Terms of Service

Spry Wireless Communications Inc. d/b/a SpryFi ("SpryFi," "We," "Our") provides wireless internet access service (the "Service") to individual customers ("You," "Customer," "Subscriber") in select regions within the continental United States. The Service is provided through third-party networks (each a "Network Provider") and may be subject to changes in coverage, performance, and reasonable network management by the Network Provider.

As detailed further in these Terms of Service, the Service is for PERSONAL AND PRIVATE USE ONLY. Normal use by members of the Customer's household and their invited guests is permitted. "Unauthorized Extended Users" means people outside the service household receiving resold, publicly offered, or redistributed Service, including through a public or commercial hotspot or across multiple households without SpryFi's written approval. Documented violations may result in suspension or termination after reasonable notice when circumstances permit.

You are being provided internet access via the Service. You are not being provided with any applications (such as Internet telephone or cable TV) that might be provided with internet service providers by other vendors. We are not involved in the creation or the provisioning of the Service. The Network Provider provides the Service over its wireless network, using cell sites and frequencies licensed by the FCC. The Service is not available in all locations and you will only be able to access the Service within the operating range of the Network Provider's network, which may change from time to time in the sole discretion of the Network Provider. The Service may be disrupted or unavailable from time to time due to maintenance, emergencies, inclement weather or other factors outside of our control, or any of our partners' control. The Service and the related equipment needed to use the Service ("Equipment") may not function in the event of a power failure or disruption, and you may be required to reset or reconfigure your modem or other hardware to use the Service thereafter. We and our partners assume no liability with regard to any failure or lack of performance of the Service.

Use of the Service is subject to (1) SpryFi's Terms of Service contained herein, (2) Network Provider's then-current (i) acceptable use policy (the "Network Provider AUP") and incorporated herein by reference; and (ii) end user terms and conditions (the "Network Provider's T&C").

The current SpryFi Terms of Service are available at https://spryfi.net/legal/terms. Current Network Provider acceptable-use and end-user terms are available from the Network Provider or by request from SpryFi support. SpryFi may update these Terms as described below, but an update will not increase the recurring monthly Service price accepted for an active plan. Continued use of the Service after the effective date of other properly noticed changes constitutes acceptance of the revised terms.

SPRYFI HOME INCLUDES UNLIMITED DATA FOR ORDINARY HOUSEHOLD USE WITH NO DATA-OVERAGE CHARGE. PERFORMANCE MAY VARY WITH SIGNAL CONDITIONS, CAPACITY, CONGESTION, EQUIPMENT, AND REASONABLE NETWORK MANAGEMENT BY THE NETWORK PROVIDER.

No Resale or Public Redistribution: The Service and associated Equipment are intended for the Customer's household, including household members and invited guests. The Service may not be resold, offered as a public or commercial hotspot, or redistributed across multiple households without SpryFi's written approval. A documented violation may result in suspension or termination after reasonable notice when circumstances permit.

You may cancel your subscription at any time by calling SpryFi at (512) 729-7797 or emailing support@sprywireless.com. SpryFi will send written confirmation to the email address on file. No cancellation fee or early termination fee applies. SpryFi may require reasonable identity verification to protect your account.

THE SERVICE AND EQUIPMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPRYFI, ITS AFFILIATES, AND ITS NETWORK PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

SPRYFI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SPRYFI DOES NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE AND EQUIPMENT IS AT YOUR SOLE RISK.

THIS DISCLAIMER OF WARRANTIES DOES NOT APPLY TO ANY EXPRESS WRITTEN WARRANTIES THAT MAY COME PACKAGED WITH THE EQUIPMENT ITSELF FROM THE ORIGINAL MANUFACTURER.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPRYFI, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, NETWORK PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SPRYFI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH:

THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SPRYFI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING IN CASES OF ORDINARY NEGLIGENCE, BUT SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW IN CASES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

YOUR USE OR INABILITY TO USE THE SERVICE OR EQUIPMENT;

ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE;

ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; OR

ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.

IN NO EVENT SHALL SPRYFI'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED THE TOTAL AMOUNT PAID BY YOU TO SPRYFI FOR THE SERVICE DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, SPRYFI'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

You agree to defend, indemnify, and hold harmless SpryFi, its affiliates, parent companies, subsidiaries, and their respective officers, directors, employees, agents, Network Providers, and suppliers (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) that such Indemnified Parties may incur as a result of or arising from:

Your use of the Service or Equipment;

Your violation of any provision of these Terms of Service, including but not limited to the Acceptable Use Policy or the prohibition on commercial use/Unauthorized Extended Users;

Your violation of any applicable law, rule, or regulation;

Your violation of any rights of any third party, including intellectual property rights or privacy rights; or

Any claim that your use of the Service caused damage to a third party.

