TERMS OF SERVICE

Last Revised December 22, 2016
Effective Date July 5, 2014

 

Introduction These Terms of Service apply to the ROK Mobile Service and your use of the ROK Mobile
Service and of our Website subject to your service plan.

In these Terms of Service the following words will have the following meanings unless the context
otherwise requires:

Account: means your account with us for the ROK Mobile Service;

Added Value Service: means any service other than the ROK Mobile Core Service that is made
available as part of the ROK Mobile Service from time to time
Added Value Service Provider: means any third party that provides an Added Value Service

Affiliates: means ROK Mobile’s ultimate holding company and the subsidiaries of ROK Mobile’s
ultimate holding company

Authorized Device: means a Device approved by us that has either been purchased from us or
activated by us as part of the BYOD Program

BYOD Program: means the Bring Your Own Device Program enabling our customers to activate certain
models of used Authorized Devices that are subject to the BYOD Guidelines set out on the Website

Content: means any content or materials available to customers via the ROK Mobile Service or the
Website including but not limited to any text, graphics, audio, visual (including still visual
images) and audio-visual material, software, applications, data, database content or other
multimedia content, information and material, including the metadata relating to the above

Device: means a cellular phone, SIM, data card, data modem, tablet or other computing or data
equipment

Music Content: means Content provided as part of the Music Service

ROK Mobile Core Service: means the Voice Service, Music Service, Text Service and Data Service

ROK Mobile Service: means the ROK Mobile Core Service and Added Value Services

ROK Mobile, we, us and our: means ROK Mobile Inc. a Delaware corporation whose principal office is
at 8500 Steller Drive, Suite 3 Culver City, CA 90232

Data Service: a service offered by us that permits customers to send and receive data subject to
these Terms of Service
Music Service: means a service offered by us which permits customers to access Music Content as a
stream or as a cached copy subject to these Terms of Service

Text Service: means a service offered by us that permits customers to send and receive text
messages subject to these Terms of Service

Voice Service: means a service offered by us that permits customers to send and receive voice calls
subject to these Terms of Service

Website: means our website at www.ROKMobile.com
you, your: means an individual who uses the ROK Mobile Service or our Website (Including any
subscriber, free trial user, or purchaser of any ROK Mobile service requiring payment of a fee)

Please read these Terms of Service carefully.

BY USING THE ROK MOBILE SERVICE OR THE WEBSITE YOU WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS OF
SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE DO NOT USE THE ROK MOBILE SERVICE.

We may make changes to these Terms of Service from time to time and will post updated Terms of
Service incorporating the changes to the Website. Your continued use of the ROK Mobile Service
after the date on which the updated Terms of Service are posted to the Website will constitute your
acceptance of the changes. Please check our Website regularly to ensure that you are aware of
changes to the Terms of Service.

YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD OR, THAT IF YOU ARE UNDER 18 YOU HAVE BEEN GIVEN
PERMISSION BY A PARENT OR GUARDIAN TO USE THE ROK MOBILE SERVICE AND YOUR PARENT OR GUARDIAN AGREES
TO THESE TERMS OF SERVICE.

ROK Mobile Service

We provide the ROK Mobile Core Service using the wireless network for use exclusively with
Authorized Devices by individuals. We cannot guarantee that an Authorized Device that has not been
provided by us or an Authorized Device that has been modified by you, will be compatible with the
wireless network, will comply with applicable Federal Communications Commission or other legal
requirements, or that you will be able to access and use all or any parts of the ROK Mobile
Service. If you alter or modify your Authorized Device in a way not authorized or recommended by
the manufacturer, you may lose functionality, and you may be required to purchase a new Authorized
Device in order to restore the ROK Mobile Service.

