Terms and Conditions

1. Agreement to Terms

By using 321 Communications (“321,” “we,” “our,” “us”) services, you agree to be bound by these Terms and Conditions and all applicable policies, including our Privacy Policy. This agreement constitutes a binding contract between you and 321 Communications. If you do not agree, you must stop using our services.

2. Service Provision

321 Communications provides wireless telecommunication services. All services are subject to network availability and may be affected by technical, geographic, or environmental limitations. We may modify, suspend, or discontinue services at any time without prior notice, and you agree we are not liable to you or third parties for such actions.

3. User Responsibilities

You are responsible for safeguarding your account credentials. You must ensure your use of our services complies with applicable laws and regulations and that your device(s) meet network and certification standards.

4. Billing and Payments

Services may be offered on a pre-paid or post-paid basis as specified in your service plan. You agree to pay all charges, including taxes, fees, surcharges, and government assessments associated with your service. Automatic renewal plans continue until canceled.

5. Data Usage and Analytics

By using our services, you agree that 321 Communications may collect, analyze, and store usage information (e.g., call data, browsing data within our apps/portals, and usage metrics) to operate, secure, improve, and personalize services and offers. We may share anonymized or aggregated data with affiliates and partners for analytics and product enhancement.

6. Sharing Data with Affiliates

You consent to 321 Communications sharing your data with its parent, subsidiaries, or sister companies to provide additional or complementary services or products, including for marketing and service improvement. You may withdraw consent at any time by contacting support; withdrawal may affect availability of certain features.

7. Lost or Stolen Devices

Notify us immediately if your device is lost or stolen. Upon notice, we will suspend service to prevent further charges. You are not responsible for usage charges incurred after you report loss/theft. If you choose not to suspend service, you remain responsible for all incurred charges. We may block the device on our network and others.
California customers: You are not liable for unauthorized charges before notifying us; however, device use may be considered evidence of authorization. You may request an investigation, and if charges are determined unauthorized, we will credit your account.

8. Misuse of Service or Device

 Services are for personal use (voice, text, data) and not for resale or bulk communications. Prohibited uses include, without limitation:

Reselling or rebilling service.

Unlawful activities or interference with our network.

Continuous or excessive calling patterns, automated messaging, or excessive/abusive data usage.

Device tampering, spamming, or mass communications.

Running software that maintains always-on connections or relaying calls not originating from your device.

Violations may result in throttling, suspension, or termination.

9. Dispute Resolution

Any dispute arising from your use of services will be resolved by binding arbitration; both parties waive the right to a jury trial. You must first attempt to resolve disputes through our customer service within 60 days of reporting the issue.

10. Emergency and 9-1-1 Services

In emergencies, you may need to provide your location to 9-1-1, as it may not always be automatically transmitted. 321 Communications does not guarantee uninterrupted access to emergency services, including during outages or when outside coverage areas.

11. Charges, Fees, and Billing

You agree to pay all charges, fees, and taxes associated with your service. Billing disputes must be reported within 30 days of the disputed charge. Prepaid and promotional plans may be non-refundable as stated at purchase.

12. Data Usage and Restrictions

Data plans are for personal, non-commercial use. We may manage network resources, reduce speeds, or suspend service for excessive usage, tethering contrary to your plan, or non-compliant use such as continuous streaming or automated machine-to-machine transmissions not included in your plan.

13. Termination and Cancellation

You may cancel service at any time. We may suspend or terminate service for violations of these Terms, fraud, non-payment, or excessive/abusive usage. Unless a promotion states otherwise, no refunds are issued for unused service.

14. Fees and Government Charges

Recovery Fee: May be charged in addition to your plan. This fee does not add service time and may change without notice.

Federal Universal Service Fund Fee: Supports USF contributions; rates vary per FCC/USAC.

Federal Regulatory Recovery Charge: Covers regulatory costs, including TRS and number portability.

Other Government Fees: State/local fees, including State USF and local 9-1-1 fees, are based on your billing address.

Government Taxes: Federal, state, and local taxes are calculated based on your billing address. If none is provided, 321 Communications may assign a default ZIP code for tax purposes.

15. Right to Dispute Charges

Notify 321 Communications in writing within 60 days (20 days for Puerto Rico customers) to dispute charges. You must pay disputed amounts while under review. Puerto Rico customers may appeal to the Telecommunications Board within 30 days.

16. Device Warranty Information

All new devices purchased from 321 Communications are covered by a one-year manufacturer’s warranty. Refurbished devices include a 60-day warranty. Follow instructions in Section 15 to request a warranty replacement. Damage from liquids or unauthorized modifications is not covered. 321 Communications is not liable for consequential damages, loss of use, or lost data.

17. Refunds for Canceled Service

Refunds, where applicable, are prorated for any remaining prepaid period, less applicable fees. No refunds for services used beyond the initial period unless specified in a promotion.

18. Customer Communications

 You agree to receive communications via email, SMS, phone, app notifications, or other electronic means. Autodialed or prerecorded messages may be sent for account or marketing purposes. You may opt out by contacting support or updating preferences.

19. Our Rights to Limit or End Service

We may limit, throttle, suspend, or terminate your service without notice for breach, misuse, fraud, non-payment, or if service becomes commercially unreasonable. Reinstatement may require a fee.

20. Limitation of Liability

321 Communications is not liable for indirect, incidental, special, punitive, or consequential damages. Total liability for any claim is limited to the amount you paid for the specific service during the billing period.

21. Intellectual Property

 All rights, title, and interest in 321 Communications’ software, trademarks, content, and materials are reserved. You receive a limited, non-exclusive, non-transferable license for personal use only. No copying, modification, reverse engineering, or resale without authorization.

22. Privacy Information

Your personal information is governed by our Privacy Policy. You are responsible for backing up data on your SIM, eSIM, and devices; 321 Communications is not responsible for user-stored data.

23. Contact Information

[email protected]

24. Governing Law and Jurisdiction
These Terms are governed by the laws of Florida, without regard to conflict of laws principles. Any legal action must be brought exclusively in the courts of Florida.

25. Changes to Terms

321 Communications may modify these Terms at any time. Continued use constitutes acceptance of updated Terms.

26. Force Majeure

321 Communications is not liable for interruptions or failures caused by events beyond our control, including natural disasters, strikes, cyberattacks, or power failures.

27. Indemnification

You agree to indemnify and hold harmless 321 Communications, its affiliates, officers, and employees from claims arising from your misuse of services or violation of these Terms.

28. Third-Party Services

We are not responsible for third-party websites, apps, or services accessed through our network.

29. Security and Unauthorized Access

You are responsible for all activity on your account. Notify us promptly of unauthorized use. Liability for charges may be limited if notice is timely.

30. Age Restrictions

You must be at least 18 years old (or age of majority in your jurisdiction) to use our services. Minors may use services only with parental consent.

31. Arbitration and Class Action Waiver

Disputes are resolved through binding individual arbitration. Class action claims are waived unless prohibited by law.

32. Auto-Renewal and Term

Certain plans automatically renew. You are responsible for reviewing renewal terms and providing notice to avoid unwanted charges.

33. Mobile Apps, SIM, and eSIM Usage

Your use of apps, SIM cards, or eSIMs is subject to these Terms. Backup your data; 321 Communications is not liable for device malfunction or data loss.