SpryFi reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SpryFi in asserting any available defenses.

If SpryFi separately offers an equipment-protection option, it applies only when the Customer affirmatively selects it after reviewing its price and terms. Warranty failures are handled through SpryFi support and any applicable manufacturer or Network Provider warranty.

When a replacement is issued, the defective router must be returned within 14 days (the Grace Period) using the prepaid shipping label. A replacement does not create a second monthly equipment subscription. If the original router is lost or not returned within 30 days, SpryFi may assess the $549 retail non-return charge after written notice. Damage or missing-accessory charges, if any, will be separately disclosed before charge.

By accepting a replacement modem, you agree to these terms and commit to returning the original device on time.

Your first month of Service is charged at checkout. Standard activation, included Equipment, the SIM kit, standard setup or installation, and standard delivery are each $0. Applicable taxes are calculated and shown separately before payment. The first service month begins only when SpryFi verifies that Service is active or in-service, and the first recurring monthly charge is due one calendar month after that verified activation. Any optional add-on selected by the Customer will be separately itemized before payment. Recurring Service charges are billed monthly in advance using the single payment method the Customer provides through Stripe. You may update that payment method by calling (512) 729-7797 or emailing support@sprywireless.com.

If your subscription payment is not collected on its due date, your service may be disconnected until SpryFi successfully collects payment. To update the payment method, pay an outstanding balance, or request reactivation, call (512) 729-7797 or email support@sprywireless.com. If SpryFi is unable to collect payment on the invoice due date, SpryFi may make reasonable retry attempts using the single payment method on file.

After reasonable notice, SpryFi may refer a valid unpaid balance to a third-party collection agency as permitted by law. Personal data shared with the agency will be limited to what is reasonably necessary for debt recovery. The balance may include disclosed monthly Service charges, applicable taxes, the $549 router non-return charge after written notice, and separately disclosed damage or loss charges authorized by these Terms. SpryFi will not add an undisclosed collection fee.

If a bank or payment provider opens a chargeback for an authorized SpryFi charge, SpryFi may temporarily suspend the affected Service while the dispute is investigated after notice when reasonably practicable.

SpryFi may provide only information reasonably necessary to respond to the dispute, such as order details, payment authorization records, shipping or tracking information, and relevant Customer communications. See Section 12.2.

A valid unpaid balance may be referred to a third-party collection agency only after reasonable notice and as permitted by law. SpryFi may limit future purchases while a valid chargeback or unpaid balance remains unresolved.

The recurring monthly Service price accepted at checkout, including any valid promotional price, will not increase while the Customer keeps the same plan active. This price promise applies to the monthly Service price and the $0 monthly router rental fee. Applicable taxes and separately disclosed optional, replacement, damage, loss, non-return, nonpayment, or other incident charges are outside the locked monthly Service price. SpryFi will show applicable taxes before payment and disclose any other authorized charge and its basis before charging it.

SpryFi offers a Referral Program allowing users to refer friends, family, or others to purchase or subscribe to SpryFi services. For each verified referral, users may be eligible to receive a Referral Credit, redeemable for SpryFi services.

Referral Credits have no cash value and cannot be redeemed for cash.

All credits are subject to verification and approval by SpryFi.

SpryFi retains sole discretion in determining eligibility and the amount of any Referral Credit.

The Referral Program may be modified, updated, or discontinued at any time.

If you have a complaint or concern about the Service, please reach out to us at support@sprywireless.com so we can work toward a resolution. SpryFi is committed to addressing disputes promptly and transparently. This process governs dispute resolution and ensures that all efforts are made to resolve issues amicably.

If further resolution is required, both parties agree that any disputes will be handled in accordance with the procedures outlined in these Terms of Service.

We do not own, operate, maintain, or control the Service, and do not engage in network congestion management practices. The Network Provider uses network congestion management practices that may interfere with the speed or the availability of your Service. You should review the Network Provider's disclosures for the network congestion management practices that may affect your use of the Service, including descriptions of congestion management practices; types of traffic subject to practices; purposes served by practices; practices' effects on end-users' experience; criteria used in practices, such as indicators of congestion that trigger a practice, and the typical frequency of congestion; usage limits and the consequences of exceeding them; and references to engineering standards, where appropriate.

