ITALKBB PRIME® APP (INCLUDING ITALKBB CHINA PASS) TERMS AND CONDITIONS

iTalkBB Prime® APP (及 iTalkBB中国通) 服务条款

For US users

This agreement ("Agreement") is between iTalk Global Communications Inc. ("iTalkBB®") and an end user ("you" or "Customer") of iTalkBB Prime Mobile Application Services, which include iTalkBB China Pass (“iTalkBB Prime® APP Services”). The iTalkBB Prime App Services include iTalkBB’s proprietary mobile application (“iTalkBB Prime App”) and assignment to you of a United States phone number (“US Number”), Additionally, depending on your subscripted plan, you will be provided either a China phone number (“China Number”) or a Hong Kong phone number (“Hong Kong Number”). All iTalkBB Prime App Services are governed by the terms and conditions of this Agreement. If you are subscribing for iTalkBB Home Phone Services, please see the iTalkBB Home Phone Terms and Conditions.

ADDITIONAL OR CONFLICTING TERMS AND CONDITIONS ON ANY DOCUMENT RELATED TO THE SUBJECT MATTER OF THIS AGREE MENT ARE HEREBY REPLACED BY THIS AGREEMENT.

iTalkBB Prime App Services are specifically designed to offer unique and exclusive features that are available to users by access to proprietary software hosted by iTalkBB. These software as service (SaaS) features enable the customer to utilize a number of communication features not routinely available from telecommunications providers.

The rates and charges for the iTalkBB Prime App Services, which may be found at www.italkbb.com, are effective as of October 1, 2021 and are subject to change. For your most current rates and charges, please see the most current version of this Agreement, or if you have questions about your services, please visit our website at www.italkbb.com.

Term

Monthly Plan:Your monthly subscription to iTalkBB Prime App Services will continue and renew on a month-to-month basis until you cancel the service. The iTalkBB Prime App Services will automatically renew unless Customer provides iTalkBB notification of intent to terminate the iTalkBB Prime App Services not less than twenty-four (24) hours prior to the next regular billing date.

“Contract Plan” (1 year term):On or about the Anniversary Date of any Contract Plan the plan will be automatically renewed on a month-to-month basis by charging Customers credit card of record, unless, Customer cancels the iTalkBB Prime Service under the provisions of these Terms and Conditions. If Customer cancels a Contract Plan prior to the expiration of its term or any extended term, Customer may be required to pay an Early Termination Fee.

Annual Plan: Effective April 6, 2023, we are offering an Annual Plan for iTalkBB Prime App Services. On or about the Anniversary Date of any Annual Plan the plan will be automatically renewed for an additional one-year term by charging Customers credit card of record for a full year of services, unless, Customer cancels the iTalkBB Prime Service under the provisions of these Terms and Conditions.

IMPORTANT NOTICE REGARDING EMERGENCY SERVICES - 911 DIALING

ITALKBB PRIME APP SERVICES DO NOT INCLUDE ANY 911 EMERGENCY DIALING CAPABILITY. Your iTalkBB Prime App can be used only when downloaded to a smart mobile phone. All emergency dialing must be accomplished on your smart mobile phone exactly as you would if did not have the iTalkBB Prime App. Customer acknowledges that iTalkBB Prime App Services do not function with outdialing services including home security systems, medical monitoring equipment, fax machines or satellite television systems.

DISCLAIMER OF LIABILITY AND INDEMNIFICATION

iTalkBB Prime App Services, as described above, do not offer any 911 emergency dialing capability. All 911 emergency dialing must be done on your smart mobile phone. You, on your own behalf and on behalf of any third party, hereby agree to defend, indemnify and hold harmless iTalkBB, its officers, directors, employees and agents from and against any and all claims, losses, damages, fines, penalties, costs and expenses (including attorneys' fees) relating in any way to 911 emergency dialing or emergency response by emergency service personnel.

