Terms & Conditions

Gabb Wireless Terms & Conditions

This is an agreement (“Agreement”) between you, the “Customer,” and Gabb Wireless, Inc. (hereinafter identified as “Gabb Wireless”,” “we” or “us”) for cellular radio telecommunications service (“Service”). This Agreement is binding when Service is activated to your specific telephone number(s) (each, a “Number”). The term “Unit” means the cellular receiving and transmitting equipment that is programmed with the Number

By using our services, you accept all terms of this agreement. This agreement requires the use of Arbitration on an individual basis for all dispute resolution, rather than jury trials or class actions. Remedies are limited in the event of a dispute.

Term / Termination:
1. Month-to-Month:
  If you selected a month-to-month service contract on your Gabb plan, the initial term will be for one month and will renew on a monthly basis. You may cancel this agreement at any time for any reason by providing written notice. If you require a cancelation, click here. We may also cancel this agreement. If we do, we will attempt to notify you in advance. Even though the account is canceled, you are liable for all charges accrued and billed through the date of termination. If you have prepaid for any service at the time of termination, you will be refunded the pro-rata portion of such prepayment upon termination.
2. One (1) Year Contract:
  If you selected a one-year monthly service contract on our Gabb plan, the following applies: The initial term of your service contract will be for one (1) year. After the initial term, your service will automatically continue month-to-month and either party may terminate the service at any time with written notice. You may cancel your service by clicking here. If your line of service is in the initial contract term and you terminate this Agreement without legal excuse (e.g. Gabb is in default or breach of the Agreement, or Gabb failed to provide service), you agree to pay us an early termination fee. The early termination fee is not a penalty, but rather a reasonable charge to compensate us for your failure to fulfill the terms of the Agreement. The early termination fee for the Gabb Phone Plus, Gabb Phone and Gabb Watch shall be as follows: If you are on a one-year contract term, then your early termination fee will be $100 plus taxes, which will decline by $10 per month upon completion of months 3-12 and will be $0 upon completion of the contract term. Your full payment of the termination fee shall be our sole and exclusive remedy for the early termination of this Agreement.
3. Two (2) Year Contract:
  If you selected a two-year monthly service contract on our Gabb plan, the following applies: The initial term of your service contract will be for two (2) years. After the initial term, your service will automatically continue month-to-month and either party may terminate the service at any time with notice. You may cancel your service by clicking here. If your line of service is in the initial contract term and you terminate this Agreement without legal excuse (e.g. Gabb is in default or breach of the Agreement, or Gabb failed to provide service), you agree to pay us an early termination fee. The early termination fee is not a penalty, but rather a reasonable charge to compensate us for your failure to fulfill the terms of the Agreement. The early termination fee for the Gabb Phone Plus, Gabb Phone, and Gabb Watch shall be as follows: If you are on a two-year contract term, then your early termination fee will be $150 plus applicable taxes, which will decline by $6.25 per month upon completion of months 7-15, $10 per month upon completion of months 16-24, and will be $0 upon completion of the contract term The early termination fee for the Gabb Watch Lite shall be as follows: If you are on a two-year contract term, then your early termination fee will be $75 plus taxes, which will decline by $8.33 per month upon completion of months 16-24 and will be $0 upon completion of the contract term. For example, if you live in Memphis, Tennessee, and you enter into a two (2) year contract, and you terminate your agreement after ten (10) months of service, you would have fourteen (14) months of service remaining and your termination fee would be $125 plus additional taxes which would be XXXX if you live in Memphis, Tennessee ($150 termination fee less a reduction of $6.25 for month 7, month 8, month 9, and month 10).
4. Subscriptions:
  1. If you have a Gabb Cloud and/or Gabb Music subscription and choose to cancel it, your subscription will remain active until your next billing cycle. No proration will be available for these subscriptions. You may cancel your service by login in to MyAccount > Subscriptions > Choose the subscription you’d like to cancel > Manage > Cancel.
  2. Gabb Cloud Discontinuation of Services
    We may decide to discontinue the Gabb Cloud Services in response to unforeseen circumstances or events beyond Gabb’s control (for example, Acts of God such as a natural disaster, or fire), to comply with a legal requirement, or if our affiliates and trusted third parties can no longer support the Gabb Cloud Services. If we do so, we’ll give you reasonable prior notice so that you can export retrieve your data from our systems. We will give you no less than 30 days’ notice where possible under the circumstances.
  3. Gabb Maps
    Gabb Maps may be available for certain Gabb devices. Currently Maps may be made available for Gabb Phone Plus only and with limited functionality including identifying the device location, searching for a new location, and providing a navigation line from one location to another. Gabb Maps is for entertainment and information purposes only and is not intended for use as a guide for point-to-point navigation for any movement or traveling purposes. Location or map data, directions or other features or content included in or accessible by Gabb Maps may be inaccurate or incomplete and may depend on network availability. Gabb does not guarantee the accuracy, reliability, or availability of Gabb Maps. You need to rely on your own judgement and consider applicable conditions and circumstances that may impact your use of Gabb Maps and travel. You are responsible for your own conduct and must observe the local laws when using Gabb Maps. Gabb Maps not intended to be relied upon in situations where precise or approximate data is needed or where inaccurate or incomplete data may lead to delay, injury, or death. Gabb reserves the right to remove, limit, suspend, or modify Gabb Maps and its availability at any time and without notice. If you do not approve of any usability or functionality of Gabb Maps, remove it immediately from the assigned device via your Gabb Account App Management portal here. By using Gabb Maps, you agree to be bound by these terms.
  If we fail to perform any of our obligations, you may terminate this Agreement upon written notice. We may interrupt or terminate your service without notice for any conduct that we believe violates this Agreement or any terms and conditions of your rate plan, or if you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, or if we discover that you are under the age of eighteen (18), or if you fail to make all required payments when due, or if we have reasonable cause to believe that your Equipment is being used for an unlawful purpose or in a way that may adversely affect our service, or if you provided inaccurate credit information or we believe your credit has deteriorated and you refuse to pay any requested advance payment or deposit. Any violation of this stipulation will result in the cancelation of the plan. All Gabb phones are exclusively sold on the Gabb Wireless network.
  
