Welcome to Sidephone Mobile. These Terms & Conditions (“Terms”) explain how Sidephone Mobile subscriptions work, including eligibility, service features, billing, cancellation, refunds, and your rights and responsibilities.

Please read these Terms before subscribing. By enrolling in Sidephone Mobile and accepting these Terms, you agree to the conditions described below.

1. About Sidephone Mobile

Sidephone Mobile is offered by Side Technologies USA Inc. (“Sidephone,” “we,” “us,” or “our”), located at 699 Upper Court Street, Binghamton, NY 13904, United States.

Sidephone Mobile provides access to U.S. cellular plans through Gigs, our connectivity and subscription billing partner, and its underlying mobile network providers.

Sidephone is responsible for the Sidephone Mobile-branded enrollment experience, customer support, and the specific customer commitments described in these Terms. Gigs provides and administers the underlying cellular connectivity services, including subscription billing, through its network partners.

Sidephone Mobile is a separate, optional service. You do not need to subscribe to Sidephone Mobile to purchase or use a Sidephone device. Likewise, you do not need to own a Sidephone device to subscribe to Sidephone Mobile.

These Terms apply only to Sidephone Mobile subscriptions. Purchases of Sidephone hardware are governed by the applicable Sidephone Store Terms, warranty, and return policies.

2. Your Agreements with Sidephone and Gigs

Your Sidephone Mobile subscription involves two separate agreements:

1. These Sidephone Mobile Terms & Conditions, which you accept during Sidephone Mobile enrollment and which govern your relationship with Sidephone.

2. The Gigs End User Service Agreement, which you accept separately during the Gigs-powered activation process and which governs your relationship with Gigs for the underlying cellular service.

You can review the Gigs End User Service Agreement before activation. Applicable Gigs service-plan disclosures, acceptable-use requirements, and network-provider terms may also apply.

These Terms do not amend the separate agreement between you and Gigs. However, Sidephone independently commits to honoring the specific Sidephone Mobile customer benefits described here, including our cancellation, prorated-refund, and no-early-termination-fee policies, even where Gigs' general terms describe different default arrangements.

For questions about your Sidephone Mobile subscription, you can contact Sidephone Support using the details in Section 19.

3. Eligibility and Account Responsibilities

To subscribe to Sidephone Mobile, you must:

• Be at least 18 years old.

• Provide a valid U.S. service address.

• Satisfy applicable identity, payment, device, and activation requirements established by Gigs and its network partners.

• Provide accurate and current information during enrollment and throughout your subscription.

Adults may subscribe to Sidephone Mobile for devices used by family members, including minors. The adult subscriber remains the account holder and is responsible for the subscription and its use.

You are responsible for safeguarding your account credentials, SIM or eSIM information, and number-transfer credentials. Notify Sidephone Support promptly if you believe your account has been compromised or your device or SIM has been lost or stolen.

4. Devices, Compatibility, and Activation

Sidephone Mobile may be used with Sidephone devices and other eligible, unlocked, compatible mobile phones.

Not every unlocked phone is compatible with every network, SIM, eSIM, or service feature. Device compatibility depends on technical capabilities, network support, activation requirements, and applicable Gigs or carrier restrictions.

You are responsible for confirming that your device is eligible for your selected plan. Moving an active SIM or eSIM to another device may require additional approval or activation steps.

Service begins only after successful activation.

Your first monthly subscription payment is charged by Gigs when your cellular service is successfully activated, rather than merely when you complete enrollment.

If activation is unsuccessful, the first monthly subscription charge will not be collected. Separate one-time charges, if any, will be disclosed before purchase, along with any applicable refund conditions.

5. Available Plans and Service Coverage

Sidephone Mobile offers prepaid monthly cellular plans for use within the United States.

Each plan's price, included mobile data, messaging allowances, and other relevant features are described during enrollment. Please review these details before subscribing.

Sidephone Mobile is intended for domestic U.S. use and does not support international roaming. International calls and messages originating within the United States are also generally unavailable.

Coverage, signal strength, connection quality, data speeds, and service availability may vary by location, device, network conditions, congestion, and other factors.