Voice Service. UNLIMITED DOES NOT MEAN UNREASONABLE USE. The Voice Service is provided
solely for personal, non-commercial use. The Voice Service is provided solely for live dialog
between two individuals and cannot be used for hosting conference calls, 3-way calling, call
forwarding, monitoring services, data transmissions, transmission of broadcasts, transmission of
recorded material, or other connections that do not consist of uninterrupted live dialog between
two individuals. If ROK Mobile finds that you are using the Voice Service for anything other than
live dialog between two individuals, ROK Mobile may at its option terminate your ROK Mobile Service
or change your service plan (in which case these Terms of Service shall continue to apply to your
use of the ROK Mobile Service). ROK Mobile reserves the right to cancel or deactivate the ROK
Mobile Service without notice, in order to protect the wireless network from harm due to any cause
including, without limitation, the excessive and/or improper use of the Voice Service. We also
reserve the right to deny or terminate the ROK Mobile Service, without notice, if we believe you
are using or have used the Voice Service in any manner prohibited by these Terms of Service or if
your usage, in ROK
Mobile’s sole discretion, adversely impacts the wireless network or customer service levels. ROK
Mobile will presume you are engaging in a prohibited use of the Voice Service in violation of these
Terms of Service if in ROK Mobile’s sole opinion, you are placing an abnormally high number of
calls, or repeatedly placing calls of unusually long duration, or if your voice usage is harmful or
disruptive to the wireless network or the ROK Mobile Service. If we determine, at our sole
discretion, that you are using the Voice Service in violation of these Terms of Service, or in any
other manner that we deem to be unreasonable or excessive, then we may terminate individual calls,
decline to renew the ROK Mobile Service, and/or offer you a different service plan (in which case
these Terms of Service shall continue to apply to your use of the ROK Mobile Service and each
component subject to any changes specified to your service plan). Notwithstanding the foregoing,
ROK Mobile reserves the right to deny access to the ROK Mobile Service or deactivate or cancel your
existing ROK Mobile Service for any reason at any time, in ROK Mobile’s sole discretion.

▪ Text Service. UNLIMITED DOES NOT MEAN UNREASONABLE USE. The Text Service is provided
solely for personal, non-commercial use. The Text Service is provided solely for live messaging
purposes between two individuals. The Text Service cannot be used for Premium SMS which utilizes
short codes, SMS chat programs, monitoring services, data transmissions, or other connections that
do not consist of uninterrupted live messaging purposes between two individuals. If ROK Mobile
finds that you are using the Text Service for anything other than live messaging purposes between
two individuals, ROK Mobile may at its option terminate the ROK Mobile Service or change your
service plan (in which case these Terms of Service shall continue to apply to your use of the ROK
Mobile Service.) Text messages are limited to 160 characters per message. Premium text messages are
NOT permitted under the Text Service. ROK Mobile may support international text messaging based on
your plan. Additional charges will apply for international text messaging. ROK Mobile does not
guarantee delivery of text messages and reserves the right to change the Text Service as needed
without notification. Text messages, including downloaded content, not delivered within 7 days will
be deleted. ROK Mobile reserves the right to change this delivery period as needed without
notification. You are charged for each part of messages that are delivered to you in multiple
parts. When a single message is sent to multiple recipients, the sender is charged for one message
for each recipient and each recipient is charged for the message received. ROK Mobile reserves the
right to deny or terminate access to the ROK Mobile Service or part thereof without notice to
anyone ROK Mobile believes is using the Text Service in any manner prohibited by the Terms of
Service or whose usage, in ROK Mobile’s sole discretion, adversely impacts the wireless network or
customer service levels. ROK Mobile will presume you are engaging in a prohibited use of the Text
Service in violation of these Terms of Service if in ROK Mobile’s sole opinion, you send an
abnormally high number of text messages, or if your text usage is harmful or disruptive to the
wireless network or ROK Mobile Service. If we determine, at our sole discretion, that you are using
the ROK Mobile Service in violation of the Terms of Service, or in any other manner that we deem to
be unreasonable or excessive, then we may terminate and/or block individual messages, decline to
renew the ROK Mobile Service, and/or offer you a different service plan (in which case these Terms
of Service shall continue to apply to your use of the ROK Mobile Service.) Notwithstanding the
foregoing, ROK Mobile reserves the right to deny access to the ROK Mobile Service or deactivate or
cancel your existing ROK Mobile Service for any reason at any time, in ROK Mobile’s sole
discretion.

▪ Data Service. ROK Mobile service includes a fixed amount of high speed data each month
as set forth in each plan description. After the high speed data threshold is reached, your data
speed will be reduced for the remainder of the month. Other limitations, terms and condition of
service apply. ROK Mobile reserves the right to terminate service for unauthorized or unreasonable
usage. Reduced data speeds will still support playback of music. The Data Service is provided
solely for personal, non-commercial use. The Data Service is provided solely for personal,
non-commercial use. The Data Service is provided solely for access to the Internet for purposes of
web browsing, messaging, and similar data activities as the applications and capabilities of your
Authorized Device permit. To ensure that all customers have access to reliable services provided at
a reasonable cost, you may not use the Data Service in a manner that interferes with any other ROK
Mobile customer’s use of the ROK Mobile Service or that disproportionately impacts the wireless
network or ROK Mobile resources. ROK Mobile reserves the right, without notice or limitation, to
place you on a different service plan (in which case these Terms of Service shall continue to apply
to your use of the ROK Mobile Service.) to limit data throughput speeds or quantities, or to deny,
terminate, end, modify, disconnect or suspend your ROK Mobile
Service, or decline to renew your ROK Mobile Service, if you engage in any of the prohibited uses
detailed in these Terms of Service or if ROK Mobile, in its sole discretion, determines that action
is necessary to protect the ROK Mobile Service or ROK Mobile resources from harm or degradation, or
that your usage disproportionately impacts the wireless network or ROK Mobile resources. You may
not use the Data Service:

(1) with server devices or host computer applications or other systems that drive continuous heavy
traffic or data sessions, including, but not limited to, disproportionate web camera posts or
broadcasts, automatic data feeds, automated machine-to-machine connections, peer-to-peer (P2P)
file-sharing applications broadcast to multiple servers or recipients such that they could enable
“bots” or similar routines; (2) as a substitute or backup for private lines or frame relay
connections; (3) to send or receive unusually high numbers of messages; (4) to engage in atypical
web usage behaviors; (5) for any activity that adversely affects the ability of other people or
systems to use either the ROK Mobile Service or other parties’ Internet-based resources; and (6)
for any other reason that, in our sole discretion, harms the wireless network or disproportionately
impacts the wireless network or ROK Mobile resources.

▪ Music Service

The following provisions in this Section apply to the Music Service. By using the Music Service you
agree:
(i) that we may remove any Content, or part thereof, from the Music Service at any time without
notice to you;
(ii) not to infringe the copyright, any moral rights (as defined in applicable legislation in the
United States of America) or any other intellectual property rights that subsist in respect of the
Content;
(iii) that access to the Music Service is not guaranteed and may be subject to interruptions;
(iv) that we make no warranties, express or implied in relation to the Music Service and, to the
fullest extent possible under applicable law, hereby expressly disclaim any warranties, terms and
conditions, express, implied or statutory with respect thereto, including without limitation,
warranties or conditions of satisfactory quality, fitness for a particular purpose, as to the use
of reasonable skill and care and non-infringement, and their equivalents under the laws of any
jurisdiction;
(v) that the Music Content is provided “as is” and we do not represent that the Music Content is
free of inaccuracies, errors, defects or bugs or that the Music Content has been tested for such in
any way;
(vi) that the Music Content, whether posted publicly or transmitted privately, is the sole
responsibility of the person from whom such Music Content originated. We do not control or endorse
the Music Content and cannot guarantee the accuracy, integrity or quality of such Music Content and
you acknowledge that by using the Music Service you may be exposed to Music Content that is
offensive and/or indecent. We will not be liable in any way for any Music Content or for any loss
or damage of any kind resulting from the use of any Music Content transmitted via the Music Service
and you agree to bear all risks associated with the use of any Music Content, including any
reliance on the accuracy or completeness of such Music Content;
(vii) that most Music Content made available is DRM-free however, you understand that some of the
Music Content includes a security framework using technology that protects digital information and
limits your usage of the Music Content to certain usage rules established by us and our licensors
(“Usage Rules”. You agree to comply with such Usage Rules, as further outlined below, and you agree
not to violate or attempt to violate any security components. You agree not to attempt to, or
assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper
with any of the security components related to such Usage Rules for any reason whatsoever;
(viii) that you may not attempt (or support others’ attempts) to capture, copy, or download a
Preview. A “Preview” is a portion of a song or video, or in some cases, an entire song or video
that you can play (and, if applicable, view) directly from and while you are logged on to the Music
Service on a promotional basis at no cost to you. You may play as many Previews as you like;
(ix) that we have no obligation to monitor the Music Service but shall be entitled to review
materials posted to a communications facility and, at our sole discretion, to remove any material
that breaches these terms and conditions or is otherwise objectionable; and
(x) that we shall have no liability or responsibility to you for any Music Content that may
be available to you on the ROK Mobile Service that you might find offensive, indecent, or objectionable. Some music recorded after 1985 may be subject to the Recording Industry Association of America (“RIAA”) ‘Parental Advisory Label’ (as defined on the RIAA website). If ROK Mobile has been informed that an album carries the ‘Parental Advisory Label’ (or similar designation) and is available on the ROK Mobile Service, it will be labeled with an ˜E” emblem (denoting “explicit”). The RIAA assigns its Parental Advisory Label to an entire album
and not to the individual songs on the album; however, all the individual songs from such labeled albums will also be labeled with an ˜E” emblem on the ROK Mobile Service. Although ROK Mobile strives to include the ˜E” emblem with all such material, ROK Mobile shall have no liability or responsibility for the inadvertent omission thereof.

