MAJORITY PHONE PLAN BILLING TERMS

MAJORITY MOBILE PHONE PLAN SUBSCRIPTION BILLING TERMS

IMPORTANT – PLEASE READ CAREFULLY. THESE TERMS CONTAIN AN ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION.

 

1. General

Within the Majority mobile application (the “App”), you may elect to purchase and subscribe to a prepaid mobile phone plan service ("Mobile Phone Service") provided by Gigs Wireless, LLC and its affiliates ("Gigs"). 

These terms of service (the "Mobile Phone Plan Billing Terms") represent a binding legal agreement between you and Majority USA, LLC and its affiliates (" us" or " our" or "Majority") and govern the billing and administration of your recurring subscription to Gigs’ Mobile Phone Service. 

Your access to and use of the Mobile Phone Service is governed by the End User Service Agreement between you and Gigs (the "Gigs Terms").

By subscribing to the Mobile Phone Service, you expressly acknowledge and agree that:

• The Mobile Phone Service is provided by Gigs, not Majority.
• Majority acts as both Gigs' billing agent and customer service agent, meaning you will interface directly with Majority for all customer support needs. 

2. Subscription Billing & Payments.

If you elect to purchase Gigs’ Mobile Phone Service through the App, you agree that:

• The Mobile Phone Service is a pre-paid subscription-based service.
• Majority will collect payment from you on behalf of Gigs on a recurring basis (the "Mobile Phone Service Subscription") and remit payment to Gigs.
• Submitting your payment to Majority satisfies and discharges your payment obligation to Gigs for the Mobile Phone Service, to the extent of the amount paid by you, as if you had paid Gigs directly.
• Your subscription will automatically renew every 30 days, and you will be charged on the first day of each 30–day billing period (each, a "Renewal Date") unless canceled in accordance with these Terms subject to the pre-authorization hold referenced below.
• Within two (2) calendar days before each Renewal Date, Majority will place a pre-authorization hold on your Majority account for the amount of the upcoming subscription fee plus applicable taxes, fees, or surcharges. This hold is not an actual charge but ensures that sufficient funds are available for the subscription renewal. If sufficient funds are not available at the time of the pre-authorization, you may receive a notification, and your subscription may be at risk of cancellation. On the Renewal Date, the actual charge will be processed, and the held funds will be applied to the payment.
• By subscribing, you authorize Majority (as Gigs’ billing agent) to make the pre-authorization hold described above and to debit your Majority account held at Axiom Bank, N.A. (your “Majority Account”) at each Renewal Date for the then-current subscription fee plus applicable taxes, fees, or surcharges.
• The recurring charge may vary if you change your mobile plan or if Gigs updates its pricing following proper notice to you.

3. Subscription Cancellation Policy.

You may cancel your Mobile Phone Service subscription at any time except during the two (2) calendar days immediately before a Renewal Date (the "Freeze Period").

 If you cancel before the Freeze Period, your subscription will end at the end of the then current renewal period. If you attempt to cancel during the Freeze Period, your cancellation will not be processed, and you will be billed for the next renewal period at the Renewal Date. If you cancel your Majority Account, your Mobile Phone Service subscription will be automatically cancelled, and such cancellation will become effective at the end of the current renewal period.

 You will have sixty (60) days from the date in which the cancellation became effective to re-subscribe and retain your mobile number. After sixty (60) days, if you re-subscribe, you will be assigned a new mobile number by Gigs.

To cancel, contact us at support@majority.com or 1 (855) 553-3388 or use the App. 

4. Insufficient Funds & Service Termination.

If you do not have sufficient funds in your Majority Account on a Renewal Date, your Mobile Phone Service subscription will be automatically terminated. If your subscription is terminated due to insufficient funds, you will have sixty (60) days from the date of termination to re-subscribe and retain your mobile number. After sixty (60) days, if you re-subscribe, you will be assigned a new mobile number by Gigs.

5. Termination or Suspension by Majority or Gigs.

Majority or Gigs may suspend or terminate your Mobile Phone Service subscription without notice for any reason, including but not limited to:

• Failure to fulfill any payment obligations.
• Fraud or misrepresentation.
• Misuse of the service or violation of these Mobile Phone Plan Billing Terms or the Gigs Terms.
• Any other reason necessary to protect Majority, Gigs, or their partners from financial, legal, or reputational harm.

