Effective: December 20, 2025 (Revised February 12, 2026)
Welcome to Graham!
We are happy you selected us to be your wireless provider.
This page explains the terms and policies that apply when you use Graham services. It includes our Customer Service Agreement, Acceptable Use Policy, and other important information about plans, billing, devices, and network use.
By activating or using Graham, you agree to these terms. We've organized everything below so it's easy to find what you're looking for.
This Customer Service Agreement ("Agreement"), as updated from time to time, describes important information about your relationship with us. This Agreement is for wireless radio telecommunications services and related services and features ("Services"). Our Service is provided by Telco Papa Ltd, a subsidiary of Rockstar Automations Ltd (aka Gather), under its Graham Brand ("Company," as "Graham," "Graham," "we," "us" or "our"), including its parents, subsidiaries, and affiliates in the area associated with your assigned telephone number, data, and messaging numbers ("Numbers"). The Agreement is between the Account holder or any other person (including organizations) who purchases, activates, or uses the Services ("you," "your," "user," "subscriber," or "customer") and Graham (collectively the "Parties"). Please review the Agreement carefully, including the requirement to resolve disputes between the Parties on an individual basis through mandatory binding arbitration rather than jury trials or class actions.
You agree to this Agreement by doing any of these things:
(i) placing an order;
(ii) activating Service,
(iii) using your wireless device, data card, or third-party equipment (collectively "Device") with or without a Graham embedded SIM ("eSIM"),
(iv) paying for Graham Services,
(v) creating an account; or
(vi) taking any other action that represents your consent to the Agreement.
If you do not agree to this Agreement, do not do any of these things.
This Agreement consists of these specific terms and also includes your:
(i) Device terms,
(ii) wireless service plan ("Plan") terms,
(iii) terms and conditions that apply to your use of our mobile application ("Mobile App"),
(iv) other features and services;
(v) applicable Acceptable Use Policies ("AUP");
(vi) offer ("Offers") and promotional terms ("Promos"), and
(vii) our Refund Policy; and
(viii) our other policies and procedures, including our Privacy Policy, and any
(ix) other information we provide or send to you as part of the sales and activation process or other interactions or transactions with you.
When you accept the Agreement, you represent that you are at least 18 years old and are legally able to accept an Agreement. If you accept on behalf of any organization, you are representing that you are authorized to bind that organization.
Please note: This Agreement does not include the terms and conditions applicable to third-party products and services ("Third-Party Terms") that we may offer you. We recommend that you carefully review any applicable Third-Party Terms, privacy policies, and other information made available to you by the third party.
This Agreement is subject to change from time to time. Updated versions of the Agreement will be available on our website. We reserve the right to modify or cancel the Services, including your account, take corrective action at any time and for any reason, including, but not limited to, your violation of this Agreement. We will provide you with at least 30 days prior notice of a materially adverse change, which does not include changes in taxes, fees, or surcharges imposed by the government where we remit and collect or pass to you. We will send notice by email, bill insert or message, text or other message, posting on the website, mail, or other method we deem practicable. Your continued use or payment for Graham Services after the effective date of the change means you have accepted the change to the Agreement.
You may need to set up one or more accounts ("Account(s)") with us to purchase or use our Services. You are responsible for providing us with current and accurate information and keeping this information up to date, including contact, billing and payment information. You may not create or use false Accounts to mask your real identity or interfere with our ability to communicate with subscribers. In addition, you may not create multiple subscriber accounts used for circumventing Graham's pricing plans, discounts, Offers, Products, or Service. You are responsible for any activity that occurs on or through your Account. You understand and agree that all users of your Graham Services (including minors) are subject to the terms of this Agreement, including the arbitration provision and the Privacy Policy. You are responsible for sharing this Agreement with them and ensuring they understand how they can, and cannot, use the Service.
You may designate individuals (such as family members) to act on your behalf ("Authorized Users"). Authorized Users can manage your account, including changing or adding Services. You are responsible for all actions and changes made by any Authorized Users, including purchases of products and additional Services. You should not provide your account validation information to anyone except your Authorized Users and should take steps to protect this sensitive information. We will treat any person with this account validation information as authorized to access and make changes to your account, even if this person has not been designated as an Authorized User.
Your Service requires you to subscribe to a Plan that includes your applicable Service allowances (e.g., minutes, messages, or data), features, goods or services provided by others ("Products") your charges ("Charges"), and your coverage area ("Coverage"). For an additional charge, you may also elect to purchase or subscribe to optional Offers, new technologies, features, Products, or services ("Add-Ons") that we or our affiliated third parties provide to you. Certain Plans may only be available or activated through the Graham App. Your Service must be used with a Device with a SIM assigned to your Account and will only operate after you purchase and activate Service.
The Graham Plan includes an Initial Service Period and an Ongoing Service Period, each as described below.
(a) Initial Service Period.
Your first three (3) months of Service (the "Initial Service Period") are billed at a rate of $15.00 per month, payable in a single upfront payment of $45.00 at the time of activation ("Prepaid Plan Charge"). In addition to the Prepaid Plan Charge, the following amounts are due at activation:
(i) All applicable government-imposed taxes and fees assessed on the Prepaid Plan Charge of $45.00;
(ii) A Recovery Fee of $6.00 ($2.00 per month x 3 months), payable upfront at the time of activation. The Recovery Fee is a surcharge assessed and retained by Graham and is not a government-imposed tax or fee; and
(iii) A Value-Add Service Fee is associated with the AI-powered call intelligence benefit included in your Plan; however, the Value-Add Service Fee is waived during the Initial Service Period. During the Ongoing Service Period, a Value-Add Service Fee of $2.00 per month applies and is assessed and collected with each monthly billing cycle.
(b) Ongoing Service Period.
Following the Initial Service Period, your Plan will automatically transition to monthly billing at a rate of $30 per month (the "Monthly Plan Charge"), plus applicable taxes, fees, surcharges, and the Recovery Fee of $2.00 per month, unless you cancel your Service before the end of the Initial Service Period. The Value-Add Service Fee of $2.00 per month applies during the Ongoing Service Period and is assessed and collected with each monthly billing cycle.