Usage Rules for the Music Service
▪ You are authorized to use the Music Content only for personal, non- commercial use, and not for
redistribution, transfer, assignment or sublicense, to the extent permitted by law.
▪ You may not use Music Content as a musical “ringer” in connection with mobile phone calls.
▪ You agree that you will not attempt to, or encourage or assist any other person to,
circumvent or modify any security technology or software that is part of the Music Service or used
to administer the Usage Rules, or interfere with, remove or alter any rights management information
on the Music Content.
▪ The delivery of Music Content does not transfer to you any commercial or promotional use rights
in same.
▪ Music Content in the MP3 or AAC format does not contain security technology that limits your
usage of such Music Content and you may use them as reasonably necessary for personal, non-
commercial use.
▪ You agree that by accessing Music Content this constitutes your acceptance of and agreement
to use such Music Content solely in accordance with the Usage Rules, and that any other use of the
Music Content may constitute a copyright infringement. Any security technology, if applicable, is
an inseparable part of the Music Content. The Usage Rules shall govern your rights with respect to
the Music Content. We reserve the right to modify the Usage Rules at any time.
▪ You agree not to use the Music Service:
▪ to send junk email, spam, chain letters, pyramid schemes or any other unsolicited
messages, commercial or otherwise;
▪ to post, publish, distribute or disseminate material or information that is defamatory,
infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
▪ to post, publish, distribute or disseminate material or information that incites discrimination,
hate or violence towards any person or group on account of their race, religion, disability,
nationality or otherwise;
▪ to threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of
privacy and publicity) of others;
▪ to use any information or material in any manner that infringes any copyright, trademark, patent
or other proprietary right of any party;
▪ to make available or upload files that contain a virus, worm, trojan or corrupt data that may
damage the operation of the computer or property of another;
▪ to collect or store personal information about others, including email addresses, log-in details
or other credentials;
▪ to advertise or offer to buy or sell goods or services for any commercial purpose, unless such
communication facility specifically allows such messages;
▪ to impersonate any person or entity for the purpose of misleading others;
▪ to violate any applicable laws or regulations;
▪ in any manner that could damage, disable, overburden or impair the Music Service or interfere
with any other party’s use and enjoyment of the Music Service;
▪ to post, publish, distribute or disseminate material or information that you do not have a right
to transmit under any law or under contractual or fiduciary relationships (such as inside
information or confidential information disclosed in the course of employment or under a
confidentiality agreement);
▪ to attempt to gain unauthorized access to the Music Service, other accounts, computer systems or
networks connected to the Music Service through hacking, password mining or any other means.
Added Value Services

The Added Value Services are made available to you as part of the ROK Mobile Service. The Added
Value Services are provided by the Added Value Service Providers.
We may at any time change, amend, withdraw, replace, update or add to any of the Added Value
Services or any of the Added Value Service Providers at our sole discretion. We will post updated
Terms of Service incorporating the changes to the Website and we will use reasonable efforts to
keep you up to date with any change, amendment, update or addition to, or withdrawal or replacement
of, any of the Added Value Services.

We are not responsible for providing any of the Added Value Services to you. We will have no
liability to you for any claim relating to any Added Value Service or the provision or failure to
provide any Added Value Service.

Although, they may change from time to time, the current Added Value Services comprise of:

Service
A telemedicine system that permits the delivery of personalized medical services by telephone and
over the internet (the “MeMD Branded Product”).

Added Value Service Provider
MeMD, Inc.

Your use of the MeMD Branded Product is subject to you complying with the Added Value Service
Provider’s Term and Conditions at https://www.memd.me/terms-conditions/

Service
Roadside Assistance

Added Value Service Provider
Roadside Protect, Inc.

Your use of the Roadside Assistance service is subject to you complying with the Added Value
Service Provider’s Term and Conditions at
http://www.roadsideprotect.com/home/terms-of-service-for-roadsideprotect- com/

Service
Family Legal Services

Added Value Service Provider
Legal Club of America

Your use of the Family Legal services product is subject to you complying with the Added Value
Service Provider’s Term and Conditions at http://www.legalclub.com/privacy_policy.asp
Service
Identity Theft Restoration with up to $1 Million of insurance coverage

Added Value Service Provider
AIG administered by Legal Club of America
Your use of the Identity Theft Restoration service is subject to you complying with the Added Value
Service Provider’s Term and Conditions at http://www.legalclub.com/privacy_policy.asp
Service
Accidental Death Insurance of $100,000

Added Value Service Provider
Federal Insurance Company, a Chubb Company

Your use of the Accidental Death Insurance, a CHUBB Branded Product, is subject to you complying
with the Added Value Service Provider’s Term and Conditions at
https://www.chubb.com/us-en/terms-of-use.aspx

Service
Final Expense Insurance up to $20,000 towards burial and cremation and other miscellaneous funeral
costs and expenses.

