TruConnect Communicator Terms of Service

Revised: March 29, 2017

Thanks for using TC Communicator, brought to you by TruConnect Communications, Inc. (“TruConnect”) and together with our affiliates ("Company", "we", "our" or "us"), and powered by textPlus, Inc. (“textPlus”). This Terms of Service ("Agreement") is a legal agreement between you (either an individual or entity) ("you" or "your") and governs your use of our TC Communicator mobile application ("TC Communicator") and any products or services offered by Company from time to time (collectively, the "Services"). By checking any acceptance boxes, clicking any acceptance buttons or simply by making any use of TC Communicator and/or the Services, you agree to be bound by this Agreement. If you do not agree to any of the terms herein, you may not use the Services.

WE ENCOURAGE YOU TO READ ALL OF THIS AGREEMENT AS IT CONTAINS IMPORTANT INFORMATION ABOUT TC COMMUNICATOR AND YOUR USE OF THE APPLICATION. TERMS AND CONDITIONS NOT FOUND HEREIN ARE FOUND AT https://www.truconnect.com/legal-terms-and-conditions-personal, WHICH ARE INCORPORATED INTO THIS AGREEMENT BY REFERENCE. 
Some Services mentioned herein may not currently be available.

Eligibility

You must be at least 13 years old to use the Services. If you are not at least 13 years old, do not use the Services. If you are under 18 years old, your parent or legal guardian must also read and agree to be bound by this Agreement.

TC Communicator

TC Communicator is a downloadable software application for mobile devices that allows its users to send and receive text messages, both on a one-to-one basis and in groups, all for free. TC Communicator is generally free to download and free to use (meaning you will not be charged for the text messages you send or receive using TC Communicator), except with respect to certain optional paid features and as set forth below.

Certain versions of TC Communicator feature the TC Communicator Free Calls Service ("TCFC"). TCFC allows its users to make and receive voice calls to and from other TCFC users for free using their TC Communicator phone numbers ("In-App Calls"). Additionally, you may elect to enable TCFC to (i) make voice calls to non-TCFC users on traditional phones for a fee, and/or (ii) receive voice calls from non-TCFC users on traditional phones for a fee ("Out-of-Network Calls"). During introductory offers, we may waive these Out-of-Network Call enablement fees for a limited time only.

The fee payable for making an Out-of-Network Call to a traditional phone (mobile or landline) is a per-minute rate based on the destination country of your Out-of-Network Call. The fee payable for receiving an Out-of-Network Call (regardless of its country of origin) is the per-minute rate payable for making a domestic local Out-of-Network Call. Our rates for Out-of-Network Calls are published within the service description of TCFC and at http://www.textPlus.com/rates.

The duration of an Out-of-Network Call is based on one-minute increments, and fractions of minutes will be rounded up to the next minute. We may change our rates for Out-of-Network Calls at any time without notice to you by posting the new rates at http://www.textPlus.com/rates . Please check our latest rates before making an Out-of-Network Call.

Out-of-Network Calls are generally made by purchasing and using "TC Communicator Credits". TC Communicator Credits are non-refundable and are not redeemable for any sum of money. We reserve the right to expire TC Communicator Credits if you do not use TCFC to make or receive an Out-of-Network Call for 180 consecutive days.

TC Communicator does not feature all of the services of, and is not a replacement for, a wired or wireless phone. In the United States, you cannot make Emergency 911 calls using TCFC.

Please see https://textplus.com/canada-911 for special terms regarding the making of Emergency 911 calls in Canada using TCFC.

TC Communicator GO Mobile Service

The TC Communicator GO mobile service ("TC Communicator GO") is an optional prepaid add-on service available via TC Communicator. Users who purchase this service receive a SIM card that connects their phone to a cellular network to enable TC Communicator services when outside of WiFi network coverage. When the user's phone is connected to the cellular network away from WiFi, only TC Communicator will connect to the mobile broadband service. Other mobile applications, including mobile web browsers, will not connect. Users may optionally purchase an add-on pre-paid mobile Data Pack (defined below) to access and use other mobile applications, mobile browsing, video and audio streaming at 4G LTE speeds, where available.

