Terms Of Service

These terms (“ Terms ”) cover the use of ROKiT consumer products, websites, and services listed below (the “Services ”). You accept these Terms through the purchase and use of the Services, creating a ROKiT account, or by continuing to use the Services after being notified of a change to these Terms.

ROKiT Life

• Includes: ROKiT Talk, Family Telemedicine, Pharmacy Savings, Roadside Assistance, ID Theft Protection, Burial and Cremation services, ROKiT Legal Services, and Accidental Death Insurance;

ROKiT Telemedicine

• Includes: Family Telemedicine and Pharmacy Savings

ROKiT Roadside

• Includes: Roadside Assistance, ID Theft Protection and Family Legal services

ROKiT Entertainment

• Includes: ROKiT FLiX 3D and ROKTV

Your use of the Website is governed by the Website Terms of Use [ROKiT Website Terms of Use] and Acceptable Use policy [ROKiT Website Acceptable Use Policy]. Please read the Website Terms of Use and Acceptable Use policy carefully.

In order to use the Services you may need to use one or more of ROKiT’s mobile applications (the “ Apps ”) that allows access to the Services. Use of the Apps is subject to the Terms of Use and the EULA for the Apps.

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 Services;

Added Value Service Provider: means any third party that provides any of ROKiT’s Services;

Affiliates: means ROKiT’s ultimate holding company, subsidiaries and the subsidiaries of ROKiT’s ultimate holding company;

Authorized Device: means a ROKiT branded device that has been purchased from ROKiT or ROKiT’s authorized retailers;

Content: means any content or materials available to customers via any the Services and the Apps, 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;

ROKiT, we, us and our: means ROKiT Phone Company LLC whose principal office is at 17383 W. Sunset Blvd, A300, Pacific Palisades, CA 90272;

Website: means our website at https://rokitphones.com; and

you, your: means an individual who uses the Services, our Website, or Apps (including but not limited to any subscriber, free trial user, or purchaser of any Services requiring payment of a fee).

Please read these Terms of Service carefully.

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

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 Services after the date on which the updated Terms of Service are posted to the Website will constitute your acceptance of the changes. Please check the 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 SERVICES AND YOUR PARENT OR GUARDIAN AGREES TO THESE TERMS OF SERVICE.

Access to Services
The Services received by you will depend on the Services package you select and purchase or is included with your Authorized Device purchase. The Services are provided for use exclusively with Authorized Devices or Apps by individuals. We cannot guarantee that an Authorized Device that has not been provided by us or our Authorized Retailers 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 Services.

If you alter or modify your Authorized Device or Our Apps 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 Services.

The Services are provided by the Added Value Service Providers.

Modification
We reserve the right to modify the Services and Apps, temporarily or permanently, with or without notice or liability to you. We may at any time change, amend, withdraw, replace, update or add to any of the 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 Services.

Intellectual Property Rights
You acknowledge and agree that the Website, Services, Authorized Device, and Apps contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in the Website, Services, Authorized Device, and Apps are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to reverse engineer, modify, rent, lease, loan, sell, distribute or create derivative works based on the Website, Services, Authorized Device, and Apps, in whole or in part.

Indemnification
You agree to hold harmless and indemnify us and our respective subsidiaries, affiliates, officers, agents, employees, partners and licensors, from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating in any way to, your use of the Services (including but not limited to the cancellation, absence, failure or outage of the Services, including specifically any claims arising out of the failure to complete emergency service calls).

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

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

Family Telemedicine: A telemedicine system that permits the delivery of personalized medical services by telephone and over the internet (the “MeMD Branded Product”) is provided by 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/

Roadside Assistance: Is a service provided by Roadside Protect. 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/

ROKiT Legal Services: Is a service provided by Legal Club of America. Your use of the ROKiT Legal Services product is subject to you complying with the Added Value Service Provider’s Term and Conditions at https://www.legalclub.com/privacy-policy.html

Identity Theft Protection: Is an identity restoration up to $1 Million of insurance coverage. Service is provided by 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 https://www.legalclub.com/privacy-policy.html

Accidental Death Insurance Includes coverage up to $100,000. Service is provided by Sirius America. Your use of the Accidental Death Insurance, a Sirius America branded product, is subject to you complying with the Added Value Service Provider’s Term and Conditions.

Burial & Cremation includes Final Expense Insurance up to $20,000 towards burial and cremation and other miscellaneous funeral costs and expenses. Service is provided by Sirius America. Your use of the Final Expense Insurance, a Sirius America branded product, is subject to you complying with the Added Value Service Provider’s Term and Conditions.

Pharmacy Savings service is provided by MSC ScriptSave® Prescription Drug Saving Program (“ScriptSave® Program”), Medical Security Card Company, LLC. Your use of the ScriptSave® Program is subject to you complying with the ScriptSave® and/or WellRX Branded Program’s Terms and Conditions at https://www.scriptsave.com/Terms.

ROKiT Talk WiFi Calling or International long distance telecommunications service (“ROKiT Talk WiFi”) is provided by NetworkIP, LLC dba Elite Telecom. Your use of the ROKiT Talk service is subject to you complying with Elite Telecom’s Terms and Conditions at https://roktalk.info/support#terms

ROKiT Talk Plus WiFi Calling or International long distance telecommunications service (“ROKiT Talk Plus WiFi”) is provided by NetworkIP, LLC dba Elite Telecom. Your use of the ROKiT Talk service is subject to you complying with Elite Telecom’s Terms and Conditions at https://roktalkplus.app/support#terms

ROKTV is provided by Freecast, Inc. (“Freecast”). Your use of the ROKTv service is subject to you complying with Freecast’s Terms and Conditions at http://roktv.com/members/tos/

ROKiT FLiX 3D is a mobile application and service provided by ROKiT, for the purpose of providing and accessing content specifically designed for Authorized Devices.

