Terms and Conditions

Below are the Upward Mobile Affordable Connectivity Program Terms & Conditions of Service.  Please read the Upward Mobile Affordable Connectivity Program (“ACP”) Terms and Conditions of Service (“Agreement”) carefully. This Agreement is legally binding between you and Upward Mobile and becomes effective when you enroll in Upward Mobile’s ACP service, use the Upward Mobile ACP service, or make a change to your account. These terms and conditions of Service contain important information about your legal rights and require that certain disputes be resolved through Arbitration instead of a court trial. Upward Mobile reserves the right to change or modify this Agreement at any time and at its sole discretion. Any changes or modifications to this Agreement will be binding upon you, once posted on the Upward Mobile website at www.upwardmobile.net. You should check the Upward Mobile website regularly for updates to this Agreement.

The Service Agreement: The service agreement consists of this Agreement and the Upward Mobile General Terms and Conditions, and any other policies or documents referenced herein or therein.

Nature of Service: The ACP is a Federal Communications Commission (“FCC”) benefit program designed to help make broadband more affordable for eligible low-income households. The ACP will provide a discount of up to $30 per month towards broadband service or up to $75 per month for households on Tribal lands, as defined by FCC rules. Eligible households can also receive a one-time discount of up to $100 to purchase a laptop, desktop computer, or tablet from participating providers if they contribute more than $10 and less than $50 toward the purchase price. The ACP is limited to one monthly service discount and one device discount per household. ACP benefits may be obtained from any participating provider and the monthly service benefit may be transferred to another provider subject to certain regulatory restrictions. The ACP benefit is subject to consumer eligibility, provider participation, product availability, and approval by the FCC and its ACP administrator, the Universal Service Administrative Company (“USAC”). This ACP discount benefit is provided each month the customer maintains ACP services and eligibility.

By applying or subscribing to Upward Mobile services supported by the ACP, you authorize Upward Mobile and its contracted partners, for the purpose of applying for, determining eligibility, enrolling in and seeking reimbursement of ACP service and device benefits, to collect, use, share and retain your personal information, including, but not limited to, information required for the purpose of establishing eligibility for and enrolling in the ACP program, full name, full residential address, date of birth, last four digits of social security number, telephone number, eligibility criteria and status, the date on which the ACP service discount was initiated and (if applicable) terminated, ACP connected device distribution date/type/make, usage status and other compliance requirements, the amount of support being sought for the service and/or device, and information necessary to establish identity and verifiable address. The information collected may be shared with USAC to ensure proper administration of the ACP service and/or connected device benefits. Failure to provide this FCC mandated consent will result in your being denied the ACP service and/or the connected device benefits. You also authorize Upward Mobile and its contracted partners to contact you to validate your eligibility for or desire to participate in Upward Mobile ACP offers. For more information see our General Terms and Conditions and our Privacy Policy at www.upwardmobile.net.

Eligibility: To qualify for enrollment in the ACP, a person applying for ACP service, or “applicant,” must meet specific eligibility requirements and have a service address in a location where Upward Mobile is authorized to offer ACP service as an approved Broadband Service Provider.

A household is eligible if one member of the household meets at least one of the criteria below:

• Qualifies for the ACP program: https://www.upwardmobile.net/terms-and-conditions/
• Has an income that is at or below 200% of the Federal Poverty Guidelines for a household of that size;
• Receives benefits from certain federal assistance programs: Medicaid, Supplemental Nutrition Assistance Program (SNAP), Supplemental Security Income, Federal Public Housing Assistance, Veterans and Survivors Pension Benefit, or Special Supplemental Nutritional Program for Woman, Infants and Children (WIC) Program;
• Is approved to receive benefits under the free and reduced-price school lunch program or the school breakfast program;
• Received a Federal Pell Grant during the current award year; or
• Meets the eligibility criteria for a participating providers’ qualifying low-income.

Households on Tribal lands are additionally eligible to receive an ACP discount if a member of the household meets one of the criteria below:

• Receives Bureau of Indian Affairs General Assistance;
• Participates in Head Start (only households meeting the income qualifying standard);
• Receives Tribal Temporary Assistance for Needy Families (Tribal TANF); or
• Participates in the Food Distribution Program on Indian Reservations.

Your eligibility to participate in the ACP will be determined by the National Verifier, which is administered by USAC.

Application Process: New ACP customers who are enrolled in Upward Mobile‘s ACP services will receive one (1) SIM Card enabling the user to access the Upward Mobile network with a compatible GSM device.  ACP Participants may also qualify for a one-time discount of up to $100 on a connected device. If the participant has not yet received their one-time discount, they may receive one (1) broadband enabled Connected Device provided by Upward Mobile in accordance with its Handset Policy and the ACP guidelines.

