GORILLA MOBILE SERVICE TERMS AND CONDITIONS

Service Terms and Conditions

This is an Agreement between you and Gorilla Mobile for Communication Services and related Services, and will become effective when you begin your Gorilla Mobile Free Trial. You agree and acknowledge that Gorilla Mobile may refuse to accept this Agreement if Gorilla Mobile believes that you may be unable to perform, in whole or part with the obligations hereunder.

Annual Fee

If you elect to continue Service beyond the Free Trial period an annual fee of $5.95 will be charged to your account as part of your first months invoice regardless of usage amount. The annual fee will be charged to your account each year on the first month following the anniversary date of service. This charge will appear on your usage summary. Unless we receive notification of cancellation of Service the annual fee will apply.

Rates

Gorilla Mobile rates are subject to change without notice. All calls using our Service are billed in one minute increments with partial durations rounded to the next full minute. Gorilla Mobile rates do not include current mobile service provider applicable charges. In many countries, international telephone carriers charge higher prices to terminate calls to a wireless device or special service lines. For this reason, Gorilla Mobile may charge a higher rate for these calls. For a complete list of country rates and calling codes, contact us at 800-881-3004.

Service Availability

Service is subject to account approval at our sole discretion. Service is normally available to your phone whenever you are able to connect with your Gorilla Mobile Access Number. The Company may choose not to provide service to countries or calling areas at its sole discretion. In addition, at any time the Company may prevent use of Service for any reason, including fraudulent calling patterns, excessive usage, billing irregularities and unlawful use. If your credit card is invalid or payment is declined by the issuer at the time a charge is attempted, you will not be able to use the Service until your account is paid in full.

Charges

You are responsible for paying all charges to your account including but not limited to: long distance, features, directory assistance, annual fees, any taxes, surcharges or other fees. If you activate Service on behalf of an entity but were unauthorized to do so, you will be personally responsible for all charges to the account and will be fully bound by this Agreement as though you had activated Service on your own behalf. Calls are billed in full minute increments with partial minutes rounded to the next full minute. Calls are measured from approximately the time the called party answers until approximately the time you press "End" or the other party disconnects from the line. Connected calls to fax machines, answering machines and voice mail will be charged in the same way.

Billing and Payment

Gorilla Mobile will provide a detailed billing summary in the format of its choice, which may change from time to time. Billing cycle dates are calendar month end and may change from time to time. All charges will automatically be posted to the credit card account of your choice or debited from your checking account on approximately the first day of the month following your month end calendar billing cycle. No additional notice or consent will be required for charging Service use to your credit card. If we are unable to collect full amount due on your account we may attempt collection by processing several smaller charges on your credit card or payment method on record. Charges may also be debited from your checking account with no additional notice or consent required if that is the payment method you have selected.

Disputes

All amounts due, including disputed amounts, must be paid by the due date regardless of the status of any objection. Disputed amounts can be addressed in the following ways: (1) by contacting Gorilla Mobile Client Services Team by phone, or (2) in writing to the address contained on our invoice. All disputes must be received within 60 days after the date of invoice. If these requirements are not met you will waive any objections. If the desired results are not achieved after attempting to resolve disputes by telephone you must state your dispute in writing and mail to the address contained on our invoice within 60 days after the date of invoice.

Service Termination/Default

Failure to pay any amount owed to us within 30 days after the date of invoice, or if you breach any representations to us or fail to perform any of the promises you made in this Agreement, or if you are subject to any proceeding under the Bankruptcy Act or similar laws, you will be in default and we may, without notice to you, suspend Service and/or terminate this Agreement. You agree to pay all cost, including reasonable attorney fees, collection fees and court costs we incur in enforcing this Agreement through any appeal.

Cancellation of Service

You may cancel Gorilla Mobile Service at any time. You may do so by (1) contacting our Client Services Team by telephone, or (2) by notifying us in writing at the address contained on your invoice (3) or online. All Service will be canceled within 2 business days of receipt of notice. Following cancellation, you are responsible for paying all charges owed on your account including but not limited to: long distance, features, directory assistance, annual fees, any taxes, surcharges or other fees.

Unauthorized Use/Stolen Phone

If your phone is stolen or if you become aware of unauthorized use of Service you must notify us immediately to suspend Service. You are responsible for all charges to your telephone until Service has been suspended.

Personal Account Information

Any person able to provide your name, address, mobile number and last 4 digits of the credit card on record or PIN is authorized by you to receive information about and make changes to your account, including addition or deletion of accounts. If you are receiving Service through a business calling plan from your employer, you authorize us to share your account information with your employer.