Incompatibility with Other Devices

You acknowledge that iTalkBB Prime App Services may not be compatible with all non-voice communications equipment, including without limitation, home security systems, TTY, medical monitoring equipment, certain versions of TiVo, satellite television systems, PBX, Centrex, other private telephone networks, or computer modems. You waive any claim against iTalkBB Prime App Services for interference with or disruption of these services and equipment, as well as any claim that iTalkBB Prime App Services is responsible for any disruption of your business, if applicable.

Activation and Cancellation Policies

Activation: Your iTalkBB Prime App Services are “Activated” when you subscribed for the services online, at an iTalkBB Service Store location or by calling iTalkBB Customer Service.

Monthly Plan Cancellation:Your iTalkBB Prime App Services are provided on a month-to-month basis, you may cancel at any time by contacting the iTalkBB Customer Service Cancellation Department at 1-877-482-5503 NOT LESS THAN 24 HOURS PRIOR TO YOUR NEXT REGULAR BILLING DATE.

Contract Plan Trial Period and Cancellation Policy:For Customers subscribing to a Contract Plan, iTalkBB offers a thirty (30) day trial period (Trial Period). The Trial Period commences on the Activation Date. Customer may terminate the iTalkBB Prime App Services at anytime during the Trial Period, without penalty, provided that, iTalkBB will not refund any Activation fee or service fees charged at subscription, if applicable. To cancel during the Trial Period, contact iTalkBB Customer Service at 1-877-482-5503.

Contract Plan – Early Termination Fee: If Customer terminates the Contract Plan, prior to expiration of its term or the term of any extended Contract Plan, after Activation Date and after expiration of Trial Period, iTalkBB shall charge an Early Termination Fee to Customer’s credit card in the amount of $99.00. iTalkBB will cancel your services under standard cancellation processes.

Annual Plan Trial Period and Cancellation Policy: For Customers subscribing to an Annual Plan, iTalkBB offers a thirty (30) day trial period (Trial Period). The Trial Period commences on the Activation Date. Customer may terminate the iTalkBB Prime App Services Annual Plan at anytime during the Trial Period, without penalty, provided that, iTalkBB will refund 11-month of the prepaid Annual Plan service fees, regulatory recovery fee and sales taxes. To cancel during the Trial Period, contact iTalkBB Customer Service at 1-877-482-5503. If you cancel the Annual Plan after the Trial Period ends, we will not refund any portion of the services fees, regulatory recovery fee or sales taxes.

China Pass Plan Cancellation: For Customers purchasing the China Pass Plan, there is no trial period. You will receive a 1-year valid iTalkBB Prime App account without auto-renewal. You may choose to extend your account for an additional year by purchasing a retention period for an extra charge. The retention period will be automatically renewed for another year on the anniversary of the retention period, with the corresponding charge. You may cancel your account at any time without incurring penalties, but no refund will be provided. To cancel your service, contact iTalkBB Customer Service Cancellation Department at 1-877-482-5503 NOT LESS THAN 24 HOURS PRIOR TO YOUR NEXT REGULAR BILLING DATE.

iTalkBB Prime App Services - Usage

iTalkBB Prime App Services Reasonable Residential Use Policy

iTalkBB Prime App Services has developed the following Reasonable Residential Use Policy to describe permissible uses of its service, and to prevent exploitation, fraud, and abuse of its unlimited calling plans and features. This policy is applicable to all iTalkBB Prime App Services.

Reasonable Residential Use

Customer acknowledges that he or she has purchased iTalkBB Prime App residential services for Customer's personal, residential, non-business and non-professional use.Personal, residential, non-business and non-professional use shall apply to all calls and text messages originated by Customer. Customer agrees that iTalkBB Prime App Services are intended for use by Customer on his or her smart mobile phone.

Impermissible Use(s)

Each of the following is considered to be outside normal residential use:

>business use of any type, including home office businesses

>operating a customer care, support or call center

>resale to others

>auto-dialing, text messages or fax/voice blasts

>telemarketing

>all other non-residential uses

Use of the iTalkBB Prime App:Monthly usage which is 30% higher than the average usage by iTalkBB Prime App residential customers is considered unusual and excessive usage and is subject to evaluation by iTalkBB. In addition, usage involving specific numbers called, average call durations, forwarding and transferring, conferencing and unusually short duration calling, constitute impermissible use(s) of iTalkBB Prime App Services.