6. No Refunds & No Service Credits.

 All payments are final. No refunds (partial or otherwise) will be issued upon cancellation, termination, or suspension of your Mobile Phone Service subscription.

You will not receive any refund, exchange, or credit for, including but not limited to:

• Unused subscription time.
• Mobile Phone Service disruptions caused by failure of communications, network outages, force majeure events, system failures or overcapacity, or other issues beyond Majority’s or Gigs’ control.
• Failure of your device to operate with the Mobile Phone Service, 
• Failure of Majority’s or Gigs’ hardware, software or systems.
• other issues beyond Majority’s or Gigs’ control.

7. Customer Service.

Majority is responsible for all customer service inquiries, including billing issues, subscription changes, and cancellations. If you experience network failures, poor connectivity, or other service interruptions, Majority will coordinate with Gigs on your behalf.

For any customer service inquiries please contact us at support@majority.com or 1 (855) 553-3388. 

8. Bill or Charge Disputes.

Section 15 “Arbitration of Disputes and Class Action Waiver” of these Mobile Phone Plan Billing Terms applies for any Claim you may have regarding your bill or charges to your account with respect to the Mobile Phone Service. However, before initiating  any arbitration under Section 15, you must first give us an opportunity to resolve your claim by contacting customer service at support@majority.com providing a written description and supporting documentation of your claim within sixty (60) days after the date you first receive the disputed bill or charge. If you do not notify us of your dispute via email with supporting documentation within this time period, you will have waived your rights to dispute the bill and/or to participate in any legal action raising that dispute. This limitation period does not apply in any state in which this contractual notice provision is prohibited.  If you accept a credit, refund or other compensation or benefit to resolve a disputed bill or charge for your Mobile Phone Service, you agree that the issue is fully and finally resolved.

Any payment disputes shall be resolved in accordance with these Mobile Phone Plan Billing Terms, the Gigs Terms and applicable laws.

9. Acceptable Use & Personal Use Only.

You agree that you will only use the Mobile Phone Service for personal, family, or household purposes. If Majority or Gigs reasonably determines that you are using the service for a business, commercial purpose, or on behalf of an entity, your subscription may be terminated. Majority and Gigs are not responsible for any liability arising from unauthorized commercial use of the service.

10. Privacy

It is our policy to respect the privacy of our customers.  For information on our privacy practices, please review our Privacy Policy.

11. LIMITATION OF LIABILITY.

YOU ACKNOWLEDGE AND AGREE THAT THE MOBILE PHONE SERVICE IS PROVIDED SOLELY BY GIGS. MAJORITY IS NOT RESPONSIBLE FOR THE OPERATION, QUALITY, COVERAGE, SECURITY, RELIABILITY, AVAILABILITY, OR PERFORMANCE OF THE MOBILE PHONE SERVICE.

MAJORITY DOES NOT GUARANTEE THAT THE MOBILE PHONE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM DEGRADATION, INCLUDING BUT NOT LIMITED TO NETWORK OUTAGES, POOR CONNECTIVITY, OVERCAPACITY OR SYSTEM FAILURES.

MAJORITY IS NOT RESPONSIBLE FOR ANY INABILITY TO ACCESS EMERGENCY SERVICES (911) THROUGH THE MOBILE PHONE SERVICE, INCLUDING BUT NOT LIMITED TO SERVICE OUTAGES, POWER FAILURES, OR LIMITATIONS OF THE MOBILE PHONE SERVICE. YOU ACKNOWLEDGE THAT ACCESS TO EMERGENCY SERVICES IS PROVIDED BY GIGS, NOT MAJORITY.