Your TC Communicator GO service will operate only after you have purchased a TC Communicator GO Pack service plan ("Service Plan") and as long as you have service days left on your 30-day Service Plan cycle. Your TC Communicator GO subscription will automatically renew and your payment method on file will be automatically billed unless you cancel your subscription. You will be notified via email prior to the automatic renewal charge and after the renewal charge is successful.

TC Communicator GO accounts are automatically closed if the service is not activated within 60 days of the initial purchase date. Additionally, TC Communicator GO accounts will be automatically closed 60 days after the conclusion of the last active subscription period. TC Communicator GO account closure results in the forfeiture of all remaining monetary credit, minute, text and data balances. Refunds are not granted for accounts without activity for 60 days.

The Service Plan provides unlimited calling and text messaging to numbers in the US and Canada. You may also purchase an add-on data pack to the Service Plan ("Data Pack") that provides a fixed amount of high-speed data at 4G/LTE** speeds. After your high-speed data threshold is reached, you will need to purchase another Data Pack or wait until the start of your next 30-day plan cycle.

**4G/4G LTE networks are not available on all devices and in all locations. 4G/4G LTE networks require a capable device and SIM card. Actual availability, coverage, and speed may vary.

Data transmitted over Wi-Fi does not count against your data usage. To preserve your high-speed data, you can sign into Wi-Fi whenever possible but recognize that public Wi-Fi locations may not be secure.

Ownership and Licenses

The content of TC Communicator, other than Submissions (as defined below) by users, including all software, text, visual, and audio content (collectively, "Content") and our trademarks and logos ("Marks"), are all owned by or licensed to us and are protected under U.S. and international laws. All rights not granted by Company are reserved. Company hereby grants you a non-transferable, non-exclusive, revocable, limited license to use TC Communicator as made available to you by Company. Company may, from time to time, update or modify TC Communicator, release new versions of it or create new Services related thereto, each of which may, at Company's discretion, be included within the license described above. You shall not be permitted to sublicense or transfer any of your rights hereunder including, without limitation, access to the TC Communicator application. You shall not reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the TC Communicator application, including, without limitation, any of the software comprising or in any way making up a part of it.

When you download TC Communicator, you may do so through a third-party's app store. If you do so, the following also applies: Company grants you a personal, revocable, non-exclusive, non-transferable license (without a right to sublicense) to download, install and use a copy of the Application on a single mobile device that you own or control solely for your personal and professional use, subject at all times to this Agreement. Furthermore, with respect to any App Store Sourced Application (as defined below), you will only use the App Store Sourced Application on a product running the operating system for which it was intended. You acknowledge that the terms of this Agreement are between you and us and not with the owner or operator of the App Store ("App Store Owner"). As between the App Store Owner and us, we, and not the App Store Owner, are solely responsible for the TC Communicator application, including the content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You also agree to pay all fees (if any) charged by the App Store Owner. The following applies to any Application downloaded through a third-party app store (e.g. Apple, Android) ("App Store Sourced Application"):

(a) Your use of the App Store Sourced Application must comply with the App Store Owner's "Terms of Service" or equivalent terms.

(b) You acknowledge that the App Store Owner has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the App Store Owner, and the App Store Owner will refund the purchase price for the App Store Sourced Application to you (if any) and to the maximum extent permitted by applicable law, the App Store Owner will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Company and the App Store Owner, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company.

(d) You and we acknowledge that, as between Company and the App Store Owner, the App Store Owner is not responsible for addressing any claims you have or any claims of any third-party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(e) You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third-party's intellectual property rights, as between Company and the App Store Owner, Company, not the App Store Owner, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

(f) You and we acknowledge and agree that the App Store Owner, and the App Store Owner's subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of this Agreement, the App Store Owner will have the right (and will be deemed to have accepted the right) to enforce the terms herein as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

(g) You represent and warrant that you are not (i) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) listed on any U.S. Government list of prohibited or restricted parties.