Coverage information is an estimate and does not guarantee service at a particular address or location.

6. Voice Calling and Messaging

All Sidephone Mobile plans include:

• Unlimited standard domestic U.S. voice calls.

• Unlimited standard domestic U.S. SMS text messages.

These features are subject to applicable reasonable-use policies, technical limitations, network restrictions, and prohibited-use rules.

Domestic MMS messaging, including picture messages and certain group messages, may also be available. MMS allowances and restrictions depend on the selected plan and device compatibility.

Unlimited domestic calling and SMS do not include international calling, international messaging, premium-rate services, automated mass communications, or other services not expressly included in your plan.

Gigs and its network partners may apply reasonable network-management and acceptable-use restrictions.

7. Mobile Data Allowances and Add-Ons

Each Sidephone Mobile plan includes a specified monthly mobile data allowance.

When you use all the mobile data included in your plan, mobile data access stops until your allowance renews or additional data becomes available through an optional purchase.

Sidephone Mobile does not impose automatic data overage charges.

Optional data add-ons may be available for certain plans. If offered, their pricing, allowances, and conditions will be displayed before you choose to purchase them.

Your standard monthly data allowance renews with your plan's monthly billing cycle. Unused data does not automatically carry over to a future billing period unless your particular plan expressly provides otherwise.

Using all your mobile data does not, by itself, terminate your subscription or your included domestic voice and SMS service.

8. Pricing, Payments, and Automatic Renewal

Sidephone Mobile subscriptions are prepaid monthly plans that renew automatically.

By subscribing, you authorize Gigs, as the subscription billing party, to charge your selected payment method for the applicable monthly plan price and any disclosed recurring taxes or fees at each renewal, until the subscription is canceled.

Your subscription has no long-term commitment or minimum service term.

The applicable renewal date and recurring charges will be disclosed during enrollment or in your subscription information.

In addition to the advertised plan price, applicable taxes, regulatory fees, activation charges, and physical SIM or eSIM charges may apply. All applicable charges will be disclosed before purchase.

Gigs handles recurring subscription payments, payment-method processing, and associated refunds. Sidephone Support can assist with billing questions and coordinate their resolution through Gigs.

9. Plan Changes and Price Increases

You may request to switch between available Sidephone Mobile plans.

Plan changes take effect at your next monthly renewal, rather than immediately during your current prepaid service period.

Your existing plan and its allowances remain in effect until that renewal. The newly selected plan and its applicable price begin with the next billing cycle.

Plan changes do not ordinarily generate mid-cycle prorated charges or credits because the changes take effect at renewal.

If the recurring monthly price of your existing plan increases, we will provide at least 30 days' advance notice before the increase takes effect.

You may change plans or cancel your subscription before the increased price becomes effective. Any longer notice period or additional protections required by applicable law will continue to apply.

Changes in government-imposed taxes or regulatory fees may be handled separately where permitted by law, with applicable disclosures.

10. Cancellation and Prorated Refunds

You may cancel your Sidephone Mobile subscription at any time, without a long-term commitment or early termination penalty.

To cancel, contact Sidephone Support by:

• Emailing support@sidephone.com, or

• Submitting an online support request through Sidephone's support channels.

You do not need to speak with a live representative to submit a cancellation request.

Sidephone Support will coordinate the cancellation through Gigs.

Your cancellation takes effect when it is processed, rather than automatically at the end of your current monthly billing period. We will not require you to remain subscribed until the end of that period solely because you paid in advance.

When your cancellation is processed, you will receive a prorated refund for the unused portion of your current prepaid monthly service period.

Sidephone will coordinate this refund through Gigs, which processes subscription payments and refunds. Sidephone is responsible for ensuring that the refund commitment described in this section is honored.

Prorated refunds apply to unused prepaid recurring service charges. Separately disclosed one-time charges, such as activation or SIM fees, are not automatically prorated unless their stated terms or applicable law require a refund. Applicable taxes and fees will be refunded where required by law.

Refund processing times may vary depending on the payment method and financial institution.