Your Plan includes access to AI-powered call intelligence services provided through a third-party partner application ("AI-powered call intelligence Services"). A monthly fee of $2.00 is associated with this benefit (the "Value-Add Service Fee"). During the Initial Service Period, the Value-Add Service Fee is waived ("Value-Add Service Fee Waiver"). During the Ongoing Service Period, the Value-Add Service Fee of $2.00 per month applies and is assessed and collected with each monthly billing cycle. The Value-Add Service Fee Waiver applies automatically during the Initial Service Period and does not require any action on your part, provided that:
(i) your Account remains active and in good standing;
(ii) your Plan includes AI-powered call intelligence Services; and
(iii) you comply with the terms of this Agreement, including the Acceptable Use Policy provisions regarding use of the AI-powered call intelligence service (Section 7 of the AUP).
If your Account is terminated, canceled, or suspended for any reason, you will no longer have access to AI-powered call intelligence Services through your Graham Plan. AI-powered call intelligence Services are subject to the availability, terms, and conditions of the third-party provider. Graham does not guarantee the availability, quality, or continuity of AI-powered call intelligence Services and is not responsible for the advice, diagnosis, or recommendations provided by the third-party AI-powered call intelligence provider.
Graham customers have access to nationwide Coverage under the agreements between us and our network service supplier. Please review your coverage on our website. There are gaps in coverage maps, which by their nature are only approximations of actual coverage. Your Coverage depends on system availability, network capacity, network management, your Device, Plan, terrain, signal strength, weather, repairs and modifications, and other conditions. Your Services or wireless technologies (e.g., 5G) will not be available in all areas at all times or with all plans. Domestic coverage ("Domestic Coverage") excludes Puerto Rico, the US Virgin Islands, Guam, Northern Mariana Islands, American Samoa and all other US territories, possessions and minor outlying areas. These areas will be treated as part of our International Coverage as described in this Agreement. Graham does not guarantee that you will receive network coverage, network availability, network speed, or uninterrupted service. Service, Plans, Features, Offers, and Promos may not be available in all areas or markets.
You may cancel your Graham Service or any line on your Account at any time and for any reason by reaching out to customer service, through the Graham App, online in your Account, or porting your Number to another carrier. If you purchased service from a retail partner, you must comply with their return policy. Retail partner purchases may have different return windows and conditions.
If you cancel your Service within thirty (30) days of activation, you may be eligible for a full refund of the Prepaid Plan Charge ($45.00), the Recovery Fee, and any applicable taxes and fees collected at the time of payment. The 30-Day Money-Back Guarantee is intended for customers who are unable to activate their Service due to Device incompatibility (including but not limited to a locked device, lack of eSIM support, or a locked number) or who determine that the Service is not a good fit (for example, insufficient network coverage in your area). To qualify for a refund, your usage during the refund period must not exceed 2GB of data, 10 voice minutes, and 50 text messages. Customers whose usage reflects regular, sustained use of the Service beyond what is reasonably necessary to evaluate coverage, call quality, and compatibility will not be eligible for a refund. Graham reserves the right to deny a refund request if it determines, in its sole discretion, that usage during the refund period is inconsistent with evaluation use. Refunds will be credited to your original payment method. If you cancel after thirty (30) days from activation, or if you are not eligible for a refund, no refund will be issued for the Prepaid Plan Charge, Recovery Fee, or taxes and fees paid, and your Service will remain active through the end of the Initial Service Period.
When you cancel your Account during the Ongoing Service Period, you remain responsible for all Charges incurred until you cancel and will not receive a refund for the current month's Charges or continue to benefit from your Plan, Products, Offers, AI-powered call intelligence Services, Devices, or other benefits provided to you.
To start your Service, you must provide a credit card or other accepted payment method that we will keep on file. Your Service must be activated within 30 days following the date of purchase. We reserve the right to suspend or terminate any Service Plan or Service that is not activated within 30 days following the date of purchase.
Upon activation of your Service, you will be charged the following amounts in a single transaction:
(a) the Prepaid Plan Charge of $45.00 (covering the Initial Service Period of three months at $15.00 per month);
(b) the Recovery Fee of $6.00 ($2.00 per month x 3 months);
(c) all applicable government-imposed taxes and fees assessed on the Prepaid Plan Charge; and
(d) any other applicable surcharges.
Your payment will be collected at the time of purchase, prior to activation of your Service. Following successful payment, we will proceed with eSIM activation on your Device. If your Device is not compatible with the Service (including but not limited to a locked device, lack of eSIM support, or a locked number), and you are unable to activate your Service, you may request a full refund under the 30-Day Money-Back Guarantee described in the "Cancellation" section of this Agreement. The total amount charged at activation covers your Initial Service Period of three (3) months. No additional Plan Charges will be assessed during the Initial Service Period unless you elect to purchase Add-Ons or incur other charges as described in this Agreement. You may use other payment methods to establish recurring payments for the Ongoing Service Period as described in this Agreement.
Your Plan includes two billing phases: the Initial Service Period and the Ongoing Service Period. Initial Service Period. During the Initial Service Period, your Plan Charges, Recovery Fee, and applicable taxes are prepaid in a single upfront payment at the time of activation as described in the "Activation and Term" section of this Agreement. No recurring monthly Plan Charges will be assessed during the Initial Service Period. Ongoing Service Period. Following the Initial Service Period, your Plan will automatically transition to monthly billing unless you cancel your Service before the end of the Initial Service Period. Your Plan will automatically renew every month during the Ongoing Service Period unless you contact us to terminate your Service, or you port your number to another carrier.
You agree to pay all charges ("Charges") we assess and bill you, even when you are suspended. These Charges include, but are not limited to, (a) Plan Charges (whether prepaid or monthly); (b) the Recovery Fee; (c) charges for features and Add-Ons; (d) taxes, fees and other assessments; (e) surcharges; and (f) other fees, including third-party charges. Certain charges may be delayed (e.g., third-party or international charges). You will not have access to detailed usage records for most Services. You may review your Charges and pay for them online in your Account.