(h) Without limiting any other terms herein, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

Use of the Services

You are responsible for your use of the Services, and for any use of the Services made using your device. You agree not to access, copy, or otherwise use the Services, including our Content and Marks, except as authorized by this Agreement or as otherwise authorized in writing by us. If you decide to enter a mobile phone number, country, or other personal information in connection with your use of the Services, you agree only to enter the mobile phone number associated with your account, your country of residency or origin and other accurate personal information about you. You also agree not to use the Services:

(a) to violate any law or regulation; 
(b) to violate or infringe other people's intellectual property, privacy, or other rights; 
(c) to transmit anything that is illegal, abusive, harassing, racist, hateful, or otherwise objectionable in our opinion; 
(d) to transmit images that are sexually explicit, pornographic, obscene, or otherwise objectionable in our opinion; 
(e) in violation of the guidelines and rules, found at https://textplus.com/safety-security and http://www.textplus.com/community-rules/, or other published policies on our website or textPlus’ website; 
(f) to violate any contract, rules or policies that govern the use of your mobile device, as directed by your wireless carrier and mobile device manufacturer; 
(g) to send unwanted messages, make unwanted calls or transmit unauthorized advertising or commercial communications, such as spam; 
(h) to transmit any malicious or unsolicited software; 
(i) to stalk, harass, or harm another individual; 
(j) to impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity; 
(k) to violate any requirements, procedures, policies or regulations of networks connected to any of the Services; or to interfere with or disrupt any of the Services.

You are responsible for all device connection charges incurred by you when you use the Services. If you use the Services on a cellular network (rather than via Wi-Fi), standard data rates may apply, according to your wireless plan. And if you're traveling outside of your home country, please check with your wireless carrier before using the Services on a foreign cellular network (rather than via Wi-Fi), as international data roaming may apply and can get expensive very quickly.

Usernames, TC Communicator Phone Numbers and Other IDs

We reserve the right to reclaim any TC Communicator usernames and other unique IDs on behalf of businesses or individuals that we believe may have trademark rights or other legal claims to them. 
You may be provided with a TC Communicator phone number to be used by you in connection with your use of the Services. TC Communicator phone numbers are owned by us (or our suppliers) and may be reclaimed by us should your TC Communicator account be terminated for any reason, and for free TC Communicator phone numbers, due to non-activity.

Submissions and Messages

TC Communicator may allow you to submit material for hosting, display, and distribution to others ("Submissions"), such as posting or sharing photos, profiles, audio and video clips, and other content. When you send a Submission using the Services, you hereby grant us and our affiliates, representatives and assigns a non-exclusive, fully-paid, royalty-free, world-wide, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, and otherwise use and reuse all or part of your Submission (and anything we make using your Submission) through our Services and our platform. We reserve the right to display advertisements in connection with your Submissions, and to use your Submissions to advertise and promote the Company and our Services.

We are not required to host, display, or distribute any Submissions, and we may refuse to accept or transmit Submissions, and may remove them from the Services at any time. All Submissions, whether publicly posted or privately transmitted, are the sole responsibility of the person posting the Submission. We may not monitor or control Submissions and we cannot take responsibility for Submissions. Any use or reliance on any Submission posted via the Services is at your own risk.

By sending a Submission, you promise that you own all rights to your Submission or, alternatively, that you have the right to give us the license described above. You also promise that you have paid and will pay in full all fees or other payments related to the use of your Submission. Finally, you promise that your Submission does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third-party.

Messages that you send using the Services are subject to our Privacy Policy, found at https://www.truconnect.com/legal-privacy-policy, and textPlus’ privacy policy, found at https://textplus.com/textplus-privacy-policy/.

Feedback

We always welcome and appreciate your feedback and suggestions about the Services. You understand that we cannot necessarily respond to or implement feedback or suggestions, but if we do, you understand and agree that we may use them in any way we deem reasonable without compensation or attribution to you.

Support

If you have questions or need help using the Services, please feel free to email us at customercare@truconnect.com or call us at 1-800-430-0443 with your questions or comments. By using the Services, you consent to our communicating with you by text message or other electronic means and that certain information about your usage of the Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly notify us by e-mail at customercare@truconnect.com or call us at 1-800-430-0443, to ensure that your messages are not sent to any person that may acquire your old number.

Copyright

We respect the intellectual property rights of others. Upon proper notice, we will remove any content that violates copyright law. We will also terminate the accounts of repeat infringers. If you believe your work has been copied in a way that constitutes copyright infringement, please send our copyright agent a notification with all of the following information:

(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; 
(b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material; information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and your physical or electronic signature.

