive to the recipient. You are responsible for all content that you transmit using the Service. You may not install any amplifiers, enhancers, repeaters or other devices that modify, disrupt or interfere in any way with the radio frequency licensed to us to provide Service. If your Device, user name or password is stolen or Service is fraudulently used, you must immediately notify us and provide us with such documentation and information as we may request (including affidavits and police reports). Until you notify us, you will remain responsible for all charges. We have the right to interrupt or restrict Service to your Number, without notice to you, if we suspect fraudulent, illegal, or abusive activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to provide reasonable cooperation may result in your liability for all fraudulent usage. 

D. Release of Information. You consent to our release of information about you when we believe release is appropriate to comply with the law (e.g. a lawful subpoena, E911 information); to enforce or apply our customer agreements; to initiate, render, bill and collect for Services; to protect our rights or property; to protect users of those Services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such Services; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay. You are deemed to have reviewed and consented to our Privacy Policy posted on our website at www.stackmobile.com. 

E. Your Rights to End This Agreement. You may terminate your Service at any time by notifying us of your intention to terminate Service. There is no penalty or termination fee; however, it may take up to 30 days to process the termination request and the balance remaining in your account is forfeited upon termination of Service. Your Service will resume and the termination request will be cancelled if you use your Service prior to our processing your termination notification. 

II. CHARGES/PAYMENTS/DEFAULT 

A. Generally. You are responsible for paying all charges, including but not limited to: airtime, access, features, voice mail access, voice mail delivery, data usage, text messages, downloadable content, alerts, roaming, long distance, directory and operator assistance charges, the price of Devices and accessories, charges for other goods and services and shipping/handling fees. You will be billed at domestic airtime or roaming rates (please refer to rate card) for 800, 866, 877, 888, and other "toll free" calls. Applicable international charges will always be billed for direct dial calls placed from your Device. An international long distance provider chosen by Company will provide your international long distance. For all calls, the length of the call will be measured during the time that you are connected to our system, which is approximately from the time you press "Send" or other key to begin a call until approximately the time you press "End," or other key to terminate the call. Airtime usage on each call is deducted in full minute increments, with partial minutes of use rounded up to the next full minute. For calls placed in the United States, you will not be charged for busy or unconnected calls if you press "End" or "No" within 30 seconds. Unanswered calls lasting 30 seconds or more will be charged standard airtime and rounded up to the nearest minute. Call waiting, 3-way calling, call forwarding, voicemail will incur applicable airtime or roaming and wireless long distance charges. Please note you may be charged a higher rate for calls made off-network. You will be charged for any check or electronic bank draft returned for non-payment. Please refer to your rate card for details. 

B. Account Balance. All charges incurred will be deducted automatically from your account. Any payments or credits applied to your account are not transferable or refundable. You should take reasonable efforts to safeguard your Device and replenishment airtime cards. No refunds or other compensations will be given for returned, expired, lost, damaged, or stolen cards. Amounts deposited to your account expire between 0 to 365 days depending on card denomination. If new amounts are not added to your account prior to the expiration date any remaining amounts will be forfeited. Your account may be canceled if there is no usage (billable or non-billable) or if the balance remains as $0 for 30 consecutive days or more and you may be required to pay a fee to resume service. Credit card replenishment is available; limitations apply. In some instances you may be able to complete a call when the billing functionality is interrupted. When this occurs you will not receive correct balance information. All calls, however, will be deducted from your account and the balance updated when the billing functionality is operable. You are responsible for all data usage sent through our network and associated with the Device, regardless of whether the Device actually receives the information. For Stack Mobile monthly plans: Airtime expiration is 30 days from the date the appropriate payment is applied to your account. To ensure uninterrupted service, you are required to recharge your account at least once every 30 days. Your account will be canceled if the balance remains at $0 for 30 consecutive days or more. For Stack Mobile annual plans: Airtime expiration is 360 days from the date the appropriate payment is applied to your account. 

C. Use of Service/Rates. Your Service rates and other charges and conditions for each Number or Device are described in the replenishment card packaging and at our website at www.stackmobile.com, each of which is a part of this Agreement. You can place domestic and international calls from the U.S. to certain designated international locations. The prepaid per minute rates are based on the card value purchased. International rates vary and are subject to change. Visit www.stackmobile.com for international rates and available countries applicable to your Stack Mobile™ plan. You cannot use the Service to place calls to 500, 700, 855, 900 or 976 numbers; or to place operator-assisted calls such as third-party-billed, and collect calls. Rates for calls to directory assistance are $3.00 per call plus airtime or roaming charges. You will be billed at domestic rates for 800, 888, 877, and 866 number calls. You are responsible for all taxes and surcharges associated with your use of the Service. Other than calls to 911, you can only make and receive calls when your account has a positive balance. Special dialing patterns may be required when making roaming or international calls. Some locations require a credit card to complete a call; these rates will be higher. When in these areas, you will not be able to receive calls. Prepaid wireless service is not available for purchase or use in all areas. When using Call Waiting or Three-Way Calling, you will incur two simultaneous airtime charges and if you disconnect from a conference call while the other two parties remain connected, you will continue to incur airtime charges for all calls. Nationwide long distance included from within the 50 states, Puerto Rico and U.S. Virgin Islands. Calls from the 50 United States to other destinations, including Puerto Rico and the U.S. Virgin Islands, may be considered international long distance calls and rated accordingly. 

D. Default/Termination. If you breach any representation to us or fail to perform any of the promises you made in the Agreement, you will be in default and we may, without notice to you, suspend Service and/or terminate this Agreement, in addition to all other remedies available to us. 