During the Ongoing Service Period, you will be paying for services each month automatically ("Autopay"). We will process your payment using the payment method you select. These recurring payments will be processed three (3) days before your renewal date. If the payment is successful, your Plan will continue for the next billing period. You may cancel your Service at any time before your payment is processed by contacting us, through the Graham App, or online in your Account. You are responsible for keeping your billing and payment information up to date in your Account. Any changes to your recurring payment method must be made at least one day before the due date to use that method for payment; untimely changes will apply the following billing period. If our attempts to process your payments are unsuccessful 3 times in a 72-hour timeframe during the Ongoing Service Period, your account may be suspended and/or migrated to a lower cost Plan.
You may cancel your Account at any time or for any reason, subject to the Agreement. To cancel, you may reach out to customer service or cancel online from the Graham app. Porting your Number also automatically cancels your Graham Account. When your Account cancels, you remain responsible for all Charges incurred until you cancel.
When you identify the payment account or payment method that you want us to debit or charge in the event that your account is closed but remains unpaid, you authorize us to bill that payment account or payment method for the amount of any such outstanding balance(s) that you might continue to owe us for any of your Graham accounts. If the payment method is a credit or debit card, you also agree that we may obtain updated account information from your card issuer or card network for that card. You also affirm that you have the authority to approve all charges to that designated payment account or payment method.
You may dispute Charges by contacting us promptly after receiving your bill. If this does not resolve your issue, please notify us in writing within 60 days after the date you first receive the disputed Charge. If you do not, you may not pursue a claim in arbitration or in Court. If you accept a credit, refund, or other compensation or benefit to resolve a bill dispute or Charge, you agree that the issue is fully and finally resolved, and Graham is released from all liability for resolving the dispute. Unless otherwise provided by law, you must remit payment on any disputed Charges until the dispute is resolved.
During the Initial Service Period.
Because your Plan Charges and Recovery Fee are prepaid for the Initial Service Period, late payment provisions do not apply during this period. If your initial payment at activation fails or is subsequently reversed, we reserve the right to suspend or terminate your Service immediately.
During the Ongoing Service Period.
We may charge a late fee up to the highest amount permitted by law if you do not pay your bill by the due date. We may suspend your account if we do not receive your payment for 90 days. Your account will remain in suspended status for thirty days or until you make a successful payment. We will cancel your account for nonpayment at the end of 30 days. Upon cancellation, you will forfeit any funds on your account, if applicable for your Plan and permissible by law. If you reactivate services, you may lose the benefits or credits provided with your Plans, Products, Offers, Value-Add Service Fee Waiver, and Promotions when your account is canceled. We may assign your account to a collections agency for nonpayment. The collection agency may pursue past due amounts, any applicable late fees, attorneys' fees, or other costs permitted by law or this Agreement.
You agree to pay all taxes and fees imposed by the government that we are required to collect and remit to the government. Taxes and fees may change from time to time without notice. During the Initial Service Period, applicable taxes and fees are assessed on the Prepaid Plan Charge of $45.00 and collected at the time of activation. During the Ongoing Service Period, applicable taxes and fees are assessed on the Monthly Plan Charge and collected with each billing cycle. To determine taxes and fees, we use the street address you identified as your Place of Primary Use ("PPU"). If the tax laws require the use of a different address, then we utilize the best information available to us to determine the correct address. If you did not identify the correct PPU, or if you provided an address, such as a PO Box, that is not a recognized street address, does not allow us to identify the applicable taxing jurisdiction(s), or does not reflect the service area associated with your telephone number, you may be assigned a default location for tax purposes. You have the right to update your Primary Place of Use by contacting support at support@graham.co. You must update your Primary Place of Use within sixty (60) days of any move or address change. If you are tax-exempt, you must provide a duly authorized tax exemption certificate. Graham will exempt such customers from eligible taxes, which do not include surcharges as described in this Agreement, as of the date the certificate is received. No retroactive exemption or refund will be allowed.
You agree to pay all surcharges that we may collect and retain from our customers that include, but are not limited to, the Recovery Fee, Federal or State Universal Service fees, regulatory charges, administrative fees, and government taxes or fees imposed on gross receipts, sales, and/or property that we incur in providing Services to our customers. Surcharges are not taxes, and we are not required by the government to collect them from you. We determine the rate of these charges, and the amounts are subject to change.
The Recovery Fee is a surcharge of $2.00 per month assessed and retained by Graham to offset costs associated with providing the Service. During the Initial Service Period, the Recovery Fee is prepaid at $6.00 ($2.00 x 3 months) and collected at the time of activation. During the Ongoing Service Period, the Recovery Fee of $2.00 per month is assessed and collected with each monthly billing cycle. The Recovery Fee is not a government-imposed tax or fee.
Your Device must meet Federal Communications Commission ("FCC") regulations, be certified and supported by the Service, and be compatible with the Service and your Plan. You can check Device compatibility online during the onboarding process. Any attempt to use incompatible devices will result in immediate termination of your Service as described in this Agreement and in our AUP. You must have a U.S. mailing address and live within our Coverage to activate and use our service. If you move outside of Coverage or predominantly use other carrier networks, we may limit, suspend, or cancel your account. You may bring your telephone number ("Number") when you activate service with Graham or we will assign a Number to your device. Numbers are a public resource, and you have no proprietary right to your Number. If you deactivate service and your number is returned to us, we may not be able to reassign the Number to your account. Technical issues can also cause Numbers to be lost or reassigned at any time.
If you would like to change your Number after you activate Service, you can do so by contacting us. Customers are able to change their current phone number to a new phone number provided by Graham up to two times per quarter. After two number changes in one quarter, you may be required to pay a Number change fee for subsequent changes.
