Terms and Conditions

Terms of Service – Diverse Mobile.

These Terms of Service (“Terms” or “Agreement”) govern your use of the services and equipment provided by Diverse Mobile. (“Diverse Mobile,” “we,” “our,” or “us”), including its affiliates, officers, employees, representatives, agents, and service providers.

By accessing, activating, or using any Diverse Mobile services or equipment, you (“Customer,” “you,” or “your”) confirm that:

  • You are legally able to enter into this Agreement
  • You have read, understood, and agreed to these Terms
  • You accept that these Terms form a legally binding contract

Diverse Mobile reserves the right to modify, suspend, or discontinue any part of this Agreement or its Services at any time, with reasonable notice when required.

1. Establishment of Service

Diverse Mobile provides fixed wireless devices and related services including support, upgrades, and maintenance.

To receive Services, you must:

  • Be an active subscriber in good standing
  • Maintain a valid payment method and/or good credit status

Diverse Mobile is not responsible for:

  • Any third-party devices or services you purchase elsewhere
  • Communications with third-party providers on your behalf

You may choose to port your existing number or receive a new number.

2. Agreement Term

This Agreement begins at the time of service activation (via contract, LOA, or third-party verification) and continues until termination. Unless cancelled, it may automatically renew as stated in your service contract.

2.1 Cancellation

To cancel your service:

  • Submit a cancellation request at least 48 hours in advance
  • Only the Superuser on the account may make the request
  • Cancellations are accepted by phone or email only

Failure to follow the correct cancellation procedure will result in continued billing.

You will receive confirmation by email once your service is officially cancelled.

Your sole remedy in any dispute is cancellation of service.

Refunds

Refunds or credits may be issued only if service failure is due to Diverse Mobile.

No refund will be issued for user error, misuse, or violation of these Terms.

Return of Equipment

You may return leased equipment within 14 days of cancellation for a security deposit refund, provided:

  • The equipment is functional and undamaged
  • It is received in good condition
  • It is shipped using instructions provided by Diverse Mobile

Shipping costs will be covered by Diverse Mobile.

Failure to return equipment or damage will result in forfeiture of any credit.

2.2 Diverse Mobile’s Right to Modify or Terminate

Diverse Mobile may modify the terms of this Agreement, including but not limited to:

  • Pricing
  • Service features
  • Equipment offerings

Your continued use of the service after such changes constitutes acceptance of the updated terms.

If changes materially impact you negatively, you may cancel your service as outlined above.

Diverse Mobile may immediately terminate this Agreement if you violate its terms, without refund.

Upon termination, you must immediately discontinue use of the Services and/or Equipment. Any outstanding charges will remain payable.

2.3 Assignment of Numbers Upon Activation

Diverse Mobile will initiate the port-in of your existing number after 24 hours, once you confirm satisfactory testing of the service and device.

  • Once a number is ported, Diverse Mobile is not responsible for switching it back.
  • Any future carrier change is the customer’s responsibility.
  • Diverse Mobile is not liable for service loss during this process.

3. Service Use Restrictions

3.1 Legal Compliance

You agree to use Diverse Mobile services in compliance with all applicable local, state, federal, and international laws, including regulations related to call recording, intellectual property, telemarketing, and data protection.

You may not use the service to provide commercial access to third parties or bypass any security mechanisms.

Violation of this section may result in immediate termination.

3.2 Fair Use

Diverse Mobile services are intended for normal business or residential usage. Excessive use that negatively impacts network performance may result in suspension or termination of services.

3.3 Excessive Usage

Usage over 10,000 minutes per billing cycle per extension may result in additional charges of at least $0.05 per minute or page.

This applies to ALL plans including unlimited plans.

3.4 Abusive or Impermissible Use

The following activities are strictly prohibited:

  • Reselling service
  • Auto-dialing or blast messaging
  • Continuous call forwarding
  • Telemarketing violations
  • Network interference

Diverse Mobile may suspend or terminate service immediately for such violations.

3.5 Lawful Use Only

You may not use Diverse Mobile services to transmit:

  • Threatening or harmful content
  • Illegal material
  • Harassment or defamatory messages
  • Fraudulent communications

You agree to indemnify and hold harmless Diverse Mobile from any claims resulting from misuse of services.

3.6 Monitoring & Disclosure

Diverse Mobile may monitor usage and disclose information to authorities when:

  • Required by law
  • To prevent illegal activity
  • To protect users or infrastructure
  • In emergencies

This information may include IP address, device MAC, phone number, and account data.

