Terms of service
Mary Mobile Terms & Conditions
Effective Date: August 1, 2026
Last Updated: August 23, 2026
1. Introduction
Welcome to Mary Mobile (“Mary Mobile,” “we,” “our,” or “us”).
These Terms & Conditions (“Terms”) govern your access to and use of the Mary Mobile website, customer accounts, retail products, accessories, VoIP services, business communications services, and other products or services made available by Mary Mobile.
By accessing our website, creating an account, submitting information, placing an order, purchasing merchandise, requesting number porting, activating service, or subscribing to an applicable Mary Mobile service, you agree to these Terms and any additional policies or agreements applicable to the transaction or service.
If you do not agree to these Terms, do not use the website, place an order, or purchase or activate Mary Mobile products or services.
2. Current Business Operations
Mary Mobile currently offers:
- VoIP services;
- Business communications services;
- Business telephone services and related features;
- Retail telecommunications products;
- Phones and related hardware;
- Electronics;
- Accessories;
- Other retail merchandise.
Mary Mobile is not currently offering or selling cellular/mobile wireless service plans.
Mary Mobile may introduce cellular/mobile wireless services in the future. Any such services may be governed by additional agreements, disclosures, acceptable-use policies, privacy notices, cancellation provisions, billing terms, and regulatory requirements.
VoIP and other communications services may also be governed by separate:
- Service agreements;
- Acceptable Use Policies;
- E911 disclosures;
- Service limitations;
- Number-porting terms;
- Billing terms;
- Usage limitations;
- Messaging terms;
- Regulatory disclosures;
- Other service-specific provisions.
Where service-specific terms conflict with these general Terms, the service-specific terms govern the applicable service to the extent of the conflict.
3. Communications Sector, Critical Infrastructure & Security
Mary Mobile provides VoIP and communications services and operates within the communications sector.
Because Mary Mobile operates within a communications sector recognized as part of the United States critical-infrastructure environment, Mary Mobile takes cybersecurity, physical security, fraud prevention, privacy, operational continuity, network integrity, customer verification, system protection, and personnel safety seriously.
Mary Mobile may implement heightened security measures including:
- Know Your Customer procedures;
- Identity verification;
- Business verification;
- Transaction monitoring;
- Fraud screening;
- Payment verification;
- Address verification;
- Service-location verification;
- Number-porting verification;
- Account-security review;
- Network and system monitoring;
- Record preservation;
- Access controls;
- Supplier verification;
- Carrier verification;
- Reseller verification;
- High-risk transaction review;
- Additional verification of unusual or suspicious activity.
Mary Mobile is not obligated to disclose confidential:
- Cybersecurity controls;
- Fraud scores;
- Internal risk criteria;
- Security procedures;
- Network configurations;
- Threat-assessment methods;
- Fraud-detection methodologies;
- KYC decision logic;
- Carrier security procedures;
- Other information where disclosure could reasonably impair security, fraud prevention, or operational integrity;
except where disclosure is required by applicable law.
4. Eligibility
You must be at least eighteen (18) years of age or the age of majority in your jurisdiction to purchase products or services from Mary Mobile.
By creating an account, placing an order, or requesting service, you represent that:
- Information provided is accurate and complete;
- You are authorized to use the payment method supplied;
- You have legal authority to enter into the transaction;
- You will not use Mary Mobile products or services for unlawful purposes;
- You will comply with applicable service-specific requirements.
If you act for a business or other organization, you represent that you have authority to bind that organization.
5. Mandatory Know Your Customer, Identity & Address Verification
Mary Mobile requires Know Your Customer (“KYC”) verification for applicable VoIP and communications-service customers and may require verification for retail, reseller, high-value, unusual, suspicious, or elevated-risk transactions.
Applicable VoIP or communications service will not be activated until required KYC verification has been successfully completed.
Mary Mobile’s KYC procedures are intended to support:
- Identity verification;
- Fraud prevention;
- Account security;
- Number-porting security;
- Carrier requirements;
- Telecommunications compliance;
- Payment security;
- Loss prevention;
- Reseller verification;
- Critical-infrastructure security;
- Other legitimate business and regulatory purposes.
5.1 Required Customer Information
Mary Mobile may require customers to provide:
- Full legal name;
- Date of birth;
- Current residential address;
- Billing address;
- Shipping address;
- VoIP service address;
- E911 service address;
- Telephone number;
- Email address;
- Government-issued photo identification;
- Driver license information;
- State identification information;
- Passport information where appropriate;
- Social Security number;
- Two independent documents verifying the customer’s current residential address;
- Payment-method verification;
- Number-porting documentation;
- End-user information;
- Intended use of Mary Mobile services;
- Other information reasonably necessary for identity, security, fraud-prevention, carrier, compliance, or regulatory purposes.
For business customers, Mary Mobile may additionally require:
- Legal business name;
- Business address;
- Business registration information;
- Employer Identification Number;
- Tax documentation;
- Resale documentation;
- Authorized representative information;
- Ownership or control information where reasonably necessary;
- Beneficial ownership information where reasonably appropriate;
- Business-purpose information;
- Other reasonable documentation establishing the legitimacy of the business and authority of the person acting for it.
5.2 Proof of Address
Mary Mobile may require two separate and independent documents verifying the customer’s current residential or business address.
Acceptable documents may include:
- Electric bill;
- Water bill;
- Gas bill;
- Internet or cable bill;
- Bank statement;
- Credit-card statement;
- Lease agreement;
- Mortgage statement;
- Property-tax record;
- Insurance statement;
- Vehicle registration;
- Government correspondence;
- Other reliable documentation showing the customer’s name and current address.
Mary Mobile may require that such documents:
- Be recent;
- Show the customer’s name;
- Show the current address;
- Originate from two separate sources;
- Be legible and complete;
- Be capable of reasonable verification.
Mary Mobile may reject documents that appear:
- Altered;
- Fabricated;
- Incomplete;
- Expired;
- Inconsistent;
- Unverifiable;
- Otherwise unreliable.
5.3 Verification Before Fulfillment, Activation or Porting
Mary Mobile may place an order, account, number request, port request, service activation, or transaction on hold while verification is pending.
Mary Mobile may refuse, cancel, limit, suspend, or decline a transaction or service where:
- Required verification is not completed;
- Information cannot reasonably be verified;
- Information is materially inconsistent;
- False, incomplete, altered, fabricated, or misleading information is supplied;
- A purchaser cannot establish authority to act for a business;
- A transaction presents an unacceptable fraud, payment, compliance, security, or operational risk;
- Additional verification is reasonably necessary.
An order confirmation, payment authorization, payment capture, number request, port request, or service request does not waive Mary Mobile’s right to complete verification before fulfillment or activation.
5.4 Ongoing Verification
KYC obligations may continue after initial purchase or activation.
Mary Mobile may request updated or additional verification because of:
- Account changes;
- Payment changes;
- Service-address changes;
- Number-porting activity;
- Unusual account activity;
- High-value transactions;
- Reseller activity;
- Security events;
- Suspected account compromise;
- Fraud activity;
- Chargeback activity;
- Carrier requirements;
- Supplier requirements;
- Regulatory concerns;
- Other legitimate security or risk-management reasons.
5.5 Failure or Refusal to Verify
If a customer refuses or fails to provide reasonably requested verification, Mary Mobile may, to the fullest extent permitted by law:
- Decline an order;
- Cancel a pending order;
- Delay shipment;
- Decline or delay activation;
- Decline or delay a number-port request;
- Restrict an account;
- Suspend applicable service where legally permitted;
- Require alternative payment;
- Limit quantities;
- Refuse future business;
- Take other reasonable and lawful protective measures.
Where a transaction is cancelled, amounts that must legally be returned will be refunded or released, subject to independently lawful costs, charges, fees, or obligations.
5.6 Accuracy of Information
Customers represent and warrant that information provided to Mary Mobile for identity, payment, shipping, service, E911, number-porting, business, or compliance purposes is accurate, current, complete, and not intentionally misleading.
Providing materially false, fabricated, stolen, altered, or misleading identity or business information may result in:
- Cancellation;
- Account restriction;
- Delayed or denied activation;
- Service suspension where legally permitted;
- Refusal of future service;
- Preservation of relevant records;
- Referral to payment providers, carriers, suppliers, security professionals, attorneys, regulators, or authorities where warranted and lawful.
5.7 Protection of Sensitive KYC Information
Social Security numbers, government identification records, financial information, proof-of-address documents, and other sensitive KYC materials are treated as security-sensitive information.
Mary Mobile may use such information for legitimate purposes including:
- Identity verification;
- Fraud prevention;
- Account security;
- Number-porting verification;
- Service provisioning;
- Reseller verification;
- Carrier requirements;
- Supplier requirements;
- Compliance;
- Loss prevention;
- Dispute resolution;
- Protection of Mary Mobile’s communications operations.
Mary Mobile may use qualified third-party identity-verification providers.
Mary Mobile will collect, use, store, disclose, retain, and dispose of sensitive KYC information in accordance with applicable privacy, security, telecommunications, and data-protection requirements.
6. Product & Service Information
Mary Mobile strives to provide accurate descriptions, specifications, pricing, availability information, images, and service descriptions.
However:
- Specifications may change;
- Images may vary from actual products;
- Packaging may differ;
- Inventory is not guaranteed;
- Manufacturers may modify products;
- Service features may change;
- Errors may occur and may be corrected at any time.
Mary Mobile may correct typographical, pricing, inventory, specification, or other errors.
7. Orders & Acceptance
All orders are subject to:
- Acceptance;
- Availability;
- Payment authorization;
- Fraud review;
- KYC and identity verification;
- Supplier requirements;
- Applicable purchase restrictions.
Mary Mobile reserves the right to accept, reject, limit, hold, modify, or cancel an order at any time, for any lawful reason or for no stated reason, to the fullest extent permitted by applicable law.
Mary Mobile may:
- Refuse an order;
- Limit quantities;
- Cancel an order;
- Hold an order for review;
- Request additional verification;
- Require alternative payment;
- Decline transactions suspected of fraud;
- Restrict high-risk transactions;
- Refuse future transactions.
Receipt of an order confirmation does not necessarily constitute final acceptance.
8. Pricing
Prices may change without notice.
Mary Mobile may correct:
- Pricing errors;
- Typographical errors;
- Incorrect promotional pricing;
- Incorrect discounts;
- Incorrect product information;
- System errors.
Where a pricing error materially affects an order, Mary Mobile may cancel the affected transaction and return amounts required by applicable law.
9. Payment
Payment must ordinarily be successfully authorized before an order or service is processed.
Accepted payment methods are displayed at checkout or otherwise communicated by Mary Mobile.
Mary Mobile may use third-party:
- Payment processors;
- Acquiring institutions;
- Issuing institutions;
- Banks;
- Financing providers;
- Other payment intermediaries.
Use of a payment intermediary does not waive independently available contractual or legal rights of Mary Mobile.
10. Resellers, Brokers, Exporters & Commercial Purchasers
If you intend to purchase Mary Mobile products for resale, redistribution, brokerage, export, or other commercial resale activity, contact Mary Mobile Customer Support before placing an order.
Mary Mobile may require:
- Reseller registration;
- Business verification;
- Tax or resale documentation;
- Identity verification;
- Supplier authorization;
- End-user information;
- Compliance documentation;
- Other reasonable onboarding information.
Mary Mobile may establish:
- Quantity limits;
- Customer limits;
- Household limits;
- Business limits;
- Reseller restrictions;
- Geographic restrictions;
- Export restrictions;
- Product-specific restrictions.
Attempts to circumvent these restrictions may include:
- Multiple orders;
- Multiple accounts;
- Different names;
- Different businesses;
- Affiliated businesses;
- Different billing or shipping addresses;
- Different payment methods;
- Third-party purchasers;
- Split transactions;
- Other attempts to evade a disclosed restriction.
Mary Mobile may cancel or restrict affected transactions, require additional verification, refuse future orders, or permanently restrict purchasing privileges where lawful.
Unregistered or unauthorized resellers may incur additional reseller, administrative, compliance, processing, cancellation, or handling fees up to the maximum amount permitted by applicable law, where legally enforceable and reasonably connected to the transaction or additional costs caused by the purchaser’s conduct.
Such charges may be separate from applicable restocking, cancellation, shipping, security, recovery, collection, or other lawful costs.
11. Shipping & Delivery
Shipping estimates are estimates only unless expressly guaranteed in writing.
Mary Mobile is not responsible for delays caused by circumstances outside its reasonable control, including:
- Carriers;
- Weather;
- Natural disasters;
- Customs;
- Supply-chain disruption;
- Manufacturer delays;
- Government actions;
- Other force-majeure events.
Risk of loss transfers according to applicable law and the applicable shipping terms.
Mary Mobile may use competent delivery evidence including:
- Carrier tracking;
- Delivery scans;
- Signatures;
- Delivery photographs;
- Carrier location information;
- Pickup or access-point records;
- Customer acknowledgments;
- Other reliable evidence.
12. Returns & Refunds
Merchandise returns and refunds are governed by the Mary Mobile Return & Refund Policy.
By placing an order, you acknowledge that the applicable Return & Refund Policy forms part of the agreement governing the transaction.
Returns must be sent only to locations specifically authorized by Mary Mobile.
VoIP or communications-service refunds, cancellations, billing disputes, usage charges, taxes, regulatory fees, setup fees, number-porting charges, and similar service matters may be governed by separate service terms.
13. Unauthorized Returns, Personal Addresses & Physical Contact Locations
Personal residences and personal mailboxes belonging to Mary Mobile owners, officers, employees, contractors, representatives, attorneys, or family members are not Mary Mobile business addresses.
They must not be used for:
- Merchandise returns;
- Shipments;
- Packages;
- Payments;
- Physical business correspondence;
- Written demands;
- Other physical business purposes.
Registered-agent addresses, attorneys’ offices, law firms, mail centers, virtual offices, corporate filing addresses, and similar locations are not automatically customer-service or merchandise-return locations.
The fact that an address appears in a:
- Public record;
- Corporate filing;
- Search result;
- Data-broker database;
- Court record;
- Directory;
- Shipping record;
- Prior correspondence;
- Other source;
does not make that address an authorized Mary Mobile return or business location.
Knowingly using an unauthorized personal or security-sensitive address may result, to the fullest extent permitted by law, in responsibility for:
- Security expenses;
- Retrieval expenses;
- Forwarding;
- Storage;
- Handling;
- Administrative expenses;
- Legal expenses where recoverable;
- Other documented costs;
- An administrative or security fee up to the maximum amount permitted by applicable law.
This provision does not prohibit reasonable and lawful communication by:
- Email;
- Telephone;
- Direct message;
- Social media;
- Other electronic communication;
including communication directed to an owner, officer, employee, representative, or attorney, provided the communication does not become threatening, abusive, harassing, stalking, fraudulent, or otherwise unlawful.
Nothing in this section restricts lawful service of process, subpoenas, court orders, or notices that applicable law requires or authorizes to be delivered to a particular person, attorney, registered agent, or address.
14. Manufacturer Warranties
Many products may be covered by manufacturer warranties.
Unless expressly stated otherwise, Mary Mobile does not provide separate product warranties beyond those required by law.
Warranty claims may need to be handled by:
- Manufacturers;
- Distributors;
- Authorized service centers;
- Warranty administrators.
Manufacturer warranty coverage does not automatically create a Mary Mobile return right.
15. VoIP & Communications Services
Mary Mobile VoIP and communications services may depend upon:
- Customer internet connectivity;
- Customer premises equipment;
- Third-party carriers;
- Upstream telecommunications providers;
- Power availability;
- Customer network configuration;
- Other third-party systems.
Service-specific terms may govern:
- Availability;
- E911;
- Number portability;
- Telephone numbers;
- Calling features;
- SMS or messaging;
- Usage limitations;
- Toll-free usage;
- International usage;
- Taxes and regulatory assessments;
- Service interruption;
- Equipment provisioning;
- Billing;
- Cancellation.
Customers are responsible for reviewing applicable service agreements, E911 disclosures, and Acceptable Use Policies.
16. Acceptable Use
You agree not to:
- Violate applicable law;
- Commit or facilitate fraud;
- Attempt unauthorized access;
- Interfere with website or network operations;
- Introduce malicious software;
- Circumvent security controls;
- Abuse telecommunications systems;
- Engage in unlawful robocalling;
- Engage in unlawful messaging;
- Use communications services for fraudulent or deceptive conduct;
- Circumvent purchase restrictions;
- Misrepresent identity;
- Use automated tools without authorization;
- Infringe intellectual-property rights;
- Engage in fraudulent transactions.
Additional service-specific restrictions may appear in an Acceptable Use Policy.
17. Account Security
Customers are responsible for:
- Maintaining password confidentiality;
- Securing authentication credentials;
- Restricting unauthorized access;
- Protecting administrator credentials;
- Promptly reporting suspected compromise.
Mary Mobile may require additional authentication or verification when unusual or suspicious activity occurs.
18. Fraud, Abuse & Chargebacks
Mary Mobile may investigate reasonably suspected:
- Fraud;
- Theft;
- Return fraud;
- Product substitution;
- False non-delivery claims;
- False damage claims;
- False unauthorized-transaction claims;
- Chargeback abuse;
- Friendly fraud;
- Reseller circumvention;
- Account abuse;
- Service misuse;
- Identity misrepresentation.
Nothing in these Terms eliminates a legitimate non-waivable right to dispute an unauthorized transaction or other qualifying matter.
However, a chargeback or payment reversal does not automatically extinguish an independently valid contractual debt, authorize retention of merchandise without payment, or waive an otherwise lawful obligation owed to Mary Mobile.
19. Chargeback Recovery, Administrative & Collection Fees
Where a payment dispute or chargeback occurs and an independently valid, legally enforceable balance remains due, Mary Mobile may assess a:
- Chargeback recovery fee;
- Administrative fee;
- Dispute-processing fee;
- Collection fee;
- Similar lawful charge;
up to the maximum amount permitted by applicable law.
Mary Mobile may additionally pursue legally recoverable:
- Processor charges;
- Investigation expenses;
- Administrative personnel costs;
- Evidence-preparation expenses;
- Shipping;
- Return expenses;
- Retrieval;
- Storage;
- Security costs;
- Collection costs;
- Court costs;
- Service fees;
- Attorney fees where recoverable;
- Other documented and legally recoverable losses.
Mary Mobile will not impose a punitive charge merely because a customer exercises a legitimate, good-faith, legally protected dispute right.
20. Collections
A payment reversal does not automatically extinguish an independent contractual obligation.
Where an enforceable balance remains due, Mary Mobile may pursue that balance through lawful means, including:
- Collection agencies;
- Attorneys;
- Recovery providers;
- Arbitration;
- Civil proceedings;
- Other lawful collection processes.
Amounts pursued may include, where legally enforceable:
- Unpaid purchase price;
- Value of merchandise retained;
- Restocking or cancellation fees;
- Shipping;
- Return expenses;
- Storage;
- Administrative costs;
- Dispute-related costs;
- Collection expenses;
- Court costs;
- Attorney fees;
- Other lawful charges.
A favorable chargeback decision by a payment provider or financial institution does not necessarily constitute a judicial determination that an independent contractual obligation has been extinguished.
21. Payment Processor Decisions & Merchant Rights
Mary Mobile may lawfully:
- Contest payment disputes;
- Submit evidence;
- Request reconsideration;
- Escalate payment disputes;
- Invoke contractual procedures;
- Challenge reserves or account restrictions;
- Pursue arbitration or litigation where permitted;
- Change payment processors;
- Adopt alternative payment methods;
- Pursue independent contractual remedies.
Participation in a third-party payment system does not constitute Mary Mobile’s voluntary waiver of independently available contractual or legal rights.
22. Intellectual Property
Website and service materials may include:
- Logos;
- Trademarks;
- Graphics;
- Product listings;
- Text;
- Images;
- Software;
- Designs;
- Documentation;
- Other intellectual property.
Such materials are owned by Mary Mobile or their respective rights holders and are protected by applicable law.
Nothing in these Terms transfers ownership rights to a customer or website user.
23. Third-Party Services
Mary Mobile may rely upon or integrate with third parties including:
- Payment processors;
- Telecommunications carriers;
- VoIP platform providers;
- Shipping carriers;
- Manufacturers;
- Distributors;
- Financing providers;
- Analytics providers;
- Software vendors;
- Other providers.
Mary Mobile is not responsible for third-party websites, products, policies, services, outages, or conduct except where liability cannot legally be excluded.
24. Export Controls & Sanctions
Customers must comply with applicable:
- Export controls;
- Customs requirements;
- Sanctions;
- Trade laws;
- Destination restrictions.
Mary Mobile may reject, hold, investigate, or cancel transactions involving:
- Restricted destinations;
- Sanctioned persons or entities;
- Unauthorized export activity;
- False end-user information;
- Attempts to evade geographic restrictions;
- Other compliance concerns.
Mary Mobile may request additional identity, business, destination, reseller, or end-user information.
25. Electronic Records & Transaction Evidence
Mary Mobile may retain electronic records reasonably necessary to:
- Document transactions;
- Provide services;
- Conduct KYC;
- Investigate fraud;
- Defend payment disputes;
- Respond to security incidents;
- Protect systems;
- Meet regulatory obligations;
- Enforce agreements.
Records may include, where lawfully collected:
- Checkout acceptance records;
- Orders;
- Emails;
- Text communications;
- Customer-service communications;
- Call records;
- IP information;
- Device or browser information;
- Authentication information;
- KYC verification records;
- Transaction timestamps;
- Delivery records;
- Carrier records;
- Electronic acknowledgments;
- Other relevant records.
26. Privacy
Use of Mary Mobile products, websites, and services is governed by the applicable Privacy Policy and any communications-specific privacy notices.
Information collected for KYC, security, fraud prevention, service provisioning, number porting, carrier requirements, or compliance will be handled according to applicable privacy and security requirements.
27. Limitation of Liability
To the fullest extent permitted by applicable law, Mary Mobile shall not be liable for indirect, incidental, consequential, punitive, special, or exemplary damages arising from use of its website, products, or services.
Nothing in these Terms limits liability where applicable law prohibits such limitation.
28. Disclaimer of Warranties
Except where prohibited by applicable law, Mary Mobile products, websites, and services are provided on an “AS IS” and “AS AVAILABLE” basis.
Mary Mobile disclaims warranties to the fullest extent legally permissible except warranties that cannot lawfully be disclaimed.
Service-specific warranties or commitments, if any, are governed by applicable service agreements.
29. Indemnification
To the fullest extent permitted by law, you agree to indemnify and hold harmless Mary Mobile, its affiliates, owners, officers, employees, contractors, and representatives from third-party claims arising from:
- Your unlawful use of Mary Mobile products or services;
- Misuse of the website;
- Your violation of these Terms;
- Your infringement of another person’s rights;
- Your violation of applicable law;
- Your unlawful telecommunications activity.
This provision does not apply where indemnification is prohibited by law.
30. Refusal of Future Service
Mary Mobile may, to the fullest extent permitted by law, discontinue a commercial relationship or decline future orders or transactions based upon:
- Fraud;
- Return abuse;
- Product substitution;
- Nonpayment;
- Chargeback abuse;
- Reseller-policy violations;
- Security concerns;
- KYC concerns;
- Service misuse;
- Other material misconduct or unacceptable business risk.
Mary Mobile is not obligated to continue a commercial relationship merely because it previously accepted an order or provided service, except where an existing contract or applicable law requires otherwise.
31. Changes to Terms
Mary Mobile may modify these Terms from time to time.
For completed retail purchases, the version of the Terms in effect at the time of purchase will ordinarily govern the transaction unless applicable law requires otherwise.
For continuing services, amended Terms may apply prospectively following any notice required by the applicable agreement or law.
Mary Mobile will not use an amendment to retroactively eliminate a vested right where applicable law prohibits doing so.
32. Maximum Amount Permitted by Law
Whenever these Terms authorize a fee, reimbursement, administrative charge, security assessment, collection amount, recovery cost, or other monetary obligation without specifying a fixed amount, Mary Mobile may assess or pursue that amount up to the maximum amount permitted by applicable law.
Where a stated or calculated amount exceeds what is legally enforceable, Mary Mobile intends that it be reduced to the maximum lawful amount rather than invalidating the underlying obligation, where applicable law permits such treatment.
33. Governing Law
To the fullest extent permitted by applicable law, these Terms and the contractual relationship between Mary Mobile and the customer shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict-of-law principles requiring application of another jurisdiction’s laws.
Mandatory federal law and non-waivable protections imposed by another applicable jurisdiction remain applicable to the extent legally required.
34. Binding Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING THE RIGHT TO HAVE CERTAIN CLAIMS DECIDED IN COURT BY A JUDGE OR JURY.
Except for claims that applicable law does not permit to be subjected to mandatory arbitration, Mary Mobile and the customer agree that any dispute, claim, or controversy arising out of or relating to these Terms, the website, an account, merchandise, VoIP services, communications services, payments, returns, refunds, chargebacks, KYC or verification procedures, or the relationship between the parties shall be resolved by final and binding arbitration rather than litigation in court.
The arbitration provision shall be interpreted and enforced consistently with the Federal Arbitration Act and applicable Delaware contract law.
34.1 Arbitration Location
Unless applicable law requires otherwise or the parties agree to another arrangement, the legal seat of arbitration shall be:
Dover, Delaware.
A hearing may be conducted:
- Remotely;
- By videoconference;
- By telephone;
- Through written submissions;
- In person;
- By another procedure permitted by applicable arbitration rules.
Where mandatory consumer law requires participation from another location, that requirement controls.
34.2 Arbitration Administrator
Arbitration shall be administered by a nationally recognized arbitration provider mutually agreed upon by the parties or, absent agreement, selected according to applicable law.
Applicable consumer arbitration procedures shall apply to consumer transactions where required.
34.3 Individual Arbitration
To the fullest extent permitted by applicable law, arbitration shall occur on an individual basis.
The parties do not agree to class, collective, consolidated, or representative arbitration except where applicable law requires otherwise or both parties expressly agree in writing.
34.4 Small Claims Exception
Either party may pursue an eligible individual matter in small-claims court where:
- The claim falls within that court’s jurisdiction;
- The matter remains an individual action;
- Applicable law permits the proceeding.
34.5 Emergency or Injunctive Relief
Nothing in this arbitration agreement prevents either party from seeking temporary or emergency relief from a court where legally available and reasonably necessary to protect:
- Systems;
- Telecommunications networks;
- Security;
- Confidential information;
- Property;
- Evidence;
- Intellectual property;
- Other rights pending arbitration.
34.6 Arbitration Award
The arbitrator may award any individual remedy available under applicable law and the applicable agreements.
Judgment upon the arbitration award may be entered in any court having jurisdiction.
34.7 Arbitration Severability
If a provision of this arbitration agreement is found invalid or unenforceable, that provision shall be severed, narrowed, or enforced to the maximum extent permitted by law while the remainder remains effective, except where applicable law requires another result.
35. Delaware Forum for Non-Arbitrable Matters
For disputes not required to be arbitrated and proceedings relating to enforcement of an arbitration agreement or award, the parties agree, to the fullest extent legally permissible, to an appropriate state or federal court located in Delaware.
Where venue may lawfully be designated by contract, the parties intend Dover, Delaware to serve as the agreed location.
Nothing in this provision overrides a mandatory venue or jurisdiction rule that cannot legally be waived.
36. Severability
If any provision, sentence, clause, phrase, fee, remedy, restriction, arbitration provision, or other portion of these Terms is determined to be invalid, illegal, void, or unenforceable, that portion shall be severed, limited, modified, or enforced to the maximum extent legally permissible, and all remaining portions shall remain in full force and effect.
Invalidity of one provision does not invalidate these Terms as a whole.
Where legally permitted:
- An unenforceable provision shall be construed as narrowly as necessary to make it enforceable;
- An excessive monetary provision shall be reduced to the maximum lawful amount rather than eliminated entirely;
- The intended commercial purpose of a provision shall be preserved as closely as applicable law permits.
37. No Waiver & Cumulative Remedies
Mary Mobile’s failure or delay in exercising a contractual or legal right does not constitute a waiver.
A waiver concerning one customer, transaction, service, return, chargeback, violation, or circumstance does not constitute a waiver concerning another.
Exercise of one lawful remedy does not prevent Mary Mobile from pursuing another independently available remedy.
38. Survival
Provisions that by their nature should continue after completion, cancellation, suspension, termination, refund, chargeback, or account closure shall survive to the fullest extent permitted by law.
This includes provisions relating to:
- Unpaid balances;
- Chargebacks;
- Collections;
- Fraud;
- KYC and verification records;
- Security;
- Intellectual property;
- Indemnification;
- Limitations of liability;
- Electronic records;
- Arbitration;
- Governing law;
- Severability;
- Other continuing obligations.
39. Entire Agreement
These Terms, together with applicable:
- Privacy Policies;
- Return & Refund Policies;
- Shipping Policies;
- VoIP Service Agreements;
- Acceptable Use Policies;
- E911 disclosures;
- Service limitations;
- Billing terms;
- Product-specific terms;
- Other policies expressly incorporated into a transaction;
constitute the applicable agreement between Mary Mobile and the customer concerning the relevant transaction, product, service, or account.
Where a specific service agreement expressly conflicts with these general Terms, the more specific agreement controls for that service to the extent of the conflict.
40. Consumer Rights
Nothing in these Terms eliminates, restricts, or waives a consumer right or remedy that applicable law prohibits the parties from waiving.
Where mandatory applicable law provides greater protection, that law applies to the extent legally required.
41. Contact Information
Questions concerning these Terms may be submitted through the official contact information provided on the Mary Mobile website.
Customers must use Mary Mobile’s designated customer-service channels for ordinary customer-service matters.
Physical merchandise returns must be sent only to the exact return location specifically authorized by Mary Mobile for that transaction.