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Zirrus Mobile Service Agreement

Last Updated:  August 1, 2026

Your Mobile Service Agreement (“Agreement”) includes the terms and conditions for products or services provided by Yadkin Valley Telecom, Inc. d/b/a Zirrus (“Zirrus”, also “We” or “Us”). By activating, using, or paying for any of these products or services, you are accepting and agree to be bound by this Agreement. These terms and conditions may change from time to time, as described in the Modification of Agreement provision below.

RESPONSIBLE PARTY: "You/you" means a person or an entity that is the customer of record. If you are signing on behalf of an entity, You represent that You are authorized to sign on its behalf, and You agree to be jointly responsible with the entity for payment of any sums that become due under, and to be bound by this Agreement. You agree Zirrus can collect directly from You without first proceeding against the entity for outstanding charges, including billed device balance plus promotional value extended.

You are responsible for any activity that occurs on or through your account. We do not guarantee the security of your Zirrus accounts, the internet, any third party-services you may choose to use or interact with through the services we provide, or any third-party devices or equipment you may choose to use to access our services. Please ensure that your credentials for accessing or using your accounts, such as your passwords, personal identification numbers, social security numbers, or other personal information are secure. If you learn of any unauthorized use of your Zirrus account, please contact us immediately.

YOUR ACCOUNT: Zirrus imposes the following monthly charges on a per line basis: (1) federal and state universal service charges, (2) a Regulatory Cost Recovery Charge to help defray its cost incurred in complying with obligations and charges imposed by state and federal telecom regulations, (3) an Administrative Fee, and (4) other government assessments on the third-party service provider. Some of these fees are taxes or government-required charges. The amounts we charge may change.

CONTRACT PERIOD: This Agreement may incorporate a 36-month promotional period with promotional pricing which is a discount off of the service rate (the “Base Rate”) and is a minimum period in which you must maintain service (Your “Promotional Commitment”).  The Base Rate upon which the discount applies is subject to change. Your Promotional Commitment begins on the day we activate your service. AFTER THE 36-MONTH PROMOTIONAL PERIOD IS COMPLETE, THIS AGREEMENT SHALL AUTOMATICALLY RENEW ON A MONTH-TO-MONTH BASIS UNTIL EITHER PARTY GIVES NOTICE PURSUANT TO THE TERMINATION PROVISION BELOW. Either party may terminate this Agreement at any time after your Promotional Commitment ends with thirty 30-days’ notice to the other party. If you do not have service with a Promotional Commitment, your service is provided on a month-to-month basis and automatically renews unless cancelled or terminated. We may terminate this Agreement at any time without notice if we cease to provide service in your area.

SUSPENSION OF SERVICE: Zirrus may, in its sole discretion, suspend your service at any time without liability for any reason, including but not limited to suspected fraud, unauthorized use, violation of this Agreement, nonpayment, or network maintenance. During any suspension, you remain responsible for all charges and fees. Suspension does not constitute termination of this Agreement, and Zirrus reserves the right to terminate following any suspension.

TERMINATION OF SERVICE BY ZIRRUS: Zirrus may, in its sole discretion, 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 underage, or if you fail to make all required payments when due, or if we have reasonable cause to believe you are engaging in fraud, that your device is being used for a prohibited or an unlawful purpose or in a way that may adversely affect our service, you violate this Agreement , 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.

TERMINATION BY CUSTOMER; You may terminate this Agreement by contacting our Care Team (336-463-9502 or cstservice@zirrus.com) or a local retail store. You may terminate this Agreement for any reason within 14 days of signing this Agreement, and your activation fee will be refunded, provided you will remain responsible for any Service fees and charges incurred. Unless required by applicable law, there is no proration of charges, and you are responsible for the full month's payment even if your services are terminated in the middle of a billing cycle.

If you terminate the Agreement before the end of any Promotional Commitment, any discounts are forfeited, and you will be responsible for repayment of the full value of any promotional credits, device subsidies, or other incentives provided to you, prorated over the remaining term of the promotional period. This payment is not a penalty but reimburses Zirrus for the services provided.