  You remain responsible for payment of all charges incurred under this Agreement through the date of termination. If you fail to perform your obligations you will reimburse us for all expenses, including attorney fees incurred in the enforcement of this Agreement, and we may keep any charges prepaid by you. These remedies are not exclusive and are in addition to all remedies provided by law. Any failure by us to strictly enforce this Agreement will not waive our right to require compliance with this Agreement.
  
  For any “Free” products (including holiday specials) not purchased with a one or two year monthly service contract, you agree to pay the full retail price for any free product if the Service is canceled within a six (6) month period after receiving the device, unless the product is returned in a new standard. The new standard is evaluated by the Gabb Wireless returns team (please see the returns and sales section for more details). Any activation fee paid is non-refundable.
Modifying Your Account: If you would like to make changes to your Service, please contact a Gabb Wireless Representative. Some changes may be subject to limitations and/or additional charges. We may modify this Agreement, including the Service charges or terms and conditions, upon advance notice at any time by posting the revised Agreement on the website. Any changes to the Terms are effective when we publish the revised Terms of Service. If you use our Services or make any payment to us on or after the effective date of the changes, you accept the changes. You must pay any additional charges from the date of the modification, even though you may have paid for the Service in advance. If we add a new service charge and you are in a one-year service contract or two-year service contract, we will give you the option to waive the new service fee for the duration of your initial term. If you are in a month-to-month service contract and do not agree to modification, you may terminate this agreement by giving us written notice. If we discontinue or you are not eligible for a rate plan, we may change you to a different rate plan upon notice. You may not modify the Agreement.
1. If you would like to upgrade your device and you’re currently on a contract, you may do so without an early termination fee if you’re within 30 days of your contract ending and sign a new contract with that new device. This transaction is subject to a $30 activation fee for the new device.

Coverage Limitations: Service is not always available in all places. Coverage maps are available at https://gabb.com/request-coverage and are subject to the additional limitations described there. There are gaps in coverage within the service areas shown on coverage maps, which, by their nature, are only approximations of actual coverage. You accept Gabb Wireless’s service with these limitations.

Equipment: A Gabb phone must be utilized on the Gabb Wireless network. Any SIM card provided by Gabb must only be used with only a Gabb device. Any violation of this will result in a canceled contract. Your Equipment must be compatible with-and not interfere with-our service, and must comply with all applicable laws, rules, and regulations. We may periodically program your Equipment remotely with system settings for roaming service and other features that cannot be changed manually. Equipment purchased for use on our network may not function on other networks.
1. You, the customer, acknowledge that except as required by law, you shall acquire no proprietary interest in the number (MDN) or SIM (Subscriber Identity Module) assigned by Gabb Wireless for its use. You acknowledge that any intellectual property or software in the SIM not provided by Gabb Wireless or You is the property of the supplier of services to Gabb Wireless, and such supplier may change or update the software or other data in the SIM card or the software in the Equipment over the air and utilize any capacity in the SIM card for administrative, network, business and/or commercial purposes.
2. The supplier of Services to Gabb Wireless shall have no liability whatsoever for Gabb Wireless’s losses, claims or damages for any cause whatsoever, including, any failure or disruption of Services provided hereunder, regardless of the form of action, whether in contract, tort or otherwise. You shall not be deemed a third-party beneficiary of any contract between Gabb Wireless and Gabb Wireless’s supplier.

