Effective Date: June 22, 2023

Please review the below prior to clicking Continue to Payment on Amazon.com.

e-transaction/e-signature

Privacy Policy

Terms & Conditions

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Before we get started:

You should know that an arbitration provision and class action waiter apply to this agreement. If we can't work out a dispute between us (we will try!), we require arbitration and don't allow class actions. You'll have to waive your ability to bring a class action or to have a trial by jury.

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eSignature Agreement

Please read this information carefully. This document is provided in accordance with the ESIGN Act.

Your Consent

By using the Services, you agree that any communications we provide to you, and anything you sign or agree to with us relating to the Services (such as, for example, The Deal), may be in electronic form. Your consent applies to this transaction and all future transactions. You agree that you are providing consent on behalf of yourself and all others using your account.

Withdrawing Consent

You may withdraw your consent without charge, or change your email and contact preferences whenever you want by logging in to your Boost Infinite account. A withdrawal of your consent to receive electronic communications will be effective only after we have had a reasonable period of time to process your withdrawal. After you withdraw your consent, you will no longer receive any communications from us electronically. We may still send you communications electronically that we are not required by law to provide “in writing.”

To withdraw your consent, you must write to:

Boost Infinite c/o DISH Network L.L.C.
Attn: Electronic Consent
P.O. Box 9040
Littleton, CO 80120-9040

Stating that you no longer consent to electronic communication. You must include: the primary account holder’s name, the Boost Infinite account number, the service address, and your signature.

Updating Contact Information

You must provide us with an accurate and up-to-date email address, phone number, and other contact information. You can update your contact information at any time by contacting (866) 957-7772 or by visiting the My Account tab on our website https://www.boostinfinite.com/help-center.

Availability of Paper Records

You can get a paper copy of electronic communications such as our privacy policy, or these Terms & Conditions at any time by printing out a copy from https://www.boostinfinite.com/terms. You can also call us at (866) 957-7772 or by visiting https://boostinfinite.com/help-center for help with printing paper copies.

Hardware and Software Requirements

By using our Services, you agree that you have the necessary hardware and software to communicate with us electronically. In order for us to communicate with you electronically, you will need access to the following:

• A valid email address and the ability to view PDFs
• A Phone with SMS texting enabled

Termination of, or Changes to, How We Provide Electronic Communications

We have the right to stop providing electronic communications or change the terms by which we provide electronic communications at any time. We will give you notice of any such termination or change as required by law. If we do change this agreement, you agree to be bound to the terms of the revised agreement by continuing to use our Services.

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Privacy Policy

Effective Date: July 01, 2023

Before we get started, we’d like to point out that some terms in this Privacy Notice (“Notice”) are defined in The Deal at boostinfinite.com/terms/policy. You need to review those to make sure we’re on the same page.

The point of this Notice is to be transparent about what we’re doing with your data.

In general, this Notice describes how we will collect, access, use, or disclose your personal information when you use your Phone, our Services, and our websites (the “Services”). Keep in mind that some Products and Services may be covered by different privacy notices, so the product or service-specific notice will apply.

California Notice at Collection

We collect the categories of personal information (as defined in the California Consumer Privacy Act (CCPA)) listed in the table below.

As further described in this Notice, we generally collect and use the above-listed categories of personal information to provide and manage the Services and achieve legitimate business or commercial purposes.

As noted in the table above, we “sell” or “share” (as these terms are defined in the CCPA) certain categories of personal information, and you may exercise your right to opt out of such disclosures by clicking the “Your Privacy Choices” link in the footer of our website (https://www.boostinfinite.com/) and following the instructions.

We retain each category of personal information that we collect for as long as necessary to fulfill the purposes described in this Notice, including to satisfy legal or reporting requirements.

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More information, including a description of your legal rights, can be found below in the “State Privacy Rights” section.

Personal Information We Collect

Ways you may give us information include when you sign up for, register, use your Phone and Services, or communicate with Customer Care. For starters, we collect things like your:

• Name
• Postal address
• Telephone number
• Email
• Birthdate
• Social security number or other government identification number
• Demographic information
• Activities
• Location information
• Personal preferences
• Profile picture

We use the contact information you provide to let you know if your order fails, to provide you with updates regarding your current Phone or Service, and to provide you with information about any promotions or special offers we’ve got going on. We also use it to notify you of certain things. Some of the reasons we might do this are described elsewhere in the Deal.

Also, this Notice will apply to any personal information you give us for entry into a contest, giveaway, or other promotions, unless the rules say otherwise.

If you use our Services or websites to access services provided by others (stuff like social media or other apps), then those providing the services might also collect information. If they do collect any personal information from you, their privacy policy will apply.

Information We Automatically Collect

We automatically collect certain types of information including:

• Phone Information such as device type, operating system version, signal strength, whether it's on, and how it's functioning.
• Data about how you use our Products and Services, like call history and other types of Customer Proprietary Network Information, data usage and history, your location, websites you visit, app purchases and downloads, etc.

This stuff helps us hone our Services by taking a look at how people are actually using them.

Cookies and Other Technologies

We and/or other companies we work with may use cookies, web beacons, pixels, tags, and similar technologies on or through our Services, as well as third parties' websites, platforms, and electronic communications to understand users online behavior and to collect certain information, including statistics about website and platform usage, broad demographic information, IP addresses, browser type, device type, Internet Service Provider, referring/exit pages, platform type, date/time stamp, number of clicks, and other similar information. We also may use session replay software, which collects information about your interaction with the Services, including keystrokes, mouse movements, and form field entries, and may monitor your interactions with the Services, including for our compliance verification purposes. If you use our website chat function or chatbot function, we collect and store information in connection with your use of that function, including personal identifiers and the content of the chat. You can access our Services even when you’ve disabled certain cookies, but you may not be automatically recognized upon revisiting.