PROHIBITED DATA USES: While most common uses for Internet browsing are permitted, you agree you will not use the Internet that causes extreme network capacity issues and interference with the network, such determination to be made exclusively by Zirrus. Examples of prohibited uses include, without limitation, the following: (i) server devices or host computer applications including, but not limited to, Web camera posts or broadcasts from the mobile radio unit, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file sharing or communication; (ii) as a substitute for full-time or dedicated data connections; (iii) “auto-responders,” “cancel-bots,” or similar automated or manual routines which generate excessive amounts of net traffic, or which disrupt net user groups or e-mail use by others; (iv) “spam” or unsolicited commercial or bulk e-mail (or activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail); (v) any activity that adversely affects the ability of other people or systems to use the Service or other parties’ Internet-based resources, including “denial of service” (DoS) attacks against another network host or individual user; or (vi) accessing, or attempting to access without authority, the accounts of others, or to penetrate, or attempt to penetrate, security measures of the Zirrus wireless network or another entity’s network or system.

SIM CARD: You agree to safeguard your SIM Card and not to allow any unauthorized person to use your SIM Card. You agree not to, and not to allow any other person to, directly or indirectly alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the encryption mechanisms of, your SIM Card. Zirrus may, from time to time, remotely update or change the encoded information on your SIM card.

CONSENT TO CONTACT : You agree, in order for us to service your account, provide account alerts, offer promotions, or to collect any amounts you may owe, we may contact you by telephone, text message, or SMS at any number associated with your account, which could result in charges to you. We may also contact you by email, using any email address you provide us. Methods of contact may include using pre-recorded or artificial voice messages and/or the use of an automatic dialing service, as applicable. I/We have read this disclosure and agree that Zirrus may contact me/us as described above. If you no longer wish to receive marketing communications, you may update your contact information by contacting our Care Team (336-463-9502 or cstservice@zirrus.com).

SERVICE/COVERAGE LIMITATIONS: Service is not available at all times in all places. There are gaps in coverage within the service areas shown on coverage maps. We do not guarantee you uninterrupted service or coverage. We cannot assure you that if you place a 911 call you will be found.

SERVICE INTERRUPTIONS: Zirrus is not liable to you in any respect and there shall be no credits, reduction or setoff of the charges due for “downtime” of Service for any reason, including but not limited to failure of communications, power outages, occurrences considered Force Majeure, system overcapacity, failure of the Mobile Radio Unit, Service Coverage limitations, or failure of Zirrus’ or any of its contractors’ hardware, software or systems.

ARBITRATION/CLASS ACTION WAIVER: By signing this Agreement, you consent to mandatory arbitration to resolve any and all disputes arising out of this Agreement. Each party shall bear its own attorneys' fees and costs, except as otherwise provided by law.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same individual damages and individual relief that a court can award. You agree that any arbitration under this Agreement will take place on an individual basis, without class, representative, or private attorney general proceedings. This Arbitration/Class Action Waiver provision survives termination or expiration of this Service Agreement.

LATE FEES: Subscriber bills are generated monthly, according to the applicable billing cycle. For questions related to your billing cycle or due date, please refer to your bill or call 336-463-9502. If the Subscriber fails to satisfy the balance by the bill due date, a late fee may be assessed equal to a 1.5 percent charge on the past due balance. Zirrus reserves the right to adjust or remove late fees imposed.

CREDIT REPORTING: By signing this Agreement, you give Zirrus permission to obtain your credit score in order to determine eligibility for service offerings, promotions, and/or financing arrangements. By signing this agreement, you also give Zirrus permission to obtain your credit score, as well as report to the credit bureaus. In the event of nonpayment, Zirrus reserves the right to attempt collection of funds owed through use of collection agencies.

DEVICE RETURN POLICY: If you purchased a Device from us and did not finance it, one (1) Device per line may be refunded or exchanged within 14 days of purchase. Only one exchange is allowed per original purchase. Proof of purchase required. Device must be in original packaging and without physical damage. A restocking fee of $35 for devices missing ancillary items; or $50 for Devices missing the box; or $200 for Devices with physical damage will apply. Devices with extensive damage are not eligible for return/exchange. If you financed a Device with us and are subject to a Mobile Finance Agreement, the Right to Cancel provision of the Mobile Finance Agreement shall apply.