Added Value Service Provider
Federal Insurance Company, a Chubb Company

Your use of the Final Expense Insurance, a CHUBB Branded Product, is subject to you complying with
the Added Value Service Provider’s Term and Conditions at
https://www2.chubb.com/us-en/terms-of-use.aspx

Service
MSC ScriptSave® Prescription Drug Saving Program (“ScriptSave® Program”)

Added Value Service Provider
Medical Security Card Company, LLC

Your use of the ScriptSave® Program is subject to you complying with the ScriptSave® and/or Well RX
Branded Program Terms and Conditions at https://www.scriptsave.com/Terms

Service
International long distance telecommunications service (“ILD Service”)

Added Value Service Provider
NetworkIP, LLC dba Elite Telecom

Your use of the ILD Service is subject to you complying with the Added Value Service Provider’s
Terms prior to using the ILD Service.

▪ Restricted Usage. The ROK Mobile Core Service may ONLY be used for the following purposes:
(i) person to person voice calls (ii) text and picture messaging; (iii) Internet browsing through
the ROK Mobile web service; and (iv) Streaming Music Content, in each case in accordance with these
Terms of Service. The ROK Mobile Service MAY NOT be used for any other purpose. Examples of
prohibited uses include, without limitation, the following: (i) continuous mobile to mobile or
mobile to landline voice calls; (ii) automated text or picture messaging to another mobile device
or e-mail address; (iii) server devices or host computer applications, including, but not limited
to, Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections
or peer-to-peer (P2P) file sharing; or (iv) as a substitute or backup for private lines or
dedicated data connections. This means, by way of example only, that checking email, surfing the
Internet, downloading legally acquired songs, and/or visiting corporate intranets is permitted, but
downloading movies using P2P file sharing services and/or redirecting television signals for
viewing on laptops is prohibited.
If you engage in any prohibited use we may terminate the ROK Mobile Service. Charges for the ROK
Mobile Service The charges for the ROK Mobile Service are set out on the Website. Voice Call
minutes Call minutes may be used to make and receive calls with people within the United States.
Calls are billed in one-minute increments, with a minimum time per call of one minute. Call times
are rounded up to the nearest whole minute. The time of a call will be determined based on the
location of the wireless network equipment providing service for a particular call and not the
location of your Authorized Device or your Authorized Device’s area code. Call minutes for outbound
calls are measured from the time the wireless network begins to process the call (before the phone
rings or the call is answered) through the wireless network. Standard call minutes allow you to
call anyone within the United States from anywhere in the United States where the ROK Mobile
Service is available. Visit our website for our standard calling rates. We will not directly
complete any calls to 411, 1-900, 1-976 or other pay-per-call services. Text messages Standard
message rates for text messages and picture messages apply when a message is sent or received,
whether it is read or viewed. Text messages sent or received while outside the United States are
billed at our standard message rate plus an additional surcharge.
Visit our Website for details of our charges. Data usage Standard data rates for data usage apply
when data is sent or received, whether it is read or viewed. Visit our Website for details of our
charges. Additional charges We also may charge additional fees for specialized requests or services
related to your Account. Visit our Website for details of our charges. Taxes and surcharges Charges
for the ROK Mobile Service do not include taxes or regulatory fees. We charge state and local sales
taxes on all purchases made through our Website.
Charges also may include a surcharge for federal and state Universal Service Fund contributions and
state and local 911 fees. Taxes and regulatory fees are subject to change without notice. Disputed
charges If you think that there has been an error in any charge to your Account, you must notify us
promptly after the charge appears on your Account. You can contact us using the methods indicated
on our Website. If you do not notify us promptly, you waive any right to dispute the charge,
including in arbitration or court proceedings. If we determine that the disputed charge was
inappropriate and was raised by you in a timely manner, we will credit, refund or provide other
compensation to you at our discretion. If we credit, refund or provide other compensation to you to
settle a disputed charge, you agree that the dispute is fully and finally resolved and not subject
to further proceedings. Third party charges We are not liable for any charges for products or
services provided by third parties through and for use on Authorized Devices and the wireless
network, including for certain applications (“Apps”) and services provided by Apps you download to
your Authorized Device. You must contact the third party directly for any unauthorized or disputed
charges. Payment Terms Payments are automatically collected from the payment method on file at the
end of your billing cycle. Billing Definitions and Terms for Monthly Service Your activation date
is the day that your phone is activated and you are first billed. Like with many other mobile
carriers, a ROK Mobile service period is 30 days. We attempt to purchase the next 30 days of
service for each customer on the 27th day of service. If payment fails we send our customer a
message and then try purchase service again on the 30th day of service. This is to ensure that our
customers have a working payment method on file and prevent disconnection on the 31st day. Billing