If you port your existing telephone numbers to Graham, you must complete our authorized porting process, which will require you to provide your password for your account with your pre-existing providers before we can initiate a port request. Due to a variety of factors outside of our control, including the actions of the other service provider and the accuracy of the information you provide, we cannot guarantee that the port will process within a set time or without technical issues. You are not permitted to activate lines for the purpose of abusing other carriers' port incentives, and we may alert the other carriers of these abusive actions so that they may take the appropriate measures.
eSIM technology ("eSIM") is available on compatible, eligible, unlocked Devices, and with eligible Plans and Add-Ons. The availability of eSIMs are subject to change in Graham's sole discretion. Limit of one activated eSIM per account.
You agree not to, and not to allow any other person to, directly or indirectly alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the encryption mechanisms of, your eSIM. Graham may, from time to time, remotely update or change the encoded information on your eSIM.
You agree to contact us immediately to report a lost or stolen Device. You are responsible for all Charges incurred on your phone number until you report the theft or loss to us. After you report the theft or loss, you remain responsible for complying with your obligations under this Agreement, including the payment of any Plan, Product, or third-party charges, surcharges, and taxes unless you request that we suspend your account. You further agree to cooperate in the fraud or theft investigation and to provide us with information and documentation (including any proof of loss and police reports) as we may reasonably request.
Our wireless network is a shared resource, which we manage for the benefit of all of our customers. We may take any action to protect and maintain the integrity of our network, our rights and property, our Services, or the rights and interests of others, including, but not limited to:
To provide the best experience for all of our customers, and minimize capacity issues and degradation in network performance, we or our network service supplier manages high-speed data usage through prioritization ("Data Prioritization"). Specifically, customers who access the 5G and/or 4G LTE networks and consume more than their Plans "allotted" high-speed data ("Data Threshold") in a given billing period, may have their data usage prioritized below the data usage (including when tethering other devices like a Mobile Hotspot) of other customers at times and at locations where there are competing customer demands for network resources, which may result in slower data speeds for those customers. Where the network is lightly loaded in relation to available capacity, a customer whose data is prioritized lower than other traffic will notice little, if any, effect from having lower priority. Customers may notice reduced speeds in comparison to customers with a higher priority during network congestion and may experience significant reductions in data speeds, especially when engaged in data-intensive activities (e.g., streaming video or gaming). The Data Threshold resets at the start of the customer's next bill cycle and Data Prioritization will stop unless or until the customer exceeds the Data Threshold. Users who continue to exceed the Data Threshold and/or violate this Agreement may be subject to indefinite Data Prioritization, suspension or termination as described in this Agreement and in our AUP.
You agree that you and any third parties using the Service, Device, Plan, or Product connected to the Service will not misuse the wireless network in a manner that:
When you purchase, activate, or use any Device with our Service, you agree that you will not misuse or abuse our Services by doing, among other things, any of the following:
If you use your Services, Devices, and Products in any of the above ways, or in a manner that is inconsistent with this Agreement or our AUP, your Account may be suspended or terminated, your Service may be restricted, interrupted, or your voice calls or data sessions terminated; your messages blocked; and/or you may be unable to renew your Service without refund or prior notice.
In most cases you will not be charged separately for domestic off-net usage ("Domestic Off-Net Usage"). Please check your rate plan terms to determine whether any extra charges apply for domestic roaming. However, if your rate plan provides for Off-Net usage, you still must use your Device predominantly within the Graham owned and operated wireless network. If we provide you with Domestic Off-Net Usage, we may terminate, suspend, limit or cancel your continued use of other carriers' networks with notice if you engage in excessive roaming as described in the Agreement or in our AUP. Domestic Off-Net Usage does not include usage in Puerto Rico, the US Virgin Islands, Guam, Northern Mariana Islands, American Samoa and all other US territories, possessions and minor outlying areas.
Your Plan or Add-Ons may include the capability to send and receive calls and text messages and use data when you are in an international location. Certain eligibility restrictions may apply to international service, which may be based on Service tenure, payment history and/or credit. We may in our sole discretion block or remove your ability to use international service until our eligibility criteria is met. International roaming rates apply to any calls made or received, messages sent, and data used internationally, which includes usage in Puerto Rico, the US Virgin Islands, Guam, Northern Mariana Islands, American Samoa and all other US territories, possessions and minor outlying areas. International roaming rates and international coverage may change without notice and vary by country as described on our website. International roaming voice airtime usage rates apply for unanswered calls, incoming calls routed to voicemail (even if no message is left), or for forwarded calls once your Device registers on a foreign carrier's network even if you power it off due to lag time between the time the Device powers off and it is no longer registered on the foreign carrier's network. You will be charged for all data usage, including, but not limited to, your use of messaging apps, visual voicemail and access to cloud-based services. You may be charged taxes on international roaming rates. Billing for international roaming usage may be delayed up to three billing cycles due to the time it takes for wireless carriers to report international roaming usage. Please note that your device may generate unexpected and substantial international charges for preloaded and downloaded apps that transmit and receive data without user intervention when your Device is powered on and registered on a foreign carrier's wireless network. You may block international roaming services by contacting us from your Device.
By activating or using the Services, you (a) agree to use the Services in compliance with all applicable federal, state, and local laws and regulations; and (b) certify that: (i) you are not a person or entity identified on the Specially Designated Nationals and Blocked Persons List maintained by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC"), or any other sanctions list administered by OFAC; (ii) you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions; (iii) you are not acting on behalf of, or for the benefit of, any person or entity described in (a) or (b); and (iv) you will notify us immediately if any of the foregoing certifications cease to be accurate. We reserve the right to block calls or services to sanctioned destinations or to suspend or terminate Services as required to comply with applicable law. You agree to cooperate with any compliance verification we may conduct.