We may link information we automatically collect with other personal information, such as information you give us at registration and checkout. This helps us get a better picture of how you use our Services.

Google Analytics

We use Google Analytics and Signals in Google Analytics. This updates existing Google Analytics features (advertising reports, remarketing, cross-device reports, and reports on interests and demographics) to provide aggregated and anonymized information about you, provided you have allowed personalized ads in your Google Account. You can learn more about Google’s data practices and your privacy choices by visiting https://www.google.com/policies/privacy/partners/ Google provides an opt-out of Google Analytics by downloading and installing the browser add-on located here https://tools.google.com/dlpage/gaoptout/.

Information From Other Sources

We may get information about you from outside sources, including public sources, and combine it with your account information. For example, we often receive information from the retailer that you purchased your Phone from before you started your Service. We also may use demographic and marketing information we get from third parties to help us better serve you or tell you about products or services we think might interest you.

Children's Information

We do not knowingly collect personal information from children under the age of 16. You should be aware that if you purchase a Boost device and allow a child under the age of 16 to use it, any information collected from the usage of that device will appear to be your personal information and treated as such under this Notice.

How Long We Keep Your Information:

We maintain personal information about you in our regular business records if you’re shopping for our Services and while you are a subscriber to any of our Services. We also maintain personal information about you for a period of time after you are no longer a subscriber to satisfy legal or tax requirements, for fraud prevention, or for business purposes.

How We Use Personal Information

These are some of the ways we use, and sometimes disclose, your personal information:

• To provide you with the Products and Services you request, to customize or personalize the Products and Services, and to process your orders
• Protect our rights and property and those of our customers
• Respond to legal process and emergencies
• Develop or tell you about new Products and Services
• Monitor, evaluate, or improve our Products and Services, systems, or networks
• Deliver advertising or communications about us or other products or services that are tailored to your interests. This can be by email, telemarketing, wireless messages, direct mail, or through other websites, apps, or other platforms
• Prevent or detect security incidents, fraud, and criminal activity
• Report to consumer reporting agencies
• Conduct internal business operations, including customer services and for our internal compliance
• If necessary or appropriate, subject to our discretion, in connection with legal compliance, such as to comply with legal process (for example, a subpoena from a court) or a government request, to enforce or protect our rights, privacy, safety, or property, and/or those of our affiliates, you, or others, including upholding The Deal, and pursuing available remedies or limit our damages.

Personal Information We Disclose

We may share your personal information as follows:

DISH Affiliates

We disclose your personal information to DISH affiliates, such as AirTV, DISH, Boost Mobile, and Sling TV.

Payment History and Credit-Check

We may share credit-related, payment history, and transactional information while checking eligibility for some of our Services.

With Advertisers and Advertising Networks

We may share personal information with advertisers and advertising networks that serve ads on our sites. They sometimes use cookies, web beacons, pixels, and other technologies to collect information about your use of our websites and other websites. The goal is to better understand your interests and to target advertising and content to those interests and improve your overall experience.

Boost Infinite Service Providers

We may share personal information with companies that perform services for us — including advertising on our websites and mobile apps. These companies include billing processors, subcontractors, software providers, and marketing companies.

Our Analytics Providers

We disclose your personal information to parties that assist us in performing analytics and help us measure the effectiveness of the Services and our marketing and advertising efforts.

Mailing List Partners

We may disclose your name and postal address to other parties, such as charities, marketing organizations, corporate affiliates, or other businesses for “mailing list” purposes.

Corporate Entities for Business Transfers

We may transfer your personal information if we are involved, whether in whole or in part, in a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy, or other change of ownership or control. For example, if another entity acquires us or any of our assets, personal information we have collected may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, personal information we have collected may be considered an asset of ours and may be sold or transferred to third parties. Should such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use personal information we have collected in connection with the Services in a manner that is consistent with this Notice.

Law Enforcement or Other Third Parties for Legal, Compliance, & Safety Purposes

We may be required by law to comply with a valid legal process, such as a subpoena, court order, or search warrant, or where there is a lawful request, to disclose information about you. We may also disclose information about you to protect our customers, employees, or property; in emergency situations; and to enforce our rights under our terms of service and policies, in court or elsewhere.

Disclosure of De-identified or Aggregated Information

1. Aggregated and De-Identified Information

We may disclose information collected or received from or about you in de-identified and/or aggregate formats. We may disclose this information to companies that collect and compile consumer data, including those that create reports about what programs people watch.

2. To Advertisers and Companies That Provide Advertising Services

We may also disclose information with our advertisers and our advertising service providers about when, where, and how (e.g., streaming device, mobile device, or computer) an advertisement was viewed. We may also tell them certain pieces of demographic information about your household. We will not tell the advertiser which individuals or households watched the advertisement. Advertisers, advertising technology companies, and service providers that perform advertising-related services for us and our business partners may use cookies, web beacons, tags, and other technologies to collect information from or about you to tailor advertisements, measure advertising effectiveness, and enable other enhancements. For more information about advertising, see the “Information We Use for Advertising Purposes” section below.

Third-Party Verification Services

We may share personal information (e.g., address, phone number) with non-Boost Infinite entities to assist with identity verification. This helps us prevent fraud and identity theft.

Group Account Holders

For business and government customers, family customers, and other group account holders ("Group Accounts"), the account holder will have access to certain personal information of others using the account. The account holder is the person that buys the service or product for its employees, family members, or other authorized users.

Other Third Parties With Your Consent

In addition to other ways we say we might disclose your personal information in this Notice, we may share information with others: for reasons we told you about when we collected your personal information; if you request that we do so; or if you give us permission. Use of the information you agree to share will be subject to the separate privacy policies of those we share the information with.