Use of the China Number:iTalkBB has established Reasonable Residential Use for the China Number. Usage that exceeds: 3,000 China Number incoming minutes of use monthly, 300 China Number incoming calls monthly, or 20 China Number incoming calls on any day shall be considered outside of Reasonable Residential Use for the China Number.

To comply with regulation and policy in China, effective August 25, 2022, the following usage limits will be applied to your China Number incoming call service: (i) If you answer incoming calls on your China Number from 5 different numbers (20 if you are in China) within one day, all further incoming calls on your China Number will be blocked for the rest of that day; (ii) If you answer incoming calls on your China Number from 5 different numbers (20 if you are in China) on any two days within one billing month, your incoming call service on your China Number will be suspended for 30 days; (iii) If you answer incoming calls on your China Number from 20 different numbers (100 if you are in China) within one billing month, your incoming call service on your China Number will be suspended for 30 days; or (iv) If there are any two billing months of “Overuse” as describe in (ii) and (iii) above, your incoming call service on your China Number will be permanently suspended.

To comply with regulation and policy in China, effective August 25, 2022, the following usage limits will be applied to your China Number incoming call service: (i) If you receive incoming calls on your China Number from 5 different numbers within one day, all further incoming calls on your China Number will be blocked for the rest of that day;(ii) If you receive incoming calls on your China Number from 5 different numbers on any two days within one billing month, your incoming call service on your China Number will be suspended for 30 days; (iii) If you receive incoming calls on your China Number from 20 different numbers within one billing month, your incoming call service on your China Number will be suspended for 30 days; or (iv) If there are any two billing months of “Overuse” as describe in (ii) and (iii) above, your incoming call service on your China Number will be permanently suspended.

iTalkBB Actions for Abnormal, Unreasonable or Impermissible Usage

Based on these factors, iTalkBB may determine that abnormal, unreasonable or impermissible usage is occurring, and may take appropriate steps.
.Actions for impermissible calling: (1) suspend or terminate your service to enforce this Reasonable Residential Use Policy for calling; or (2) charge a per minute charge (not to exceed USD 0.02) for all calls exceeding the Reasonable Residential Use limits for calling; and
.Actions for impermissible texting:Each iTalkBB Prime App account may send only one outbound text message at a time. If multiple messages are sent simultaneously, only one will be successfully delivered, while the others will fail. If a Customer sends outbound texting messages to more than 30 recipients within a single calendar day, OR exceeds 300 SMS/MMS messages in outbound texting while sending those messages to more than 30 recipients within a monthly billing cycle, iTalkBB may suspend or terminate your service to enforce this Reasonable Residential Use Policy for texting.
IMPORTANT NOTICE: SMS/MMS messages are limited to 140 English language characters or 70 Chinese language characters. If you exceed this limit, the additional characters will be counted as an additional SMS/MMS message. Please be advised that emojis or other symbols are generally counted as more than one character.

For Lawful and Appropriate Purposes Only

You may not use your iTalkBB Prime App Services in any way that is illegal, fraudulent, improper or inappropriate. You may not use any automated means to manipulate iTalkBB’s services or use iTalkBB’s services to violate any law, rule, regulation or any third party's intellectual property or personal rights.

iTalkBB's Enforcement of its Policies

iTalkBB reserves the right to review and evaluate all customer accounts and to take action if an account is outside of its Reasonable Residential Use Policy or involves impermissible, detrimental or unlawful use. iTalkBB may assess abnormal usage based on comparisons to the usage patterns and levels of our other customers. If any customer's use is determined by iTalkBB Prime App Services, in its sole discretion, to be outside of its Reasonable Residential Use Policy, iTalkBB reserves the right to terminate service with or without notice. If any customer's use is determined to be unlawful, iTalkBB will immediately suspend or terminate the service with or without notice. iTalkBB will notify all proper authorities of any illegal use of iTalkBB's iTalkBB Prime App Services and will cooperate with all such authorities regarding investigation and prosecution. iTalkBB hereby reserves all of its legal rights.