You agree that Graham or our authorized agents may contact you by phone, email, text messaging, facsimile, or other reasonable means to contact you to advise you about our Services or other matters we believe may be of interest to you. The frequency of these messages may vary depending on your interactions with us and the preferences you set. We may use predictive or auto-dialing equipment and send prerecorded messages or use artificial voice technologies when contacting you. We may contact you to provide notices regarding your account or account activity, for customer service-related reasons, to investigate or prevent fraud, for collections (collectively "Informational Messages"), or to share information about our products or services ("Promotional"), in compliance with law. You will not be charged for any messages we send but you may incur message and data rates based on your Plan. You are free to click on our unsubscribe link in Promotional emails at any time and you may request to be added to the Graham Do Not Contact list at any time or withdraw prior consent by contacting us if you no longer wish to receive Promotional calls or text. You may opt out of receiving SMS messages from us at any time by texting the word STOP in reply to the message. Upon receiving your request, we will send a single confirmation message and cease sending SMS messages to your number. Please note that you will continue to receive Informational Messages from us even if you withdraw consent to Promotional communications.
You agree that notices provided to you using any of these methods are considered received by you. You agree to provide accurate, current contact information about yourself, that you have authority to consent to communications to any phone numbers or email addresses you provide, and that you will promptly notify us if your contact information has changed.
We may send you important information in your bill notifications. If you have electronic billing, you are considered to have received these notices once your electronic bill is available for viewing. If you get a paper bill, you are considered to have received these notices 3 days after we mail the bill to you.
You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of Graham or any other third party. Except for a limited license to use the Graham Service, your purchase of Graham Service and Graham Devices does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of Graham or others related to the Graham Service and Graham Devices; this intellectual property may be used only with Graham Service unless expressly authorized by Graham. You agree that a violation of this section harms Graham, which cannot be fully redressed by money damages, and that Graham shall be entitled to seek immediate injunctive relief in addition to all other remedies available.
You agree that the Graham names and their related logos and all related product and service names, design marks, and slogans are trademarks and service marks owned by and used under license from Graham (the "Graham Marks"). You are not authorized to use the Graham Marks in any advertising, publicity, or in any other commercial manner without the prior written consent of Graham, which may be withheld for any or no reason.
You may not use any third-party logos and all related trademarks, service marks, design marks ("Third Party Marks"), owned by and used by us under license from the third-party. You are not authorized to use the Third-Party Marks in any advertising, publicity, or in any other commercial manner without the prior written consent of the Third Party.
When making a 911 call, always state the nature of your emergency and provide both your location and phone number, as the operator may not automatically receive this information. Graham is not responsible for failures to connect or complete 911 calls for any reason whatsoever, including without limitation if inaccurate location information is provided. 911 service may not be available or reliable and your ability to receive emergency services may be impeded. We or our network supplier may use a variety of information and methods to determine the location of a 911 call, including Global Positioning Satellites, our network supplier's wireless network, the street address you have provided us as your primary use location ("Primary Address"), or other information. Even with this information, an emergency operator may not be able to locate you in order to provide emergency services. Other third party entities are involved in connecting a 911 call and neither Graham nor its network supplier determines the public safety agency to which your 911 call is routed. If you are porting a phone number to or from us, we may not be able to provide you with some Services, such as 911 location services, while the port is being implemented. If you are porting a phone number to us, it is your obligation and responsibility to make certain that all information forwarded from the port out carrier is accurate and complete. If you dial 911 while outside the U.S., 911 services may not be available. For important information concerning your limited ability to access 911 emergency services when connected to Wi-Fi Calling on a compatible Device, including your obligation to provide us with your most recent physical location (your "Registered Location") whenever using the Wi-Fi Calling feature, please contact us at support@graham.co.
Customer Proprietary Network Information ("CPNI") is information that Graham and other telecommunications carriers obtain when providing your telecommunications services to you. CPNI includes the types of telecommunications services you currently purchase, how you use them, and the billing information related to those services, including items such as the types of local, long distance and wireless telecommunications services that you have purchased and your calling details. Your telephone number, name and address are not considered CPNI. We may use your CPNI to the extent needed to provide you with the Service, including, to the extent available and applicable, any multi-line services you have purchased (in which case you agree and understand that we may share your CPNI, as needed, with other members associated with your multi-line account, including information regarding the types of telecommunications services you currently purchase). We also may use your CPNI for training and quality assurance, and to offer you additional services of the type you already purchase from Graham. We may also use your CPNI to offer you products and services, packages, discounts and promotions from our affiliates, which may be different from the types of services you already purchase. Graham uses technology and security features and strict policy guidelines to safeguard the privacy of CPNI and protect it from unauthorized access or improper use. Graham does not disclose CPNI outside of Graham, its affiliates and their respective agents without customer consent except as required by law. When Graham uses third parties to perform services on its behalf that require the use of CPNI, Graham requires that they protect the CPNI consistent with this provision. Graham does not sell CPNI to unaffiliated third parties. If you wish to restrict our use of your CPNI for marketing purposes, you may contact us.
We may extend Promos and Offers for a specific time period and these offers may include, but are not limited to, coupons, promotional codes or other awards and benefits provided by or on behalf of Graham or other partners ("Offers"). The Offers may have limitations and restrictions including only using coupons or promotional codes once and not combining the Offer with other Promos or Offers, unless otherwise expressly permitted by Graham. We are under no obligation to release, honor, or maintain any Offers. Graham reserves the right to limit, modify, or discontinue Offers for any reason even after such service has been redeemed, at our discretion and without prior notice to you. Certain Offers may not be distributed on sharing sites or any other channels deemed by Graham to circumvent their intended usage.
Available to select 100 Graham customers who purchase and activate a new line of service after receiving a special invite from Graham. One offer per customer/household. Line must remain active on a compatible device (see graham.co/compatible), and the account must remain in good standing. If you change plans, cancel service, or your account is suspended or terminated, free service benefits end. Applies to base plan price only and excludes international usage, the Recovery Fee, and the Value-Add Service Fee (if applicable). Applicable taxes, fees, and surcharges are additional. During congestion, speeds may be temporarily reduced after 50GB of monthly usage (10GB for hotspot); video streams may be limited. Subject to service terms at graham.co/terms. Invitation has no cash value and may not be redeemed for cash or credit if not accepted or used. Offer non-transferable, non-combinable, no substitutions offered, and subject to change or termination at any time. Not available in all areas. Other restrictions apply.