Change to This Agreement

We may amend the terms of this Agreement upon advance notice. If you do not agree to the amendment, you may terminate the Agreement immediately and you will not be charged any early cancellation fee. If you use the service more than 30 days after we notify you of a change, you agree to that change. You have the option to change your Gorilla Mobile Calling Plan at any time by notifying us. You are eligible to participate in any promotions for which you qualify, provided that you comply with all requirements of the promotion. All billing changes will be in affect by your next billing cycle.

Limitation of Liability

We are not liable for acts or omissions of another service provider, for information provided through your phone, equipment failure or modification, or causes beyond our reasonable control. We are not liable for service outages nor for service limitations or interruptions. We are not liable for any accidents or incidents which result from the use of Service by you or any other person. Our liability and the liability of any underlying carrier for any failure or mistake shall in no event exceed our service charges during the affected period. We and any underlying carrier are not liable for any incidental, punitive or consequential damages such as lost profits. We and any underlying carrier are not liable for economic loss or injuries to persons or property arising from the use of service. This paragraph shall survive termination of this Agreement.

Indemnification

You agree to defend, indemnify, and hold us, our affiliates and representatives and any other service provider, harmless from claims or damages relating to this Agreement or your promises or statements made in it and use of the Service. This paragraph shall survive termination of this Agreement.

No Warranties

We make no express warranty regarding the Service and disclaim any implied warranty, including any warranty of merchantability or fitness for a particular purpose. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this Agreement.

Binding Arbitration

Any dispute or claim arising out of or relating to this Agreement or service provided in connection with this Agreement will be resolved by binding arbitration except that (1) you may take claims to small claims court if they qualify for hearing by such a court, or (2) you or we may choose to pursue claims court if the claims relate solely to the collection of any debts you owe us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.

Arbitration Procedures

You must first present any claim or dispute to us by contacting us in writing at the address contained on your invoice, to allow an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved in 60 days. The arbitration of any dispute shall be conducted in accordance with the American Arbitration Association. Any arbitration will take place in New York City, New York. An arbitrator may not award relief in excess of or contrary to what this Agreement provides, order consolidation or class arbitration, or award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.

Arbitration Expense

All administrative fees and expenses of an arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation.

Waiver of Punitive Damage Claims and Class Actions

By this Agreement you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.

Privacy

We are not liable for any lack of privacy you may experience while using the Service. We have the right to intercept and disclose any transmissions over our facilities and to provide subscriber billing and call records and related information under certain circumstances (for example, in response to lawful process, warrants, subpoenas or to protect our rights or property.)

Assignment

We may assign all or part of this Agreement without such assignment being considered change to the Agreement, and without notice to you. We are then released from all liability. You may not assign this Agreement without our prior written approval.

Governing Laws

This Agreement shall be governed by, enforced and construed in accordance with the laws of the State of New York.

Entire Agreement

These general Terms and Conditions represent the entire agreement between you and us and supersedes all prior offers, contracts, agreements and representations. This Agreement supersedes all promises made to you by our client services agents, representatives or employees. If any part of this Agreement is found invalid, the balance remains enforceable.

Free Trial

We encourage the use of Service through offering first time customers a Free Trial.

Free Trials are only available to first time customers to Gorilla Mobile Service and cannot be combined with any other offer. Only one Free Trial may be redeemed per billable account. A billable account is determined by containing any of the following: name, address, phone number, email address, or credit card number. If you have more than one phone registered in your account, you may use any or all of the lines you register during your Free Trial period.

You may sign-up for the Free Trial through the Site, an authorized Gorilla Mobile Dealer or by contacting the Gorilla Mobile Client Services Team. Upon registering for your Free Trial, your credit card will be validated for accurate billing information. No charges, however, will be made against the card until your Free Trial period expires and you have elected to continue Service with Gorilla Mobile beyond the Free Trial.

The Free Trial provides up to $5.00 of calls using Gorilla Mobile according to our most recent published rates. If you choose to use the Gorilla Mobile Connect Toll Free Access Number, you must deduct the $0.15 per call connection fee in addition to usage from your remaining Free Trial balance.

At the end of your Free Trial period, we will notify you during your call that you have one minute remaining in your Free Trial, at which point you can choose to cancel or to continue Service. If you continue using Gorilla Mobile beyond the Free Trial period, you will be charged for additional minutes of use and the $5.95 annual fee.

You must have a valid debit or credit card to participate in a Free Trial. You may cancel Service at any time.