E. Account Information. Any person able to provide your Number and personal identification number is authorized by you to make changes to your account. You consent to disclosure of any information about you to any person as permitted by law if any Device programmed with your Number calls an emergency service number such as 911 or, if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay. 

F. CPNI Consent. Under federal law, you have a right, and we have a duty, to protect the confidentiality of information about the amount, type, and destination of your wireless service usage (CPNI). You consent to us sharing your CPNI with Company, its affiliates and its contractors, to develop or bring to your attention any products and services. This consent survives the termination of your Service and is valid until you remove it. To remove this consent at any time, notify us in writing at Worx Wireless Inc. d/b/a Stack Mobile, Attn: CPNI, 8805 Tamiami Trail North 219, Naples, Florida 34108, providing your name, home address, home telephone including area code, and personal identification number. Removing consent will not affect your current Service. 

G. Regulatory Recovery Fee & Administrative Fee. A Regulatory Recovery Fee of $1.00 per month of service per line purchased may be assessed by Company to recover costs associated with compliance and payment of telecommunications taxes and fees. The regulatory recovery fee may be charged to all service payments to cover charges including, but not limited to: 1) Federal Universal Service Fund Fees, 2) E911 or 911 Fees, 3) State, County and Local Telecommunications Taxes and Surcharges, 4) Legal costs for regulatory compliance, 5) State and Local Sales Tax. Although added to the overall charge, the Regulatory Recovery Fee is separate from the cost of any Services. Even if a Regulatory Recovery Fee is not charged or waived by Company in a given billing period or billing periods, Company may charge a Regulatory Recovery Fee in subsequent billing periods. In addition an Administrative Fee of 2.50% of the wireless plan price may be assessed by Company to cover a portion of costs related to your wireless service. The Administrative Fee is not a tax or charge required by federal, state, or local governments. 

H. No Refunds for Your Cancellation of Service or Product Order. Stack Mobile offers prepaid, non-refundable service only. You may cancel any Service plan that you pay for in advance at any time; provided that, except as otherwise may be required by applicable law, you will not receive any refund of amounts paid to us in connection with such Service plan (regardless of whether such plan is a 7-, 15-, or 30 day Service plan or a multi-month Service plan). Any purchase from the Stack Mobile website is considered a final sale and is non-refundable, except as otherwise may be required by applicable law. Any purchase from one of our authorized e-commerce outlets hosted on a third party site, including eBay.com and Amazon.com, is also non-refundable, except as otherwise may be required by applicable law or as provided by Stack Mobile's specific terms on such third party site. 

I. AutoPay. Stack Mobile AutoPay Plans are available in various denominations of minutes and service days. You are automatically enrolled in AutoPay by registering your credit or debit card online with Stack Mobile and selecting your preferred Service Plan. A new Service Plan will automatically be purchased using your registered payment method and added to your Account via AutoPay each month, up to 2 days prior to your Plan Expiration Date. To modify or cancel AutoPay you must contact Customer Service or login to your online account at stackmobile.com. For additional information about how AutoPay works please visit this support article or contact Customer Service. 

J. Online Product Purchases. For all Devices and SIM Kits purchased online ("Online Product Purchases"), Company reserves the right to change quantities available for purchase at any time, even after you place an order. Furthermore, there may be occasions when Company confirms your order but subsequently learns that it cannot supply the ordered product. In the event we cannot supply a product that you ordered, Company will cancel and refund your order purchase based on the full price paid. Online Product Purchases are not intended for resale. You are not eligible to request a refund for any Online Product Purchases when forty-five (45) calendar days have passed since the order date ("45-Day Refund Exclusion"). Online Product Purchases that are subject to the 45-Day Refund Exclusion, that are bundled with a service plan, and that are not subsequently activated will automatically become inactive after ninety (90) calendar days following the order date. 

Online Product Purchases are set up as AutoPay charges. AutoPay billing will begin 30 days after activation. Your AutoPay subscription will continue to recur until you terminate your subscription at stackmobile.com/login. 

K. Family Plans. Each line of service on a Stack Mobile family plan will be charged the full monthly retail price during the first month of service. All lines of service on a family plan must share the same expiration date on subsequent billing months. As a result, lines added to a family plan after the initial primary line may receive a partial month service period for the first month of service. For such lines, Stack Mobile will provide discount credits to the second month of service on a pro-rated basis. 

III. INTENDED USAGE & RESTRICTIONS ON USE 

You agree that Stack Mobile plans are to be used for voice and SMS messaging only between two individuals. You agree that the Service is not to be used for any type of monitoring service, commercial data transmission, transmission of recorded material or broadcasts, non-personal or non-real time conference call bridging, call forwarding for extended periods of time or other use that does not consist of uninterrupted live voice or SMS messaging between two individuals. Company may terminate or suspend Service or change your plan to one that does not offer unlimited Service if Company determines that you are using the unlimited Service offer in an unauthorized manner as described in this section. Company will make reasonable efforts to give prior notice before taking any above action and you may terminate the unlimited Service. 

A. Voice Services. UNLIMITED DOES NOT MEAN UNREASONABLE USE. UNLIMITED voice services are provided solely for active live dialog between individuals. UNLIMITED voice services may not be used for monitoring services, data transmissions, transmission of or listening to broadcasts, transmission or receipt of recorded material, machine-to-machine or one-way audio applications, or other connections that do not consist of uninterrupted active, live dialog between individuals. If Company finds that you are using an UNLIMITED voice service offering for anything other than active, live dialog between individuals, Company may at its option terminate your service or change your plan to one with no UNLIMITED usage components.