Definitions for Annual Service “Once Year”, “A Year or “Year” of ROK Mobile Service is defined as
360 days. Account suspension for declined payments or credit card chargebacks If we have attempted
to charge your registered payment method for a charge that we deem is authorized and valid under
the Terms of Service, and the credit/debit card company withholds such payment, we reserve the
right to suspend your access to the ROK Mobile Service until payment is received. For a credit card
chargeback, if the chargeback is not resolved and reversed, your Account will be deactivated and we
will assess you a termination charge equal to the balance in your Account, which is not refundable.
If your account is reactivated subsequently, you may be charged a fee for each chargeback. Refunds
and returns Monthly charges are non-refundable. Lost or stolen device If your Authorized Device is
lost or stolen, you are responsible for charges incurred until you notify us of the loss or theft
through any of the means indicated on our Website. Upon receiving notice that your Authorized
Device is lost or stolen, we will suspend that Authorized Device. Acceptable uses You agree not to
use the ROK Mobile Service, your Authorized Device or the Website in any way (including but not
limited to by posting, publishing or distributing material) that is illegal, fraudulent,
threatening, obscene, indecent or abusive as we determine in our sole discretion including but not
limited to, to harass, defame or slander any individual or entity. You may not use the ROK Mobile
Service in a manner that interferes with another customer’s use of the ROK Mobile Service or the
underlying infrastructure of the wireless network. You are legally and financially responsible for
all data activity to and from your Authorized Device, regardless of who initiates the activity.
Unsolicited messages If you intentionally send spam from your Authorized Device, we may terminate
the ROK Mobile Service without further notice. If we terminate the ROK Mobile Service your Account
will be deactivated, you will lose your mobile phone number. Suspension or termination We reserve
the right to issue a warning and to suspend or terminate your use of the ROK Mobile Service and
access to the Website at any time if we determine in our sole discretion that you have violated any
of the Terms of Service or any of our rules or policies or for any other reason. Internet content
Some content you attempt to access on your Authorized Device may not be stored or processed because
of memory limitations. You agree that we are not liable for the deletion of or failure to store
content, and, in compliance with the Terms of Service, you should store photographs and other
information permanently by using other means. Downloaded or created content on your Authorized
Device may expire or be deleted unless you otherwise arrange for its retention and/or preservation.
You are responsible for the content you access on your Authorized Device. Some content available on
the Internet may be unsuitable for minors, and you should take care when sharing your Authorized
Device with minors. Use of Apps Not all Apps will work on all of Authorized Devices, and some Apps
may not be available in all areas. Use of certain Apps may require the disclosure of personal
information subject to the policies of the companies that offer such Apps. Mobile phone number The
mobile phone number we provide is for your use while you are our customer. If you cancel the ROK
Mobile Service or your Account is deactivated, we may give your mobile phone number to another
customer without notice (unless you transfer the mobile phone number to another telecommunications
provider in accordance with applicable regulations). While we do not expect to change your mobile
phone number, and such changes are rare, under certain circumstances, we may be required to change
your mobile phone number; if we do so, however, we will notify you prior to any change. Network
coverage The ROK Mobile Service is only available in geographic areas covered by the wireless
network of our underlying carrier(s).Wireless services use radio transmissions and coverage is not
available everywhere. Quality of service may be affected by conditions within and beyond our
control, including atmospheric, geographic, or topographic conditions, or by damage to your
Authorized Device. We do not warrant or guarantee that service will be available at any specific
time or geographic location, or that service will be provided without interruption. Any statements
or maps provided by us or our authorized dealers and resellers about coverage are intended to
provide high-level estimates of our coverage areas when using the ROK Mobile Service outdoors under
optimal conditions and do not mean that the ROK Mobile Service will be available under all
circumstances, at all times or without interruption. Estimated wireless coverage and signal
strength is not an exact science. There are gaps in coverage within our estimated coverage areas
that, along with other factors both within and beyond our control, may result in service
interruptions, slower data speeds, or lower quality of service. You should never rely solely on
your Authorized Device for emergency calls, including to 911. Location-based services
Location-based services use and provide information based on the location of your Authorized
Device. When you turn on your Authorized Device, it automatically communicates with the wireless
network and relays its current location unless you have turned off location functionality on your
Authorized Device. The accuracy of location-based services may be affected by circumstances beyond
our control, including atmospheric, geographic or topographic conditions. We do not warrant or
guarantee that location- based services will be available at any specific time or geographic