Changes

iTalkBB reserves the right to change its Reasonable Residential Use Policy at any time without notice. Any such changes shall become effective when posted to iTalkBB's websites.

Call Recording Feature

The iTalkBB Prime App offers a call recording feature for use exclusively when all parties to the call are physically in the United States or Canada. The recording feature can be used by a call originator or a call receiver that is iTalkBB Prime App user (“Customer”). Customer can initiate a recording only when the call is in progress by selecting the Record Button. After selection the following pop-up message will be display on the Customer’s screen:

"Please note that Federal, States and Local laws can impose criminal charges and/or fines for recording conversations without consent of all parties on the call as set forth in the Terms & Conditions. By pressing CONTINUE, you agree that you understand and will abide the law governing call recording."

By using this feature, you agree that you have the consent of all parties on the call before proceeding. To stop the recording during the call, you may select STOP or hang up. The call will be recorded to your personal device. You are solely responsible for complying with all Federal, States and Local laws when using the recording feature (State and Local laws may vary by Jurisdictions). iTalkBB expressly disclaims all liability with respect to Customers call recording. Customer hereby releases and agrees to hold iTalkBB harmless from and against any damages or liabilities related to Customer’s call recording.

iTalkBB UnionPay Prepaid Card Feature

The iTalkBB Prime App allows customers to use the iTalkBB UnionPay Prepaid Card (“UnionPay Card”) for payment transactions. The UnionPay Card is a digital prepaid card issued by East West Bank and UnionPay. iTalkBB Prime App serves solely as a platform for utilizing the UnionPay Card.

To apply for the UnionPay Card, you must do so through the iTalkBB Prime App. Only Master Account holders of the iTalkBB Prime App Service are eligible to apply and use the UnionPay Card feature. Additionally, you need an East West Bank checking account to apply for the UnionPay Card. During the application process through the iTalkBB Prime App, you will be redirected to East West Bank’s site to open an East West Bank checking account (if you don’t already have one) and to complete the UnionPay Card application.

To add funds to your UnionPay Card, you need to transfer money from your East West checking account. Please note that once funds are added to the UnionPay Card, they cannot be withdrawn unless the UnionPay Card account is closed. If you cancel your iTalkBB Prime App Service, your UnionPay Card account will not be closed automatically. While you will lose access to the QR code payment feature in the iTalkBB Prime App, you can still use the card number and information to make payments. To close your UnionPay Card account, please contact East West Bank directly at 1-833-468-8356 (US) or 400-080-5290 (China).

All personal information provided during the application process is stored exclusively by East West Bank, and iTalkBB does not access or retain this information. While you can view your UnionPay Card transactions in the iTalkBB Prime App, iTalkBB does not access or retain transaction details. East West Bank manages all funds and transactions related to the UnionPay Card.

For any issues with the UnionPay Card, please contact East West Bank customer service directly at 1-833-468-8356 (US) or 400-080-5290 (China).

For more information about applying for the UnionPay Card, please refer to the iTalkBB Prime App. Details on fees and terms for the East West Bank iTalkBB UnionPay Prepaid Card Bundle can be found on the following East West Bank webpages:

Please review all terms, disclosures, agreements, and fee information carefully before applying for the East West Bank iTalkBB UnionPay Prepaid Card Bundle.

iTalkBB China Pass Plan

If you purchase the iTalkBB China Pass Service ("China Pass"), you will receive a 30-day Travel Data eSIM of your choice and an iTalkBB Prime App account with a 1-year validity period. For additional terms related to the Travel Data eSIM, please refer to the Travel Data SIM Card Service Terms and Conditions.

Upon purchasing the China Pass and activating your iTalkBB Prime account, you have the option to add a pair of U.S. and China phone numbers to your iTalkBB Prime App account for an additional charge. During the validity period of your iTalkBB Prime App account, if your Travel Data eSIM expires or runs out of data, you can repurchase the Travel Data eSIM and retain access to the same U.S. and China numbers originally assigned when you purchased the China Pass. However, if you do not add the U.S. and China numbers at the time of your initial China Pass purchase, you will not be able to add them later when repurchasing the Travel Data eSIM within your validity period. Additionally, once your Travel Data eSIM expires, the associated U.S. and China numbers will also become invalid. If you repurchase the Travel Data eSIM after it expire, you will be assigned a new set of numbers rather than retaining the original ones.