The charges for the Services are set out on the Manage Services page of the ROKiT Launch Control mobile app and on the Website. We may change any or all of the charges from time to time, provided that the new charges are posted on the Website at least 30 days before coming into effect.

Service 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 Services do not include taxes or regulatory fees. When applicable, 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 and services 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 the the Services period. Billing Definitions and Terms for Monthly Service; Your activation date is the day that your Services package is activated, and you are first billed, this must occur within 60 days after the date of purchase of the Authorized Device. As with many other service providers, the Services billing period is 30 days. We attempt to purchase the next 30 days of the Services for each customer on the 27th day of the Services billing period. If payment fails, we send our customer a message and then try to purchase the Services again on the 30th day of the Services billing period. This is to ensure that our customers have a working payment method on file and prevent cancellation or interruption of the Services on the 31st day. Billing Definitions for Annual Services (“Once Year”, “A Year” or “Year”) of the Services is defined as 360 days, and Billing Definitions for Monthly Services (“Monthly” or “Month”) of the Services is defined as 30 days.

Account suspension for declined payments or credit card chargebacks
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 Services until payment is received or terminate your Services and deactivate your Account at our sole discretion. For a credit card chargeback, if the chargeback is not resolved and reversed, we will terminate your Services and 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 for Services 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 your access to the Services. Acceptable uses: You agree not to use the Services, 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 Services in a manner that interferes with another customer’s use of the Services 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 Services without further notice.Suspension or termination: We reserve the right to issue a warning and to suspend or terminate your use of the Services 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 Mobile Applications: Not all mobile applications will work on all Authorized Devices, and some Apps may not be available in all areas. Use of certain mobile applications may require the disclosure of personal information subject to the policies of the companies that offer such mobile applications. 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 Added Value Service Providers) 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 Services 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 Services 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 Services 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. ROKiT 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 Added Value Service Providers) 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 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 Services 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 Services (including without limitation the Added Value Service Providers) or any equipment (including without limitation the Authorized Devices) provided in connection with the Services;
2. errors or omissions of our business partners (including but not limited to 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 Services 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 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
THE WEBSITE AND THE SERVICES ARE MADE AVAILABLE “AS IS” AND ON AN “AS AVAILABLE” BASIS AND ROKiT MAKES NO AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES, AND REPRESENTATIONS (COLLECTIVELY, “WARRANTIES”) WITH RESPECT TO THE WEBSITE OR THE SERVICES, 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. ROKiT MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE SERVICES (OR ANY PART THEREOF) OR WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND ROKiT DISCLAIMS ANY LIABILITY RELATING THERETO. ROKiT MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE SERVICES OR WEBSITE WILL BE ACCURATE, TIMELY, RELIABLE, UNINTERRUPTED, OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, ROKiT MAY MODIFY, SUSPEND, OR DISCONTINUE ANY PART OR ALL OF THE SERVICES OR THE WEBSITE OR YOUR USE OF EITHER OR BOTH. IN SUCH EVENT, ROKiT 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 SERVICES. ROKiT WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT. SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE SERVICES MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT ROKiT 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 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 Services 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 and the documents referred to in these Terms of Service set out the agreement between you and us relating to the terms under which the Services are offered and provided to you and supersede all oral or written communications, agreements and understandings between you and us with respect to the Services 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 other than you, us and our Affiliates and business partners (including but not limited to Added Value Service Providers) 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 Services package, then your Services package 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 Services 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 mobile application 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 support@rokitphones.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 Services 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 Services 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 ROKiT name and logo are registered trademarks of ROKiT or its Affiliates.

30-Day Satisfaction Guarantee on ROKiT Phones purchased from rokit.com.

ROKIT online store offers a 30-day satisfaction guarantee on most products. Any purchase made directly through the ROKiT online store for US customers may be returned within 30 days of the invoice date. All returns must be accompanied by a “RAN” number (Return Authorization Number) obtained by calling (855) 697-6548 or support@rokitphones.com.

To be eligible for a full refund, your product must be unopened, in its original packaging with any seals unbroken and intact. Only products that have been purchased directly from ROKIT can be returned to us. ROKIT products purchased through other retailers must be returned in accordance with their respective returns and refunds policy. Any Services that come included with ROKIT phones or devices do not have any cash value and are not eligible for refunds. All Services upgrades are non-refundable. ROKIT may charge a 15% restocking fee for any opened products.

Shipping your product back to ROKIT

Customers are responsible for all shipping costs associated with their returns. For your protection, we suggest customers send packages requiring a signature and retain the shipping slip or tracking code for their records when returning a product. Our support team will provide the RAN number.

Ship all returns to:

ROKiT Phones
12598 Central Ave.
Unit 208
Chino CA 91710

Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned product. We will also notify you of the approval or rejection of your refund. If you are approved, then you have the following options:

If you request a refund and you returned a product without all accessories, documentation or any free promotional item supplied with the product, or if the accessories, documentation or free items are damaged, ROKIT may in its sole discretion either reject the return entirely or accept the return but make a deduction from the amount of your refund for the value of the missing or damaged accessories, documentation and/or free items.

If you request an exchange for a lower priced product model, we will refund you the difference in price and if you request exchange for a higher priced model, you will be required to pay us for the difference in price prior to shipment of the higher priced product model.