Advance Payments and/or Deposits: We may require you to make deposits or advance payments for services, which we may offset against any unpaid balance on your account. Interest will not be paid on advance payments or deposits unless required by law. We may require additional advance payments or deposits if we determine that the initial payment was inadequate. Any charges you incur in excess of your limit become immediately due. If you have more than one account with us, you must keep all accounts in good standing to maintain service. If one account is past due or over its limit, all accounts in your name are subject to interruption or termination and all other available collection remedies.

Billing and Payment of Charges:
1. You are responsible for paying all charges for or resulting from services provided under this Agreement. You will receive monthly bills via email that are due in full as shown thereon. Charges include, without limitation: airtime, recurring monthly service, activation (non-refundable), administrative, and late-payment charges; regulatory cost recovery and other surcharges; optional feature charges; toll, collect call and directory assistance charges; restoral and reactivation charges, any other charges or calls billed to your phone number; and applicable taxes and governmental fees, whether assessed directly upon you or upon Gabb Wireless. To determine your primary place of use (“PPU”) and which jurisdiction’s taxes and assessments to collect, you are required to provide us with your residential or business street address. You agree we may add our own processing fee for any third-party charges. Any taxes, costs, or charges imposed on us as a result of providing the Service or the Unit will be added to your charges.
  1. RCR- Regulatory Cost Recovery Fee is a service charge imposed on Gabb services to recover Gabb’s carrier fees and other fees related to providing wireless services.
2. You agree to pay for incoming and outgoing calls, text and data services sent to and from your Equipment. AIRTIME AND OTHER MEASURED USAGE (“CHARGEABLE TIME”) ARE BILLED IN FULL-MINUTE INCREMENTS, AND ACTUAL AIRTIME AND USAGE ARE ROUNDED UP TO THE NEXT FULL MINUTE INCREMENT AT THE END OF EACH CALL FOR BILLING PURPOSES. GABB WIRELESS CHARGES A FULL MINUTE OF AIRTIME USAGE FOR EVERY FRACTION OF THE LAST MINUTE OF AIRTIME USED ON EACH WIRELESS CALL TEXT MESSAGES ARE CHARGED AS ONE UNIT INCOMING AND OUTGOING CHARACTERS ARE LIMITED TO 160 PER MESSAGE. YOU ARE CHARGED FOR EACH MESSAGE DELIVERED IN MULTIPLE PARTS. DATA TRANSPORT IS BILLED IN FULL-KILOBYTE INCREMENTS, AND ACTUAL TRANSPORT IS ROUNDED UP TO THE NEXT FULL-KILOBYTE INCREMENT AT THE END OF EACH DATA SESSION FOR BILLING PURPOSES. GABB WIRELESS CHARGES A FULL KILOBYTE OF DATA TRANSPORT FOR EVERY FRACTION OF THE LAST KILOBYTE OF DATA TRANSPORT USED ON EACH DATA SESSION. NETWORK OVERHEAD, SOFTWARE UPDATE REQUESTS, AND RE-SEND REQUESTS CAUSED BY NETWORK ERRORS CAN INCREASE MEASURED KILOBYTES. If you select a rate plan that includes a predetermined allotment of Services (for example, a predetermined amount of airtime, megabytes or text messages), unless otherwise specifically provided as a part of such rate plan, any unused allotment of services from one billing cycle will not carry over to any other billing cycle. We may bill you in a format as we determine from time to time. Additional charges may apply for additional copies of your bill, or for detailed information about your usage of Services. Chargeable Time begins for outgoing calls when you press SEND (or similar key) and for incoming calls when a signal connection from the caller is established with our facilities. Chargeable Time ends after you press END (or similar key), but not until your wireless telephone’s signal of call disconnect is received by our facilities and the call disconnect signal has been confirmed. All outgoing calls for which we receive answer supervision, or which have at least 30 seconds of Chargeable Time, including ring time, shall incur a minimum of one- minute airtime charge. Answer supervision is received generally when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. Chargeable Time may include time for us to recognize that only one party has disconnected from the call, time to clear the channels in use, and ring time. Chargeable Time may also occur from other uses of our facilities, including by way of example, voice mail deposits and retrievals, and call transfers. If your wireless phone or other device (“Equipment”) is lost or stolen, you will be responsible for all charges incurred on your phone number until you terminate service with us. After you terminate