THE MOBILE PHONE SERVICE RELIES ON NETWORKS, SERVICES, AND FACILITIES NOT OWNED OR CONTROLLED BY MAJORITY. MAJORITY IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF GIGS, NETWORK PROVIDERS, OR ANY OTHER THIRD PARTIES INVOLVED IN PROVIDING THE MOBILE PHONE SERVICE. YOU ACKNOWLEDGE THAT MAJORITY'S SOLE ROLE IS TO PROCESS PAYMENTS AND PROVIDE CUSTOMER SERVICE FOR BILLING AND SUBSCRIPTION MANAGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MAJORITY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYES, PARTNERS OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF MONEY, DATA, GOODWILL, REPUTATION, PROFITS, BUSINESS INFORMATION OR INTERRUPTION, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF OR INABILITY TO USE THE MOBILE PHONE SERVICES OR OTHERWISE ARISE UNDER OR IN CONNECTION WITH THE MOBILE PHONE PLAN BILLING TERMS OR THE GIGS TERMS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL MAJORITY’S, ITS AFFILIATES’, AGENTS’, DIRECTORS’, EMPLOYEES’, PARTNERS’, OR SERVICE PROVIDERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE MOBILE PHONE SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY CAUSED BY OUR GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. NO WARRANTIES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAJORITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE MOBILE PHONE SERVICE.

13. INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND OUR PARTNERS HARMLESS, INCLUDING OUR AND OUR PARTNERS’ SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, LOSSES, DEMANDS, TAX ASSESSMENTS, JUDGMENTS, GOVERNMENTAL INVESTIGATION OR ENFORCEMENT ACTION, PENALTIES, INTEREST AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO (I) YOUR ACCESS TO AND USE OF THE MOBILE PHONE SERVICE OR YOUR SUBSCRIPTION THERETO; (II) YOUR VIOLATION OF THESE MOBILE PHONE PLAN BILLING TERMS OR THE GIGS TERMS, (INCLUDING ACTUAL OR ALLEGED BREACH OF YOUR REPRESENTATIONS AND WARRANTIES), OR ANY APPLICABLE LAW OR REGULATION; (III) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT; (IV) ANY OTHER PARTY’S ACCESS AND/OR USE OF THE MOBILE PHONE SERVICES OR ACCESS TO THE APP WITH YOUR UNIQUE NAME, PASSWORD OR OTHER APPROPRIATE SECURITY CODE; OR (V) ANY DISPUTES OR ISSUES BETWEEN YOU AND ANY THIRD-PARTY. WE RESERVE THE RIGHT TO ASSUME OR PARTICIPATE, AT YOUR EXPENSE, IN THE INVESTIGATION, SETTLEMENT AND DEFENSE OF ANY SUCH ACTION OR CLAIM.

14. Applicable Law and Jurisdiction.

These Mobile Phone Plan Billing Terms shall be governed by the laws of the State of Delaware except to the extent governed by federal law or modified herein, without regard to any conflicts of law provisions that provide for the application of the law of another jurisdiction.

15. Arbitration of Disputes and Class Action Waiver.

Subject to Section 8 above, any claim, dispute, or controversy (“Claim”) between you and us, including our (if any) successors, affiliates or assignees as well as any other third party, arising out of or relating in any way to the Mobile Phone Plan Billing Terms or otherwise, no matter how described, pleaded or styled, shall be subject to final binding arbitration as provided herein. The arbitration shall be conducted pursuant to the JAMS Comprehensive Arbitration Rules and Procedures in effect at the time the request for arbitration is made (the “Arbitration Rules”), and in accordance with the Expedited Procedures in those Arbitration Rules, including Rules 16.1 and 16.2 of those Arbitration Rules, except as modified herein. The arbitration shall take place in the county in which you reside before a single neutral arbitrator (the “Arbitrator”) selected in accordance with the Arbitration Rules. Payment of all filing, administration, and arbitrator fees will be governed by the Arbitration Rules. We shall be responsible for our share of the arbitration fees, and if you are unable to pay your share, we will pay it on your behalf, subject to the Arbitrator’s determination of your good faith inability to pay.

The parties agree that the arbitration proceedings, including all documents, evidence, and statements made during the proceedings, shall be confidential. Neither party shall disclose any information related to the arbitration, including the existence of the arbitration, the Arbitrator's award, or any other details of the proceedings, to any third party, except as may be required by law, regulation, or court order, or to enforce or challenge the arbitration award.

ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO A TRIAL BY JUDGE OR JURY.