One ACP Discount Per Economic Unit Rule: ACP support is limited to one economic unit per household and consists of broadband service. An economic unit is defined, for purposes of the ACP, as any individual or group of individuals who live together at the same address and share income and expenses. An economic unit is not permitted to receive ACP benefits from multiple providers. Violation of the one benefit per economic unit rule constitutes a violation of the federal rules and will result in de-enrollment from the ACP and potentially prosecution by the United States government.

You consent to have your personal identification information, including name, telephone number and address shared with USAC and/or its agents to confirm that neither you nor your household receive more than one ACP benefit.

ACP Benefit Transfer Consent. If you or any member of your family unit receives ACP Assistance from any other telephone company or broadband internet provider, you consent to have your benefit transferred to Upward Mobile when you apply for and enroll in ACP services with Upward Mobile. The effect of an ACP benefit transfer is that your ACP benefit will be applied to Upward Mobile’s ACP service and will no longer be applied to service retained from your former ACP service provider. You may be subject to your former ACP provider’s undiscounted rates as a result of the transfer if you elect to maintain service from that provider. ACP rules limit you to one ACP benefit transfer transaction per service month, with limited exceptions for situations where a subscriber seeks to reverse an unauthorized benefit transfer or is unable to receive service from a specific provider.

ACP and Lifeline: Customers may have one ACP and one Lifeline benefit per household. These discount benefits may be combined and applied to the same service or they may be applied to two separate services. The ACP benefit is separate from the Lifeline benefit. You are not required to opt-in to the ACP, and you can continue to receive your Lifeline service without enrolling in the ACP. You may choose to take ACP benefits from a service provider other than your existing Lifeline provider.

ACP Benefit Availability: The ACP benefit is subject to funding availability from the FCC. Should the FCC announce that funding is no longer available, Upward Mobile will attempt to provide you with a 30-day notice that it will discontinue its ACP-supported service. At the conclusion of the ACP, customers may choose to pay the applicable undiscounted rate plus applicable fees and taxes for one of our service plans available at that time.  Upward Mobile Wireless will not opt the customer into AutoPay without the customer’s permission, and the customer must have a credit card on file to enter the AutoPay program.

Consent to Disclosure of Information: By completing the Upward Mobile ACP application, you consent to the release of your information (including financial information) to our designated agent for the administration of your service with Upward Mobile. This consent survives the termination of this Agreement. You further authorize Upward Mobile to discuss with or access information from state or federal agency representatives concerning your eligibility for and participation in the ACP. Upward Mobile reserves the right to review your eligibility status at any time and require you to provide Upward Mobile with written documentation of either your household’s income or your participation in a qualifying federal program or state program.

National Verifier and National Lifeline Accountability Database (NLAD): Applicants who apply for ACP benefits will be submitted to the NLAD database to complete enrollment. Applicant’s name, address, date of birth, and social security number will be submitted to the National Verifier and NLAD during the application process. Applicant’s address and identity will be verified. Applicants will be screened to determine if they are already receiving an ACP benefit through another provider.

Activation of Service: Upon enrollment in the Upward Mobile ACP services, if you are a new applicant, you will receive an Upward Mobile SIM card, delivered to your home address noted in the application, or if you applied in person, the SIM card will be given to you at some point during or after the enrollment and approval process (timing of SIM card distribution in relation to the approval process varies by state). Insert the Upward Mobile provided SIM card into your compatible device and power on the device. Placing an outbound call, sending a text, using data, or confirming that you want to activate your service will activate the Upward Mobile ACP service. You must accept the Upward Mobile telephone number assigned to your Upward Mobile account at the time of activation and you will acquire no proprietary interest in any number assigned to you. The number assigned to your Upward Mobile account at the time of activation will not be changed for any reason unless required by a carrier. You may not select a number to be assigned to your Upward Mobile service unless otherwise specified in the Upward Mobile General Terms & Conditions. You may choose to port your telephone number (if applicable) to Upward Mobile once your ACP application has been approved.

Account Activity Requirement: You must make or answer a voice call, send a text message (if your device is capable), use data, purchase minutes, or respond to direct contact from Upward Mobile at least once during any 30-day period to continue receiving your benefit.