service, you remain responsible for complying with your other obligations under this Agreement, including, but not limited to, payment of your pro-rated monthly service fee. We may require payment by money order, cashier’s check or a similarly secure form of payment at our discretion. Gabb Wireless has established usage thresholds under the our Fair Use Policy (“Fair Use Policy”). Under this policy, Gabb Wireless has reviewed the monthly usage by service plan and established usage thresholds of 1500 minutes for voice, 5000 texts, and 500MB of data per month, under this Fair Use Policy which far exceed the average usage under each service plan. If your usage exceeds the monthly usage thresholds established in this Fair Use Policy, it will be considered a violation of this Fair Use Policy and subject to overage charges and/or cancelation of services. Further, we have the right, in our sole discretion, to throttle data usage once it exceeds the limits established in our Fair Use Policy, the throttled data may affect your ability to send and received mms messages, and other services including calls.
3. Recurring monthly fees and non-recurring Service charges will be billed as soon as possible. Billing cycle end dates may change from time to time. If you have authorized charges to a credit card, no additional notice or consent will be required before billings to that credit card. Gabb Wireless is hereby authorized to charge the provided credit card for any charges or expenses incurred pursuant to this agreement, including monthly service through autopay and late charges. Payments of all charges, including disputed charges, must be received by the due date shown on the invoice. Disputes of charges must be in writing and received no later than the due date to: Gabb Wireless 4101 N. Thanksgiving Way, Suite #300, Lehi UT 84043, United States or in writing to www.gabb.com. We will make good-faith efforts to resolve disputes promptly, please email us at billing@gabb.com. You agree that (1) time is of the essence for all your payments; (2) it would be impractical to fix the amount of our damages if you fail to pay promptly; (3) if you do not pay all charges by the due date, unless prohibited by law, you shall pay us a minimum late fee of Ten Dollars ($10) per month of any balance due, payable for every month such amount remains unpaid; and (4) if your account is sent to a collection agency due to an unpaid balance, unless prohibited by law, you shall be assessed an additional twenty-five ($25) collection fee. Acceptance of late or partial payments (even if marked “Paid in Full”) will not waive our rights thereunder. We will assess a Twenty- Five Dollar ($25) fee for any check returned for insufficient funds or credit/debit card chargeback for a transaction that you had authorized. Any remaining funds in excess of twenty-five Dollars ($25) will be returned to you at your last-known address within ninety (90) days after termination. If the postal service returns the funds to us as undeliverable, they will become our property.
  1. Gabb Guard
    Gabb Guard is a filtration service that helps protect your Gabb device from receiving unwanted spam, telemarketing, or other solicitations through calls and SMS (including filtering innuendoes and inappropriate language from a non-contact). Gabb Guard service fees are $0.99 cents per month on eligible devices.
  2. Gabb Music
    Gabb Music is a streaming over WiFi subscription with a library of millions curated and clean songs from every genre. All users can customize and fill their own playlists with their favorite songs and artists. When you opt-in to Gabb Music you will have a recurring monthly charge of $4.99 until you opt-out. You can manage your subscriptions by login to MyAccount. Your Gabb Music subscription is valid for one (1) month of service. No proration will be available for these subscriptions if you were to cancel.
  3. Gabb Cloud Data & Permissions
    Your Gabb Cloud subscription is part of your monthly service fee. When you use the Gabb Cloud Service, you provide Gabb and its service providers with data like your contacts, photos and so on (“Customer Data”). Customer Data belongs to you. These Terms do not give Gabb any rights to the Customer Data except for the limited rights that enable us to offer the Services. We need your permission to do things like host the Customer Data, back it up, and share it when you direct us to do so. You give us permission to perform these services, and this permission extends to our affiliates and trusted third parties we work with. If you terminate the Services, your Customer Data will be available for ninety (90) days.
    