During the valid period of your iTalkBB Prime App account, you will have access to the UnionPay Card feature if you successfully open an East West Bank checking account and complete the UnionPay Card application.

Upon the expiration of your iTalkBB Prime App account's 1-year validity period, you may choose to extend your account for an additional year by purchasing a retention period for an additional charge (“Retention Period”). If you do not contact iTalkBB to purchase the Retention Period before the first 1-year validity period of your China Pass expires, your account and all related features will become invalid upon expiration. Once you opt to purchase the Retention Period, we will automatically renew it for an additional year on the anniversary date, with the corresponding charge. You may cancel the Retention Period before it is renewed. Please refer to the Activation and Cancellation Policies section for further details.

No trial period is offered for the China Pass. All fees paid for the China Pass are prepaid and non-refundable. You may cancel your account at any time without penalty, but no refund will be provided.

You may also switch your China Pass to another iTalkBB Prime Service Plan. However, if you switch during the Retention Period, no refund will be provided for any charges related to the Retention Period.

Identity Verification

China Number

If you purchase a China Number, you must visit an iTalkBB Service Facility and present one of the following for identity verification: a United States Passport, a Canadian Passport, or a Chinese Resident Identity Card, in compliance with Chinese identity verification policies and regulations established by the China Government.

While at the iTalkBB Service Facility, you must upload the following through your phone for verification:

  • • A copy of your passport or Chinese Resident Identity Card
  • • A front-facing photo of yourself (must include the iTalkBB logo within the iTalkBB Service Facility)
  • • A photo of the physical SIM card (if applicable)

If you use a Chinese Resident Identity Card for verification, you will also need to complete a dynamic facial recognition process to match the photo on your ID.

If you use a passport for verification, you must upload a photo of yourself at an identifiable location in China through your iTalkBB Prime App after entering China. This step must be completed before finalizing the verification process and activating your China Number.

You can find the locations of official iTalkBB Service Facilities at the following link: https://www.italkbb.com/us/en/contact-us.html?stores

If you used a Chinese Passport for identity verification before August 12, 2022, you must visit an iTalkBB Service Facility to complete the updated identity verification process outlined above. Failure to do so will result in the suspension of your China Number Service due to regulatory requirements in China.

Hong Kong Number

If you purchase a Hong Kong Number, you are required to complete the Real-name Registration to comply with the Hong Kong Government’s regulations. Once your Hong Kong Number is activated, you will receive an email from iTalkBB, instructing you to complete the Real-Name Registration. The process involves filling out a form and uploading your ID through the link provided in the email. The ID accepted for the Real-name Registration include the Chinese Passport, Hong Kong Resident Identity Card, Macau Resident Identity Card, or Passport of any Non-Chinese Citizen.

Billing, Charges and Payment

Credit Card Payment

Upon purchase, Customer must provide iTalkBB a valid credit card number from an accepted issuer (see iTalkBB's website for accepted issuers). Customer authorizes iTalkBB to charge the credit card number ("Credit Card") for all charges arising from Customer's use of the iTalkBB Prime App Services. Customer shall notify iTalkBB of any change to the Credit Card information including, without limitation, changes in account number, expiration date and billing address.

Invoicing

iTalkBB will provide Customer with a monthly on-line invoice for iTalkBB Prime App Services and bill all charges invoiced to Customer's account to the Credit Card. Charges shall include, monthly service fees, usage fees, toll charges, taxes, regulatory/regulatory recovery fees and all other applicable charges. Monthly service fees are paid in advance of each month's iTalkBB Prime App Services. Toll charges and other applicable charges are billed at the end of each service month. Billing for monthly service fees and other applicable charges commences upon Activation of iTalkBB Prime App Services, and the first month's monthly service fees will be prorated to take into account any partial month of iTalkBB Prime App Services.