Please send all of the information described above to our copyright agent by e-mail at legal@truconnect.com. Promptly after receipt of a valid removal notification, we will remove or disable access to the allegedly infringing content. We will also notify the party that posted it of your claim that the material is infringing (which may include a copy of your notice) and will give that party an opportunity to send us a written counter-notification that the content is not infringing or that the party otherwise had the right to post the content. If we receive a valid counter-notification, we will forward it to you and you must then notify us within 10 business days that you have filed an action seeking a court order to restrain the other party from engaging in the allegedly infringing activity. If we receive such notification from you, we will not restore the content. If we do not receive such notification from you, we may reinstate the content.

Links to Other Websites

TC Communicator may contain links to third-party services or websites (such as in advertisements), or allow others to send you such links. A link to a third-party's website does not mean that we endorse it or that we are affiliated with it. We do not exercise control over third-party websites. You access such third-party websites or content at your own risk. You should always read the terms of use and privacy policy of a third-party website before using it. You agree that we will not be responsible for any damage or loss related to the use of any content, goods or services available on or through any third-party service or website.

Other End User License Agreements

Certain other end user license agreements and terms of use (such as those published by your wireless carrier and mobile device manufacturer) may also govern your use of the Services, provided that this Agreement will control in the event of a conflict with any such other agreement.

Privacy

We respect your privacy. Our Privacy Policy, found at https://www.truconnect.com/legal-privacy-policy , explains how we collect, use, and disclose information about you, and the privacy we afford your messages. Because TC Communicator is powered by textPlus, please read textPlus’ privacy policy, found at https://textplus.com/textplus-privacy-policy/, which explains how textPlus collects, uses, and discloses information about you, and the privacy it affords your messages. By using the Services, you agree to abide by our Privacy Policy and textPlus’ privacy policy.

TC Communicator Modifications

We enhance and update TC Communicator and our Services often. We may also need to discontinue Services we offer from time to time. You understand and agree that we may modify or discontinue TC Communicator or our Services, with or without notice to you. We will not be liable to you or any third-party should we modify or discontinue TC Communicator or our Services.

Termination

We reserve the right not to provide TC Communicator or our Services to any user, and to terminate any TC Communicator user at any time, in our discretion. If you violate any of terms of this Agreement, we may terminate your permission to use TC Communicator or our Services.

Reasonable Usage Policy

We want all of our users to take advantage of our industry low calling rates; in fact, we may offer some users unlimited calling plans within certain countries or territories. In order to prevent fraud and abuse of our calling plans, we're publishing this Reasonable Usage Policy (this "Policy") to make clear what's reasonable and allowed and what's impermissible usage.

Normal, Reasonable Use

TC COMMUNICATOR AND OUR SERVICES (INCLUDING OUR UNLIMITED CALLING PLANS) ARE INTENDED FOR NORMAL, PERSONAL, INDIVIDUAL NON-COMMERCIAL USE ONLY. 
UNAUTHORIZED OR EXCESSIVE USE BEYOND THAT NORMALLY EXPERIENCED BY A TYPICAL INDIVIDUAL MAY RESULT IN IMMEDIATE SERVICE TERMINATION.

TC Communicator GO Usage

Certain TC Communicator GO Service Plans allow unlimited calls to landline and mobile phones in the United States and Canada, excluding Puerto Rico, other U.S. territories and the Canadian Northwest Territory ("Unlimited Plan"). Calls associated with your Unlimited Plan are included in your Unlimited Plan subject to a usage limit of 2,500 minutes per month, per Unlimited Plan purchased. The maximum duration for a call using the Unlimited Plan is 3 hours. The minutes included in each Unlimited Plan do not roll over from month to month and will be lost if not used within that month. Once the minutes included in your Unlimited Plan have been used, you may not use additional minutes for the balance of the month.

SMS (text) messages are included in your Unlimited Plan subject to a usage limit of 5,000 text messages per month, per Unlimited Plan. Usage in excess of 5,000 text messages per month is considered excessive and is a violation of the Policy. Once the text messages included in your Unlimited Plan have been used, your ability to send text messages will be suspended for the balance of the Unlimited Plan billing cycle.