    Gabb Cloud Services “AS IS”
    There are certain things that we cannot guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, GABB AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE GABB CLOUD SERVICE. THE GABB CLOUD SERVICE IS PROVIDED “AS IS.” GABB ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
    
    Copyright
    We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported. Our designated agent for notice of alleged copyright infringement on the Gabb Cloud Service is:
    
    Copyright Agent
    Legal Department
    Gabb Wireless, Inc.
    4101 N Thanksgiving Way, Suite 300
    Lehi, UT 84043
    legal@gabb.com

Service Limitations; Limitation of Liability: Service may be interrupted, delayed or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications, and repairs, and problems with the facilities of interconnecting carriers. We may block access to certain categories of numbers (e.g. 976, 900 and international destinations) or certain websites in our sole discretion. We may, but do not have the obligation to, refuse to transmit any information through the Service and may screen and delete information prior to delivery of that information to you. There are gaps in service within the service areas shown on coverage maps, which, by their nature, are only approximations of actual coverage. WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE. WE CANNOT ASSURE YOU THAT IF YOU PLACE A 911 CALL YOU WILL BE FOUND. Airtime and other service charges apply to all calls, including involuntarily terminated calls. GABB WIRELESS MAKES NO WARRANTY- EXPRESS OR IMPLIED -OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR GOODS, AND IN NO EVENT SHALL GABB WIRELESS BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any: (a) act or omission of a third party; (b) mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the service provided by or through us; (c) damage or injury caused by the use of service or Equipment, including use in a vehicle; (d) claim against you by third parties: (e) damage or injury caused by a suspension or termination of service by Gabb Wireless; or (f) damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. WE ARE NOT THE MANUFACTURER OF THE UNIT OR PROVIDER OF THE SERVICE AND ANY STATEMENT REGARDING THEM SHOULD NOT BE INTERPRETED AS A WARRANTY. Notwithstanding the foregoing, if your service is interrupted for 24 or more continuous hours by a cause within our control, we will issue you, upon request, a credit equal to a pro-rata adjustment of the monthly service fee for the time period your service was unavailable, not to exceed the monthly service fee. Our liability to you for service failures is limited solely to the credit set forth above. Unless applicable law precludes parties from clauses. Gabb Wireless shall not be liable for any indirect, special, punitive, incidental, or consequential losses or damages you or any third party may suffer by use of, or inability to use, service or Equipment provided by or through Gabb Wireless; including loss of business or goodwill, revenue or profits, or claims of personal injuries. To the full extent allowed by law, you hereby release, indemnify, and hold Gabb Wireless and its officers, directors, employees, and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, service provided by Gabb Wireless or any person’s use thereof (including, but not limited to, vehicular damage and personal injury), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF GABB WIRELESS, or any violation by you of this Agreement. This obligation shall survive termination of your service with Gabb Wireless. Gabb Wireless is not liable to you for changes in operation, equipment, or technology that cause your Equipment or software to be rendered obsolete or require modification. SOME STATES, INCLUDING THE STATE OF KANSAS, DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

Account:
1. Access. You authorize us to provide information about, and to make changes to, your account; including adding new service, upon the direction of any person able to provide information we deem sufficient to identify you, which include your four (4) digit security code, or the security questions you chose upon creating your account.
  1. Authorized User: In the case of a death of the principal account holder and/or the end user to cancel the service you will need to provide the following:
    1. Death Certificate
    2. Obituary
2. Content Rights and Gabb Messenger
  1. You acknowledge that all content that is accessible as part of or via the use of the Services (including audio and sound files, data files, images, music, photographs, videos and written text) (“Content”) is the sole responsibility of the originator of such Content. Such Content may include content in the form of advertisements or other sponsored Content.
  2. You acknowledge and agree that the Content may be protected by proprietary or intellectual property rights of third parties. You must not modify, rent, lease, loan, sell, distribute, or create derivative works based on any Content (either in whole or in part).
  3. Gabb may (but is not obligated to) pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Services, including text messages. When you use Gabb Messenger, we may also flag certain Content screened as inappropriate for your review. Additionally, we may collect, as part your use of the Gabb Messenger services, data related to messages that are flagged or screened as inappropriate and you consent to this data collection. If you wish to opt out of this data collection, you may do so by contacting customer support.
  4. You acknowledge that you use the Services understanding the risk that you may find some Content to be offensive, indecent, or objectionable. You also acknowledge that Gabb Wireless may not filter all content that you may find objectionable, indecent, or offensive.
  5. You acknowledge and agree that we may, from time to time, push updates to your phone to improve the services, fix errors or bugs, and add additional functionality to the device. You understand that as part of these updates, you may be required to restart your phone with a factory reset, and/or lose stored data on the phone including contacts, messages, and photos. You understand and agree that Gabb Wireless shall have no liability for any loss of data or Customer Data as a result of these changes and that any and all changes contemplated herein that may result in a loss of data or Customer Data is subject to our Limitation of Liability as detailed above in Section 7.
Availability: Service is available to your Unit only when the Unit is within the operating range of our cellular systems as described above in Section 3. Service may be subject to transmission limitations beyond the systems control and may be temporarily interrupted.

