Terms of Service

Effective Date: October 1, 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Wi-Fiber, Inc., together with its subsidiaries and affiliates ("Wi-Fiber," "we," "us," or "our"), governing your purchase and use of Wi-Fiber's mobile wireless voice, text, and data service (the "Service"). Please read these Terms carefully before activating Service.

1. Acceptance of Terms

By checking the box below, activating a Wi-Fiber mobile line, or using the Service, you acknowledge that you have read, understand, and agree to be bound by these Terms, our Privacy Policy, our Acceptable Use Policy, and the applicable Mobile Plan Terms and Data Policy (each incorporated herein by reference). If you do not agree, do not check the box and do not use the Service.

You must be at least 18 years of age (or the age of majority in your state) and have the legal capacity to enter into a binding contract to purchase or activate Service in your own name. A parent or legal guardian may activate Service on behalf of a minor and remains responsible for that account.

2. Service

Wi-Fiber is a Mobile Virtual Network Operator ("MVNO"). Wi-Fiber does not own the underlying wireless network infrastructure used to provide Service; Service is provided using network capacity made available to Wi-Fiber under agreement with one or more underlying facilities-based wireless carriers (each, a "Network Provider"). Coverage, network availability, and data speeds depend on the Network Provider's network and are not guaranteed. Network Provider(s) may change from time to time without notice to you, and such a change will not, by itself, entitle you to terminate Service without an early termination charge (if applicable).

3. Eligibility, Account Registration, and Identity Verification

You must provide accurate, current, and complete information when creating an account, including a valid government-issued form of identification if required for SIM registration, number porting, or fraud prevention purposes. You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account.

4. Plans, Pricing, and Billing

  • Available plans, monthly high-speed data allowances, and pricing are described in the Mobile Plan Terms and Data Policy, which is incorporated into these Terms.

  • Service is billed in advance on a monthly cycle. Taxes, regulatory fees, and surcharges (including but not limited to Universal Service Fund contributions, 911 fees, and applicable state and local taxes) are additional and will be itemized on your bill.

  • You authorize Wi-Fiber to charge your designated payment method each billing cycle, including for autopay enrollment where applicable.

  • Prices are subject to change. Wi-Fiber will provide advance written notice of any price increase to your plan as required by applicable state law (generally not less than 30 days), and you may cancel Service without an early termination fee if you do not accept the change, by notifying Wi-Fiber before the change takes effect.

  • Late or non-payment may result in suspension or termination of Service as described in Section 7.

5. Number Porting and Ownership

You may transfer ("port") your existing wireless number to Wi-Fiber, or port your number away from Wi-Fiber to another carrier, subject to FCC local number portability rules. You, not Wi-Fiber, are the authorized user of any telephone number assigned to your account, except as otherwise required by law.

6. Acceptable Use

You agree not to use the Service: (a) for any unlawful purpose, including transmission of unlawful robocalls or unsolicited telemarketing in violation of the Telephone Consumer Protection Act (TCPA) or Telemarketing Sales Rule; (b) to transmit malware, spam, or unlawfully intercept communications; (c) in a manner that infringes on the intellectual property or privacy rights of others; (d) to resell or commercially redistribute the Service without Wi-Fiber's prior written consent; or (e) in violation of the Network Provider's acceptable use policies, as may be provided to you. Wi-Fiber may suspend or terminate Service for violations of this section.

7. Suspension and Termination

Wi-Fiber may suspend or terminate your Service, with notice where required by law: (a) for non-payment; (b) for suspected fraud, abuse, or violation of these Terms; (c) if required by a Network Provider or by law; or (d) upon your request. You may cancel Service at any time by contacting Wi-Fiber Customer Care; cancellation will be effective at the end of your then-current billing cycle unless otherwise required by law. Early termination fees, if any, are disclosed at the time of purchase and in the Mobile Plan Terms and Data Policy.

8. E911 and Emergency Services

Wi-Fiber Service supports E911 dialing where technically available through the Network Provider; however, 911 service may not function during a Service outage, in areas without coverage, if your device is not registered on the network, or during power or network failures. Location information provided to emergency responders may be less precise than with traditional landline service. You are responsible for informing household members and other users of these limitations.