Graham utilizes an artificial intelligence ("AI") in compliance with the law and industry best practices to provide prompt responses to user inquiries and requests, commonly referred to as a chatbot ("AI Chatbot"). AI technologies, including the AI Chatbot, are still developing and while Graham strives to ensure the accuracy of the information provided by the AI Chatbot, we do not guarantee its completeness, accuracy, or reliability. You agree that AI Chatbot's responses are for informational purposes only and do not constitute an Offer or advertisement. You should confirm information provided by the AI Chatbot on our website or by contacting us directly. In the event that the AI Chatbot provides misrepresentations or otherwise hallucinates when you interact with it, you agree not to rely on the output and understand that the terms of the Agreement shall apply. Moreover, the AI Chatbot is not intended to be used as a "Companion Chatbot" as defined by applicable law or industry standard. You should not use it to elicit other information that is not related to our services, and it should not be relied upon for financial, legal, or medical advice or as a substitution for other professional services.
This part of the Agreement outlines how disputes between the Parties will be resolved through our informal dispute resolution process, individual arbitration, or small claims court ("Alternative Dispute Resolution" or "ADR"). The informal dispute resolution process gives you the opportunity to explain what happened to someone in, or working with, our legal department. Under the terms of this Agreement, Graham is encouraged to resolve issues early, without going any further.
WAIVER OF JURY TRIAL. BY AGREEING TO ARBITRATE ALL DISPUTES, THE PARTIES ARE BOTH WAIVING ANY STATUTORY AND CONSTITUTIONAL RIGHTS TO A JURY TRIAL. TO THE EXTENT ALLOWED BY LAW AND TO THE EXTENT THE ADR PROCESS AND THIS ARBITRATION AGREEMENT IS FOUND TO BE UNENFORCEABLE, Graham AND YOU WAIVE STATUTORY AND CONSTITUTIONAL RIGHTS TO A JURY TRIAL. PLEASE BE ADVISED THAT THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT.
CLASS ACTION WAIVER. THE PARTIES EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. NEITHER YOU, NOR ANY OTHER CUSTOMER, CAN BE A CLASS REPRESENTATIVE, CLASS MEMBER, OR OTHERWISE PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING AGAINST Graham.
While the arbitration provisions in this Agreement lay out the specifics, here are the steps the Parties agree to take to resolve a dispute.
Contact Graham's customer service.
You agree that you will contact Graham before you initiate the Pre-Arbitration process described in this Agreement and give us both the opportunity to resolve the issue in good faith. A phone call, chat session, or email with us is usually the quickest way to resolve an issue. We may ask you to send us a written description of your issue and any supporting documentation to help to resolve the issue.
Attempt to work it out informally in Pre-Arbitration.
If we are unable to resolve the issue, start the informal dispute resolution process. The first step in the dispute resolution process is to send a written Notice of Dispute ("Notice"). We will also send you a Notice to your billing address if we have a dispute with you. The Notice must include all of the following information:
The Notice must be personally signed by you (if you are the claimant) or by a Graham representative (if we are the claimant). The party who receives the Notice has 60 days after receipt of a complete Notice to investigate the claim. During that period, either you or Graham may request an individualized discussion (by phone call or video conference) regarding settlement ("Informal Settlement Conference"). The Parties must work together in good faith to select a mutually agreeable time for the Informal Settlement Conference, which can be after the 60-day period. You and a Graham representative must personally participate, unless otherwise agreed in writing. Your and Graham's lawyers (if any) also can participate. Any applicable statute of limitations or contractual limitations period will be tolled for the claims and requested relief in the Notice while we work to resolve it informally ("Informal Resolution Period"). The Informal Resolution Period is the number of days between the date that the complete Notice is received by the other party, and the later of (1) 60 days, or (2) the date the Informal Settlement Conference is completed, if timely requested.
Please Note:
Any arbitration proceeding cannot be commenced until after the Informal Resolution Period has ended. All of the pre-arbitration dispute resolution requirements are essential so that The Parties have a meaningful chance to resolve disputes informally. If any aspect of these requirements has not been met, a court can enjoin the filing or prosecution of an arbitration. In addition, unless prohibited by law, the arbitration service provider may not accept, administer, assess, or demand fees in connection with such an arbitration. If the arbitration already is pending, it must be dismissed.
If the matter is not resolved, either you or Graham may:
1. File in Small Claims Court. As an alternative to arbitration, Graham may choose to resolve payment disputes in small claims court in the county of your most recent billing address. Graham and you agree that if you fail to timely pay amounts due, Graham may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by applicable law or the Agreement.; or
2. Pursue Arbitration. An "arbitration" is a less formal alternative to a lawsuit or jury trial in court. A neutral third party, called an arbitrator, decides the dispute. The arbitrator applies the same law and can award the same individualized remedies that a court could award but uses streamlined procedures and limits discovery to simplify the process and reduce costs.
THE PARTIES AGREE THAT, EXCEPT AS PROVIDED BELOW, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OUR SERVICES, MARKETING PRACTICES, OR PRODUCTS, WILL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL, NON-REPRESENTATIVE BASIS.
This binding dispute resolution and arbitration process (the "ADR Process") shall also apply to any claims against other parties relating to Service or Devices whenever you also assert claims against us in the same proceeding. This also includes any claims brought after your Agreement terminates. The ADR Process shall survive the termination of this Agreement.
To the greatest extent permitted by law, the Parties agree to arbitrate all disputes and claims between The Parties, except for claims arising from bodily injury or death. This arbitration provision is intended to be broadly interpreted. It includes, but is not limited to:
The American Arbitration Association ("AAA") or ADR Services will administer the arbitration and select the neutral arbitrator, with input from both the Parties.