The TC Communicator GO service is powered by the TC Communicator application. Users are required to access and use the TC Communicator application to initiate calls and texts when the TC Communicator GO SIM card is installed in the user's phone. Users who initiate calls using their phone's dialer or who initiate texts using their phone's texting functionality (as opposed to using the TC Communicator application) will be in violation of the Policy and will be subject to suspension of the calling and texting feature until the end of the current billing cycle or complete termination of the TC Communicator GO service. Termination of the TC Communicator GO service will also result in forfeiture of any unused data balance.

You may not use TC Communicator GO Services in a manner that impairs the user experience of other users, or that otherwise impairs network performance.

Premium SMS

Company does not generally offer or participate in "Premium SMS" services or campaigns. Premium SMS services usually involve sending a text message to a designated "short code" or attempting to buy SMS services from anyone other than Company. Premium SMS campaigns include casting a vote, expressing your opinion, playing a game, or participating in interactive television programs through the use of a wireless phone.

You should not attempt to participate in Premium SMS services or campaigns other than those authorized by Company. Any text message you send to a "short code" not authorized by Company will likely not go through. Any charges you may incur as a result of your attempts to participate in Premium SMS services or campaigns not authorized by Company are not refundable.

Impermissible Uses

We evaluate customer usage and general calling patterns in comparison to typical levels of permissible usage engaged in by legitimate customers. 
While not exhaustive, these are the types of uses that would be considered impermissible under our Policy: 
(a) allowing others to access your TC Communicator account and use your calling plan; 
(b) operating a business or other enterprise, including any telemarketing;
(c) operating a call center or similar service or engaging in auto-dialing of any kind;
(d) engaging in illegal or fraudulent behavior; and
(e) reselling your calling plan minutes to others.

Other practices may be relevant in determining reasonable usage and we reserve the right to take any abnormal or unusual activity into account in making a determination. We may terminate a user's account or suspend his or her calling plan subscription immediately if we determine that a user is using a calling plan contrary to this Policy or other policies. We also reserve the right to change the Policy at any time, which change will become effective as provided in the "Changes" section below.

Payments

If and to the extent any portion of the TC Communicator GO Service requires a fee payment or incremental payment or subscription, you agree to pay Company any applicable fee posted for the Services. By completing and submitting any credit card or other payment authorization through the Services, you are authorizing Company to charge the fees to the account you identify, including automatic renewal fees (subject to our cancellation policy below). You must keep all billing information, including payment method, up to date. You agree to pay us for all charges incurred under your account, including all applicable taxes, fees, and surcharges. You authorize and direct us to charge your designated payment method for these charges or, if your designated payment method fails, to charge any other payment method you have on file with us. Further, you authorize and direct us to retain information about the payment method(s) associated with your account. During any free trial or other promotion, if any, you will still be responsible for any purchases and surcharges incurred using your account.

You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges, and purchases made by you or anyone you allow to use your account (including your children, family, friends, or any other person with implied, actual, or apparent authority) or anyone who gains access to your account as a result of your failure to safeguard your username, password, or other authentication credentials or information.

TC Communicator GO Cancellations & Refunds

During the first 30 days of your TC Communicator GO monthly subscription, the entire monthly subscription price, taxes and fees that were paid at the time the TC Communicator GO service was purchased are refundable within 30 days of purchase, regardless of whether the SIM card has been activated or not. Refunds can only be applied to the original credit card or payment account that was used to complete the purchase. Once a subscription is automatically renewed, the amount paid at the time of the initial purchase is not refundable.

After the first 30 days of your TC Communicator GO monthly subscription, your prepaid TC Communicator GO monthly subscription can be cancelled at any time. When you cancel your subscription after the first 30 days, you may use the Service until your next subscription renewal date. There is no prorating or refund of Service fees. Any unused Service at the time of termination will not be refunded or transferred.

The SIM card does not need to be returned if a refund or cancellation is applied.

Any promotional or bonus minutes, credits or data allowance that is included with a new TC Communicator GO subscription and/or SIM card that are issued upon activation are not transferable or refundable. Promotional and bonus minutes, credits and data allowances have no cash value.