Disclosures to Applications and Services of Others That You Choose to Use

You may choose to use services and products offered by other providers through our Services or devices such as other software applications (like TikTok). When you leave our network, you may also use mobile roaming services not provided by us. If you use those services and applications, those providers may collect your personal information from you and from us, including location information. You may also choose to give personal information directly to others when using our Services. In each case, the terms, conditions, and policies of whoever offers the services or applications will apply, rather than ours.

Information We Use for Advertising Purposes

We may use information about you for marketing or advertising purposes in the following ways:

• To provide you with advertising for our Services. We may use information we have collected or received from or about you through use of the Service or from third parties to provide you with marketing information, offers and advertisements for our Services or to exclude you from receiving certain marketing information, offers or advertisements. Our activities with respect to such marketing information, offers and advertisements may occur through our Services or third-party websites and platforms.
• To provide you with more relevant online advertising. We and our advertising partners may also use information obtained about you through your use of our Services or from third parties, or gathered through cookies and similar technologies, to deliver more relevant online advertising to you across other computers, devices, websites, and online services that you may use (“interest-based advertising”). Advertisers, advertising technology companies, and service providers that perform advertising-related services for us and our business partners may use cookies, web beacons, tags, and other technologies to collect information from or about you to tailor advertisements, measure advertising effectiveness, and enable other enhancements. You may be able to opt out of certain types of interest-based advertising as described below in the “Information Choices and Changes” section.
• To provide others with more relevant advertising. We and our advertising partners may also use information collected from or about you by us or our advertising partners and information we obtain about you from third parties to deliver advertising that is targeted for individuals with similar interests. We may combine aggregated and/or de-identified information to create groups based on actual or assumed shared interests and/or factual characteristics.

Network and Information Security

We use safeguards to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Be sure to use a strong password (no, password123 isn’t a strong password). To be more secure, it’s best if you don’t use the same password that you’re using in other places.

Information Choices and Changes

Marketing Contacts

You have choices about how we contact you for marketing-related communications.

• If you don't want us to contact you for marketing, call Boost Customer Care toll-free at (866) 957-7772 or go to our website at https://www.dish.com/donotcontact/wireless/.
• If you ask us not to contact you about marketing, we still may contact you for non-promotional purposes, like using emails or wireless messages related to your account or our ongoing business relations.

Advertising

We work with advertisers and advertising networks that serve ads on our sites, use cookies, web beacons, and other technologies to collect information about your use of our sites and other websites.

You can learn more about interest-based advertising, and opt out of certain uses of personal information, by visiting the sites below:

• The Digital Advertising Alliance (DAA) lists participating companies and provides an opt-out at http://www.aboutads.info/choices/. To opt out of targeted advertising through mobile applications, please visit https://youradchoices.com/appchoices.
• The Network Advertising Alliance provides an interest-based advertising opt-out for its member companies at http://www.networkadvertising.org/choices/.

You also might continue to receive advertising from us and others we work with even if you use these opt-outs.

Cookies and Do Not Track

Certain parts of our Services require cookies. You may adjust your device or Internet browser settings to limit certain tracking or to decline cookies, but by doing so, you may not be automatically recognized upon revisiting and may not be able to use certain features of the Services or take full advantage of all of our offerings. Please refer to your device’s settings or your Internet browser’s “Help” section for more information on how to delete and/or disable your device or browser from receiving cookies or controlling your tracking preferences.

We might not recognize “Do Not Track” requests or headers from some or all Internet browsers.

Account Information

If you’d like to change certain Boost Infinite account information, create an online account and manage your account online. For more information, visit our website at www.boostinfinite.com.

Third-Party Services and Websites

When you access a third-party service, application, or website, even when doing so through our Services, you should review the privacy statements of the third party to understand what information they may collect and keep. We are not responsible for the practices of such third parties.

You may also choose, when available, to connect your account with third-party accounts, including with third-party social networks. If you share information about your usage of or activities on our Services with such third-party accounts, then the collection, use, and disclosure of such information will be subject to that third party’s privacy policies, which may differ from our own. We are not responsible for the practices of such third parties.

State Specific Privacy Rights

California, Colorado, Connecticut, and Virginia

California, Colorado, Connecticut and Virginia give residents the right to know what categories of personal information are collected about them and how it will be used, disclosed, and sold or shared. The purpose of this section of the Notice is to provide residents of these states with a description of our practices regarding the collection, use, disclosure, correction, deletion, and sale or sharing of personal information.

Categories of Personal Information Collected

We have collected the following categories of personal information about consumers in the preceding 12 months.

Categories of Personal Information Sold or Shared

We sell or share the following categories of personal information: identifiers, imprecise geolocation such as IP address, inferences, commercial information, and internet or other electronic network activity information. We sell or share these categories of personal information to data analytics providers, advertising partners and/or networks, social networks, and data brokers. We do not knowingly sell or share personal information about persons under the age of sixteen.

Categories of Sources of Personal Information

We collect the personal information identified in the chart above from the following categories of sources:

• From you and your transactions with us, such as when you request a product or service, or give us your contact information
• From our affiliates
• From others, including consumer reporting agencies and third parties that provide us with demographic and other information
• From publicly available sources

Personal Information We Disclose for a Business Purpose

There are a number of circumstances where we disclose personal information to companies who work on our behalf to help us provide the Services. We disclose the categories of personal information described in the chart above to affiliates and other companies to provide the Services; measure the performance of our network and your devices; and for eligibility verification, fulfillment, and administrative purposes.

Your Data Rights

Residents of California, Colorado, Connecticut, Virginia have the right to request certain actions with respect to their personal information. Residents of these states may:

• Request that we disclose what categories and specific pieces of personal information we collected about you in the preceding 12 months, the business purposes for such collection, the categories of sources from which we collected the information, the categories of personal information we sold or disclosed for a business purpose, and the categories of recipients of such information
• Request deletion of any personal information about you that we have collected from you subject to certain legal exceptions
• Correct inaccuracies of any personal information about you we have collected from you
• Opt-out of the sale or sharing of your personal information, or of targeted advertising
• Appeal the denial of any of your access requests

If you choose to exercise these rights, you will not receive discriminatory treatment by us for your exercise of your rights.