The Number: You have no ownership rights to the Number. We may change your Number assignment by giving you notice of the change. You may not assign the Number or the Unit’s Electronic Serial Number (“ESN”) to any other Unit. You may not program any other Number into the Unit. These acts are considered fraud and will result in immediate termination.

Return Policy: 100% Satisfaction money back guarantee is void after 15 days from time of your order delivery, or 45 minutes of talk time use collectively incoming and outgoing, or 45 text messages collectively incoming and outgoing, or 45 MB of data; whichever comes first. If a return is processed in accordance with prior to the aforementioned day/talk time/text/data limitations, the following monies will be refunded: prorated monthly service fee, cost of handset excluding a $50 restocking fee for opened and/or used devices. The cost of any additional services and opened/used accessories for the device are not refundable.

Privacy:
1. Cellular telephones use radio channels to transmit voice and data. Although laws prohibit listening in on cellular calls, your privacy cannot be guaranteed.
2. You consent to our use of automated telephone equipment to contact your landline or cellular telephone for any business purpose.
3. You agree that by using Gabb Wireless’s services you agree with the terms of Gabb Wireless’s Privacy Policy as set forth on our Gabb Wireless’s website found here: https://gabb.com/privacy-policy. You also understand that Gabb Wireless’s Privacy Policy may be changed from time to time and at Gabb’s discretion.

Notices: Written notices to you shall be effective on the date deposited in the U.S. mail addressed to your address of record. Written notice to us shall be effective when directed to our Customer Service Department and received at our address of record. Your notice to us must specify your phone number. Oral notices shall be effective on the date reflected in our customer service system.

Credit Reporting Authorization: You authorize Gabb Wireless to: (a) disclose your account information, including your payment history and confidential information, to credit reporting agencies or private credit reporting associations, and (b) periodically obtain and use your credit report and other credit information from any source in connection with Gabb Wireless’s offering of wireless and other services from time to time to determine your credit worthiness and to report your payment performance. You understand that if you fail to fulfill the terms of your credit obligations under this Agreement, Gabb Wireless may report your failure to a credit reporting agency.

Separability: YIf any part of this Agreement is found invalid, the balance of the Agreement remains enforceable.

Authority: You acknowledge that you are of legal age, have received a copy of this Agreement, and have read and clearly understand its terms.

Miscellaneous: This Agreement, the rate summary sheet, the terms included in the rate brochure(s) describing your plan and services, terms of service for products and services not otherwise described herein that are posted on applicable Gabb Wireless websites, and any documents expressly referred to herein or therein, make up the complete agreement between you and Gabb Wireless, and supersede any and all prior agreements and understandings relating to the subject matter of this Agreement. If any provision of this Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void. Gabb Wireless may assign this Agreement, but you may not assign this Agreement without our prior written consent. The law of the state of New York shall govern this Agreement except to the extent that such law is preempted by or inconsistent with applicable federal law. Your caller identification information (such as your name and phone number) may be displayed on the equipment or bill of the person receiving your call; technical limitations may, in some circumstances, prevent you from blocking the transmission of caller identification information. You consent to the use by us or our authorized agents of regular mail, predictive or autodialing equipment, email, text messaging, facsimile or other reasonable means to contact you to advise you about our services or other matters we believe may be of interest to you. In any event, we reserve the right to contact you by any means regarding customer service-related notifications, or other such information.

Gabb Wireless will use text messaging to keep in touch with you for things like:
- Welcome Notice
- Balance Alerts
- Activation Status
- Product Offers
When you sign up for Gabb Wireless services you are asked to OPT IN to receive these messages. These messages are free. You can also choose to not receive these messages

If you choose to opt in for these messages, message frequency will be based on plan usage. We will alert you when you are reaching certain plan thresholds

STOP receiving Gabb Wireless Usage Alerts. Text STOP to 2561 to any message received to discontinue receiving that message.

To receive help dial 611 on your phone, or you can also email us at support@gabb.com, The Usage Alert campaign is supported on a nationwide network.

Gabb Wireless, Inc. HQ
4101 N. Thanksgiving Way
Lehi UT 84043, United States
gabb.com