Speed rates, which describes the rate at which data is transmitted on the network, depend upon the cellular service coverage and equipment capabilities. The maximum speed for the service is stated under optimal conditions and may vary significantly. Plans may also have speed limits imposed by the Network Provider. SpryFi does not offer, disclose, or guarantee minimum speeds. All subscription plans are provided on an AS IS basis and throughput speeds are not guaranteed.

Availability of service may vary and the speed of data may be reduced by things such as: data usage; proximity to and availability of service from your local tower; the number of users using the network; and overall traffic or congestion in the area. Speeds and service could be disrupted or become unavailable from time to time due to maintenance, modifications, or repairs of the Network Provider's infrastructure; emergencies; inclement weather or environmental changes; power outages; and other factors outside of our control or any of our Partner's control.

SpryFi Home includes unlimited data for ordinary household use with no data-overage charge. Ordinary household streaming, browsing, video calls, remote work, learning, gaming, and connected-device use are allowed.

Unlimited data does not guarantee a particular speed or uninterrupted availability. Performance may vary with location, signal conditions, capacity, congestion, equipment, weather, the internet destination, and reasonable network management by the Network Provider. Those performance factors do not change the Customer's locked recurring monthly Service price.

Customers may not resell the Service, operate public or commercial guest Wi-Fi without written approval, use the Service for unlawful or malicious activity, interfere with network security, or use automated or server activity that materially disrupts the network or other users.

We do not own, operate, maintain, or control the Service, and do not engage in the blocking or rate-control of specific protocols or protocol ports, nor do we modify any protocol fields or inhibit or favor any applications or classes of applications. The Network Provider may engage in one or more of those activities. You should review the Network Provider's disclosures for application-specific practices by the Network Provider that may affect your use of the Service.

Technical Support is offered on all SpryFi devices and subscriptions. Support may include shipping a replacement device. All Shipped Replacement devices will include a pre-prepaid shipping label for the return of the non-working unit, if applicable.

Our technical support staff is not trained to, has no obligation to and will not assist you in installing and/or troubleshooting third-party modems, network cards, routers, complex network configurations or telephone lines, nor will they provide any technical assistance or support for any third-party Software. SpryFi is not responsible for connection problems due to a computer that is infected with viruses, spyware or malware. It is the member's responsibility to initiate and be available for technical support during SpryFi's hours of operation. If a member wishes to utilize SpryFi's technical support, the member must be available to help troubleshoot the connection or computer setup. SpryFi does not provide on-site technical support. Customers should understand and agree that any technician or other person dispatched to troubleshoot equipment that is not an employee or agent of SpryFi and SpryFi is not liable for any damages, costs or expenses relating to or arising from any acts, errors or omissions by any such technician or other person.

Although rare, all cellular networks occasionally have localized tower outages which result in service disruptions. In the event this happens, downtime credit will be issued for all downtime experienced, if applicable. Credit will be issued from the first point of contact about a technical issue affecting the account. During this time, Customer dues are still owed, and credits will be applied once the issue is resolved. You must contact SpryFi for any and all downtime credit requests.

Please be aware that all photos of any products sold on SpryFi are for illustrative purposes only. Although we use reasonable efforts to ensure that our products are almost entirely similar to the photos offered on our Website, it is possible that some photos shown on our Website may not be entirely representative of the actual product in appearance. You may receive a used and/or refurbished SpryFi modem. We quality check, test and verify each modem that is shipped. The quality of your modem will be equivalent to a brand new modem. All modems are the property of SpryFi.

The equipment used to access our service must be the original equipment provided by us to be used during the duration of your account with SpryFi for personal use only. We will pass through or otherwise provide the warranties and technical support offered by the manufacturer and/or the Network Provider (if any).

We do not own, operate, maintain or control the Service and do not have network management practices that entail the inspection of network traffic. We do not store personally-identifiable traffic information, we do not provide personally-identifiable traffic information to third parties, or use that information for non-network management purposes. The Network Provider uses or may use network management practices that entail the inspection of network traffic; storage of network traffic data; and use of network traffic data for non-network management purposes, including disclosure of such traffic data to third parties. The current Network Provider discusses these matters generally in its "Open Internet Information", which refers to the Network Provider's generally-applicable privacy policies that may be viewed online at their site.