How to Submit an Access, Deletion, or Correction Request

If you would like to submit a privacy rights request for access, deletion, or correction please contact us at (866) 957-7772 or visit our Privacy Portal.

How to Opt Out of the Sale or Share of Personal Information, or of Targeted Advertising

To opt out of the sale or sharing of your personal information or targeted advertising, please please contact us at (866) 957-7772 or visit our Privacy Portal.

Verification of Your Identity

To process your request for access, deletion, or correction we must be able to verify your identity to a reasonable degree of certainty. To do so, you must provide the required identifying information when completing the online request form or making a request through one of our customer service agents. We will ask you to provide your contact information and an additional identifier based on your relationship with us. Before we process your request, we will match these data points with data points we currently maintain to verify your identity and your relationship with us.

Responding to Your Deletion Requests

Please note that we may not be required to delete information under certain circumstances such as exemptions for data that is necessary to complete a transaction or for a legal compliance purpose, to detect security incidents, or for certain other internal purposes.

Authorized Agent Requests

You can designate an authorized agent to make a request to know, delete, correct, or opt out on your behalf. When you use an authorized agent to submit a request for access or deletion, you must provide the authorized agent with written permission to do so, and, in certain circumstances, we may ask you to verify your own identity directly with us. We may deny a request from an authorized agent that does not submit proof that they have been authorized by you to act on your behalf.

Limit the Use of My Sensitive Personal Information

California residents have the right to limit the use of their sensitive personal information. Boost Infinite does not use or disclose sensitive personal information without your consent for purposes other than those specified in the CCPA.

Nevada SB 220

Nevada law permits Nevada residents to make certain requests about how their personal information is shared with third parties or affiliated companies. To make such a request, please visit our Privacy Portal.

Questions or Concerns?

If you have any questions or complaints about this Notice please click on the Customer Support tab or call Customer Care toll-free at (866) 957-7772. If you prefer, you also may write us at DISH Legal Department, Attn: Privacy, P.O. Box 6655, Englewood, CO 80155-6655.

Changes to This Notice

We may modify this Notice at any time. We will notify you of any material changes (or changes required by applicable law) through written, electronic, or other means as permitted by law.

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Terms & Conditions

In the spirit of transparency, we created these user-friendly terms and conditions to help you have a better understanding of what you’re signing up for.

The Deal. We will use the term “The Deal” to refer to your contract with us in general. The Deal includes details about how you can use our Services. The Deal is between you and us and has several parts to it. Some of the other parts of The Deal are listed below, and when we use the term The Deal we mean all of its parts:

1. The Offer
2. Dispute Resolution Policy
3. Privacy Policy
4. Emergency Services Limitations and Regulatory Disclosures Rules of the Road
5. Electronic Signature and Communications Disclosure and Consent
6. Do Not Contact Policy
7. Caller Identification Policy
8. Boost Infinite App Terms and Conditions
9. Return Policy
10. Unlocking Policy

We/Us/Our/Boost Infinite. We use “we”, “us”, and “our” interchangeably with Boost Infinite when referring to ourselves (DISH Wireless L.L.C.) to make this easier to read.

Affiliates. We sometimes use our subsidiaries, parents, or companies that one of our parent companies owns or controls, to provide the Service or help us provide the Service. We refer to these companies as affiliates. While these companies might help us provide the Services, The Deal is with us (Boost Infinite).

You/Your. Boost Infinite Customers will be referred to as “you” or variations on that (such as, “your”). If the account is your account but others use it (e.g., family and friends where allowed), then “you” means each person using the account. Everyone using the account is bound by The Deal.

Phone. The word “Phone” is a catchall for any device or any other product or accessory used with our Services. We realize some of these may not technically be phones, but we call them “Phones” to cut down on repeating a long list of potential devices, like mobile phones, tablets, hotspots, phone covers, screen covers, pop sockets, maybe some cute stickers to put on your phone or phone case…. oh, sorry. We’re doing it again.

Services. We use the word “Service(s)” as a general term referring to any and all Boost Infinite-branded wireless services, offers, rate plans, options, payment services, apps, programs, products, software, etc. Phones and Services you order from us are covered by The Deal. Again, the goal here is to cut down on repetition, saving you the headache, like the one we got when our lawyers sent us the first draft of this thing.

The Offer. A variety of different offers may be made available to you. The Offer you receive explains how, and how much, you will pay for your Services (including any Value Added Services you’ve selected), and what you will get such as unlimited data, the ability to use your Phone for talk and text, cool apps we might provide, etc. The Offer, along with the Rules of the Road (aka Acceptable Use Policy), may also tell you the parameters of your Services, such as data limitations, as well as Value Added Services you may be able to purchase for an extra fee and information about each one of those, such as Hotspot data caps.

Ready? We suggest getting comfy, with a nice cup of coffee while you read. Our team has painstakingly combed over this to make sure it’s as reader-friendly as possible. We’re cool like that.

When Does the Deal Begin?

The Deal begins as soon as you sign up for an account. You have to accept The Deal to set up your account and to sign up for Services. As a friendly heads-up, we may make changes to The Deal from time to time. Any and all changes will apply immediately if you decide you want to continue using our Services. It’s a good idea to check the Deal from time to time to see if they have been updated. If we make changes to The Deal, the changes will be posted here.

Please read The Deal carefully. The Deal describes how we will provide our Services, and the limitations/requirements of using our Services. In other words, it sets the rules you and we both have to follow.

So, What Do I Get (aka The Offer)?

The Offer contains the details of the specific Services you get when you sign up with Boost Infinite along with how much you will pay for them.