location, or that they will be provided without interruption. By using our location-based services,
you consent to have us or our business partners (including but not limited to our underlying
carrier(s)) electronically collect, monitor and track your physical location and the location of
your Authorized Device. We collect and disclose your location information only to provide you with
the location-based services you have requested, or in emergency situations as prescribed by law. If
you allow others to use your Authorized Device, you are responsible for informing these others that
their location information may be collected or disclosed. We will not provide your location
information to third parties without your consent other than as prescribed by law. Safety and
security We are not responsible for the content or security of voicemail, messages or contact lists
you create. Use your Authorized Device in a safe manner that does not create a risk to your safety
or the safety of others around you. While driving, always use a hands-free device and never use
your Authorized Device to send text messages.
Always use your Authorized Device in accordance with all applicable laws and regulations. Use of
your customer information When you agree to the Terms of Service, you also agree to the terms of
our Privacy Policy available on the Website. Our Privacy Policy includes important information on
what data we collect about you, how we use this data and with whom we share that data. We may make changes to our
Privacy Policy from time to time and will post the updated Privacy Policy incorporating the changes
to the Website. Your continued use of the ROK Mobile Service after the date on which the updated
Privacy Policy is posted to the Website will constitute your acceptance of the changes. Please
check our Website regularly to ensure that you are aware of changes to our Privacy Policy. In the
course of providing the ROK Mobile Service to you, we may collect certain information made
available to us solely because of our relationship with you, including information regarding the
nature and type of use that you make of the ROK Mobile Service and the calls that you place and
receive. We always will handle this data, which is “Customer Proprietary Network Information”
(“CPNI”), in accordance with Federal Communications Commission regulations, Federal consumer
privacy laws and our Privacy Policy. We protect CPNI and your other personal information from
unauthorized use or disclosure. We will use personal information in accordance with our Privacy
Policy. Law enforcement We are legally and contractually obligated to cooperate with law
enforcement in the investigation of violations of law. We may disclose to law enforcement
authorities and governmental agencies any information, including your name, Account history,
Account information or other transmission data requested by them. ROK Mobile Website: You may use
our Website to manage your Account, make payments, view our content and learn
more about Authorized Devices and services. Use of our Website is subject to the Terms of Service
and our Privacy Policy, which are available on our Website. Dispute resolution We and you each
agree to contact each other first with any disputes. You must contact us with any dispute by the
means indicated on our Website.
Please provide a description of the problem, all relevant documents/information and the proposed
resolution. We will contact you at the last address that you have provided us or on your Authorized
Device. We each agree to negotiate in good faith to resolve any dispute. Legal claims You agree to
waive any right to pursue disputes against us, our Affiliates or business partners (including but
not limited to our underlying carrier(s)) on a class wide basis and by trial by jury in any
lawsuit, arbitration or other proceeding to the extent permitted by law. Limitation of liability We and you agree to limit claims for damages or other monetary relief against each other to direct and actual damages unless prohibited by law. You agree that we, our
Affiliates and our business partners (including but not limited to our underlying carrier(s) and
Added Value Service Providers) are not liable to you or any third party for any indirect, special,
incidental, consequential, exemplary or punitive damages of any kind, including lost profits
(regardless of whether we have been notified that such loss may occur) by reason of any act or
omission in our provision of the Website, Authorized Devices or the whole or any part of the ROK
Mobile Service or under any legal theory, including fraud, misrepresentation, breach of contract,
personal injury, product liability or any other theory. We assume no risk or responsibility for
your use of any Content. We are not liable for (1) any act or omission of any other company
furnishing any part of the ROK Mobile Service (including without limitation the Added Value Service
Providers) or any equipment (including without limitation the Authorized Devices) provided in
connection with the ROK Mobile Service; (2) errors or omissions of our business partners (including
but not limited to our underlying carrier(s) and Added Value Service Providers); (3) any damages
that result from any product or service provided by or manufactured by third parties; or (4) any
unauthorized or disputed charges for the ROK Mobile Service that appeared more than 30 days earlier
on your Account statement which you did not promptly dispute in accordance with the Terms of
Service. You acknowledge that no fiduciary or other special relationship exists between you and us,
by virtue of the Terms of Service or your use of Authorized Devices or the ROK Mobile Services. You
also agree we are not liable for missed voicemails or deletion of contacts from your address book,
content, or lost messages from your voicemail system.