Unless the Parties agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is valued at $10,000 or less, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator or through a telephonic, video conference, or in-person hearing under applicable Arbitration Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the Arbitration Rules. If you live outside of the county or parish of your billing address, the Arbitrator shall permit you to fully participate in the arbitration hearing by videoconference, and the Arbitrator shall have discretion to allow any party to fully participate in the hearing by videoconference upon request. The purpose of this provision is to ensure that the arbitration process is more accessible than a court trial and that you are not dissuaded from bringing a legitimate claim because you need to personally attend court proceedings.
All issues are for the arbitrator to decide, except only a court can decide the following:
The Parties expressly agree that the arbitration provisions, as embodied in this ADR Process, shall be governed by federal law, including the Federal Arbitration Act and federal case law interpreting the Federal Arbitration Act. For purposes of enforcing any arbitration award, Graham and you agree that the exclusive venue shall be the Federal Courts of the United States of the Southern District of New York (the "Federal Court"), in the first instance, and in state courts of New York City, in the event the Federal Court does not have subject matter jurisdiction or diversity jurisdiction. Notwithstanding the foregoing, please be advised this Agreement affects interstate commerce, such that federal law would preempt state law. To the extent allowed by law, you agree to waive any argument that this Agreement does not affect interstate commerce.
Graham will pay all filing, administration, case-management, hearing, and arbitrator fees assessed by the selected arbitration service if we initiate an arbitration. If you initiate arbitration of claims valued at $75,000 or less, we will pay those fees, so long as you have fully complied with the pre-arbitration informal dispute resolution requirements. In such cases, we will pay the filing fee directly to the arbitration service upon receiving a written request from you or, if the arbitration service requires you to pay the filing fee to commence arbitration, we will send that amount to the arbitration service and request that the arbitration service reimburse you. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the allocation and payment of all such fees will be governed by the applicable Arbitration Rules.
If we did not make a written offer to settle the dispute before the arbitrator was selected, and the arbitrator awards you any relief on the merits, you and your attorney will be entitled to receive the Alternative Payment and the Attorney Premium, respectively. Disputes regarding the payment and reimbursement of attorneys' fees, expenses, the Alternative Payment, and the Attorney Premium may be resolved by the arbitrator upon request from either party made within 14 days of the arbitrator's ruling on the merits. In assessing whether an award that includes attorneys' fees and expenses is greater than the value of our last written settlement offer, the calculation will include only the reasonable attorneys' fees and expenses you incurred pursuing this arbitration through the date of our settlement offer. The right to the Attorney Premium supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this arbitration provision does not preclude the arbitrator from awarding you that amount. However, you may not recover both the Attorney Premium and a duplicative award of attorneys' fees or expenses.
Notwithstanding anything to the contrary in the Arbitration Rules, to the extent permitted by applicable law, the Parties agree that discovery shall be limited to one deposition per side and ten requests for production of documents and materials, including any electronically stored information, reasonably tailored to the issues in the case, given the Arbitrator's discretion to limit the production of electronically stored information or shift the cost to the party seeking the production of electronically stored information, depending on the circumstances presented to the Arbitrator. The purpose of this provision is to ensure that the arbitration process is more affordable than an action in Court and that you are not dissuaded from bringing a legitimate claim based on the broader range of discovery permitted in a court action. Notwithstanding the foregoing, the Arbitrator will have discretion, upon a showing of good cause and necessity to ensure a fair hearing on the merits, to expand the limits of discovery to include additional depositions, additional document requests, or expanded to include written interrogatories in lieu of additional depositions.
If 25 or more claimants submit Notices or seek to file arbitrations raising similar claims and are represented by the same or coordinated counsel (whether such cases are pursued simultaneously or not), all the cases must be resolved in staged proceedings. You agree to this process even though it may delay the arbitration of your claim.
In the first stage, claimants' counsel and Graham will each select 25 cases (50 cases total) to be filed in arbitration and resolved individually by different arbitrators. If feasible, the arbitrators will be from the respective claimants' home states. If there are fewer than 50 cases, all will be filed in arbitration. In the meantime, no other cases may be filed or proceed in arbitration, and the arbitration service must not assess or demand payment of fees for the remaining cases or administer or accept them. The arbitrators are encouraged to resolve the cases within 120 days of appointment or as swiftly as possible thereafter, consistent with fairness to the parties. After the first stage is completed, the parties must engage in a single mediation of all remaining cases, and Graham will pay the mediation fee. If the parties cannot agree how to resolve the remaining cases after mediation, they will repeat the process of selecting and filing 50 cases to be resolved individually by different arbitrators, followed by mediation. If any claims remain after the second stage, the process will be repeated until all claims are resolved, with four differences. First, a total of 100 cases may be filed in the third and later stages. Second, the cases will be randomly selected. Third, arbitrators who decide cases in the first two stages may be appointed in later stages if different arbitrators are not available. Fourth, mediation is optional at the election of counsel for the claimants. Between stages, counsel will meet and confer regarding ways to improve the efficiency of the staged proceedings, including whether to increase the number of cases filed in each stage. Either party may also negotiate with the arbitration service regarding the amount or timing of arbitration fees. If this subsection applies to a Notice, the Informal Resolution Period for the claims and relief set forth in that Notice will be extended (including the tolling of any applicable statute of limitations or contractual limitations period for the claims and requested relief) until that Notice is selected for a staged proceeding, withdrawn, or otherwise resolved. This subsection and each of its requirements are intended to be severable from the rest of this arbitration provision.
A court will have the authority to enforce this subsection, including by enjoining the mass filing, the prosecution or administration of arbitrations, or the assessment or collection of arbitration fees. If, after exhaustion of all appeals, a court decides that the staging process in this subsection is not enforceable, then the cases may be filed in arbitration and the payment of filing, administration, case-management, hearing, and arbitrator fees will be assessed as the arbitrations advance and arbitrators are appointed rather than when the arbitrations are initiated.
Notwithstanding any provision in this Agreement to the contrary, if Graham makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice via U.S. Mail within 30 days of the first notice of the change to our Legal Department at our address. Include your name, address, phone number, account number, and a statement personally signed by you that you wish to reject the change to the arbitration provision. By rejecting any future change, you are agreeing that you will arbitrate any dispute between The Parties in accordance with the language of this version of the arbitration provision.