Your Account

First, an account holder that is at least 18 years old will need to set up an account with us to receive a Phone (if you purchase or finance one with us) and to activate your Services. If you don’t activate your Phone thirty (30) days after you set up your account, we may activate it for you any time on or after that thirtieth (30th) day. At that time, your monthly recurring charges and any applicable Service commitment will begin. Make sure all account information you give us is accurate and remains current. If you provide false or inaccurate information, we have the right to refuse you our Services or if you’re already receiving Services, terminate them. You are responsible for any activity that occurs on or through your account.

You’re also responsible for keeping your account information like passwords, personal identification numbers (PINs), social security numbers, and other personal information secure. So, do everything you can to prevent others from using your account. If someone accesses your account illegally, contact us ASAP using the Boost Infinite App, or call us at (866) 957-7772.

Network Coverage

Realistically, we can’t guarantee service absolutely everywhere, all of the time. Factors such as your Phone, location, surrounding environment, weather, geography, topography, DEEP breath server speeds of the websites you access, network problems, network or internet congestion, software, signal strength, or actions of third parties can all impact the speed of your Service.

As a result, you may occasionally experience Service interruptions, and delays, or have your experience limited in other ways. We do our best to provide the best service we can, but ultimately, we aren’t responsible for any interruptions, delays, or limitations of your Service caused by these or other factors.

Roam if you want to (as long as there is coverage). When we talk about “roaming,” we are talking about coverage on a network other than ours. Your Phone should let you know when you’re roaming. During roaming, the storage, treatment, and transfer of your personal data may be subject to different regulations than the regulations of your home country. As a general heads-up, our right to provide coverage on another carrier’s network may change from time to time, and roaming coverage may change without notice and may not always be available. Separate charges or limits for voice or data Services may apply while roaming. The details of these charges are outlined in your Offer.

Let’s Talk About Canceled or Suspended Services.

You may cancel your Service at any time using the Boost Infinite App or by calling us at (866) 957-7772.

You may still have some obligations to us under The Deal, though. For example, you still have to pay any amount still owed to us, such as charges for Services for the billing cycle, or for the Phone you financed from us.

If you (or we) cancel your Service before the end of your billing period, you will be charged for the full billing cycle — your charges won't be refunded or prorated. You will have access to your Services until the end of the billing cycle. If you cancel your Service within the first thirty (30) days of your order, you will be eligible for a full refund under the 30-Day Money-Back Guarantee Policy.

We have the right to cancel, modify, or suspend your Service at any time, for any reason. Here are some of the reasons we might do this:

• If a court or government agency says we have to
• We or you lose, for any reason, the right to use networks or other facilities required to provide your Services
• You violate the terms of the Rules of the Road or The Deal.
• You behave badly online, such as abusing our employees or representatives, using our services in ways that we believe are illegal or harm others, providing us with false information, using the Services in a way that harms our network or another network we rely on, or using the Service for things like spam or abusive, threatening or offensive messages.

If your Service ends for any reason, your right to use any software you got in connection with your Service also ends, and we have the right to delete any data, files, or other information associated with you, your account, or Services. You must also pay all charges for the Service up until the date your Services end. This applies whether it was you or us who decided to cancel or terminate your Service.

If we suspend your Service, you must still pay any charges while it is suspended.

Billing and Payment

You agree to pay all charges for your Service each month. You must make all payments with a credit card or debit card. We will automatically charge your credit or debit card each month, beginning when your account for your Service is activated (aka AutoPay). We have the right to change the type of card accepted at any time, for any reason.

During your time using our Services, we store your credit or debit card information we need to charge your card each month for all charges for your Service and/or the Phones you use. If your card expires, it is probably a good idea to update this payment information so you don’t get any delays in Service.

If your AutoPay method fails, you give us the right to retry your Payment Method. We can do this multiple times until we are able to obtain payment. We may, if and whenever we choose to do so, remove you from AutoPay and/or remove your payment method that we have on file.

You have a 10-day grace period to pay by updating your method of payment or calling us at (866) 957-7772. If you don’t pay even after the grace period, including if you disagree with charges we make to your card, we have the right to suspend or terminate your Services until the charges are paid or the dispute is resolved.

You are still responsible for all charges if your card is rejected or if charges are disputed. The reason for rejection, or dispute information, is available in the Boost Infinite App.

Charges

The Offer describes how much we will charge you for your Services. Some of the charges you may see on your bill are:

• Monthly recurring charges for your Services
• Monthly charges for Phones you finance with us
• Charges for content or services provided by third parties that you purchase or order from us
• Taxes and fees charged by governmental entities, including any surcharges the government makes us include

You’re responsible for paying all charges specified in The Deal and your Offer.

Third-Party Billing

Certain apps, games, or other mobile services, not affiliated with us, may attempt to place charges on your account but we don’t allow any third-party charges, including charges for 900 and 976 services. We automatically block all third-party charges for all customers, at no additional cost. You are not required to request blocking for third-party charges and we cannot accommodate any requests to unblock a customer's account to allow for third-party charges.

Be Careful With Content

You can access many different types of content using our Services and your Phone, such as the internet, email, text, games, video, music, graphics, sound, applications and other materials. You can also use your Phone to create and store pictures, video, and/or audio recordings.

We probably don’t need to tell you this, but be careful when you’re on the internet. We have no control over, or any responsibility for, the content that you access or create using your Phone and Service.

We are not responsible for any damage caused by any content that you access or create using your Phone and Services.

Safety & Emergencies

At Boost Infinite we want you and all of our customers to be as safe as possible. So, we're super excited to highlight some info about how we collect and use your information for emergency services that help keep you safe. We work hard to give you reliable 911 emergency service so you can ask for help from first responders and to provide you with Wireless Emergency Alerts that you can choose to receive from authorities about emergency situations in your area. But, we have to tell you about some limits of those services. We highlight a few things here, but you should familiarize yourself with the fuller details by reviewing our Emergency Services Policy because your use of our Service means that you agree to how we handle stuff in emergency situations, like info about where you are located.