SMARTPHONES AND CERTAIN OTHER DEVICES: An eligible data plan is required for certain Devices, including iPhones and other designated Smartphones. The data plans do not cover international data charges. If it is determined that you are using an iPhone or other designated Smartphone without an eligible data plan, the third-party service provider reserves the right to add an eligible data plan to your account and bill you the appropriate monthly fee.

CUSTOMER PROPRIETARY NETWORK INFORMATION (CPNI): Under federal law, customers have a right, and providers have a duty, to protect the confidentiality of CPNI. CPNI includes information about the services a customer subscribes to, their usage of those services, and related billing information. Occasionally, to better serve your communications needs, we would like to share your CPNI data across internal divisions for our own marketing purposes. Our use of CPNI enhances our ability to support the services and products you need. Zirrus will not sell your CPNI. We also will never disclose your CPNI to unaffiliated third parties unless we are required to by law. To allow Zirrus to use your CPNI for marketing purposes, no further action is required.

CPNI OPT OUT: If, however, you wish to exercise your right to disapprove of Zirrus’ use of your CPNI to offer you additional services, you may notify us via email at cpni-opt-out@zirrus.com. If we do not receive notification from you within 30 days from the date of this Agreement, Zirrus will assume that it has your approval to use your CPNI to offer you services that you may find beneficial. Your election to approve or disapprove of Zirrus’ use of your CPNI to market additional services to you will remain in effect until you decide to change it – which you can do at any time without charge. Therefore, if you previously “opted out” of the use of your CPNI for marketing purposes, no action is needed to maintain that election. In addition, an election to disapprove the use of your CPNI for marketing purposes will not affect the provision of any services to which you currently subscribe. Please note that even if you elect to restrict Zirrus’ use of your CPNI for marketing purposes, you may still receive marketing information developed without the use of your confidential information.  To access Zirrus’ Privacy Policy, visit www.zirrus.com.

USE OF NUMBERS: You shall acquire no proprietary interest in numbers assigned by Zirrus for your use. Unless caused by the sole negligence of Zirrus, You shall indemnify and hold Zirrus, its officers, employees, suppliers of service and agents harmless against any and all claims, demands, suits, judgments, causes of action, losses, expenses, fees (including reasonable attorneys’ fees), and liability or damages for libel, slander, or infringement of copyright from the material transmitted via the access telephone number, and against any and all other claims, demands, suits, judgments, causes of action, losses, expenses, fees (including reasonable attorneys’ fees) liability, including without limitation for any personal injury or death, arising in any way directly or indirectly in connection with this Agreement or the use or inability to use the access telephone number (whether caused in whole or in part by the negligence of suppliers of service). This indemnity shall survive the termination of this Agreement.

MODIFICATION OF AGREEMENT: Zirrus reserves the right to modify, amend, or update this Agreement, including rates, Base Rates, fees, and service terms, at any time upon thirty (30) days’ notice to you. Notice may be provided by posting the updated terms on Zirrus’ website, by bill insert, by email, or by any other reasonable means. Your continued use of the services after the effective date of any modification constitutes your acceptance of the modified terms. If you do not agree to the modified terms, your sole remedy is to terminate this Agreement in accordance with the termination provisions herein.

DISCLAIMER OF WARRANTIES: THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ZIRRUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ZIRRUS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

WAIVER: The failure of Zirrus to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement shall be effective only if in writing and signed by Zirrus.

FORCE MAJEURE: Zirrus shall not be liable for any failure or delay in performing its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, labor disruptions, failure of third-party networks or equipment, or any other cause beyond Zirrus’ reasonable control.

ASSIGNMENT: Zirrus may assign this Agreement without Your prior consent to any person, firm or corporation acquiring all or substantially all of the assets of Zirrus or to any affiliated or successor entity.

 

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