We do not own, operate, maintain, or control the Service, and do not take any measures to assure the security of your use of the Service or the security of the network. The Network Provider may take action to guard your security in the use of the network and to safeguard the network. Please refer to the Network Provider's open internet disclosures for additional information.

Standard self-installation and setup are included at $0. SpryFi does not include on-site professional installation in the standard offer. If a Customer chooses a third-party technician, that is a separate arrangement between the Customer and the technician. Alarm systems, special configurations, special applications, or optional SpryFi-provided professional services may require additional equipment or charges, which must be clearly disclosed before the Customer authorizes them.

SpryFi Home is a shared-network, fixed-wireless service for ordinary household use. It is not a dedicated circuit and does not guarantee a minimum speed, uninterrupted availability, or suitability for safety-critical services. SpryFi and the Network Provider may use reasonable network management to protect customers, address congestion or security threats, comply with law, and preserve network integrity. Ordinary household streaming and other normal home internet activity are permitted and are not, by themselves, abuse.

SpryFi will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, pandemics, epidemics, public health emergencies, war, terrorism, network outages, power failures, or an inability to obtain necessary equipment or subscription plans. In the event of a force majeure event, SpryFi's obligations under these Terms of Service shall be suspended for the duration of the event.

SpryFi may terminate this Agreement or Service for a documented material breach, unlawful activity, nonpayment, fraud or theft, threats or abuse directed at staff, tampering with SpryFi Equipment, material network abuse, unauthorized resale or redistribution, or when Service cannot continue because of law or the underlying Network Provider. SpryFi will provide reasonable notice and an explanation when circumstances and applicable law permit. SpryFi may suspend immediately when reasonably necessary to protect customers, staff, Equipment, or network integrity and will provide notice as soon as reasonably practicable. The Customer remains responsible for authorized amounts incurred before termination and must return SpryFi Equipment. Any refund due will be handled under the Refund & Cancellation Policy and applicable law.

The underlying Network Provider may require Service to be suspended or ended because of law or court order, a documented material violation of its applicable acceptable-use rules, security or network abuse, or discontinuation of the underlying service. SpryFi will provide reasonable notice and an explanation when the Network Provider, circumstances, and applicable law permit. The Customer remains responsible only for authorized amounts accrued before the effective suspension or termination and must return SpryFi Equipment as required by these Terms.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND SPRYFI HAVE AGAINST EACH OTHER ARE RESOLVED.

The parties hereto shall initially attempt to resolve all claims, disputes or controversies arising under, out of or in connection with these Terms of Service by conducting good faith negotiations amongst themselves. If the parties hereto are unable to resolve the matter following good faith negotiations, the matter shall thereafter be resolved by binding arbitration and each party hereto hereby waives any right it may otherwise have to the resolution of such matter by any means other than binding arbitration pursuant to this Section. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SPRYFI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Whenever a party shall decide to institute arbitration proceedings, it shall provide written notice to that effect to the other parties hereto. The party giving such notice shall, however, refrain from instituting the arbitration proceedings for a period of sixty (60) days following such notice. During this period, the parties shall make good faith efforts to amicably resolve the claim, dispute or controversy without arbitration.

Any arbitration hereunder shall be conducted in the English language under the commercial arbitration rules of the American Arbitration Association. Any such arbitration shall be conducted in San Antonio, Texas by a panel of three arbitrators: one arbitrator shall be appointed by each party; and the third shall be appointed by the American Arbitration Association. The panel of arbitrators shall have the authority to grant specific performance. Judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.

In no event shall a demand for arbitration be made after the date when institution of a legal or equitable proceeding based on the claim, dispute or controversy in question would be barred under this Agreement or by the applicable statute of limitations. The prevailing party in any arbitration in accordance with this Section shall be entitled to recover from the other party, in addition to any other remedies specified in the award, all reasonable costs, attorneys' fees and other expenses incurred by such prevailing party to arbitrate the claim, dispute or controversy.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.

YOU AND SPRYFI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.

Further, unless both you and SpryFi agree otherwise in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Severability: If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.

Entire Agreement: These Terms of Service, together with the Acceptable Use Policy and any other documents incorporated by reference, constitute the entire agreement between you and SpryFi regarding the Service and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

Governing Law: These Terms of Service and the relationship between you and SpryFi shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.

Waiver: The failure of SpryFi to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.