Maintaining Eligibility and Service: You will receive ACP service from Upward Mobile if you continually meet the ACP eligibility requirements and the program remains active. If Upward Mobile believes you are not eligible for ACP service, we will notify you that your ACP service will be cancelled. You will have 30 days to respond to the termination notice. If you do not demonstrate continued eligibility, service will be cancelled, you will lose any remaining services and will no longer receive service. If you no longer qualify for the ACP discount, you must notify Upward Mobile within thirty (30) days of this fact to be removed from the program.

ACP Is Non-Transferrable: Eligibility for the ACP benefit is personal to you and your household. You may not transfer, to any third party, any of your rights or benefits received under the Upward Mobile ACP service, including but not limited to, any voice minutes or broadband data received under Upward Mobile service funded by the ACP.

Monthly Service Period: The period in which usage of your service is authorized lasting for a period of up to thirty (30) days beginning on (i) the date your Upward Mobile account became active; (ii) the date you placed or received the initial service transaction on your Upward Mobile account; (iii) the receipt of the allotment of Upward Mobile rate plan airtime; (iv) the purchase or addition of Upward Mobile airtime, or (v) the date you were determined to be eligible for the Upward Mobile plan, whichever can be conclusively determined by Upward Mobile at its sole discretion, and concluding thirty (30) days later. Upward Mobile airtime will be added to your account on the first day of each Service Period, also known as your Anniversary Date, in accordance with your rate plan as long as the subscriber maintains eligibility for ACP service.

Monthly Service End Date: The last day of your Upward Mobile Monthly Service Period, occurs up to thirty (30) days from your Anniversary Date. Service End Date can be calculated from (i) the date your Upward Mobile account became active; (ii) the date you placed or received the initial airtime transaction on your Upward Mobile account; (iii) the receipt of the monthly allotment of Upward Mobile airtime; (iv) the purchase or addition of a Upward Mobile airtime card, or (v) the date you were determined to be eligible for a Upward Mobile ACP service plan, (vi) the date your ACP benefit was removed by you or that de-enrollment based on ACP rules occurred, whichever can be conclusively determined by Upward Mobile at its sole discretion.

Rates, Usage, and Included Allotments: While you are enrolled in Upward Mobile’s ACP supported services, you will receive an allotment of talk minutes, text messages, and data provided by Upward Mobile each month as long as you remain eligible for the ACP. Use of allotments can include, but is not limited to, per minute voice cellular call, outgoing text message, and/or the use of any data. Monthly talk, text, and data allotments provided by Upward Mobile may vary from state-to-state as described on www.upwardmobile.net plans page.

Service Plan Options: The ACP discount may be applied to any available Upward Mobile service plan. Each plan offers different benefits, features, carryover options and pricing. Service plans, including those that can be obtained with no co-pay after application of the ACP benefit, are posted on Upward Mobile’s website at www.upwardmobile.net. Not all plans are available in all states.

Annual Recertification: Customers participating in the Upward Mobile ACP program will be required to recertify on an annual basis. Customers must prequalify to continue to participate in ACP programs based on the federal recertification or verification requirements. Upward Mobile reserves the right to determine, at its sole discretion, if a subscriber meets the annual recertification or verification requirements and if the subscriber fails to re-qualify for ACP service. If Upward Mobile is unable to recertify or verify the required ACP qualifications, the subscriber will be deemed ineligible to further participate in the ACP programs. The subscriber’s discounted minute plan will be discontinued. Customers will have the option to continue service with Upward Mobile by choosing a non-ACP retail plan.

Termination Rights Reserved by Upward Mobile: Upward Mobile reserves the right to cancel the enrollment of any customer and/or permanently deactivate any customer’s Upward Mobile service for fraud, misrepresentation, or other misconduct as determined solely by Upward Mobile. While utilizing Upward Mobile’s ACP services, a customer shall not be permitted to sell, rent, give away or in any way allow another person to use their Upward Mobile ACP services. If you have any questions, concerns, comments, or complaints regarding the Upward Mobile ACP services, offerings, or products, please call Upward Mobile Customer Care at 888-269-9598 or 611 from your Upward Mobile service.

Cancellation: You are free to cancel your Upward Mobile ACP services at any time. After your first use, however, you will receive no refunds on any equipment, including purchased devices or any unused funds in your account. Monthly Service Fees are non-refundable. You may cancel your account or change your rate plan by dialing 611 from your Upward Mobile device. You will lose access to your phone number immediately after your account has been de-enrolled from the ACP and your Upward Mobile account deactivated.

Questions or Complaints: For more information about the ACP or for other questions or complaints, you can call us at 611 or 888-269-9598. Unresolved questions or complaints may be directed to the FCC’s Consumer Complaint Center or your local Public Utilities Commission.