As you probably already figured out, 911 and alert services rely on the location and other information obtained from your Phone, and from you. We are required to collect and use location information when you contact 911 so police, fire, and rescue people find you, and we want you to receive only the Wireless Emergency Alerts that apply to the area you're in.

But, even as hard as we work, these and other systems face real-world limits that we cannot do anything to change. For example, our ability to locate your Phone for a 911 emergency or to transmit an alert relies on radio waves that can be blocked in many different ways. And, there's other stuff that could prevent you from contacting 911 or receiving Wireless Emergency Alerts; like, if you are in an area without coverage or you are a prepaid customer who does not pay a bill in time. If you're using our Wi-Fi calling service, you must provide physical location information when you start that service, and to keep that info current.

Don't get us wrong: We are proud of all the stuff we've done to keep you safe, but we need you to know that nothing is perfect, even as hard as we try. These are just a few examples of some things that could go wrong, and you should check out the full details on how we collect and use your information to keep you safe in an emergency on our website: https://www.boostinfinite.com/.

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Thanks for keeping it real, and know that Boost Infinite wants you to be as safe as can be.

Privacy and Customer Proprietary Network Information (“CPNI”)

We collect some information, known as CPNI, about the products and Services you use. We use this information to provide the Services to you, to protect you from fraud, and for other purposes allowed by law. See our Privacy Policy for more information about the types of information we collect.

Disclaimer of Warranties

The Service is provided “as is” and “as available,” without warranties of any kind. In some cases, the Phone manufacturer may give you a warranty directly. To the maximum extent allowed by law, we make no representations or warranties, express or implied, including any warranty of non-infringement, any implied warranty of merchantability or fitness for a particular purpose, including security or authentication purposes, concerning any service or other product we provide, including your Phone, the Service, or any applications or software on your Phone. We also don’t authorize anyone to make any warranties on our behalf.

We are not responsible for any software, applications, or other products or services provided by third parties. If someone gains unauthorized access to your communications, that’s usually against the law. However, we can’t guarantee that this won’t happen or that your communications will be private or secure as a result.

That’s why we don’t represent or make any assurance that your communications using the Service will be private or secure. This includes, but is not limited to, the availability and reliability of 911, E911, and Text-to-911. We make no representation and can provide no assurance that 911, E911, Text-to-911, location services, or any other services or software provided by third parties will work in either emergency or non-emergency situations. Please refer to our Emergency Services Policy.

If you download or obtain in any way any data, software, technology, or information using the Service, your Phone, or third-party services, devices, applications, or software, this is your responsibility and you take all risks. We are not liable or responsible for any damage that such information, software, technology, or data may cause.

Limitation of Liability

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We are not liable for any direct, indirect, alleged, incidental, punitive, or consequential damages of any kind (including, without limitation, lost profits and all business or operational related losses, if any) arising out of, or related to, your services, and/or any products or services provided by third parties pursuant to The Deal or otherwise obtained from us. Our total liability for all reasons arising out of, or related to, your service or your phone(s) is limited to service credits that will not exceed five hundred US dollars ($500).

Indemnification

Unless limited by law, you agree to defend, indemnify, and hold us and our past, present, and future directors, officers, employees, agents, licensors, parent company, representatives, and affiliates harmless from any and all claims of any person or entity for damages, fines, penalties, or expenses of any nature arising out of or relating to, directly or indirectly:

1. Your access to, use of, or inability to access or use the Service;
2. Your violation of the terms of The Deal or the Rules of the Road;
3. Your negligence, willful misconduct, violation of law, or infringement of anyone’s intellectual property rights;
4. Any other claim, demand, action, or complaint by any person or entity claiming by or through you that in any way arises out of or relates to the Services;
5. Any unauthorized access to or use of the Service by any third party, regardless of whether such unauthorized access is unintentional, accidental, intentional, or fraudulent and regardless of whether you had knowledge of such unauthorized access.

License

As long as you comply with the terms of The Deal, you have a revocable, nonexclusive, non-transferable, limited right to install and use software we provide to you solely for your personal, lawful, non-commercial use on your Phone and only as permitted by the terms of the Deal.

Your use of any software is at your own risk. You agree not to, directly or indirectly:

1. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Service, including your Phone;
2. Modify, translate, or create derivative works based on the Services and/or your Phone;
3. Remove any proprietary notices or labels on the Services, or your Phone.
4. You may not assign, transfer, sublicense, copy, reproduce, redistribute, or resell any software we provide to you unless applicable law requires us to allow it.

Intellectual Property

Phones, software, and Services that we provide to you are protected by copyright, trademark, and/or patent law.

You agree not to delete or alter the copyright, trademark, and other proprietary rights notices or markings appearing on, or in connection with your Service, or appearing on software or applications we provide to you or that appear on your Phone.

Any third-party intellectual property included in the Service or your Phone is the property of the owner of such intellectual property and may be protected by applicable law and any terms or conditions that the third party imposes. Nothing in The Deal gives you any right or license to any trademarks and/or trade names (whether registered or unregistered), signs, logos, icons, slogans, banners, screenshots, visual branding, links, or other brand features of Boost Infinite. You cannot use these without our prior written consent. We can give or deny such consent for any reason or no reason.

Notices

Sometimes we are required to, or decide to inform you, about certain things about your Service in writing. We will send these to the contact information provided by you, as shown in your account records. We can send these notices and communications using any of the following that we have in our records or that you provide to any of our affiliates or agents (like an employee at a Boost Infinite branded store, for example):

• Your email address(es)
• Any Phone being used in connection with your Service
• Next-day delivery service (FedEx or USPS) to your physical or postal address

Any notice(s) to us pursuant to The Deal must be sent to us, with some form of tracking, at:

DISH Wireless L.L.C.
5701 S. Santa Fe Drive
Littleton, Colorado 80120
Attn: General Counsel

Third-Party Beneficiaries

The Deal is between you and us and does not, and is not intended to provide any benefit or any rights to any other person or entity.