Warranties WITHOUT LIMITING ANY PROVISION IN THESE TERMS OF SERVICE, THE WEBSITE AND THE ROK MOBILE
SERVICE ARE MADE AVAILABLE “AS IS” AND ON AN “AS AVAILABLE” BASIS AND ROK MOBILE MAKES NO AND
HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES, AND REPRESENTATIONS (COLLECTIVELY,
“WARRANTIES”) WITH RESPECT TO THE WEBSITE OR THE ROK MOBILE SERVICE, INCLUDING WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
TITLE, QUALITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. ROK MOBILE
MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE ROK MOBILE SERVICE (OR ANY PART THEREOF) OR WEBSITE
WILL BE FREE FROM

LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY
INTRUSION, AND ROK MOBILE DISCLAIMS ANY LIABILITY RELATING THERETO. ROK MOBILE MAKES NO GUARANTEES,
REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE ROK MOBILE SERVICE OR WEBSITE
WILL BE ACCURATE, TIMELY, RELIABLE, UNINTERRUPTED, OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, ROK
MOBILE MAY MODIFY, SUSPEND, OR DISCONTINUE ANY PART OR ALL OF THE ROK MOBILE SERVICE OR THE WEBSITE
OR YOUR USE OF EITHER OR BOTH. IN SUCH EVENT, ROK MOBILE WILL NOT BE LIABLE TO YOU OR ANY THIRD
PARTY. YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT, OR OTHER OBJECTIONABLE CONTENT
WHEN USING THE ROK MOBILE SERVICE. ROK MOBILE WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.
SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE ROK MOBILE SERVICE MAY INCLUDE
MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT ROK MOBILE ASSUMES NO RESPONSIBILITY
FOR SUCH CONTENT, PRODUCTS, OR SERVICES. CERTAIN STATE LAWS DO NOT ALLOW DISCLAIMERS OF OR
LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.

Indemnification You agree to indemnify and hold harmless us, our Affiliates,
business partners (including but not limited to our underlying carrier(s) and Added Value Service
Providers) and our and their respective officers, agents, partners and employees, from any and all
liabilities, settlements, penalties, claims, causes of action and demands brought by third parties
(including any costs, expenses or attorneys’ fees on account thereof) resulting from your use of
the Website by you or your use of the Authorized Device or the ROK Mobile Service or their use by
any other person, whether based in contract or tort (including strict liability) and regardless of
the form of action. Effect of These Terms of Service These Terms of Service supersede all oral or
written communications, agreements and understandings between you and us with respect to the ROK
Mobile Service, your Authorized Device and the Website and the terms under which they are offered
and provided to you. If any part of the Terms of Service is declared invalid or unenforceable, all
other parts of the Terms of Service are still valid and enforceable. No provision of the Terms of
Service provides any person or entity not a party to the Terms of Service with any remedy, claim,
liability, reimbursement, or cause of action, or creates any other third-party beneficiary rights.
If there is any inconsistency between these Terms of Service and your service plan then your
service plan shall prevail. Governing Law; Jurisdiction These Terms of Service are governed by, and
will be construed under, the laws of the United States of America and the laws of the State of
California. All disputes arising out of or related to your use of the ROK Mobile Service or the
Website shall be subject to the exclusive jurisdiction of the state and federal courts located in
California and you agree to submit to the personal jurisdiction and venue of such courts. Third
Parties Third parties and other third party App store providers are not parties to these Terms of
Use. Contact Us If you have any questions about these Terms of Use, contact us at
policies@rokmobile.com. Notices You may notify us by electronic means via the Website. Notices will
be considered effective after we receive them. Any notice we send you will be sent to your last
known residence or electronic address as shown on our records, or via text message to your
Authorized Device. Export You agree to comply with all trade regulations and export control laws,
both domestic and foreign. Authorized Devices, software, and any underlying information accessed or
transferred by you using the ROK Mobile Service may be subject to U.S. export controls, including
the Export Administration Act (50 U.S.C. 2401, et seq.) and the Export Administration Regulations
(50 C.F.R. 730-774), as well as the import regulations of other countries. You agree not to export
or re-export any Authorized Devices or software to any foreign country. Any information transferred
by you using the ROK Mobile Service to any foreign country, entity, or person must comply with the
U.S. Export Administration Act and the Export Administration Regulations. Assignment You may not
assign your rights or delegate any of your duties under the Terms of Service without our prior
written consent, and any attempted assignment or delegation without such consent is void. We may
assign all or part of the Terms of Service or your debts to us without notice.

Trademarks and licenses The ROK Mobile name and logo are registered trademarks of ROK Mobile, Inc.