Once your subscription is canceled, your cellular service and access to unused plan allowances will end. If you want to keep your existing telephone number, please read Section 11 before requesting cancellation.

Nothing in this section limits any additional cancellation or refund rights provided by applicable law.

11. Telephone Numbers and Number Transfers

When activating Sidephone Mobile, you may:

• Request a new eligible U.S. telephone number; or

• Transfer an eligible existing U.S. telephone number from another provider.

Number transfers are subject to eligibility, identity verification, technical feasibility, and the requirements of Gigs and the participating carriers.

Not every telephone number can be transferred, and transfer completion times may vary.

Transferring a number to Sidephone Mobile

If you are bringing your existing number to Sidephone Mobile, keep your previous cellular service active until the transfer is complete. Canceling your previous service too early could interfere with the transfer or cause you to lose the number.

You are responsible for providing accurate transfer information and authorizing the request.

Transferring a number away from Sidephone Mobile

If you wish to keep your number when leaving Sidephone Mobile, contact Sidephone Support to obtain or coordinate the required account and number-transfer credentials.

Keep your Sidephone Mobile subscription active until your new carrier completes the number transfer. Once the transfer is complete, contact Sidephone Support to confirm cancellation and arrange any applicable prorated refund.

A completed number transfer may cause the underlying cellular service to be deactivated. Do not assume that the transfer alone has completed all subscription cancellation and refund arrangements.

Neither Sidephone nor Gigs can guarantee that every number is portable or that every transfer will be completed within a particular timeframe.

12. Failed Payments, Suspension, and Termination

Gigs manages unsuccessful recurring payments, payment retries, notifications, grace periods, and any related service suspension or termination according to its applicable procedures.

If a renewal payment fails, you may be asked to update your payment information or resolve an outstanding balance.

Service may be interrupted, suspended, or terminated when payment cannot be collected, subject to applicable requirements.

We do not promise a specific grace period or payment-retry schedule unless one is expressly communicated for your subscription.

Service may also be limited, suspended, or terminated for fraud, misuse, violations of applicable service agreements, threats to network integrity, or other circumstances permitted by law.

If your service is interrupted or suspended, contact Sidephone Support for assistance. Restoration may depend on resolving the underlying issue with Gigs.

13. Emergency Calling and 911

Sidephone Mobile supports 911 emergency calling through the underlying carrier on activated, compatible devices where network conditions permit.

Emergency calling and location services are managed by Gigs and its carrier partners.

Although 911 service is supported, emergency calls may be affected by:

• Network outages, congestion, or unavailable coverage.

• Device compatibility or technical problems.

• Power failures or interrupted connectivity.

• Telephone-number transfers or activation changes.

• Limitations affecting emergency location identification or call routing.

Emergency calling availability and location accuracy cannot be guaranteed in every situation.

When placing an emergency call, provide the dispatcher with your location, telephone number, and the nature of the emergency whenever possible.

If Wi-Fi calling is available for your plan and device, additional emergency-calling restrictions and registered-address requirements may apply under the Gigs End User Service Agreement.

Please review Gigs' emergency-calling disclosures for more information.

14. Acceptable Use

Sidephone Mobile is intended for lawful personal and ordinary communications use, subject to the applicable plan and network requirements.

You must not use the service to:

• Engage in unlawful, fraudulent, threatening, or abusive activities.

• Send spam or unauthorized bulk communications.

• Interfere with network security, operation, or other subscribers' service.

• Circumvent technical restrictions or access controls.

• Engage in prohibited automated calling, messaging, or commercial network use.

• Otherwise violate the applicable Gigs Acceptable Use Policy or carrier requirements.

Unlimited calling and messaging are subject to reasonable-use restrictions. Gigs and its network partners may take appropriate action where usage threatens network performance, security, or compliance with applicable rules.

15. Network Availability and Service Limitations

Sidephone Mobile relies on telecommunications networks, infrastructure, systems, and services operated by Gigs and its network partners.

We strive to provide customers with a reliable enrollment and support experience, but cellular service may be unavailable or disrupted because of coverage limitations, maintenance, congestion, outages, equipment failures, weather, or other circumstances.