Miscellaneous

You acknowledge and agree that you are not relying on any information, representations, or warranties other than as included in the terms of The Deal and The Offer. You may not make any changes to The Deal, and if you try to do so, those changes will not be valid. If we do not enforce strict compliance with any provision of The Deal at any time, this is not a waiver of our right to do so at another time.

If we, or you, do things that conflict with, or are not permitted by, the terms of The Deal, that does not change the terms of The Deal in any way. You may not assign The Deal without our prior written consent. The Deal is binding on you and us, including personal and legal representatives, successors, and permitted assigns.

If any term of The Deal is held to be invalid or unenforceable, that will not affect the validity and enforceability of the remaining terms of The Deal. If, for any specified timeframe or deadline, the last day or the deadline is a weekend or holiday, the time frame or deadline will automatically extend to the next business day. Agreement headings are provided for reference purposes only.

California Notice

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Contact Us

If you have any feedback, questions, or comments, please contact us at:

DISH Wireless L.L.C.
5701 S. Santa Fe Drive
Littleton, Colorado 80120

DISPUTE RESOLUTION, MANDATORY AND BINDING ARBITRATION AND CLASS ACTION WAIVER (THE “ARBITRATION PROVISION”)

Mandatory and Binding Arbitration

If we have a Dispute (as defined below), we will first try to resolve it informally. If we can’t, then you and we agree to resolve the Dispute either through binding arbitration or in small claims court, instead of in courts of general jurisdiction (i.e. courts other than small claims courts). You acknowledge and agree that, if you or we start an action in small claims court to resolve a Dispute, but the small claims court can’t resolve the Dispute for any reason (for example, if it does not have jurisdiction over the claim), then the Dispute can only be resolved by arbitration. Arbitration means that you will have a hearing before a neutral arbitrator rather than before a judge or jury in a court. The arbitrator is the person who will oversee and decide the Dispute. Arbitrators can award the same remedies that a court can award. In arbitration, discovery (where we get to ask each other for information about a dispute) is limited, and decisions made by arbitrators are final and only subject to limited review by courts.

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You and Boost Infinite are each agreeing to waive the right to a trial by jury or a trial by judge (other than in small claims court), except where prohibited.

You and we both agree the Federal Arbitration Act (the “FAA”) governs this Arbitration Provision. You still have the right to bring any concerns you may have to the attention of federal, state, or local agencies (for example, the Federal Communications Commission) and if the law allows, those agencies can seek relief against us on your behalf.

Dispute Defined

When we use the term “Dispute” (with the capital D), it means any and all claims, disputes, or disagreements we have currently have, might have in the future, or had in the past unless it’s one of the few exceptions we describe below, under Exceptions. A Dispute can be about anything related to The Deal, The Offer, or the Service, and can involve the terms of The Deal, The Offer, any type of law (such as a statute, regulation, or ordinance), tort (examples are fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort) or anything else that courts or arbitrators have the authority to decide. Whether the Arbitration Provision is valid or enforceable, and what it covers, is one type of Dispute. “Dispute” should be interpreted as broadly as is allowed. Some other examples of what a Dispute might be based on are:

1. The Deal, The Offer, or any other agreement between you and us;
2. Boost Infinite devices or products (such as your Phone);
3. Billing, collection, and credit reporting;
4. Telephone calls, texts, faxes, and emails that you claim you received from us and/or a party acting or claiming to act for us; and/or
5. Collection, retention, and/or disclosure of personally identifiable information by us or by our agents.

For purposes of this Arbitration Provision, any reference to “Boost Infinite” includes DISH Wireless L.L.C., DISH Network Corporation, and any of its direct and indirect affiliates, past or present.

Informal Dispute Resolution; Notice and Opportunity to Resolve

Before starting a formal action, each of us agrees to try to resolve any Dispute informally (“Informal Process”). This means that neither of us is allowed to start arbitration or an action in small claims court for at least sixty (60) days after one of us gives notice of a Dispute to the other. Either of us may start the Informal Process to resolve a Dispute by sending the other a written document titled a “Dispute Resolution Notice.” A Dispute Resolution Notice must include the following information:

1. Your name, account number, and contact information;
2. A description of what the Dispute is about; and
3. How the party giving the Dispute Resolution Notice wants to resolve the Dispute.

You must send your Dispute Resolution Notice to: DISH Wireless L.L.C., Attn: Dispute Resolution, P.O. Box 9040, Littleton, Colorado 80120-9040 (the “Legal Dispute Notice Address”). We must send our Dispute Resolution Notice to the billing address we have for you in our records when we send it. If we can’t resolve the Dispute within sixty (60) days after the Dispute Resolution Notice is received, then either of us have the right to start binding arbitration or begin an action in small claims court according to the procedure explained in this Arbitration Provision.

Arbitration Procedures

This paragraph explains how we conduct an arbitration to resolve a Dispute. Unless you and Boost Infinite agree to different procedures in writing, the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) will apply (except that any rules for class or collective actions will not apply. The AAA will run the arbitration process, and a single, neutral arbitrator will be in charge of the Dispute. The AAA Rules are available online at the AAA’s website (as of October 25, 2022, www.adr.org), or by calling the AAA (as of October 25, 2022, (800) 778-7879).