We may take any action provided to us by Agreement, including terminating the Agreement at any time and for any reason if we determine, in our sole discretion, that termination is necessary to protect our Service and our interests, our network service supplier and its interests, our service providers, or if you breach the terms of the Agreement. We may or may not provide you with advance notice of termination. We may allow you to take actions to address the reason for termination by either suspending you until it is corrected or reinstating you after termination, subject to any applicable fees to restore service. We and our network service provider may prohibit you from using the Service in the future using any technological means available, including, but not limited to, blocking your Device or any other Device we come to know is operated by you in the future.
You cannot assign the Agreement or any of your rights or duties under it without our written consent, and any attempted assignment or delegation without such consent is void. We may assign all or part of the Agreement or your debts to us without notice to you.
You are using Graham Services at your own risk. Unless expressly set out in this Agreement, Graham Services are provided on an "as is" and "as available" basis, without warranties or guaranties of any kind. To the greatest extent permitted by law, Graham (including our past, present, and future parents, subsidiaries, affiliates, related entities, as well as Graham's and all of those entities' officers, agents, employees, licensors, predecessors in interest, successors, and assigns) expressly disclaims all warranties of any kind, whether oral, express, implied, or statutory, including but not limited to the implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, and any warranties implied by a course of performance, course of dealing, or usage of trade. No one is authorized to make warranties on our behalf. We do not guarantee that Graham Services will meet your requirements, be of a particular quality or speed, or will be uninterrupted, accurate, secure, maintained, and kept free from viruses or other harmful components. There is no security or protection guarantee against unauthorized access to your Graham Services, personal information, or Graham Account. We do not guarantee that Graham Services are suitable for use in situations in which absolutely accurate data transmission or security is required or that could result in personal injury, property damage, or financial loss. We also do not guarantee that Graham Services will be interoperable with your hardware or software and that incompatibility won't lead to damage or loss of data.
To the extent permitted by law, the Parties each agree to limit claims for damages, or other monetary relief against each other to direct and actual damages regardless of the theory of liability. This means that neither Party will seek any indirect, incidental, special, consequential, treble, or punitive damages from the other including but not limited to damages for personal injury, property damage, or loss of revenue, profits, business, goodwill, use, data, or other tangible or intangible losses (even if we've been told of the possibility of those damages) resulting from:
Our total liability to you (under any legal theory) or to any third-party claims you bring that require us to indemnify you is a credit or refund that must not exceed the total amount of charges you paid us for the applicable Graham Service during the shorter of (i) the preceding 24-month period or (ii) the period in which you experienced the issue giving rise to your claims. If applicable law prohibits a limitation in this Agreement, all other limitations will apply as permitted by law.
To the fullest extent allowed by applicable law, you agree to release, hold harmless, indemnify, and defend Graham (including our past, present, and future parents, subsidiaries, affiliates, and related entities, as well as Graham's and all of those entities' officers, agents, employees, licensors, predecessors in interest, successors, and assigns) from any and all third party claims of any person or entity for damages, fines, penalties, or expenses of any nature arising out of or relating to, directly or indirectly:
You acknowledge that you shall acquire no proprietary interest in numbers assigned by Graham for its use. Unless caused by the sole negligence of Graham, Customer shall indemnify and hold Graham, its officers, employees, suppliers of network and other goods or services and agents harmless against any and all claims, demands, suits, judgments, causes of action, losses, expenses, fees (including reasonable attorney's fees), and liability or damages for libel, slander or infringement of copyright from the material transmitted via the access telephone number.
A waiver of any part of the Agreement in one instance is not a waiver of any other part or any other instance and must be expressly provided in writing. If we do not enforce our rights under any provisions of the Agreement, we may still require strict compliance in the future.
If any part of the Agreement is held invalid, that part may be severed from the Agreement and the remainder of the Agreement will continue in full force and effect.
The Agreement is the entire agreement between Graham and you and defines all of the rights you have with respect to your Graham Service, except as provided by law, and you cannot rely on any other documents or statements by any sales or service representatives or other agents. If you purchase a Device, services or content from a third party, you may have a separate agreement with the third party; Graham is not a party to that agreement.
In addition, we are not responsible for interruptions or delays caused by events outside our control, such as, war, acts or threats of terrorism, civil disorder, labor strikes or disruptions, natural disasters (including fires, floods, earthquakes, and severe weather), medical epidemics, pandemics or outbreaks, destruction of network facilities or transportation infrastructure, governmental actions or regulations, acts of our supplier of network service or other third parties, and any other events beyond our reasonable control.
Sections of this Agreement that by their nature should survive termination shall continue after termination of our Agreement with you, including but not limited to Dispute Resolution and Arbitration, Disclaimer of Warranties, Limitations of Liability, and Indemnification provisions.
You are not liable for charges you did not authorize, but the fact that a call was placed from your Device is evidence that the call was authorized. Unauthorized charges may include calls made to or from your Device after it was lost or stolen. Once you report to us that the Device is lost or stolen and your Device is suspended, you will not be responsible for subsequent charges incurred by that Device. You can report your Device as lost or stolen and suspend Services without a charge by calling customer service or engaging us online. If you notify us of any charges on your bill you claim are unauthorized, we will investigate and advise you of the result of our investigation within 30 days. If you do not agree with the outcome, you may file a complaint with the California Public Utilities Commission, and you may have other legal rights.
If you have any questions or concerns about your Graham Service, please contact customer service at support@graham.co or (888) 629-6369. If you are a Connecticut customer and we cannot resolve your issue, you have the option of contacting the Department of Public Utility Control (DPUC). Online: ct.gov/pura; Phone: 1-866-381-2355; Mail: Connecticut DPUC, 10 Franklin Square, New Britain, CT 06051.
If you have questions about this Agreement, please contact us at support@graham.co.
Graham is a brand operated by Telco Papa Ltd, a subsidiary of Rockstar Automations Ltd (aka Gather).