We do not guarantee uninterrupted connectivity, any particular data speed, or compatibility with every device or application.

Gigs and its network partners remain responsible for operating and managing the underlying connectivity services.

Nothing in these Terms limits Sidephone's express cancellation and refund commitments or rights that cannot lawfully be excluded.

16. Privacy and Personal Information

Sidephone and Gigs process certain personal information in connection with Sidephone Mobile subscriptions.

Sidephone may process enrollment details, contact information, support communications, and relevant subscription information to administer the branded service and assist customers.

Gigs and its providers process information necessary for cellular activation, network operations, telephone-number transfers, subscription payments, regulatory compliance, and related services.

The handling of your information is described in the applicable Sidephone U.S. Privacy Policy and Gigs Privacy Policy.

Certain telecommunications information, including customer proprietary network information, may be subject to additional protections and requirements under applicable law.

For privacy-related questions or requests concerning Sidephone, contact privacy@sidephone.com.

For information processed independently by Gigs, its privacy policy and applicable customer rights procedures also apply.

17. Changes to These Terms or the Service

We may update these Terms to reflect changes to our services, business operations, legal obligations, or customer policies.

When changes materially affect your rights or obligations, we will provide appropriate notice as required by law.

Any increase to your recurring monthly plan price remains subject to the minimum 30 days' advance notice described in Section 9.

Changes will apply prospectively, and the current version of these Terms will identify its last updated date.

Gigs may separately update its End User Service Agreement, network policies, or service offerings under its applicable terms and legal requirements.

18. Liability and Consumer Rights

Sidephone is responsible for the obligations it expressly undertakes in these Terms, including the cancellation and refund commitments in Section 10.

The underlying cellular service is provided through Gigs and its carrier partners. To the extent permitted by applicable law, Sidephone is not responsible for network interruptions, coverage limitations, emergency-calling failures, or other service conditions outside its reasonable control.

To the maximum extent permitted by law, Sidephone will not be liable for indirect, incidental, special, or consequential damages arising from your use of Sidephone Mobile, except where such limitations are prohibited.

Nothing in these Terms excludes liability that cannot legally be excluded, limits our express refund obligations, or restricts any non-waivable consumer protection rights.

The Gigs End User Service Agreement separately describes the rights, remedies, limitations, and dispute procedures applicable to your relationship with Gigs.

19. Customer Support and Contact Information

Sidephone Support is the primary point of contact for questions about your Sidephone Mobile subscription, including enrollment, activation assistance, billing inquiries, plan changes, cancellation, refunds, and number transfers.

Side Technologies USA Inc.

699 Upper Court Street
Binghamton, NY 13904
United States

Customer Support: support@sidephone.com

Privacy Inquiries: privacy@sidephone.com

You may also submit a request through Sidephone's online support channels.

Some issues require coordination with Gigs or the underlying carrier. Sidephone will assist with that coordination as appropriate.

20. General Legal Provisions

Governing Law. These Terms and disputes between you and Sidephone arising under them are governed by the laws of the State of Delaware, without regard to conflict-of-law principles, except where applicable consumer protection laws require otherwise. The separate Gigs End User Service Agreement governs applicable disputes between you and Gigs.

Severability. If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect to the extent permitted by law.

No Waiver. A failure by Sidephone to enforce a provision does not waive our right to enforce it later.

Assignment. You may not transfer your subscription or your rights under these Terms without any consent required by Sidephone and Gigs. Sidephone may transfer its rights and obligations as part of a lawful business reorganization, merger, acquisition, or similar transaction, subject to applicable law.

Entire Agreement. These Terms, together with the applicable Sidephone Mobile plan details and any expressly incorporated Sidephone policies, govern the relationship between you and Sidephone concerning Sidephone Mobile. They do not replace the separate Gigs End User Service Agreement.

Your Legal Rights. Nothing in these Terms limits rights or remedies that cannot be waived under applicable federal or state law.

By enrolling in Sidephone Mobile and accepting these Terms, you acknowledge that you have reviewed and agree to the conditions above.