If you prefer, we will give you a copy of the AAA Rules if you make a written request to DISH Wireless L.L.C., Attn: Dispute Resolution, P.O. Box 9040, Littleton, Colorado 80120-9040. The arbitration will be in the county where your billing address is located according to Boost Infinite’s records on the date the Dispute Resolution Notice is sent and the laws of the state that county is in will apply to anything related to The Deal, your Service, and your Products. However, you and we can instead agree, or the arbitrator can order, that the arbitration will: happen at a different location; be remote, using video or telephones; or be based only on things you and we submit in writing. The arbitrator will be bound by the terms of The Deal, including this Arbitration Provision. The arbitrator, and not any other agency or court, will make the decisions about the Dispute. The party who decides to start arbitration must open a case by filing a “Demand for Arbitration” with the AAA. To start arbitration, the requesting party must:

1. Make a demand in writing for arbitration;

2. Pay the administrative filing fee; and

3. Give the AAA a copy of this Arbitration Provision

This process can be completed using an “AAA WebFile” (you can find this on the AAA’s website (www.adr.org)), or at any AAA office, even if the hearing will not be in that location.

Applicable Law

If you choose to take the Dispute to small claims court, the law of the state that court is located in applies. If for any reason the Dispute does not go to arbitration or to a small claims court, or this Arbitration Provision is found to be invalid, then the laws of Colorado will apply to The Deal and everything relating to it, the Services and the Products.

The Arbitrator’s Decision (aka The Arbitrator’s Award)

The arbitrator’s decision will resolve each of the Disputes presented by the Demand for Arbitration (including things such as the amount one side has to pay the other, and things one side might have to do, etc.) and explain in writing the important findings and conclusions made by the arbitrator. The arbitrator’s decision is a final and binding resolution of the Disputes between you and us, but shall not be binding on Boost Infinite with regard to any other Boost Infinite customer. If you or we ask a court to review the decision, the court’s ability to review is limited. An Award by the arbitrator can be filed with any court with jurisdiction (which means the legal power of a court to review the Arbitrator’s decision), in order to enforce the award.

Costs of Arbitration

If you start the arbitration process and you agree to seek less than $75,000 in damages, once Boost Infinite receives notice of arbitration, we will reimburse you for the filing fee. We will also pay the AAA directly for any fees charged by the AAA for case management and fees for the arbitrator’s services. However, if you start arbitration and don’t agree to seek less than $75,000 from us, then AAA Rules will apply to determine who pays any fees.

Class Action Waiver

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Neither you nor we are permitted to join or combine claims made by, or against, other people or other entities, or bring any claim as a representative, including, but not limited to, as part of a class action or as "private attorney general" for any dispute.

Additionally, unless both you and we agree in writing:

1. The arbitrator may not combine any Dispute with other claims, and
2. The arbitrator may not preside over any kind of representative or class action.

If any portion of this Arbitration Provision is found to be unenforceable, then, except for choice of law and informal dispute resolution provisions, this entire Arbitration Provision is null and void.

Right to Opt Out

If you do not agree to this Arbitration Provision, you have 30 days after you set up an account with us, you start your Services, or you receive a Phone, whichever happens first, to opt out of this Arbitration Provision. To do that, send a written notice to Boost Infinite at DISH Wireless L.L.C., Attn: Dispute Resolution, P.O. Box 9040, Littleton, Colorado 80120--9044 that has:

1. Your name and account number;

2. The address you provided to us for your account; and

3. A clear statement that you do not wish to resolve Disputes with us through arbitration.

You may download and use the form Opt-Out Notice from our website. (https://www.boostinfinite.com/terms/Arbitration-Opt-Out) If you decide to opt out of this Arbitration Provision, it won’t negatively affect your relationship with us or our delivery of Services. If we get a notice to opt out postmarked after the thirty (30) day period described above, it won’t be valid and you will be bound by this Arbitration Provision.

You may download and use the form Opt-Out Notice from our website. (https://www.boostinfinite.com/terms/Arbitration-Opt-Out)

If you decide to opt out of this Arbitration Provision, it won’t negatively affect your relationship with us or our delivery of Services. If we get a notice to opt out postmarked after the thirty (30) day period described above, it won’t be valid and you will be bound by this Arbitration Provision.

Future Changes to this Arbitration Provision; Costs

We may make changes to this Arbitration Provision in the future. If we do, unless it’s a change to the Legal Dispute Resolution Notice Address, you may reject those changes by sending a written notice to the Legal Dispute Resolution Notice Address within thirty (30) days after we inform you of the changes (or at any time if we don’t inform you of the changes). If you reject changes we make in the future, you are still required to resolve Disputes using the version of the Arbitration Provision that doesn’t include those changes. The thirty (30) day period for you to reject the change starts either:

1. If we send it by U.S. mail, three (3) days after we first give the document explaining the change to the U.S. mail for delivery to you (by any method, such as on a mailed bill, a bill insert, a notice, a letter or a postcard), addressed to you at the billing address we have for you in our records; or
2. When Boost Infinite first sends an electronic communication to you using your electronic contact information (this can be any means of electronic communication, such as email or via text message to your current phone number) from our records.

Expenses Outside of Arbitration

If either you or we start a case with a court or other agency (other than an action in small claims court, as allowed) and that case involves a dispute that was supposed to go to arbitration under this Arbitration Provision and the other party successfully gets the Dispute sent to arbitration, then the party that started the case must pay the other party’s reasonable attorneys’ fees, expenses, and court costs related to moving the case to arbitration.

Exceptions

If you are getting Services from us that you were not authorized to receive and that you didn’t pay for, whether through theft or otherwise, then no Dispute shall not be covered by this Arbitration Provision and may only be decided by a court with the appropriate authority. In addition, if either of us brings a claim that seeks “public injunctive relief” (an injunction that seeks to prevent injury to members of the public, other than just the party seeking the injunction), then that claim may only be decided by a court with appropriate authority. However, any related claim for damages based on a Dispute must still be resolved on an individual basis in arbitration or small claims court. In the case of each exception, you and we agree that the arbitrator lacks the authority to decide such claims.