3.7 Intellectual Property & Device Restrictions

All trademarks, logos, firmware, software, and materials remain exclusive property of Diverse Mobile.

  • No license is granted except for intended use
  • Devices must be used with Diverse Mobile services only
  • Unauthorized modification is prohibited

3.8 Diverse Mobile’s Rights

Diverse Mobile may investigate account usage and take appropriate action, including:

  • Plan adjustment
  • Rate changes
  • Service suspension
  • Immediate termination

If services are used illegally, Diverse Mobile may cooperate with law enforcement.

3.9 CALEA

You acknowledge that Diverse Mobile intends to fully comply with the Communications Assistance for Law Enforcement Act of 1984, and all rules and regulations promulgated thereunder, as the same may be amended from time to time (“CALEA”). You agree and consent to Diverse Mobile right to monitor, tap, trace and otherwise disclose the nature and content of your communications if and as required by law enforcement authorities without notice to you and to provide such other assistance to law enforcement authorities as may lawfully be requested by them.

3.10 Changes

Diverse Mobile reserves the right to change this Policy at any time upon notice to You. Changes shall become effective upon the later of the date specified in the notice or when a revised Policy is posted to Diverse Mobile  website.

4. Personal Information & Privacy

Diverse Mobile utilizes the public Internet and third party networks to provide voice and data services. Accordingly, Diverse Mobile cannot guarantee the security of Your voice and data communications. Diverse Mobile is committed to respecting Your privacy. If You choose to provide personal information, it will only be used in the context of Your relationship with Diverse Mobile, and may be disclosed under the terms listed in Section 3.8 of this Agreement.

You authorize Diverse Mobile to use Your account information to offer You either directly, or through third parties on behalf of Diverse Mobile, other Diverse Mobile Services and Equipment. Diverse Mobile will not sell, rent, or lease Your personal information to third parties, unless such third parties are calling on behalf of Diverse Mobile Services and Equipment. You may opt out of any approval to receive such solicitations.

5. Notification of Service Changes

From time to time, Diverse Mobile may send You E-mails or text messages (SMS) describing new or changed Services, and how to access them, to the E-mail addresses or SMS mobile phone numbers You provide. If You provide us with Your cell phone number, You consent to receiving service-related information from us via SMS.

You will receive service related E-mails or SMS messages even if You have opted out of receiving other E-mails or other SMS messages from Diverse Mobile. If You do not want to receive service related E-mails or SMS messages, You may opt out by contacting Diverse Mobile Customer Care at the number on Your invoice.

6. Ported Telephone Numbers On Service Disconnection

6.1 Single Line Accounts

You may be able to take, or “port,” Your current telephone number(s) to another service provider. You will remain responsible for all charges and fees until You notify Diverse Mobile of Your election to cancel services in accordance with this Agreement or appropriate Contract.

6.2 Multiple-line Accounts

If You request that a new service provider port a number from us and You have multiple numbers assigned to Your account and/or additional equipment on Your account, You are required to notify us of Your intent to terminate the specific affected Services on Your account or We will continue to bill for such Services.

6.3 Requests for Diverse Mobile to Port numbers

If You request that Diverse Mobile port a number from an existing service provider to Diverse Mobile, Diverse Mobile will use commercially reasonable efforts to assist You in porting that number. You acknowledge that service providers require verification of identity, authorization and other reasonable information to port numbers.

7. Payment & Services

7.1 Automatic Monthly Billing

You agree to pay Diverse Mobile the non-recurring and recurring monthly service charges, set-up charges, equipment, and usage charges, if applicable, for Your use of the Services plus any applicable taxes.

7.2 Recovery Fees

A Regulatory Recovery Fee for every phone number is assigned to Your account and will be charged monthly to offset costs incurred by Diverse Mobile in complying with governmental obligations. This fee is not a tax or charge required or assessed by any government.

8. Ancillary Services

Additional Diverse Mobile Services can be purchased by administrators through the Diverse Mobile interface or by calling Diverse Mobile Customer Care.

9. Changes to Rate Plans or Components

Diverse Mobile will use commercially reasonable efforts to provide thirty (30) days advance notice of any material plan or rate changes.

10. Notices from Diverse Mobile 

Diverse Mobile  may provide You notice by mail, E-mail, phone, or by publishing on the Diverse Mobile  website.