TC Communicator GO Taxes, Fees, and Surcharges

As a TC Communicator GO subscriber, you agree to pay all taxes and fees imposed by governments or governmental entities. Company may not give advance notice of changes to taxes & fees. To determine taxes & fees, we will use the street address you identified as your billing address. This is your primary place of use ("PPU"). If you did not identify the correct PPU, or if you provided an address (such as a PO box) that is not a recognized street address, does not identify the applicable taxing jurisdictions or does not reflect the Service area associated with your telephone number, you may be assigned a default location for tax purposes. In the event of a disputed tax jurisdiction location or with respect to any disagreement regarding the taxes and fees assessed on your bill, you must request a tax refund within 60 days of our notification to you that the tax has been assessed.

TC Communicator GO Coverage Map

You will find coverage maps on our website. These maps are for general informational purposes only and depict the general coverage area of TC Communicator GO. Company does not guarantee coverage or Service availability and the coverage maps are not a guarantee of coverage. Coverage is not available everywhere. The coverage maps display only the predicted and approximate optimal wireless coverage for voice calls, while outdoors, of the network on which your phone may be activated. The coverage areas shown do not guarantee service availability and may include locations with limited or no coverage. Within coverage areas, there may be significant limitations or interruptions in coverage that may impact service and result in dropped and blocked connections, slower data speeds or no data connectivity and call interference. This could occur due to many factors including your device, network changes, network traffic volume, network outages, technical limitations, signal strength, the terrain and your proximity to buildings, foliage and other obstructions, weather and other conditions. You will not be able to operate your phone or make 911 calls if service is not available. Some features on your device may not operate when roaming on the network of a network roaming partner. If you travel outside of your coverage area, your phone will not work. The coverage depicted on our coverage maps is based on the information provided by other carrier partners and public sources and we cannot guarantee their accuracy. Coverage maps for your network may also vary based on your home location so please refer to our website for the most up-to-date coverage map applicable to your device and geographic area. Company is not responsible for any Service outages, interruptions in service or decline in the quality of service regardless of the cause.

TC Communicator GO Roaming

The TC Communicator GO service does not support roaming at this time. Roaming occurs when a subscriber of one wireless service provider uses the facilities of another wireless service provider.

TC Communicator GO Emergency Calls

The TC Communicator GO service does not support emergency calling when your phone is only connected to the service via WiFi and not the cellular network. If you are in an area where your TC Communicator GO service is searching for a cellular signal or there is no cellular signal or service, it is highly probable that a call to 911 will not go through. Do not rely solely on your TC Communicator GO service in an emergency situation. In an emergency, locate the nearest landline phone and call for help.

Changes

COMPANY MAY AMEND THIS AGREEMENT FROM TIME TO TIME, EACH OF WHICH AMENDMENTS SHALL BE DEEMED TO BE EFFECTIVE UPON POSTING THE UPDATED AGREEMENT WITHIN THE TC COMMUNICATOR APPLICATION AND WHICH SHALL BE EVIDENCED BY A NEW EFFECTIVE DATE SHOWN ABOVE. IF COMPANY MAKES ANY MATERIAL CHANGES, WE WILL NOTIFY YOU BY SENDING YOU AN EMAIL TO THE LAST EMAIL ADDRESS YOU PROVIDED TO US (IF ANY) AND COMPANY MAY REQUIRE YOU TO PROVIDE CONSENT TO THE UPDATED AGREEMENT BEFORE FURTHER USE OF THE TC COMMUNICATOR APPLICATION IS PERMITTED. OTHERWISE, YOUR CONTINUED USE OF THE TC COMMUNICATOR APPLICATION OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE WITH THE MODIFIED TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE TC COMMUNICATOR APPLICATION OR SERVICES. YOU SHOULD CHECK THE TC COMMUNICATOR APPLICATION, SERVICES AND THIS AGREEMENT REGULARLY TO ENSURE YOU REMAIN CURRENT ON THE TERMS SET FORTH HEREIN.

Notice to California Users

Under California Civil Code Section 1789.3, users of mobile applications from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 1-916-445-1254 or 1-800-952-5210.