You and we will have the ability to reasonable discovery in accordance with the Expedited Procedures in the Arbitration Rules. All determinations as to the scope, interpretation, enforceability and validity of this agreement to arbitrate shall be made finally and exclusively by the Arbitrator. The Arbitrator’s award shall consist of a written statement stating the disposition of each Claim and will also provide a concise written statement of the essential findings and conclusions on which the award is based. The Arbitrator’s award will be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.

NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.

This arbitration provision shall survive: (i) the termination of this Agreement; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment of your Card, or any amounts owed on your Card, to any other person or entity. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. Any different agreement regarding arbitration must be agreed to in writing.

This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.

IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT SUBSCRIBE TO THE MOBILE PHONE SERVICE ON THE APP, NOTIFY US IMMEDIATELY FOR TERMINATION OF THESE MOBILE PHONE PLAN BILLING TERMS AND GIGS TERMS.

16. Entire Agreement.

These Mobile Phone Plan Billing Terms and the Majority Terms represent the entire agreement between you and us regarding your subscription to the Mobile Phone Service through the App, and supersedes all prior offers, understandings, agreements and representations with respect to your subscription to the Mobile Phone Services or any other subject matter covered by these Mobile Phone Plan Billing Terms or the Majority Terms. For clarification, these Mobile Phone Plan Billing Terms supersede all offers, promises or similar made to you by our client services agents, representatives or employees with respect to your subscription to the Mobile Phone Service through the App. These Mobile Phone Plan Billing Terms and Majority Terms may not be modified or amended except as described herein.

If there is a conflict between these Mobile Phone Plan Billing Terms and the Majority Terms with respect to your subscription to the Mobile Phone Service, these Mobile Phone Plan Billing Terms shall govern.

If a court finds any provision of these Mobile Phone Plan Billing Terms or the Majority Terms to be invalid or unenforceable for any reason, the remainder of these Mobile Phone Plan Billing Terms or the Majority Terms shall continue in full force and effect.

If we fail to insist that you perform any of your obligations under these Mobile Phone Plan Billing Terms or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

17. Headings

Headings used in these Mobile Phone Plan Billing Terms are for convenience purposes only and shall not be deemed to limit or affect any of the provisions hereof.

18. Translations 

The official version of these Mobile Phone Plan Billing Terms is in the English language. Any translations are provided merely for convenience of the customers and shall not be legally binding. In the event of any conflict between a version in another language and the English version, the English version shall prevail.

19. Electronic delivery; notices.

 You agree to receive electronic delivery of these Mobile Phone Plan Billing Terms, which will be deemed delivered you (a) when you purchased a subscription to the Mobile Phone Service in the App and (b) when sent to you via an in-App message or to an email address you provide to us.  Further, you also agree that we may send you any notice contemplated under any subscription by email or via in-App message or to the postal address we have on file for you, as needed at our discretion.

20. Communication

We may call or text you at any phone number that you provide us (including any mobile number) to inform you about the status of your subscription to the Mobile Phone Service any related support or service. Calls may be live or pre-recorded and calls or texts may be made via automated dialing system.  Voice and data rates may apply.

21. Our Rights to Make Changes. 

This provision is subject to requirements and limitations imposed by applicable law and will not be enforced to the extent prohibited by law. Your subscription to the Mobile Phone Plan through the App is subject to our business policies, practices, and procedures, which we can change without notice. WE RESERVE THE RIGHT TO CHANGE OR MODIFY THESE MOBILE PHONE PLAN BILLING TERMS, OUR SERVICES, DISCOUNTS, OR TECHNOLOGIES FOR THE APP AT ANY TIME AND YOU AGREE TO BE BOUND BY ALL SUCH CHANGES OR MODIFICATIONS ON THE EARLIER OF WHEN WE (i) POST THEM ON THE MAJORITY WEBSITE, OR (ii) SEND THEM TO YOU (ELECTRONICALLY OR OTHERWISE) VIA THE APP OR OTHERWISE. BECAUSE THESE MOBILE PHONE PLAN BILLING TERMS ARE SUBJECT TO CHANGE AT ANY TIME, YOU SHOULD ALWAYS CHECK THE MAJORITY WEBSITE FOR THE MOST CURRENT VERSION.

Effective as of: May 5th, 2025.