11. Emergency Service, 911 Dialing Limitations

Our customers have access to basic 911 service free of cost, already included in the plan. YOU ACKNOWLEDGE 911 SERVICE WILL NOT FUNCTION WITHOUT POWER AND INTERNET ACCESS.

11.1 Automated Number Identification

Technical limitations may make it impossible for the PSAP and the local emergency personnel to identify your phone number when you dial 911. The local emergency operators answering the call may not see your telephone number or your registered address. The emergency center may not be equipped to receive, capture, or retain your telephone number and registered address, so you must be prepared to give them this information.

Until you give the operator your phone number, he/she may not be able to call you back or dispatch help if the call is dropped or disconnected, or if you are unable to speak.

Diverse Mobile system is configured to send the automated number identification information; however, one or more telephone companies that route the traffic to the PSAP, and the PSAP itself, may not be able to receive the information and pass it along.

You acknowledge and agree that PSAP and emergency personnel may or may not be able to identify your phone number in order to call you back if:

  • (a) the call is unable to be completed
  • (b) the call is dropped or disconnected
  • (c) you are unable to speak to tell the dispatcher the location of your phone number
  • (d) the Service is not operational for any reason

11.2 Alternate 911 Arrangements

If you are not comfortable with the limitations of our 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or disconnecting the Service.

Alternate means include mobile (cell) phones and traditional telephone landlines.

  • Diverse Mobile does not offer primary line or lifeline services
  • The Equipment and Services may not support 911 emergency dialing or other emergency functions
  • Users of the Services must be notified of the 911 limitations, and you acknowledge receipt of labels stating the same for your Equipment


DIVERSE MOBILE ADVISES YOU TO MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES SUCH AS TRADITIONAL TELEPHONES AND CELLULAR PHONES.

11.3 Disclaimer of Liability and Indemnification Related to 911

We have no control over whether calls using our 911 Dialing service are answered by emergency response centers. We disclaim all liability for losses resulting from delays, failures, or inability to make or complete 911 calls.

We rely on third parties to route 911 calls, and any errors in that data are not our responsibility.

You agree to defend, indemnify and hold harmless Diverse Mobile, its officers, directors, employees, affiliates, and agents against any claims arising out of:

  • Your failure to correctly activate 911 calling
  • Providing incorrect information to Diverse Mobile
  • Misrouted 911 calls

You acknowledge the Service will not work if the device is powered off, during power outages, network failure, suspension, or other technical issues.

12. Equipment, Service and Unauthorized Use

You may be required to purchase telecom equipment. Procuring and maintaining that equipment is your sole responsibility.

Diverse Mobile may facilitate the provision of Equipment from a third-party supplier. The original manufacturer is responsible for defects.

ALL EQUIPMENT SALES ARE FINAL.

  • Lost, stolen, or modified equipment is not covered
  • You may not resell or transfer equipment without written permission
  • All shipping fees for returns are your responsibility

13. International Usage

Service is intended for use within the United States and Canada. International use is at your own risk.

You are liable for all usage of the Service or Device by any person using it.

14. Disclaimer of Warranty & Limitation of Liability


THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.

Diverse Mobile shall not be liable for any indirect, special, incidental or consequential damages including loss of profits, data, or inability to access 911 services.

Maximum liability shall not exceed the lesser of $250 or the amount paid within the last six (6) months.

15. Dispute Resolution and Mandatory Arbitration

PLEASE READ CAREFULLY – THIS AFFECTS YOUR RIGHTS

All disputes must be resolved through binding arbitration, not in court or class action.

The arbitration will take place in Los Angeles County, California under American Arbitration Association rules.

Each party bears its own legal fees.

16. Consent to Use of Electronic Signatures and Records

By clicking “I Agree”, you consent to electronic contracts and records and agree they are binding.

17. Entire Agreement

This Agreement represents the full and complete agreement with Diverse Mobile.

18. No Waiver of Rights

Failure to enforce any part does not waive those rights.

19. Force Majeure

Diverse Mobile is not responsible for delays caused by events beyond its control.

20. Governing Law

This Agreement is governed by California law. All claims must be filed within 90 days.

21. Breach or Non-Payment

Customer agrees to pay all collection costs in case of breach or non-payment.

22. Survival

All obligations that should survive termination shall do so.

23. Assignment

You may not transfer your rights without written consent from Diverse Mobile.

24. No Third-Party Beneficiaries

This Agreement grants no rights to third parties.