9. Network Management, Coverage, and Service Availability

Wi-Fiber engages in reasonable network management practices as described in the Mobile Plan Terms and Data Policy, consistent with the FCC's Open Internet Transparency Rule. Coverage maps are estimates only and do not guarantee availability, quality, or speed of Service at any specific location. Service may be interrupted for maintenance, network congestion, weather, or circumstances outside Wi-Fiber's control.

10. Device Compatibility and Equipment

Use of the Service requires a compatible device and, where applicable, a Wi-Fiber-issued or Wi-Fiber-approved SIM or eSIM profile. Wi-Fiber is not responsible for the performance of devices not sold directly by Wi-Fiber.

11. Privacy and Customer Proprietary Network Information (CPNI)

Your use of the Service is subject to Wi-Fiber's Privacy Policy. As required by Section 222 of the Communications Act and FCC rules, Wi-Fiber will protect your Customer Proprietary Network Information (CPNI) — including call detail and usage information — and will not use, disclose, or permit access to CPNI except as authorized by you or as permitted by law. You may opt out of certain CPNI-based marketing uses by contacting Customer Care.

12. Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR STATE'S LAW.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WI-FIBER, ITS SUBSIDIARIES, AND ITS NETWORK PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF DATA, ARISING FROM OR RELATED TO THE SERVICE, INCLUDING SERVICE INTERRUPTIONS OR FAILURE OF 911 CALLS TO CONNECT. WI-FIBER'S TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID FOR SERVICE IN THE THREE (3) MONTHS PRECEDING THE CLAIM. THIS SECTION DOES NOT LIMIT LIABILITY WHERE PROHIBITED BY LAW, INCLUDING FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR DEATH OR PERSONAL INJURY CAUSED BY WI-FIBER'S NEGLIGENCE, TO THE EXTENT SUCH LIMITATION IS UNENFORCEABLE UNDER APPLICABLE STATE LAW.

14. Dispute Resolution and Arbitration

Please read this section carefully. It affects your legal rights.

Except for claims that qualify for small claims court, or where prohibited by applicable state law, you and Wi-Fiber agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding, individual arbitration administered by the American Arbitration Association, rather than in court, except that either party may bring an individual action in small claims court. YOU AND WI-FIBER EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING.

Opt-Out Right: You may opt out of this arbitration agreement by sending written notice to Wi-Fiber at the address below within 30 days of first accepting these Terms. Opting out will not affect any other part of these Terms.

This arbitration provision does not apply, and does not limit, any right you may have to bring a claim in a state or federal court where such a waiver is prohibited or restricted by applicable state consumer protection law. Nothing in this section limits any non-waivable right you have under federal or state law, including the right to file a complaint with the FCC or a state public utility/service commission.

15. Governing Law

These Terms are governed by the laws of the State of Utah, without regard to conflict-of-laws principles, and by applicable U.S. federal law (including the Communications Act of 1934, as amended, and FCC rules), except that if you reside in a state whose consumer protection laws require application of that state's law to disputes with its residents, that state's law will apply to the extent required.

16. Changes to These Terms

Wi-Fiber may modify these Terms from time to time. If a change materially affects your rights or obligations, Wi-Fiber will provide notice by email, text, bill message, or account portal posting at least 30 days (or the minimum period required by applicable state law) before the change takes effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree, you may cancel Service before the change takes effect without an early termination fee.

17. Assignment

Wi-Fiber may assign these Terms in connection with a merger, acquisition, or sale of assets. You may not assign these Terms without Wi-Fiber's prior written consent.

18. Severability and Entire Agreement

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect. These Terms, together with the Mobile Plan Terms and Data Policy and Privacy Policy, constitute the entire agreement between you and Wi-Fiber regarding the Service and supersede any prior agreements.

19. Contact Us

Wi-Fiber, Inc.

70 East Golf Course Road, Ste 130

Logan, UT 84321

Customer Care: 435-919-5119 | support@wi-fiber.io

Notices related to arbitration opt-out or legal process: legal@wi-fiber.io

Acknowledgment and Acceptance

Please review these Terms of Service, the Mobile Plan Terms and Data Policy, and the Privacy Policy in full before proceeding.

☐ I have read, understand, and agree to be bound by these Terms of Service, the Mobile Plan Terms and Data Policy, and the Privacy Policy. I acknowledge that this Service includes a binding arbitration agreement and class action waiver as described in Section 14, and that I am at least 18 years of age or the age of majority in my state.

Customer Name (print):

Signature (electronic):

Date Accepted:

Account / Order Number: