Motorola PHOTON Q 4G LTE Handbook

Important Information for the

MOTOROLA PHOTON™ Q 4G LTE

Important Safety Information – page 2

Manufacturer’s Warranty – page 31

General Terms and Conditions of Service – page 41

Important Message From Sprint – page 71

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Important Safety Information

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General Precautions (page 3)

♦

Maintaining Safe Use of and Access to Your Phone
(page 3)

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Battery Use & Safety (page 4)

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Battery Charging (page 6)

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Third Party Accessories (page 7)

♦

Driving Precautions (page 7)

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Seizures/Blackouts (page 8)

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Caution About High Volume Usage (page 9)

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Repetitive Motion (page 9)

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Children (page 9)

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Glass Parts (page 10)

2 Important Safety Information

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Operational Warnings (page 10)
Radio Frequency (RF) Energy (page 11)
Regulatory Information (page 13)
Specific Absorption Rate (FCC & IC) (page 14)
European Union Directives Conformance
Statement (page 15)
FCC Notice to Users (page 16)
Industry Canada Notice to Users (page 17)
Software Notices (page 17)
Location Services (page 18)
Navigation (page 19)
Privacy & Data Security (page 20)
Use & Care (page 21)
Recycling (page 22)
California Perchlorate Label (page 23)
Hearing Aid Compatibility with Mobile Phones

(page 23)
Software Copyright Notice (page 25)

♦

Content Copyright (page 25)

♦

Open Source Software Information (page 25)

♦

Export Law Assurances (page 26)

♦

Product Registration (page 26)

♦

Service & Repairs (page 27)

♦

Owner’s Record (page 28)

♦

Copyright & Trademarks (page 29)

This booklet contains important operational and safety
information that will help you safely use your phone.
Failure to read and follow the information provided in
this phone guide may result in serious bodily injury,
death, or property damage.

General Precautions

There are several simple guidelines to operating your
phone properly and maintaining safe, satisfactory
service.

Important Safety Information 3

●

To maximize performance, do not touch the bottom
portion of your phone where the internal antenna is
located while using the phone.

●

Speak directly into the mouthpiece.

Note:

For the best care of your phone, only Sprint­authorized personnel should service your phone
and accessories. Failure to do so may be
dangerous and void your warranty.

Maintaining Safe Use of and Access to
Your Phone

Do Not Rely on Your Phone for Emergency
Calls

Mobile phones operate using radio signals, which
cannot guarantee connection in all conditions.
Therefore you should never rely solely upon any
mobile phone for essential communication (e.g.,

medical emergencies). Emergency calls may not be
possible on all cellular networks or when certain
network services or mobile phone features are in use.
Check with your local service provider for details.

Important:

Battery Use & Safety

The following battery use and safety information
applies to all Motorola mobile devices. If your mobile
device uses a non-removable main battery (as stated
in your product information), details related to handling
and replacing your battery should be disregarded—the
battery should only be replaced by a Motorola­approved service facility, and any attempt to remove or
replace your battery may damage the product

.

4 Important Safety Information

DON’Ts

●

Don’t disassemble, crush, puncture, shred, or
otherwise attempt to change the form of your
battery.

●

Don’t use tools, sharp objects, or excessive
force to insert or remove the battery as this can
damage the battery.

●

Don’t let the mobile device or battery come in
contact with liquids.*

mobile device’s circuits, leading to corrosion.

●

Don’t allow the battery to touch metal objects.

metal objects, such as jewelry, stay in prolonged

Handle and store batteries properly to
avoid injury or damage.

safety issues arise from improper
handling of batteries, and particularly
from the continued use of damaged
batteries.

Most battery

Liquids can get into the

If

contact with the battery contact points, the battery
could become very hot.

●

Don’t place your mobile device or battery near a
heat source.*

High temperatures can cause the

battery to swell, leak, or malfunction.

●

Don’t dry a wet or damp battery with an
appliance or heat source

microwave oven.

DOs

●

Do avoid leaving your mobile device in your car
in high temperatures.*

●

Do avoid dropping the mobile device or battery.*

Dropping these items, especially on a hard surface,
can potentially cause damage.*

●

Do contact your service provider or Motorola if
your mobile device or battery has been
damaged in any of the ways listed here.

, such as a hair dryer or

Important Safety Information 5

Note:

*Always make sure that any battery, connector
and compartment covers are closed and secure
to avoid direct exposure of the battery to any of
these conditions, even if your product information
states that your mobile device can resist damage
from these conditions.

Important: Motorola recommends you always use

Motorola’s warranty does not cover damage to the
mobile device caused by non-Motorola batteries and/
or chargers. To help you identify authentic Motorola
batteries from non-original or counterfeit batteries (that
may not have adequate safety protection), Motorola
provides holograms on its batteries. You should
confirm that any battery you purchase has a “Motorola
Original” hologram.

Motorola-branded batteries and
chargers for quality assurance and
safeguards.

If you see a message on your display such as

032375o

Invalid Battery

following steps:

●

Remove the battery and inspect it to confirm that it
has a “Motorola Original” hologram;

●

If there is no hologram, the battery is not a Motorola
battery;

●

If there is a hologram, replace the battery and try
charging it again;

●

If the message remains, contact a Motorola
authorized service center.

WARN ING: Use of a non-Motorola battery or

Proper and safe battery disposal and recycling:

Proper battery disposal is not only important for safety,
it benefits the environment. You can recycle your used

6 Important Safety Information

or

Unable to Charge

charger may present a risk of fire,
explosion, leakage, or other hazard.

, take the

batteries in many retail or service provider locations.
Additional information on proper disposal and
recycling can be found at

Disposal:

Promptly dispose of used batteries
in accordance with local regulations. Contact
your local recycling center or national
recycling organizations for more information on how to
dispose of batteries.

WARN ING: Never dispose of batteries in a fire

www.motorola.com/recycling

because t hey may explode.

Battery Charging

Notes for charging your product’s battery:

●

During charging, keep your battery and charger
near room temperature for efficient battery charging.

●

New batteries are not fully charged.

●

New batteries or batteries stored for a long time
may take more time to charge.

●

Motorola batteries and charging systems have
circuitry that protects the battery from damage from
damage from overcharging.

Third Party Accessories

Use of third party accessories, including but not limited
to batteries, chargers, headsets, covers, cases, screen
protectors and memory cards, may impact your
mobile device’s performance. In some circumstances,
third party accessories can be dangerous and may
void your mobile device’s warranty. For a list of
Motorola accessories, visit

www.motorola.com/products

Driving Precautions

Responsible and safe driving is your primary
responsibility when behind the wheel of a vehicle.
Using a mobile device or accessory for a call or other

Important Safety Information 7

application while driving may cause distraction, and
may be prohibited or restricted in certain areas—always
obey the laws and regulations on the use of these
products.

While driving, NEVER:

●

Type, read, enter or review texts, emails, or any other
written data.

●

Surf the web.

●

Input navigation information.

●

Perform any other functions that divert your attention
from driving.

While driving, ALWAYS:

●

Keep your eyes on the road.

●

Use a handsfree device if available or required by
law in your area.

●

Enter destination information into a navigation

before

device

driving.

●

Use voice activated features (such as voice dial)
and speaking features (such as audible directions),
if available.

●

Obey all local laws and regulations for the use of
mobile devices and accessories in the vehicle.

●

End your call or other task if you cannot concentrate
on driving.

Remember to follow the “Smart Practices While
Driving” at

www.motorola.com/callsmart

only).

(in English

when exposed to flashing lights or light patterns, such
as when playing video games, or watching videos with
flashing-light effects.

Discontinue use and consult a physician if any of the
following symptoms occur: seizures, blackout,
convulsion, eye or muscle twitching, loss of awareness,
or disorientation.

If you or someone in your family has experienced
seizures or blackouts, please consult with your
physician before using an application that produces
flashing-light effects on your mobile device.

Seizures/Blackouts

To reduce eyestrain and avoid headaches, it is always
a good idea to hold the screen a comfortable distance
from your eyes, use in a well-lit area, and take frequent
breaks.

Some people may be susceptible to seizures or
blackouts (even if they have never had one before)

8 Important Safety Information

Caution About High Volume Usage

WARNING: Exposure to loud noise from any source

To protect your hearing:

●

Limit the amount of time you use headsets or
headphones at high volume.

●

Avoid turning up the volume to block out noisy
surroundings.

●

Turn the volume down if you can’t hear people
speaking near you.

If you experience hearing discomfort, including the
sensation of pressure or fullness in your ears, ringing in
your ears, or muffled speech, you should stop listening

for extended periods of time may affect
your hearing. The louder the volume
sound level, the less time is required
before your hearing could be affected.

Important Safety Information 9

to the device through your headset or headphones
and have your hearing checked.

For more information about hearing, see our website

direct.motorola.com/hellomoto/nss/AcousticSafety.asp

at
(in English only).

Repetitive Motion

When you repetitively perform actions such as
pressing keys or entering finger-written characters, you
may experience occasional discomfort in your hands,
arms, shoulders, neck, or other parts of your body. If
you continue to have discomfort during or after such
use, stop use and see a physician.

Children

Keep your mobile device and its accessories away
from small children.

may be hazardous to small children. For example:

These products are not toys and

●

A choking hazard may exist for small, detachable
parts.

●

Improper use could result in loud sounds, possibly
causing hearing injury.

●

Improperly handled batteries could overheat and
cause a burn.

Supervise access for older children.

computer, if an older child does use your mobile
device, you may want to monitor their access to help
prevent:

●

Exposure to inappropriate apps or content.

●

Improper use of apps or content.

●

Loss of data.

Similar to a

Glass Parts

Some parts of your mobile device may be made of
glass. This glass could break if the product receives a
substantial impact. If glass breaks, do not touch or

10 Important Safety Information

attempt to remove. Stop using your mobile device until
the glass is replaced by a qualified service center.

Operational Warnings

Obey all posted signs when using mobile devices in
public areas.

Potentially Explosive Atmospheres

Potentially explosive areas are often, but not always,
posted and can include blasting areas, fueling stations,
fueling areas (such as below decks on boats), fuel or
chemical transfer or storage facilities, or areas where
the air contains chemicals or particles, such as grain
dust, or metal powders.

When you are in such an area, turn off your mobile
device, and do not remove, install, or charge batteries,
unless it is a radio product type especially qualified for
use in such areas and certified as “Intrinsically Safe”
(for example, Factory Mutual, CSA, or UL approved). In

such areas, sparks can occur and cause an explosion

032374o

032376o

032375o

or fire.

Symbol Key

Your battery, charger, or mobile device may contain
symbols, defined as follows:

Symbol Definition

Important safety information follows.

Do not dispose of your battery or
mobile device in a fire.

Your battery or mobile device may
require recycling in accordance with
local laws. Contact your local regulatory
authorities for more information.

Symbol Definition

Do not dispose of your battery or
mobile device with your household
waste. See “Recycling” for more
information.

Do not use tools.

For indoor use only.

Radio Frequency (RF) Energy

Exposure to RF Energy

Your mobile device contains a transmitter and receiver.
When it is ON, it receives and transmits RF energy.
When you communicate with your mobile device, the

Important Safety Information 11

system handling your call controls the power level at
which your mobile device transmits.

Your mobile device is designed to comply with local
regulatory requirements in your country concerning
exposure of human beings to RF energy.

RF Energy Operational Precautions

For optimal mobile device performance, and to be
sure that human exposure to RF energy does not
exceed the guidelines set forth in the relevant
standards, always follow these instructions and
precautions:

●

When placing or receiving a phone call, hold your
mobile device just like you would a landline phone.

●

If you wear the mobile device on your body, always
place the mobile device in a Motorola-supplied or
approved accessory (e.g. clip, holder, holster, case
or arm band). If you do not use a body-worn
accessory supplied or approved by Motorola,

12 Important Safety Information

ensure that whatever product is used is free of any
metal and that it positions the mobile device at least

2.5 cm (1 inch) away from the body.

●

Using accessories not supplied or approved by
Motorola may cause your mobile device to exceed
RF energy exposure guidelines. For a list of
Motorola-supplied or approved accessories, visit
our website at: www.mot orola.com

RF Energy Interference/Compatibility

Nearly every electronic device is subject to RF energy
interference from external sources if inadequately
shielded, designed, or otherwise configured for RF
energy compatibility. In some circumstances, your
mobile device may cause interference with other
devices.

.

Follow Instructions to Avoid Interference
Problems

Turn off your mobile device in any location where
posted notices instruct you to do so, such as hospitals
or health care facilities.

In an aircraft, turn off your mobile device whenever
instructed to do so by airline staff. If your mobile device
offers an airplane mode or similar feature, consult
airline staff about using it in flight.

Medical Devices

If you have a medical device, including an implantable
medical device such as a pacemaker or defibrillator,
consult your healthcare provider and the device
manufacturer’s directions before using this mobile
device.

Persons with implantable medical devices should
observe the following precautions:

Important Safety Information 13

●

ALWAYS keep the mobile device more than
20 centimeters (8 inches) from the implantable
medical device when the mobile device is turned
ON.

●

DO NOT carry the mobile device in the breast
pocket.

●

Use the ear opposite the implantable medical
device to minimize the potential for interference.

●

Turn OFF the mobile device immediately if you have
any reason to suspect that interference is taking
place.

Regulatory Information

Your Motorola mobile device is designed to comply
with national and international regulatory requirements.
For full compliance statements and details, please
refer to the regulatory information in your printed
product guide.

Specific Absorption Rate (FCC & IC)

YOUR MOBILE DEVICE MEETS FCC AND IC
LIMITS FOR EXPOSURE TO RADIO WAVES.

Your mobile device is a radio transmitter and receiver.
It is designed not to exceed the limits for exposure to
radio waves (radio frequency electromagnetic fields)
adopted by the Federal Communications Commission
(FCC) and Industry Canada (IC). These limits include a
substantial safety margin designed to assure the safety
of all persons, regardless of age and health.

The radio wave exposure guidelines use a unit of
measurement known as the Specific Absorption Rate,
or SAR. The SAR limit for mobile devices is 1.6 W/kg.

Tests for SAR are conducted using standard operating
positions with the device transmitting at its highest
certified power level in all tested frequency bands. The

14 Important Safety Information

highest SAR values under the FCC and IC guidelines
for your device model are listed below:

Head SAR

Body-worn
SAR

During use, the actual SAR values for your device are
usually well below the values stated. This is because,
for purposes of system efficiency and to minimize
interference on the network, the operating power of
your mobile device is automatically decreased when
full power is not needed for the call. The lower the
power output of the device, the lower its SAR value.

If you are interested in further reducing your RF
exposure then you can easily do so by limiting your
usage or simply using a hands-free kit to keep the
device away from the head and body.

LTE 1950, Wi-Fi,
Bluetooth

CDMA 1900, Wi-Fi,
Bluetooth

0.89 W/kg

0.77 W/kg

Additional information can be found at

0168

[Only Indoor Use Allowed In France
for Bluetooth and/or Wi-Fi]

0168

0168

Product
Approval
Number

www.motorola.com/rfhealth

.

European Union Directives Conformance
Statement

The following CE compliance information is applicable
to Motorola mobile devices that carry one of the
following CE marks:

●

All other relevant EU Directives

For products that support Wi-Fi 802.11a (as defined in
your product information): This device is restricted to
indoor use when operating in the 5.15 to 5.25 GHz
(802.11a) Wi-Fi frequency band.

The following gives an example of a typical Product
Approval Number:

Hereby, Motorola declares that this product is in
compliance with:

●

The essential requirements and other relevant
provisions of Directive 1999/5/EC

You can view your product’s Declaration of Conformity
(DoC) to Directive 1999/5/EC (to R&TTE Directive) at

www.motorola.com/rtte

DoC, enter the Product Approval Number from your
product’s label in the “Search” bar on the website.

Important Safety Information 15

(in English only). To find your

FCC Notice to Users

The following statement applies to all products that
bear the FCC logo and/or the FCC ID on the
product label.

This equipment has been tested and found to comply
with the limits for a Class B digital device, pursuant to
part 15 of the FCC Rules. See 47 CFR Sec. 15.105(b).
These limits are designed to provide reasonable
protection against harmful interference in a residential
installation. This equipment generates, uses and can
radiate radio frequency energy and, if not installed and
used in accordance with the instructions, may cause
harmful interference to radio communications.
However, there is no guarantee that interference will
not occur in a particular installation. If this equipment
does cause harmful interference to radio or television
reception, which can be determined by turning the
equipment off and on, the user is encouraged to try to

16 Important Safety Information

correct the interference by one or more of the following
measures:

●

Reorient or relocate the receiving antenna.

●

Increase the separation between the equipment
and the receiver.

●

Connect the equipment to an outlet on a circuit
different from that to which the receiver is
connected.

●

Consult the dealer or an experienced radio/TV
technician for help.

This device complies with part 15 of the FCC Rules.
Operation is subject to the following two conditions: (1)
This device may not cause harmful interference, and
(2) this device must accept any interference received,
including interference that may cause undesired
operation. See 47 CFR Sec. 15.19(a)(3).

Motorola has not approved any changes or
modifications to this device by the user. Any changes

or modifications could void the user’s authority to
operate the equipment. See 47 CFR Sec. 15.21.

For products that support Wi-Fi 802.11a (as defined in
product information): In the United States, do not use
your device outdoors while connected to an 802.11a
Wi-Fi network. The FCC prohibits such outdoor use
since frequencies 5.15-5.25 GHz can cause
interference with Mobile Satellite Services (MSS).
Public Wi-Fi access points in this range are optimized
for indoor use.

Industry Canada Notice to Users

This device complies with Industry Canada license­exempt RSS standard(s). Operation is subject to the
following two conditions: (1) This device may not
cause interference and (2) This device must accept
any interference, including interference that may cause
undesired operation of the device. See RSS-GEN 7.1.5.

Important Safety Information 17

This Class B digital apparatus complies with Canadian
ICES-003.

Software Notices

Warning against unlocking the bootloader or
altering a product's operating system software:

Motorola strongly rec ommends against altering a
product's operating system, which includes unlocking
the bootloader, rooting a device or running any
operating software other than the approved versions
issued by Motorola and its partners. Such alterations
may permanently damage your product, cause your
product to be unsafe and/or cause your product to
malfunction. In such cases, neither the product nor any
damage resulting therefrom will be covered by
warranty.

Important FCC information:

enable any changes to the product that will impact its
FCC grant of equipment authorization. The FCC grant

You must not make or

is based on the product's emission, modulation, and
transmission characteristics, including: power levels,
operating frequencies and bandwidths, SAR levels,
duty-cycle, transmission modes (e.g., CDMA, GSM),
and intended method of using the product (e.g., how
the product is held or used in proximity to the body). A
change to any of these factors will invalidate the FCC
grant. It is illegal to operate a transmitting product
without a valid grant.

Location Services

The following information is applicable to Motorola
mobile devices that provide location based
functionality. Location sources can include GPS, AGPS
and Wi-Fi.

Your mobile device can use Global Positioning
System (GPS) signals for location-based applications.
GPS uses satellites controlled by the U.S. government
that are subject to changes implemented in

18 Important Safety Information

accordance with the Department of Defense policy
and the Federal Radio Navigation Plan. These
changes may affect the performance of location
technology on your mobile device.

Your mobile device can also use Assisted Global
Positioning System (AGPS), which obtains information
from the cellular network to improve GPS
performance. AGPS uses your wireless service
provider's network and therefore airtime, data charges,
and/or additional charges may apply in accordance
with your service plan. Contact your wireless service
provider for details.

Your mobile device can also use Wi-Fi signals to
determine your approximate location, using
information from known and available Wi-Fi networks.

Your Location

Location-based information includes information that
can be used to determine the approximate location of

a mobile device. Mobile devices which are connected
to a wireless network transmit location-based
information. Devices enabled with location technology
also transmit location-based information. Additionally, if
you use applications that require location-based
information (e.g. driving directions), such applications
transmit location-based information. This location­based information may be shared with third parties,
including your wireless service provider, applications
providers, Motorola, and other third parties providing
services.

Emergency Calls

When you make an emergency call, the cellular
network may activate the AGPS technology in your
mobile device to tell the emergency responders your
approximate location.

AGPS has limitations and

area

. Therefore:

might not work in your

Important Safety Information 19

●

Always tell the emergency responder your location
to the best of your ability; and

●

Remain on the phone for as long as the emergency
responder instructs you.

Navigation

The following information is applicable to Motorola
mobile devices that provide navigation features.

When using navigation features, note that mapping
information, directions and other navigational data may
contain inaccurate or incomplete data. In some
countries, complete information may not be available.
Therefore, you should visually confirm that the
navigational instructions are consistent with what you
see. All drivers should pay attention to road conditions,
closures, traffic, and all other factors that may impact
driving. Always obey posted road signs.

Privacy & Data Security

Motorola understands that privacy and data security
are important to everyone. Because some features of
your mobile device may affect your privacy or data
security, please follow these recommendations to
enhance protection of your information:

●

Monitor access

and do not leave it where others may have
unmonitored access. Use your device’s security and
lock features, where available.

●

Keep software up to date

software/application vendor releases a patch or
software fix for your mobile device that updates the
device’s security, install it as soon as possible.

●

Secure Personal Information

can store personal information in various locations
including your SIM card, memory card, and phone
memory. Be sure to remove or clear all personal

20 Important Safety Information

—Keep your mobile device with you

—If Motorola or a

—Your mobile device

information b efo re you recycle , return, or give away
your device. You can also backup your personal
data to transfer to a new device.

Note:

For information on how to backup or wipe data
from your mobile device, go to
www.motorola.com/support

●

Online accounts

Motorola online account (such as MOTOBLUR). Go
to your account for information on how to manage
the account, and how to use security features such
as remote wipe and device location (where
available).

●

Applications and updates

and updates carefully, and install from trusted
sources only. Some apps can impact your phone’s
performance and/or have access to private
information including account details, call data,
location details and network resources.

.

—Some mobile devices provide a

—Choose your apps

●

Wireless

—For mobile devices with Wi-Fi features,
only connect to trusted Wi-Fi networks. Also, when
using your device as a hotspot (where available)
use network security. These precautions will help
prevent unauthorized access to your device.

●

Location-based information

enabled with location based technologies such as
GPS, AGPS or Wi-Fi, can transmit location-based
information. See “Location Services” for more
details.

●

Other information your device may transmit

Your device may also transmit testing and other
diagnostic (including location-based) information,
and other non-personal information to Motorola or
other third-party servers. This information is used to
help improve products and services offered by
Motorola.

If you have further questions regarding how the use of
your mobile device may impact your privacy or data

—Mobile devices

—

Important Safety Information 21

security, please contact Motorola at

[e-mail]

, or contact your service provider.

Use & Care

To care for your Motorola mobile device, please
observe the following:

Liquids

Don’t expose your mobile device to water,
rain, extreme humidity, sweat, or other
liquids.

Drying

Don’t try to dry your mobile device using a
microwave oven, conventional oven, or dryer,
as this may damage the mobile device.

Extreme Heat or Cold

Don’t store or use your mobile device in
temperatures below -10°C (14°F) or above
60°C (140°F). Don’t recharge your mobile
device in temperatures below 0°C (32°F) or
above 45°C (113°F).

Dust and Dirt

Don’t expose your mobile device to dust, dirt,
sand, food, or other inappropriate materials.

Cleaning

To clean your mobile device, use only a dry
soft cloth. Don’t use alcohol or other
cleaning solutions.

Shock and Vibration

Don’t drop your mobile device.

22 Important Safety Information

Protection

To help protect your mobile device, always
make sure that any battery, connector and
compartment covers are closed and secure.

Recycling

Mobile Devices & Accessories

Please do not dispose of mobile devices or
electrical accessories (such as chargers,
headsets, or batteries) with your household
waste, or in a fire. These items should be
disposed of in accordance with the national collection
and recycling schemes operated by your local or
regional authority. Alternatively, you may return
unwanted mobile devices and electrical accessories to
any Motorola Approved Service Center in your region.
Details of Motorola approved national recycling
schemes, and further information on Motorola

recycling activities can be found at:

recycling

www.motorola.com/

Packaging & Product Guides

Product packaging and product guides should only
be disposed of in accordance with national collection
and recycling requirements. Please contact your
regional authorities for more details.

California Perchlorate Label

Some mobile phones use an internal, permanent
backup battery on the printed circuit board that may
contain very small amounts of perchlorate. In such
cases, California law requires the following label:

Perchlorate Material – special handling may apply
when the battery is recycled or disposed of. See

www.dtsc.ca.gov/hazardouswaste/perchlorate

only).
There is no special handling required by consumers.

(in English

Important Safety Information 23

Hearing Aid Compatibility with Mobile
Phones

Some Motorola phones are measured for compatibility
with hearing aids. If the box for your particular model
has “Rated for Hearing Aids” printed on it, the following
explanation applies.

When some mobile phones are used near some
hearing devices (hearing aids and cochlear implants),
users may detect a buzzing, humming, or whining
noise. Some hearing devices are more immune than
others to this interference noise, and phones also vary
in the amount of interference they generate.

The wireless telephone industry has developed ratings
for some of their mobile phones, to assist hearing
device users in finding phones that may be
compatible with their hearing devices. Not all phones
have been rated. Phones that are rated have the rating
on their box or a label on the box. To maintain the

published Hearing Aid Compatibility (HAC) rating for
this mobile phone, use only the original equipment
battery model.

This phone has been tested and rated for use with
hearing aids for some of the wireless technologies that
it uses. However, there may be some newer wireless
technologies used in this phone that have not been
tested yet for use with hearing aids. It is important to try
the different features of this phone thoroughly and in
different locations, using your hearing aid or cochlear
implant, to determine if you hear any interfering noise.
Contact your service provider or Motorola for
information on hearing aid compatibility. If you have
questions about return or exchange policies, contact
your service provider or phone retailer.

The ratings are not guarantees. Results will vary
depending on the user’s hearing device and hearing
loss. If your hearing device happens to be vulnerable
to interference, you may not be able to use a rated

phone successfully. Trying out the phone with your
hearing device is the best way to evaluate it for your
personal needs.

M-Ratings:

requirements and are likely to generate less
interference to hearing devices than phones that are
not labeled. M4 is the better/higher of the two ratings.

T-R ati ngs :

requirements and are likely to be more usable with a
hearing device’s telecoil (“T Switch” or “Telephone
Switch”) than unrated phones. T4 is the better/higher
of the two ratings. (Note that not all hearing devices
have telecoils in them.)

Hearing devices may also be measured for immunity
to this type of interference. Your hearing device
manufacturer or hearing health professional may help
you find results for your hearing device. The more
immune your hearing aid is, the less likely you are to
experience interference noise from mobile phones.

Phones rated T3 or T4 meet FCC

24 Important Safety Information

Phones rated M3 or M4 meet FCC

Software Copyright Notice

Motorola products may include copyrighted Motorola
and third-party software stored in semiconductor
memories or other media. Laws in the United States
and other countries preserve for Motorola and third­party software providers certain exclusive rights for
copyrighted software, such as the exclusive rights to
distribute or reproduce the copyrighted software.
Accordingly, any copyrighted software contained in
Motorola products may not be modified, reverse­engineered, distributed, or reproduced in any manner
to the extent allowed by law. Furthermore, the purchase
of Motorola products shall not be deemed to grant
either directly or by implication, estoppel, or otherwise,
any license under the copyrights, patents, or patent
applications of Motorola or any third-party software
provider, except for the normal, non-exclusive, royalty­free license to use that arises by operation of law in the
sale of a product.

Important Safety Information 25

Content Copyright

The unauthorized copying of copyrighted materials is
contrary to the provisions of the Copyright Laws of the
United States and other countries. This device is
intended solely for copying non-copyrighted materials,
materials in which you own the copyright, or materials
which you are authorized or legally permitted to copy. If
you are uncertain about your right to copy any
material, please contact your legal advisor.

Open Source Software Information

For instructions on how to obtain a copy of any source
code being made publicly available by Motorola
related to software used in this Motorola mobile device,
you may send your request in writing to the address
below. Please make sure that the request includes the
model number and the software version number.
MOTOROLA MOBILITY, INC.
OSS Management

600 North US Hwy 45
Libertyville, IL 60048
USA

The Motorola website
English only) also contains information regarding
Motorola's use of open source.

Motorola has created the
website to serve as a portal for interaction with the
software community-at-large.

To view additional information regarding licenses,
acknowledgments and required copyright notices for
open source packages used in this Motorola mobile
device, please press

About phone
Open source licenses

device may include self-contained applications that
present supplemental notices for open source
packages used in those applications.

26 Important Safety Information

opensource.motorola.com

opensource.motorola.com

Apps

>

>

Legal information

. In addition, this Motorola

Settings

>

(in

>

Export Law Assurances

This product is controlled under the export regulations
of the United States of America and Canada. The
Governments of the United States of America and
Canada may restrict the exportation or re-exportation
of this product to certain destinations. For further
information contact the U.S. Department of Commerce
or the Canadian Department of Foreign Affairs and
International Trade.

Product Registration

Online Product Registration:

www.motorola.com/us/productregistration

only)
Product registration is an important step toward

enjoying your new Motorola product. Registering
permits us to contact you for product or software
updates and allows you to subscribe to updates on

(in English

new products or special promotions. Registration is not
required for warranty coverage.

Please retain your original dated sales receipt for your
records. For warranty service of your Motorola product
you will need to provide a copy of your dated sales
receipt to confirm warranty status.

Thank you for choosing a Motorola product.

Service & Repairs

If you have questions or need assistance, we're here to
help.

Go to

www.motorola.com/repair

www.motorola.com/support

select from a number of customer care options. You
can also contact the Motorola Customer Support
Center at 1-800-734-5870 (United States), 1-888-390­6456 (TTY/TDD United States for hearing impaired), or
1-800-461-4575 (Canada).

(United States) or

(Canada), where you can

Important Safety Information 27

How to Obtain Service or Other Information

1.

Please access and review the online Customer
Support section of Motorola's consumer website
prior to requesting warranty service.

2.

If the Product is still not functioning properly after
making use of this resource, please contact the
Warrantor listed at the Motorola website or the
contact information for the corresponding
location.

3.

A representative of Motorola, or of a Motorola
Authorized Repair Center, will help determine
whether your Product requires service. You may
be required to download, or otherwise obtain and
accept software updates from Motorola or a
Motorola Authorized Repair Center. You are
responsible for any applicable carrier service fees

incurred while obtaining the required downloads.
Complying with the warranty process, repair
instructions and accepting such software
updates is required in order to receive additional
warranty support.

4.

If the software update does not fix the problem,
you will receive instructions on how to ship the
Product to a Motorola Authorized Repair Center
or other entity.

5.

To obtain warranty service, as permitted by
applicable law, you are required to include: (a) a
copy of your receipt, bill of sale or other
comparable proof of purchase; (b) a written
description of the problem; (c) the name of your
service provider, if applicable; (d) your address
and telephone number. In the event the Product
is not covered by the Motorola Limited Warranty,

28 Important Safety Information

Motorola will inform the consumer of the
availability, price and other conditions applicable
to the repair of the Product.

To obtain service or other information, please
access and review the online Customer Support
section of Motorola's consumer website at

www.motorola.com

Owner’s Record

The model number, regulatory number, and serial
number are located on a nameplate inside the battery
compartment. Record the serial number in the space
provided below. This will be helpful if you need to
contact us about your phone in the future.

Model: MOTOROLA PHOTON Q 4G LTE (Model
XT897)

Serial No.:

.

Copyright & Trademarks

Motorola Mobility, Inc.
Consumer Advocacy Office
600 N US Hwy 45
Libertyville, IL 60048

www.motorola.com

Note:

Do not ship your product to the above address. If
you need to return your product for repairs,
replacement, or warranty service, please contact
the Motorola Customer Support Center at:



1 [phone] (United States)
1 [phone] (TT Y, TDD United States for
hearing impaired)
1 [phone] (Canada)

Certain features, services and applications are network
dependent and may not be available in all areas;
additional terms, conditions and/or charges may
apply. Contact your service provider for details.

Important Safety Information 29

All features, functionality, and other product
specifications, as well as the information contained in
this guide, are based upon the latest available
information and believed to be accurate at the time of
printing. Motorola reserves the right to change or
modify any information or specifications without notice
or obligation.

Note:

The images in this guide are examples only.

MOTOROLA and the Stylized M Logo are trademarks
or registered trademarks of Motorola Trademark
Holdings, LLC. Google, the Google logo, Google
Maps, Google Talk, Google Latitude, Gmail, YouTube,
Picasa, Google Play, Google Drive, Google Goggles,
Google Finance, Google Places, Google Maps
Navigation Beta, Google Calendar, Android and other
marks are trademarks of Google, Inc. All other product
or service names are the property of their respective
owners.

© 2012 Motorola Mobility, Inc. All rights reserved.

WARN ING: Motorola does not take responsibility for

Product ID: MOTOROLA PHOTON Q 4G LTE (Model
XT897)

changes/modification to the transceiver.

Manual Number: NNTN9256A

30 Important Safety Information

Your device has been designed to provide you with

Manufacturer’s Warranty

reliable, worry-free service. If for any reason you have a
problem with your equipment, please refer to the
manufacturer’s warranty in this section.

For information regarding the terms and conditions of
service for your device, please visit

www.sprint.com

or

call Sprint Customer Service at 1-888-211-4727.

Note: In addition to the warranty provided by your

device’s manufacturer, which is detailed on
the following pages, Sprint offers a number
of optional plans to cover your equipment
for non-warranty claims.

Equipment Protection

combined coverage of the

Equipment Replacement Program
Sprint Equipment Service and Repair

, both of which are available

Program

separately. Each of these programs may be
signed up for within 30 days of activating
your device. For more details, please visit
your nearest Sprint Store or call Sprint at 

1-800-584-3666

provides the

.

Sprint Total

Sprint

and the

Manufacturer’s Warranty 31

Motorola Mobility Inc. Limited Global
Warranty Mobile Phones

Note:

This Limited Warranty is not applicable in
Quebec, Canada.

FOR CONSUMERS WHO ARE COVERED BY
CONSUMER PROTECTION LAWS OR
REGULATIONS IN THEIR COUNTRY OF PURCHASE
OR, IF DIFFERENT, THEIR COUNTRY OF
RESIDENCE, THE BENEFITS CONFERRED BY THIS
LIMITED WARRANTY ARE IN ADDITION TO ALL
RIGHTS AND REMEDIES CONVEYED BY SUCH
CONSUMER PROTECTION LAWS AND
REGULATIONS.

Who is Covered?

This Limited Warranty extends only to the first
consumer purchaser of the Product, and is not
transferable.

32 Manufacturer’s Warranty

What Does this Limited Warranty Cover?

Motorola Mobility Inc. or its subsidiaries' warranty
obligations are limited to the terms and conditions set
forth herein. Subject to the exclusions contained
below, Motorola Mobility Inc or its subsidiaries
("Motorola") warrant this Mobile Phone, and any in­box accessories which accompany such Mobile
Phone ("Product") against defects in materials and
workmanship, under normal consumer use, for a
period of ONE (1) YEAR from the date of retail
purchase by the original end-user purchaser, or the
period of time required by the laws of the country
where the Product is purchased, whichever is longer
("Warranty Period").

Repairs made under this Limited Warranty are
covered for the balance of the original Warranty
Period, or 90 days from the date of service, whichever
is longer. Any upgrade to the original product will be

covered only for the duration of the original Warranty
Period.

This Limited Warranty is only available in the country
where the Product was purchased. Motorola may
provide service outside the country of purchase, to the
extent that it is possible and under the terms and
conditions of the country of purchase.

This Limited Warranty applies only to new Products
which are a) manufactured by or for Motorola as
identified by the "Motorola" trademark, trade name, or
logo legally affixed to them; b) purchased by
consumers from an authorized reseller or distributor of
Motorola Products; and c) accompanied by this written
Limited Warranty.

What Will Motorola Do?

If a covered defect or damage arises and a valid
warranty claim is received within the applicable
Warranty Period, Motorola, at its sole option, unless

Manufacturer’s Warranty 33

otherwise required by applicable law, will either (1)
repair, at no charge, the defect or damage using new,
used or reconditioned/refurbished functionally
equivalent replacement parts; or (2) exchange the
Product with a replacement Product that is new or
which has been reconditioned/refurbished or
otherwise remanufactured from new or used parts and
is functionally equivalent to the original Product; or (3)
refund the purchase price of any Products covered by
the terms and conditions of this Limited Warranty.

Products, parts and supporting documentation
provided to Motorola as part of the warranty process,
shall become the property of Motorola, and may not
be returned. When a replacement or refund is given,
the Product for which the replacement or refund is
provided must be returned to Motorola and shall
become the property of Motorola.

Damage caused by accident, ab use, misuse, liquid

Exclusions (Products and Accessories)

This warranty does not apply to:

(a)

Consumable parts

coatings designed to diminish over time unless failure
has occurred due to a defect in materials or
workmanship. As with all batteries, the maximum
capacity of the battery will decrease with time and use;
this is not a defect. Only defective batteries and
batteries that leak are covered by this warranty.

Cosmetic damage

(b)
scratches, dents, cracks or other cosmetic damage.

Damage caused by use with non-Motorola

(c)

products.

Defects or damage that result from the use
of non-Motorola branded or certified Products,
accessories or other peripheral equipment, including
without limitation housings, parts, or software, are
excluded from coverage.

, such as batteries or protective

, including but not limited to

(d)

contact, fire, earthquake or other external causes;

including but not limited to: (i) improper usage or
operation (e.g. operating the Product outside their
permitted or intended uses as defined by Motorola,
including but not limited to as set forth by Motorola in
the Products' User Manual, Quick Start Guide, Online
Tutorials, and other documentation), improper storage
(e.g. subjecting the Product to extreme temperatures),
abuse or neglect (e.g. broken/bent/missing clips/
fasteners/connectors); impact damage (e.g. dropping
the Product) (ii) contact with liquids, water, rain,
extreme humidity, heavy perspiration or other
moisture; sand, food, dirt or similar substances (except
for Products sold as resistant to such substances, but
only to the extent the damage was not caused by
incorrectly securing the phone's protective elements
or subjecting the Product to conditions beyond its
stated specifications or limits); (iii) use of the Products
for commercial rental purposes; or (iv) external causes

34 Manufacturer’s Warranty

or acts which are not the fault of Motorola, including
but not limited to flood, fire, earthquake, tornado or
other acts of God, are excluded from coverage.

Unauthorized Service or Modification.

(e)
damage resulting from service, testing, adjustment,
installation, maintenance, alteration, or modification in
any way, including but not limited to tampering with or
altering the software, by someone other than Motorola,
or its authorized service centers, are excluded from
coverage. Notwithstanding the foregoing, any Product
which has had its bootloader unlocked, or whose
operating system has been altered, including any
failed attempts to unlock the bootloader or alter such
operating system, is not covered by this warranty,
regardless of whether such modifications are
authorized, approved, or otherwise sanctioned by

Defects or

Motorola.

A product or part that has been modified in any

(f)

manner without the written permission of Motorola.

Manufacturer’s Warranty 35

Products that have been altered in any manner so as
to prevent Motorola from determining whether such
Products are covered under the terms of this Limited
Warranty are excluded from coverage. The forgoing
shall include but not be limited to (i) serial numbers,
date tags or other manufacturer coding that has been
removed, altered or obliterated; (ii) mismatched or
duplicated serial numbers; or (iii) broken seals or other
evidence of tampering. Do not open the Product or
attempt to repair the Product yourself; such conduct
may cause damage that is not covered by this
warranty.

Normal wear and tear or otherwise due to the

(g)

normal aging of the Product.

(h)

Defects, damages, or the failure of the Product due
to any communication service or network you
subscribe to or use with the Products.

(i)

All software, including operating system software,

third-party software, applications, and all other

software of any kind.

is provided "AS-IS" and "AS AVAILABLE," "WITH ALL
FAULTS" and without a warranty of any kind. The
Limited Warranty does not apply to any non-Motorola
product or any software, even if packaged or sold with
the Motorola hardware, unless otherwise required by
applicable local law.

Products that have been refurbished, reconditioned,

(j)

or remanufactured,

replaced pursuant to the terms of this Limited
Warranty.

If damage is outside the scope of warranty coverage,
repair services may be available, but all costs
associated with such out of warranty repair will be your
responsibility.

Software distributed by Motorola

except for Products repaired or

What Other Limitations are There?

●

TO THE EXTENT PERMITTED BY APPLICABLE
LAW, THIS LIMITED WARRANTY AND THE

36 Manufacturer’s Warranty

REMEDIES SET FORTH HEREIN ARE EXCLUSIVE
AND IN LIEU OF ALL OTHER WARRANTIES AND
REMEDIES, WHETHER ORAL OR WRITTEN,
STATUTORY, EXPRESS OR IMPLIED. NO ORAL OR
WRITTEN REPRESENTATIONS MADE BY
MOTOROLA OR ANY SELLER, RESELLER OR
DISTRIBUTOR OF THE PRODUCTS, INCLUDING
EMPLOYEES AND AGENTS THEREOF, SHALL
CREATE ANY ADDITIONAL WARRANTY
OBLIGATIONS, INCREASE THE SCOPE, OR
OTHERWISE MODIFY IN ANY MANNER THE
TERMS OF THIS LIMITED WARRANTY.

●

TO THE EXTENT PERMITTED BY APPLICABLE
LAW, MOTOROLA SPECIFICALLY DISCLAIMS ANY
AND ALL STATUTORY OR IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT
AND ALL WARRANTIES AGAINST HIDDEN OR

LATENT DEFECTS. WHERE SUCH STATUTORY OR
IMPLIED WARRANTIES CANNOT LAWFULLY BE
DISCLAIMED, THEN TO THE EXTENT PERMITTED
BY LAW, ALL SUCH WARRANTIES SHALL BE
LIMITED IN DURATION TO THE DURATION OF THE
EXPRESS LIMITED WARRANTY CONTAINED
HEREIN AND THE REMEDIES OF REPAIR,
REPLACEMENT, OR REFUND AS DETERMINED
BY MOTOROLA IN ITS SOLE DISCRETION SHALL
BE THE EXCLUSIVE REMEDY OF THE
CONSUMER.

●

TO THE EXTENT PERMITTED BY APPLICABLE
LAW, MOTOROLA DOES NOT WARRANT THAT
THE OPERATION OF ANY PRODUCTS OR
SOFTWARE COVERED UNDER THIS LIMITED
WARRANTY WILL MEET YOUR REQUIREMENTS,
WORK IN COMBINATION WITH ANY HARDWARE
OR SOFTWARE APPLICATIONS OR THIRD PARTY
SERVICES, BE UNINTERRUPTED, ERROR-FREE,

Manufacturer’s Warranty 37

OR WITHOUT RISK TO, OR LOSS OF, ANY
INFORMATION, DATA, SOFTWARE OR
APPLICATIONS CONTAINED THEREIN, OR THAT
DEFECTS IN THE PRODUCTS OR SOFTWARE
WILL BE CORRECTED.

●

TO THE EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL MOTOROLA BE
LIABLE, WHETHER IN CONTRACT, TORT OR
UNDER OTHER LEGAL THEORY (INCLUDING
NEGLIGENCE), FOR DAMAGES IN EXCESS OF
THE PURCHASE PRICE OF THE PRODUCTS, OR
FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND, OR
LOSS OF REVENUE OR PROFITS; LOSS OF
BUSINESS; BUSINESS INTERRUPTION; LOSS OF
OPPORTUNITY; LOSS OF GOODWILL; LOSS OF
REPUTATION; LOSS OF, DAMAGE TO, OR
CORRUPTION OF INFORMATION, DATA,
SOFTWARE OR APPLICATIONS (INCLUDING ANY

COSTS ASSOCIATED WITH RECOVERING,
PROGRAMMING, OR REPRODUCING ANY
INFORMATION, DATA, SOFTWARE OR
APPLICATIONS STORED ON OR USED WITH
MOTOROLA PRODUCTS, OR ANY FAILURE TO
MAINTAIN THE CONFIDENTIALITY OF ANY
INFORMATION OR DATA STORED ON THE
PRODUCTS); OR OTHER FINANCIAL LOSS
ARISING OUT OF OR IN CONNECTION WITH THE
ABILITY OR INABILITY TO USE THE PRODUCTS.

●

SOME STATES OR JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR
THE EXCLUSION OR LIMITATION ON THE LENGTH
OF AN IMPLIED WARRANTY, OR THE LIMITATION
OR EXCLUSION OF DAMAGES FOR PERSONAL
INJURIES CAUSED BY NEGLIGENCE, SO THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY TO YOU. THIS WARRANTY GIVES YOU

38 Manufacturer’s Warranty

SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO
HAVE OTHER RIGHTS THAT VARY FROM STATE
OR JURISDICTION.

●

DATA BACKUP:

SOFTWARE OR OTHER APPLICATIONS,
INCLUDING BUT NOT LIMITED TO PERSONAL
CONTACTS, ADDRESS BOOKS, PICTURES, MUSIC
AND GAMES WILL BE ERASED DURING THE
REPAIR PROCESS, AND CAN NOT BE
REINSTALLED BY MOTOROLA. TO AVOID LOSING
SUCH INFORMATION, DATA, SOFTWARE OR
OTHER APPLICATIONS PLEASE CREATE A BACK
UP BEFORE YOU DELIVER YOUR PRODUCT FOR
WARRANTY SERVICE, REMOVE ANY
CONFIDENTIAL, PROPRIETARY OR PERSONAL
INFORMATION AND DISABLE ANY SECURITY
PASSWORDS. YOU WILL BE RESPONSIBLE FOR
REINSTALLING ALL SUCH INFORMATION, DATA,
SOFTWARE, OTHER APPLICATIONS AND

ALL INFORMATION, DATA,

PASSWORDS. MOTOROLA AND/OR ITS
AUTHORIZED SERVICE CENTERS ARE NOT
RESPONSIBLE FOR THE LOSS OR MISUSE OF
ANY DATA, FILES, CONTENT, APPLICATIONS AND
PROGRAMS WHEN THE PRODUCT IS DELIVERED
FOR WARRANTY SERVICE. YOUR PRODUCT OR
A REPLACEMENT PRODUCT WILL BE RETURNED
TO YOU AS YOUR PRODUCT WAS CONFIGURED
WHEN ORIGINALLY PURCHASED, SUBJECT TO
APPLICABLE SOFTWARE UPDATES. MOTOROLA
MAY INSTALL OPERATING SYSTEM SOFTWARE
UPDATES AS PART OF WARRANTY SERVICE
THAT MAY PREVENT THE PRODUCT FROM
REVERTING TO AN EARLIER VERSION OF THE
OPERATING SYSTEM SOFTWARE. THIRD PARTY
APPLICATIONS INSTALLED ON THE PRODUCT
MAY NOT BE COMPATIBLE OR WORK WITH THE
PRODUCT AS A RESULT OF THE OPERATING
SYSTEM SOFTWARE UPDATE. MOTOROLA AND
ITS AUTHORIZED SERVICE CENTERS ARE NOT

Manufacturer’s Warranty 39

RESPONSIBLE FOR THE LOSS OF, OR INABILITY
TO USE, SUCH INFORMATION, DATA, SOFTWARE
OR OTHER APPLICATIONS.

●

WARNING AGAINST UNLOCKING THE
BOOTLOADER OR ALTERING A PRODUCT'S
OPERATING SYSTEM SOFTWARE:

STRONGLY RECOMMENDS AGAINST ALTERING
A PRODUCT'S OPERATING SYSTEM, WHICH
INCLUDES UNLOCKING THE BOOTLOADER,
ROOTING A DEVICE OR RUNNING ANY
OPERATING SOFTWARE OTHER THAN THE
APPROVED VERSIONS ISSUED BY MOTOROLA
AND ITS PARTNERS. SUCH ALTERATIONS MAY
PERMANENTLY DAMAGE YOUR PRODUCT,
CAUSE YOUR PRODUCT TO BE UNSAFE AND/OR
CAUSE YOUR PRODUCT TO MALFUNCTION. IN
SUCH CASES, NEITHER THE PRODUCT NOR ANY
DAMAGE RESULTING THEREFROM WILL BE
COVERED BY THIS WARRANTY.

MOTOROLA

●

IMPORTANT FCC INFORMATION:

MAKE OR ENABLE ANY CHANGES TO THE
PRODUCT THAT WILL IMPACT ITS FCC GRANT OF
EQUIPMENT AUTHORIZATION. THE FCC GRANT
IS BASED ON THE PRODUCT'S EMISSION,
MODULATION, AND TRANSMISSION
CHARACTERISTICS, INCLUDING: POWER LEVELS,
OPERATING FREQUENCIES AND BANDWIDTHS,
SAR LEVELS, DUTY-CYCLE, TRANSMISSION
MODES (E.G., CDMA, GSM), AND INTENDED
METHOD OF USING THE PRODUCT (E.G., HOW
THE PRODUCT IS HELD OR USED IN PROXIMITY
TO THE BODY). A CHANGE TO ANY OF THESE
FACTORS WILL INVALIDATE THE FCC GRANT. IT IS
ILLEGAL TO OPERATE A TRANSMITTING
PRODUCT WITHOUT A VALID GRANT.

40 Manufacturer’s Warranty

YOU MU ST NOT

Please note that these terms may not be the mo st

General Terms and
Conditions of Service

current version. A current version of the terms is
available at our website at ww w.sprint.com/
termsandconditions or upon request.

Note: Para solicitar esta literatura en español, por

favor contactar a
www.sprint.com/espanol

1-800-777-4681

.

Basic Definitions

In this document: (1) “we,” “us,” “our,” and “Sprint”
mean Sprint Solutions, Inc., as contracting agent on
behalf of the applicable Sprint affiliated entities
providing the products and Services; (2) “you,” “your,”

v.9-9-11

General Terms and Conditions of Service 41

o visitar a

“customer,” and “user” mean an account holder or
user with us; (3) “Device” means any phone, aircard,
mobile broadband device, any other device,
accessory, or other product that we provide you, we
sell to you, or is active on your account with us; and (4)
“Service” means Sprint-branded or Nextel-branded
offers, rate plans, options, wireless services, billing
services, applications, programs, products, or Devices
on your account with us. “Service(s)” also includes any
other product or service that we offer or provide to you
that references these General Terms and Conditions of
Service (“Ts&Cs”).

The Service Agreement

These Ts&Cs are part of your service agreement with
us (the “Agreement”) and constitute a contract under
which we provide you Services under terms and
conditions that you accept.

CONTAINS A MANDATORY ARBITRATION PROVISION

THIS CONTRACT

THAT DISALLOWS CLASS ACTIONS, A CLASS
ACTION WAIVER PROVISION, AND A JURY WAIVER
PROVISION.

several parts of the Agreement, which includes but is
not limited to the following: (i) the subscriber
agreement or transaction materials that you sign or
accept; (ii) the plan(s) that you chose as set forth in our
written services and transaction materials that we
provide or refer you to during the sales transaction (if
your service plan is not specifically set forth in any
printed materials, the requirements and terms set forth
in the current written services and transaction materials
apply, excluding the monthly charge and number of
minutes included in your service plan); (iii) any
confirmation materials and invoices that we may
provide to you; and (iv) the terms set forth in the
coverage map brochures.

carefully read all of the terms of the Agreement.

In addition to these Ts&Cs, there are

It is important that you

Additional Terms

Additional terms will apply when you use certain
applications, programs, Devices, and services, and
these terms will be provided to you prior to your use of
the items. Depending on who provides the items, the
terms may come from Sprint or a third party. You are
subject to any terms provided by the third party, and
the terms are directly between you and that third party.
Sprint is not responsible for these third party items and
associated terms. Additional terms will also apply if you
activate Services as part of a bundle with another
company’s services (for example, cable services,
home phone services, etc.). The additional terms for
bundled Services may either modify or replace certain
provisions in these Ts&Cs, including terms relating to
activation, invoicing, payment, and disputing charges.
Also, a different dispute resolution provision may apply
to services provided by another company (the dispute
resolution provisions in this Agreement still apply to our

42 General Terms and Conditions of Service

v.9-9 -11

Services). You will be provided details on any
additional terms with your selection of any bundled
Service. For employee and organization discounts, the
discount percentage may vary from month-to-month
based on the terms of the agreement between your
employer, association, or other organization and Sprint.
The discount will be zero after your agreement or your
organization’s agreement with Sprint ends. Additional
terms and eligibility requirements regarding
organization discounts will be provided to you.

Our Policies

Services are subject to our business policies, practices,
and procedures (“Policies”). You agree to adhere to all
of our Policies when you use our Services. Our
Policies are subject to change at anytime with or
without notice.

When You Accept The Agreement

You must have the legal capacity to accept the
Agreement. You accept the Agreement when you do
any of the following: (a) accept the Agreement through
any printed, oral, or electronic statement, including on
the web by electronically marking that you have
reviewed and accepted; (b) attempt to or in any way
use the Services; (c) pay for the Services; or (d) open
any package or start any program that says you are
accepting the Agreement when doing so.

want to accept the Agreement, don’t do any of these
things.

If you don’t

Term Commitments & Early Termination
Fees

Many of the Services (for example, Device discounts)
that we offer require you to maintain certain Services
with us for a minimum term, usually 1 or 2 years
(“Term Commitment”).

You will be charged a fee

v.9-9-11

General Terms and Conditions of Service 43

(“Early Termination Fee”) for each line of Service that
you terminate early (i.e., prior to satisfying the Term
Commitment) or for each line of Service that we
terminate early for good reason (for example, violating
the payment or other terms of the Agreement) but such
Early Termination Fee may be prorated based on your
remaining Term Commitment.

are a part of our rates. Your exact Term Commitment
and Early Termination Fee may vary based on the
Services you select and will be disclosed to you during
the sales transaction.

Commitment and Early Termination Fee requirements
prior to selecting Services. After you have satisfied
your Term Commitment, your Services continue on a
month-to-month basis without any Early Termination
Fee, unless you agree to extend your Term
Commitment or agree to a new Term Commitment.

Services offered on a subscription basis, as described
in the “Account & Service Charges” section, may not
require a Term Commitment and may not

Early Termination Fees

Carefully review any Term

automatically renew. As explained directly below, there
are instances when you will not be responsible for an
Early Termination Fee for terminating Services early.

When You Don’t Have To Pay An Early 
Termination Fee

You aren’t responsible for paying an Early Termination
Fee when terminating Services: (a) provided on a
month-to-month basis; (b) provided on a subscription
basis that do not include a Term Commitment; (c)
consistent with our published trial period return policy;
or (d) in response to a materially adverse change that
we make to the Agreement as described directly
below.

Our Right To Change The Agreement &
Your Related Rights

We may change any part of the Agreement at any time,
including, but not limited to, rates, charges, how we

44 General Terms and Conditions of Service

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calculate charges, discounts, coverage, technologies
used to provide services, or y our terms of Service. We
will provide you notice of material changes—and we
may provide you notice of non-material changes—in a
manner consistent with this Agreement (see “Providing
Notice To Each Other Under The Agreement” section).
If a change we make to the Agreement is material and
has a material adverse effect on Services under your
Term Commitment, you may terminate each line of
Service materially affec ted without incurring an Early
Termination Fee only if you: (a) call us within 30 days
after the effective date of the change; and (b)
specifically advise us that you wish to cancel Services
because of a material change to the Agreement that
we have made.

days of the change, an Early Termination Fee will apply
if you terminate Services before the end of any
applicable Term Commitment.

If you do not cancel Service within 30

Our Right To Suspend Or Terminate
Services

We can, without notice, suspend or terminate any
Service at any time for any reason.

can suspend or terminate any Service for the
following: (a) late payment; (b) exceeding an Account
Spending Limit; (c) harassing/threatening/abusing/
offending our employees or agents; (d) providing false
or inaccurate information; (e) interfering with our
operations; (f) using/suspicion of using Services in any
manner restricted by or inconsistent with the
Agreement and Policies; (g) breaching, failing to follow,
or abusing the Agreement or Policies; (h) providing
false, inaccurate, dated, or unverifiable identification or
credit information or becoming insolvent or bankrupt;
(i) modifying a Device from its manufacturer
specifications (for example, rooting the device); (j)
failing to use our Services for an extended period of
time; (k) failing to maintain an active Device in

For example , we

v.9-9-11

General Terms and Conditions of Service 45

connection with our Services; or (l) if we believe the
action protects our interests, any customer’s interests,
or our networks.

Your Right To Change Services & When
Changes Are Effective

The account holder can typically change Services
upon request. In some instances, changes may be
conditioned on payment of an Early Termination Fee
or certain other charges, or they may require a new
Term Commitment. Changes to Services are usually
effective at the start of the next full invoicing cycle. If the
changes take place sooner, your invoice may reflect
pro-rated charges for your old and new Services. We
may, but are not obligated to, provide you the
opportunity to authorize someone else to make
changes to your Services, which will include the
authority to make changes that will extend your Term
Commitment. You are responsible for any changes to

your Services made by a person you authorize, and
those changes will be treated as modifications to this
Agreement.

Your Right To Terminate Services

You can terminate Services at any time by calling us
and requesting that we deactivate all Services. In
addition, if you return or provide your Device to Sprint
and fail to either deactivate service on the Device or
activate another Device in connection with your
Service, we reserve the right to terminate your Service,
and if you are subject to a Term Commitment, you
may be charged all or part of an Early Termination Fee.
You are responsible for all charges billed or incurred
prior to deactivation. If Services are terminated before
the end of your invoicing cycle, we won’t prorate
charges to the date of termination and you won’t
receive a credit or refund for any unused Services.

Except as provided above, if you are subject to an

46 General Terms and Conditions of Service

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Early Termination Fee, you must also pay the invoiced
Early Termination Fee for each line of Service that you
terminate early.

Credit Checks & Credit Information

We agree to provide you Services on the condition that
you have and maintain satisfactory credit according to
our standards and policies. You agree to provide
information that we may request or complete any
applications that we may provide you to facilitate our
review. We rely on the credit information you furnish,
credit bureau reports or other data available from
commercial credit reference services, and other
information (such as payment history with us) to
determine whether to provide or continue to provide
you Services. The Services we offer you can vary
based on your credit history. We may at any time,
based on your credit history, withdraw or change
Services or place limits or conditions on the use of our

Services. You agree to provide us updated credit
information upon request. We may provide your
payment history and other account billing/charge
information to any credit reporting agency or industry
clearinghouse.

Account Spending Limits (“ASL”)

An ASL is a temporary or permanent limit (typically
based on credit history, payment history, or to prevent
fraud) that we place on the amount of unpaid charges
you can accumulate on your account, regardless of
when payment on those charges is due. We reserve
the right to determine which charges count toward an
ASL. If you have an ASL, we may suspend your
Services without prior notice if your account balance
reaches the ASL, even if your account is not past due.
We may impose or increase an ASL at any time with
notice. An ASL is for our benefit only and should not
be relied on by you to manage usage.

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General Terms and Conditions of Service 47

Deposits & Returning Deposits

We may at any time require a deposit as a guarantee
of payment for you to establish or maintain Service
(“Deposit”). By providing us a Deposit, you grant us a
security interest for all current or future amounts owed
to us. We may change the Deposit at any time with
notice. You can’t use a Deposit to make or delay
payments. The Deposit, the length of time we hold the
Deposit, and changes to the Deposit are determined
based on your credit history, payment history, and
other factors. Unless prohibited by law, we may mix
Deposits with our other funds and it won’t earn interest,
and we reserve the right to return the Deposit as a
credit on your invoice at anytime. If your Services are
terminated for any reason, we may keep and apply
your Deposit to any outstanding charges. We’ll send
any remaining portion of the Deposit to your last
known address within 90 days after your final invoice—
if it is returned to us, we will forward it on to the

appropriate state authorities to the extent required by
law.

Restrictions On Using Services

You can’t use our Services: (a) in a way that could
cause damage or adversely affect any of our other
customers or our reputation, networks, property, or
Services; or (b) in any way prohibited by the terms of
our Services, the Agreement, or our Policies. You
cannot in any manner resell the Services to another
party. For additional restrictions on the use of our
Services, see our Acceptable Use Policy and Visitors
Agreement, which are available on our website, and
the detailed plan or other information on Services that
we provide or refer you to during the sales transaction.

48 General Terms and Conditions of Service

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Your Device, Number & E-mail Address;
Caller ID

We don’t manufacture any Device that we might sell to
you or that is associated with our Services, and we
aren’t responsible for any defects, acts, or omissions of
the manufacturer.

are the limited warranties given to you by the
manufacturer directly or that we pass through. Device
performance may vary based on device specifications
(for example, a device’s software, memory, and
storage), and device performance may impact access
to all of our Service s.

activated on our networks and in other coverage areas
that we may make available to you. As programmed, it
will not accept wireless service from another carrier.
Except for any legal right you may have to port/transfer
your phone number to another carrier, you have no—
and cannot gain any (for example, through publication,
use, etc.)—proprietary, ownership, or other rights to any

The only warranties on your Device

Your Device is designed to be

phone number, identification number, e-mail address,
or other identifier that we assign to you, your Device, or
your account. We’ll notify you if we decide to change
or reassign them. Your CDMA Sprint PCS phone has a
software programming lock that protects certain of the
handset’s operating parameters against unauthorized
reprogramming. If you wish to obtain the software
program lock code for your CDMA Sprint PCS phone,
please visit
information and eligibility requirements.

Sprint.com

or call 1-888-211-4727 for

Porting/Transferring Phone Numbers

We don’t guarantee that number transfers to or from us
will be successful. If you authorize another carrier to
transfer a number away from us, then that is
considered a request by you to us to terminate all of
the Services associated with that number.

responsible for all charges billed or incurred prior to

You’re

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General Terms and Conditions of Service 49

deactivation and for any applicable Early Termination
Fees

.

Coverage; Where Your Device Will Work; 
Service Speeds

Our coverage maps are available at our authorized
retail locations and on our website. The specific
network coverage you get will depend on the radio
transmissions your Device can pick up and Services
you’ve chosen.

estimates of our coverage areas when using Services
outdoors under optimal conditions. Coverage isn’t
available everywhere. Coverage and Service speeds
are not guaranteed. Coverage is subject to change
without notice. Service speeds may depend on the
Service purchased. Actual speeds will vary. Estimating
wireless coverage, signal strength, and Service speed
is not an exact science. There are gaps in coverage
within our estimated coverage areas that—along with

Our coverage maps provide high level

other factors both within and beyond our control (for
example, network problems, network or internet
congestion, software, signal strength, your Device,
structures, buildings, weather, geography, topography,
server speeds of the websites you access, actions of
third parties, etc.)—may result in dropped and blocked
connections, slower Service speeds, or otherwise
impact the quality of Service. Services that rely on
location information, such as E911 and GPS
navigation, depend on your Device’s ability to acquire
satellite signals (typically not available indoors) and
network coverage.

software update, you may be unable to use your
Device in any manner until the software update is
complete.

While your Device is receiving a

Roaming

The term “roaming” typically refers to coverage on
another carrier’s network that we may make available

50 General Terms and Conditions of Service

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to you based on our agreements with other carriers.
These agreements may change from time to time, and
roaming coverage is subject to change without notice.
Your ability to receive roaming coverage depends on
the radio transmissions your Device can pick up and
the availability of roaming coverage. We make no
guaranty that roaming coverage will be available.
Roaming coverage may exist both within and outside
our network coverage areas. Your Device will generally
indicate when you’re roaming. Depending on your
Services, separate charges or limits on the amount of
minutes used while roaming may apply. Certain
Services may not be available or work the same when
roaming (for example, data Services, voicemail, call
waiting, etc.).

About Data Services & Content

Our data Services and your Device may allow you to
access the internet, text, pictures, video, games,

graphics, music, email, applications, sound, and other
materials (“Data Content”) or send Data Content
elsewhere. Some Data Content is available from us or
our vendors, while other Data Content can be
accessed from others (for example, third party
websites, games, ringers, applications, etc.). We make
absolutely no guarantees about the Data Content that
you access on your Device.

unsuitable for children/minors; (2) unreliable or
inaccurate; or (3) offensive, indecent, or objectionable.
You’re solely responsible for evaluating the Data
Content accessed by you or anyone through your
Services. We strongly recommend that you monitor
data usage by children/minors.

third parties may also harm your Device or its software.
We are not responsible for any Data Content. We are
not responsible for any damage caused by any Data
Content that you access through your Services, that
you load on your Device, or that you request that our

Data Content may be: (1)

Data Content from

representatives access or load on your Device. To

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General Terms and Conditions of Service 51

protect our networks and Services or for other reasons,
we may place restrictions on accessing certain Data
Content (such as certain websites, applications, etc.);
impose separate charges; limit throughput or the
amount of data that you can transfer; or otherwise limit
or terminate Services. If we provide you storage for
Data Content that you have purchased, then we may
delete the Data Content without notice or place
restrictions/limits on the use of storage areas. Data
Content stored on a Device, transmitted over our
networks, or stored by Sprint may be deleted,
modified, or damaged. You may not be able to make
or receive voice calls while using data Services. Data
Content provided by our vendors or third parties is
subject to cancellation or termination at any time
without notice to you, and you may not receive a
refund for any unused portion of the Data Content.

Specific Terms & Restrictions On Using
Data Services

In addition to the rules for using all of our other
Services, unless we identify the Service or Device that
you have selected as specifically intended for that
purpose (for example, wireless routers, Data Link, etc.),
you can’t use our data Services: (1) with server devices
or host computer applications or other systems that
drive continuous, heavy traffic or data sessions; (2) as
a substitute or backup for private lines or frame relay
connections; or (3) for any other unintended use as we
determine in our sole discretion. We reserve the right
to limit, suspend, or constrain any heavy, continuous
data usage that adversely impacts our networks
performances or hinders access to our networks. If
your Services include web or data access, you also
can’t use your Device as a modem for computers or
other equipment, unless we identify the Service or
Device you have selected as specifically intended for

52 General Terms and Conditions of Service

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that purpose (for example, with “phone as modem”
plans, Sprint Mobile Broadband card plans, wireless
router plans, etc.).

Software License

If Sprint provides you software as part of the Service
and there are not software license terms provided with
the software (by Sprint or by a third party), then Sprint
grants you a limited, revocable, non-exclusive, non­transferable license to use the software to access the
Services for your own individual use. You will not sell,
resell, transfer, copy, translate, publish, create derivative
works of, make any commercial use of, modify, reverse
engineer, decompile, or disassemble the software.
Sprint may revoke this license at any time.

Activation & Miscellaneous Charges

Based on our Policies, we may charge activation,
prepayment, reactivation, program, or other fees to

establish or maintain Services. Certain transactions
may also be subject to a charge (for example,
convenience payment, changing phone numbers,
handset upgrades, etc.). You will be provided notice of
these types of fees before we complete the requested
transaction.

Account & Service Charges

You are responsible for all charges associated with
your account and the Services on your account, no
matter who adds or uses the Se rvices.

include, but are not limited to, the monthly recurring
charges, usage charges, charges for additional
services, taxes, surcharges, and fees associated with
your Services. These charges are described or
referred to during the sales transaction, in our
marketing materials, and in confirmation materials that
we may send to you. Depending on your Services,
charges for additional services may include operator

Charges

v.9-9-11

General Terms and Conditions of Service 53

and directory assistance, voicemail, call forwarding,
data calls, texts, and web access. If you (the account
holder) allow end users to access or use your Devices,
you authorize end users to access, download, and use
Services. You may have the opportunity to purchase
Services on a subscription basis where we assess
subscription charges that allow you access to the
Services and/or provide you a certain amount of use
of the Services for a defined period of time. Depending
on your Service, certain types of subscription charges
may be assessed automatically upon activation and
automatically assessed for subsequent subscription
periods. Subscription Services offered on a recurring
basis do not end until terminated by you or us.
Subscription charges for recurring Services occur at
the beginning of each bill cycle. Information regarding
your bill cycle for subscription Services will be
provided when you order the Services. For Services
offered on a per-day basis, you will generally be
charged for use before or at the time of use. In certain

instances, we may charge you at some point after you
use the Services. Unless otherwise disclosed, Services
offered on a per-day basis end 24 hours after Service
is initiated.

How We Calculate Your Charges For Billing
Purposes

Regular Voice Calls:

use to the next full minute. Time starts when you press
“Talk” or your Device connects to the network and
stops when you press “End” or the network
connection otherwise breaks. You’re charged for all
calls that connect, even to answering machines,
voicemail, or voice transcription services. You won’t be
charged for unanswered calls or if you get a busy
signal. For incoming calls answered, you’re charged
from the time shortly before the Device starts ringing
until you press “End” or the network connection
otherwise breaks. If charges vary depending on the

We round up partial minutes of

54 General Terms and Conditions of Service

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time of day that you place or receive calls (for example,
Nights and Weekend plans), you’re charged for the
entire call based on the rate that applies to the time
period in which the call starts.

Walkie-Talkie Charges:

are billed to the person who starts the call and
calculated by multiplying the duration of the call by the
applicable rate and number of participants. You’re
charged at least 6 seconds of airtime for each call you
start; subsequent communications in the same call are
rounded up to and billed to the next second. Time
begins when you press any button to start a walkie­talkie call and ends approximately 6 seconds after
completion of a communication to which no
participant responds. Subsequent walkie-talkie
communications are considered new calls.
Depending on your plan, nationwide, international, or
group walkie-talkie calls may use the local walkie-talkie
minutes in your plan and result in additional charges.

Charges for walkie-talkie calls

Responses to call alert transmissions are treated as
new walkie-talkie transmissions even when
responding within 6 seconds of receiving the alert.
Walkie-talkie billing methods are subject to change as
we introduce new walkie-talkie Services.

Data Usage:

data usage is measured in bytes, kilobytes,
megabytes, and gigabytes—not in minutes/time. 1024
bytes equals 1 kilobyte (“KB”), 1024 KB equals 1
megabyte, and 1024 megabytes equals 1 gigabyte.
Bytes are rounded up to kilobytes, so you will be
charged at least 1 KB for each data usage session
(“data session”). Rounding occurs at the end of each
data session, and sometimes during a data session.
Depending on your data Services, usage may be
charged against an allowance or on a fixed price per
KB, and you may be subject to limitations on the
amount of data usage. If you are charged on a fixed
price per KB, any fractional cents will be rounded up to

Unless we specifically tell you otherwise,

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General Terms and Conditions of Service 55

the next cent. You are charged for all data directed to
your Device’s internet address, including data sessions
you did not initiate and for incomplete transfers. As
long as your Device is connected to our data
networks, you may incur data charges. Examples of
data for which you will be charged includes the size of
a requested file or Data Content (game, ringer, etc.);
web page graphics (logos, pictures, banners,
advertisement, etc.); additional data used in accessing,
transporting, and routing the file on our network; data
from partial or interrupted downloads; re-sent data;
and data associated with unsuccessful attempts to
reach websites or use applications. These data
charges are in addition to any charges for the Data
Content itself (game, ringer, etc.). Data used and
charged to you will vary widely, even between identical
actions or data sessions. Estimates of data usage—for
example, the size of downloadable files—are not
reliable predictors of actual usage. Your bill won’t

separately list the number of KB attributed to a specific
action/data session.

Your Bill

Your bill provides you notice of your charges. It reflects
monthly recurring charges (usually billed one bill cycle
in advance), fees, taxes, Surcharges, product and
equipment charges, subscription charges, and usage/
transaction specific charges (usually billed in the bill
cycle in which they’re incurred). Some usage charges,
such as those that depend on usage information from
a third party, may be billed in subsequent bill cycles
and result in higher than expected charges for that
month. Bill cycles and dates may change from time to

Your bill may also include other important notices

time.

(for example, changes to your Agreement, to your
Service, legal notices, etc. ).

include itemized billing detail. More specific billing
information is available online. Paper bills with itemized

Your paper bill may not

56 General Terms and Conditions of Service

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detail may be subject to an additional charge. Unless
prohibited by law, other charges (for example, data
Services or taxes and surcharges) will not include
itemized detail but will be listed as total charges for a
category. If you choose internet billing, you will not
receive paper bills.

Your Payments; Late Fees

Payment is due in full as stated on your bill. If we do
not receive payment in full by the date specified on
your bill, a late payment charge, which may be
charged at the highest rate permissible by law, may be
applied to the total unpaid balance. We may also
charge you any costs we pay to a collection agency to
collect unpaid balances from you. If we bill you for
amounts on behalf of a third party, payments received
are first applied to our charges. You may be charged
additional fees for certain methods of payment. We
may charge you, up to the highest amount permitted

by law, for returned checks or other payments paid by
you and denied for any reason by a financial institution.
Acceptance of payments (even if marked “paid in full”)
does not waive our right to collect all amounts that you
owe us. We may restrict your payment methods to
cashier’s check, money order, or other similar secure
form of payment at any time for good reason.

Taxes & Government Fees

You agree to pay all federal, state, and local taxes, fees,
and other assessments that we’re required by law to
collect and remit to the government on the Services
that we provide to you. These charges may change
from time to time without advance notice. If you’re
claiming any tax exemption, you must provide us with
a valid exemption certificate. Tax exemptions generally
won’t be applied retroactively.

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General Terms and Conditions of Service 57

Surcharges

You agree to pay all surcharges (“Surcharges”), which
may include, but are not limited to: Federal Universal
Service; various regulatory charges; Sprint
administrative charges; gross receipts charges and
certain other taxes imposed upon Sprint; or charges
for the costs that we incur and pass along to you.

Surcharges are not taxes, and we are not required to
assess them by law. They are charges we choose to
collect from you, are part of our rates, and are kept by
us in whole or in part. The number and type of
Surcharges will be provided on your inv oice and may
vary depending upon the location of the billing
address of the Device and can change over time. We
determine the rate for these charges, and these
amounts are subject to change as are the components
used to calculate these amounts.

notice of any changes to Surcharges in a manner
consistent with this Agreement (see “Providing Notice

We will provide you

To Each Other Under The Agreement” section).
However, since some Surcharges are based on
amounts set by the government or based on
government formulas, it will not always be possible to
provide advance notice of new Surcharges or
changes in the amount of existing Surcharges.
Information on Surcharges is provided during the
sales transaction and is available on our website.

Disputing Charges - You Must Still Pay
Undisputed Charges

Any dispute to a charge on your bill must be made
within 60 days of the date of the bill that initially
contained the charge. Disputes can only be made by
calling or writing us as directed on your invoice or
elsewhere. You accept all charges not properly
disputed within the above time period—undisputed
charges must still be paid as stated on your bill.

58 General Terms and Conditions of Service

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Protecting Our Network & Services

We can take any action to: (1) protect our networks, our
rights and interests, or the rights of others; or (2)
optimize or improve the overall use of our networks
and Services. Some of these actions may interrupt or
prevent legitimate communications and usage—for
example, message filtering/blocking software to
prevent SPAM or viruses; limiting throughput; limiting
access to certain websites, applications, or other Data
Content; prohibitions on unintended uses (for
example, use as a dedicated line, or use as a
monitoring service), etc. For additional information on
what we do to protect our customers, networks,
Services, and equipment, see our Acceptable Use
Policy and Visitors Agreement at our website.

Your Privacy

Our Privacy Policy is available on our website. To
review the policy, visit

www.sprint.com/legal/privacy.html

This policy may change from time to time, so review it
with regularity and care.

Call Monitoring:

and for other lawful purposes, we may monitor or
record calls between us (for example, your
conversations with our customer service or sales
departments).

Authentication and Contact:

may password protect your account information by
establishing a personal identification number (“PIN”).
You may also set a backup security question and
answer in the event you forget your PIN. You agree to
protect your PIN, passwords, and other account
access credentials like your backup security question
from loss or disclosure. You further agree that Sprint
may, in our sole discretion, treat any person who
presents your credentials that we deem sufficient for
account access as you or an authorized user on the
account for disclosure of information or changes in

.

To ensure the quality of our Services

You (the account holder)

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General Terms and Conditions of Service 59

Service. You agree that we may contact you for
Service-related reasons through the contact
information that you provide, through the Services or
Devices to which you subscribe, or through other
available means, including text message, email, fax,
recorded message, mobile, residential or business
phone, or mail.

CPNI:

As we provide telecommunications products
and Services to you (the account holder), we develop
information about the quantity, technical configuration,
type, location, and destination of telecommunications
products and Services you use, as well as some other
information found on your bill (“CPNI”). Under federal
law, you have the right and we have a duty to protect
the confidentiality of your CPNI. For example, we
implement safeguards that are designed to protect
your CPNI, including authentication procedures when
you contact us. For some accounts with a dedicated
Sprint representative, we may rely on contacting your

pre-established point of contact as the standard
authentication measure.

Third-Party Applications:

application, the application may access, collect, use, or
disclose your personal information or require Sprint to
disclose your information—including location
information (when applicable)—to the application
provider or some other third party. If you access, use,
or authorize third-party applications through the
Services, you agree and authorize Sprint to provide
information related to your use of the Services or the
application(s). You understand that your use of third­party applications is subject to the third party’s terms
and conditions and policies, including its privacy
policy.

Information on Devices:

sensitive or personal information (for example, pictures,
videos, passwords, or stored credit card numbers).
Sprint is not responsible for any information on your

If you use a third-party

Your Device may contain

60 General Terms and Conditions of Service

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Device, including sensitive or personal information. If
possible, you should remove or otherwise safeguard
any sensitive or personal information when your
Device is out of your possession or control, for
example when you relinquish, exchange, return, or
recycle your Device. By submitting your Device to us,
you agree that our employees, contractors, or vendors
may access all of the information on your Device.

Location-Enabled Services

Our networks generally know the location of your
Device when it is outdoors and/or turned on. By using
various technologies to locate your Device, we can
provide enhanced emergency 911 services and
optional location-enabled services provided by us or a
third party. Network coverage or environmental factors
(such as structures, buildings, weather, geography,
landscape, and topography) can significantly impact

the ability to access your Device’s location information
and use of location-enabled services.

You agree that any authorized user may access, use,
or authorize Sprint or third party location-enabled
applications through the Services. You understand that
your use of such location-enabled applications is
subject to the application’s terms and conditions and
policies, including its privacy policy. If you activate
location-enabled services for devices used by other
authorized users, you agree to inform the authorized
user(s) of the terms of use for location-enabled
applications and that the Device may be located. For
additional information on location-enabled services,
see our Privacy Policy at our website.

911 Or Other Emergency Calls

Public safety officials advise that when making 911 or
other emergency calls, you should always be
prepared to provide your location information.

Unlike

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General Terms and Conditions of Service 61

traditional wireline phones, depending on a number of
factors (for example, whether your Device is GPS
enabled, where you are, whether local emergency
service providers have upgraded their equipment,
etc.), 911 operators may not know your phone number,
your location, or the location of your Device. In certain
circumstances, an emergency call may be routed to a
state patrol dispatcher or alternative location set by
local emergency service providers. Enhanced 911
service (“E911”)—where enabled by local emergency
authorities—uses GPS technology to provide location
information. Even when available, however, E911 does
not always provide accurate location information. If
your Device is indoors or for some other reason
cannot acquire a satellite signal, you may not be
located. Some Devices have a safety feature that
prevents use of the keypad after dialing 911—you
should follow voice prompts when interacting with
emergency service providers employing interactive
voice response systems to screen calls.

If Your Device Is Lost or Stolen

Call us immediately if your Device is lost or stolen
because you may be responsible for usage charges
before you notify us of the alleged loss or theft. A lost or
stolen Device does not reduce or remove your Term
Commitment. You will remain liable for any monthly
recurring charges associated with the Service on your
Device after you notify us of the alleged loss or theft.
You agree to cooperate if we choose to investigate the
matter (provide facts, sworn statements, etc.). We may
not waive any Early Termination Fees if you choose to
terminate Services as a result of loss or theft of your
Device.

Disclaimer of Warranties

UNLESS EXPRESSLY PROVIDED IN WRITING
OTHERWISE, WE MAKE NO REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
(TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED

62 General Terms and Conditions of Service

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WARRANTY OF MERCHANTABILITY, NON­INFRINGEMENT, OR FITNESS FOR A PARTICULAR
PURPOSE CONCERNING YOUR SERVICES
(INCLUDING YOUR DEVICE). WE DON’T PROMISE
UNINTERRUPTED OR ERROR-FREE SERVICES AND
DON’T AUTHORIZE ANYONE TO MAKE
WARRANTIES ON OUR BEHALF.

You Agree That We Are Not Responsible
For Certain Problems

You agree that neither we nor our subsidiaries,
affiliates, parent companies, vendors, suppliers, or
licensors are responsible for any damages resulting
from: (a) anything done or not done by someone else;
(b) providing or failing to provide Services, including,
but not limited to, deficiencies or problems with a
Device or network coverage (for example, dropped,
blocked, interrupted Services, etc.); (c) traffic or other
accidents, or any health-related claims relating to our

Services; (d) Data Content or information accessed
while using our Services; (e) an interruption or failure in
accessing or attempting to access emergency
services from a Device, including through 911,
Enhanced 911 or otherwise; (f) interrupted, failed, or
inaccurate location information services; (g)
information or communication that is blocked by a
spam filter; (h) damage to your Device or any
computer or equipment connected to your Device, or
damage to or loss of any information stored on your
Device, computer, equipment, or Sprint storage space
from your use of the Services or from viruses, worms,
or downloads of malicious content, materials, data, text,
images, video, or audio; or (i) things beyond our
control, including acts of God (for example, weather­related phenomena, fire, earthquake, hurricane, etc.),
riot, strike, war, terrorism, or government orders or acts.
You should implement appropriate safeguards to
secure your Device, computer, or equipment and to
back-up your information stored on each.

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General Terms and Conditions of Service 63

You Agree Our Liability Is Limited - No
Consequential Damages.

TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY
FOR MONETARY DAMAGES FOR ANY CLAIMS THAT
YOU MAY HAVE AGAINST US IS LIMITED TO NO
MORE THAN THE PROPORTIONATE AMOUNT OF
THE SERVICE CHARGES ATTRIBUTABLE TO THE
AFFECTED PERIOD. UNDER NO CIRCUMSTANCES
ARE WE LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL
DAMAGES OF ANY NATURE WHATSOEVER ARISING
OUT OF OR RELATED TO PROVIDING OR FAILING
TO PROVIDE SERVICES IN CONNECTION WITH A
DEVICE, INCLUDING, BUT NOT LIMITED TO, LOST
PROFITS, LOSS OF BUSINESS, OR COST OF
REPLACEMENT PRODUCTS AND SERVICES.

DISPUTE RESOLUTION

We Each Agree To First Contact Each Other With
Any Disputes

We each agree to first contact each other with any
Disputes (defined below) and provide a written
description of the problem, relevant documents and
supporting information, and the proposed
resolution. We agree to contact each other as
described in the “Providing Notice to Each Other
Under The Agreement” section.

Instead Of Suing In Court, We Each Agree To
Arbitrate Disputes

We each agree to arbitrate all Disputes between us,
on an individual basis, not on a class-wide or
consolidated basis. This agreement to arbitrate is
intended to be broadly interpreted. In arbitration,
there’s no judge or jury. However, just as a court
would, the arbitrator must honor the terms and
limitations in the Agreement and can award

64 General Terms and Conditions of Service

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damages and relief, including any attorneys’ fees
authorized by law. The arbitrator’s decision and
award is final and binding, with some exceptions
under the Federal Arbitration Act (“FAA”), and
judgment on the award may be entered in any court
with jurisdiction.

We each also agree as follows:

Disputes” are any claims or controversies

(1) “

against each other related in any way to or arising
out of in any way our Services or the Agreement,
including, but not limited to, coverage, Devices,
billing services and prac tices, policies, contract
practices (including enforceability ), service claims,
privacy, or advertising, even if it arises after Servi ces
have terminated.

bring against our employees, agents, affiliates, or
other representatives or that we bring against you. It
also includes but is not limited to claims related in
any way to or arising out of in any way any aspect of

Disputes include claims that you

the relationship between us, whether based in
contract, tort, statute, fraud, misrepresentation, or any
other legal theory.

(2) If either of us wants to initiate a claim to arbitrate
a Dispute, we each agree to send written notice to
the other providing a description of the dispute, a
description of previous efforts to resolve the dispute,
all relevant documents and supporting information,
and the proposed resolution. Notice to you will be
sent as described in the “Providing Notice to Each
Other Under The Agreement” section and notice to
us will be sent to: General Counsel; Arbitration
Office; 12502 Sunrise Valley Drive, Mailstop
VARESA0202-2C682; Reston, Virginia 20191. We
each agree to make attempts to resolve the dispute
prior to filing a claim for arbitration. If we cannot
resolve the dispute within forty-five (45) days of
receipt of the notice to arbitrate, then we each may
submit the dispute to formal arbitration.

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General Terms and Conditions of Service 65

(3) The FAA applies to this Agreement and
arbitration provision. We each agree that the FAA’s
provisions—not state law—govern all questions of
whether a dispute is subject to arbitration.

(4) Unless we each agree otherwise, the Arbitration
will be conducted by a single, neutral arbitrator and
will take place in the county of the last billing
address of the Service.

(5) The arbitration will be governed and conducted
by (a) a neutral third party arbitrator selected by
each of us and based upon rules mutually agreed
to by each of us or (b) JAMS. The JAMS rules,
including rules about the selection of an arbitrator,
filing, administration, discovery, and arbitrator fees,
will be conducted under JAMS Comprehensive
Arbitration Rules & Procedures. The JAMS rules are
available on its website at
extent that this “Dispute Resolution” section conflicts
with JAMS’s minimum standards for procedural

www.jamsadr.com

. To the

fairness, the JAMS’s rules or minimum standards for
arbitration procedures in that regard will apply.
However, nothing in this paragraph will require or
allow us or you to arbitrate on a class-wide or
consolidated basis.

WE EACH AGREE THAT WE WILL ONLY

(6)

PURSUE ARBITRATION ON AN INDIVIDUAL BASIS
AND WILL NOT PURSUE ARBITRATION ON A
CLASS-WIDE OR CONSOLIDATED BASIS. We each
agree that any arbitration will be solely between you
and Sprint (not brought on behalf of or together with
another individual’s claim). If for any reason any
court or arbitrator holds that this restriction is
unconscionable or unenforceable, then our
agreement to arbitrate doesn’t apply and the
dispute must be brought in court.

(7) We each are responsible for our respective costs
relating to counsel, experts, and witnesses, as well
as any other costs relating to arbitration. However,

66 General Terms and Conditions of Service

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we will pay for the arbitration administrative or filing
fees, including the arbitrator fees. Otherwise the
JAMS Comprehensive Arbitration Rules &
Procedures and the JAMS Policy on Consumer
Arbitrations Pursuant to Pre-Dispute Clauses,
Minimum Standards of Procedural Fairness
regarding costs and payment apply.

Exceptions To Our Agreement To
Arbitrate Disputes

Either of us may bring qualifying claims in small
claims court. In addition, this arbitration provision
does not prevent you from bringing your dispute to
the attention of any federal, state, or local
government agency that can, if the law allows, seek
relief against us on your behalf.

No Class Actions

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE
ANY RIGHT TO PURSUE DISPUTES ON A
CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A
CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR
ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE
CAPACITY ON BEHALF OF ANYONE ELSE IN ANY
LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

No Trial By Jury

TO THE EXTENT ALLOWED BY LAW, WE EACH
WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY
LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

Indemnification

You agree to indemnify, defend, and hold Sprint and
our subsidiaries, affiliates, parent companies harmless
from any claims arising out of or relating to your
actions, including, but not limited to, your use of the

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General Terms and Conditions of Service 67

Service and any information you submit, post, transmit,
or make available via the Service; failing to provide
appropriate notices regarding location-enabled
services (see “Location-Enabled Services” section);
failure to safeguard your passwords, backup question
to your shared secret question, or other account
information; or violating this Agreement or any policy
referenced in this Agreement, any applicable law or
regulation, or the rights of any third party.

Providing Notice To Each Other Under The
Agreement

Except as the Agreement specifically provides
otherwise, you must provide us notice by calling or
writing us as instructed on your invoice. We will provide
you notice through one or more of the following: in
your bill, correspondence to your last known billing
address, to any fax number or e-mail address you’ve
provided us, by calling you on your Device or any

other phone number you’ve provided us, by voice
message on your Device or any other phone number
you’ve provided us, or by text message on your
Device.

Other Important Terms

Subject to federal law or unless the Agreement
specifically provides otherwise, this Agreement is
governed solely by the laws of the state encompassing
the billing address of the Device, without regard to the
conflicts of law rules of that state. If either of us waives
or doesn’t enforce a requirement under this
Agreement in an instance, we don’t waive our right to
later enforce that requirement. Except as the
Agreement specifically provides otherwise, if any part
of the Agreement is held invalid or unenforceable, the
rest of this Agreement remains in full force and effect.
This Agreement isn’t for the benefit of any third party
except our corporate parents, affiliates, subsidiaries,

68 General Terms and Conditions of Service

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agents, and predecessors and successors in interest.
You can’t assign the Agreement or any of your rights
or duties under it. We can assign the Agreement
without notice. You cannot in any manner resell the
Services to another party. The Agreement and the
documents it incorporates make up the entire
agreement between us and replaces all prior written or
spoken agreements—you can’t rely on any
contradictory documents or statements by sales or
service representatives. The rights, obligations and
commitments in the Agreement that—by their nature—
would logically continue beyond the termination of
Services (for example, those relating to billing,
payment, 911, dispute resolution, no class action, no
jury trial) survive termination of Services.

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General Terms and Conditions of Service 69

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70

Important Message From Sprint

Important Information about this de vice’s “open”
architecture.

What that means is that you are free to use it to
access the Internet as you see fit. You may go to
websites you like and you may download or use
applications or software that you choose.

Please take care to visit only trusted websites and
download applications only from trusted entities.
Sprint has no control over websites you visit or
applications and software you download, and
Sprint’s policies do not apply to those websites,
applications or software. The websites you visit
may place “cookies” or other files on your device
when you visit them. Downloaded applications or
software may access, use or share information
on your device, like your contacts or your
location.

This device is an “open” device.

Important Message 71

Although Sprint is excited to allow our customers to
make their own choices about the Internet sites you
wish to visit or the applications or software you’d like
to use, we do want to remind you that Sprint is not
able to help you troubleshoot issues connected with
your use of non-Sprint applications or software
(such as the ones you may select and download to
your device). Sprint also will not be able to provide
you credits for applications or software that you
download from sources other than Sprint. And,
Sprint is not liable for the websites you visit or
anything you download or cause to be downloaded
to your device. Damage related to websites visited
or downloads to your device may not be covered by
Sprint’s Service and Repair policy, or your device
insurance policy. For more information about
Sprint’s policies, products or services, please visit us

www.sprint.com

at

.

©2012 Sprint. Sprint and the logo are trademarks of Sprint. 
Other marks are the property of their respective owners.