Toll Charges

All calls to or from the iTalkBB Prime App using the iTalkBB Prime App Services that originates or terminates in the PSTN is subject to the then applicable toll charges that are associated with the service plan Customer has selected. All calls to destinations outside the United States to a party that is not an iTalkBB Prime App Services Customer will be charged at the then current international rates published on iTalkBB's website, unless such international calls are part of your calling plan. The duration of each call will be calculated in one-minute increments.

Telephone Numbers

Any telephone number provided to Customer by iTalkBB Prime App Services shall be leased and not sold. Customer may not use such number with any other device other than the iTalkBB Prime App with the express prior written consent of iTalkBB Prime App Services. iTalkBB reserves the right to change, cancel or move the number in its sole discretion.

China Number

For Chinese immigrant customers, new iTalkBB Prime App Services subscribers will be assign a China Number. The charge for the China Number is in addition to the iTalkBB Prime App Services Calling Plan the subscriber chooses. The China Number Service is a month-to-month service paid one month in advance and you may cancel at any time at least 24 hours before any monthly billing. Your friends and families in China may contact you on the China Number and pay only local call charges in China. If you are an iTalkBB Prime App Services user, you may receive and reply text messages on the China Number. iTalkBB Prime App Services users can only receive incoming calls on their China Number if the user is physically located in the United States or Canada at the time when the incoming call occurs.

PLEASE SEE REASONABLE RESIDENTIAL USE POLICY FOR CHINA NUMBER IN ITALKBB PRIME APP SERVICES - USAGE ABOVE.

The availability of the China Number is subject to and dependent upon the network facilities and regulatory environment in China. iTalkBB cannot guarantee connection to any China Number from all cities and regions in China. iTalkBB may have a limited number of China Number for some or all regions of China and cannot guarantee number availability at all times. iTalkBB further cannot guarantee uninterrupted service on China Number.

Billing Disputes

Customer must dispute any charges for the iTalkBB Prime App Services within thirty (30) days of receipt of the monthly on-line invoice. Customer understands and agrees that Customer's failure to dispute any charges with the thirty (30) day time period constitutes a waiver of all claims to any dispute.

Late Payment - Non-Payment.

If any charges for iTalkBB Prime App Services are due but unpaid for any reason including, without limitation, non-payment or declined Credit Card charges, iTalkBB may suspend or terminate the iTalkBB Prime App Services and all accrued charges shall immediately be due and payable, to include a late fee of the lesser of 1.5% monthly or the maximum allowed by law. If charges cannot be processed to the Credit Card, Customer will be charged a fee of ten dollars ($10.00). Neither suspension nor termination shall relieve Customer from the obligation to pay all amounts owing under this Agreement.

Automatic Renewal of Month-to-Month, Contract Plan and Annual Plan iTalkBB Prime App Services.

Monthly Plan:Your month-to-month iTalkBB Prime App Services will automatically be renewed each month unless and until you cancel your iTalkBB Prime App Services using the Cancellation Policies described follow.

Contract Plan:On or about the Anniversary Date of any Contract Plan the plan will be automatically renewed on a month-to-month basis by charging Customers credit card of record, unless, Customer provides iTalkBB notice of Customer's desire to cancel service or change to a different calling plan or payment plan at least 24 hours prior the Anniversary Date.

Annual Plan: On or about the Anniversary Date of any Annual Plan the plan will be automatically renewed for an additional one-year term by charging Customers credit card of record for a FULL YEAR OF SERVICES FEES, REGULATORY RECOVERY FEES AND SALES TAXES, unless, Customer provides iTalkBB notice of Customer's desire to cancel service or change to a different calling plan or payment plan at least 24 hours prior the Anniversary Date.

Applicable Regulatory Fees, Surcharges, System Access Charges, and Intellectual Property/Legal Compliance Fees.

Federal, state, provincial, county, municipal and local governments may assess regulatory fees, contribution fees, surcharges and other compliance fees on your iTalkBB Prime App Services. Independent third-party providers may charge regulatory and administrative fees, legal/intellectual property compliance charges, surcharges and access fees for services that iTalkBB is required to pay in order to enable your access to global public telecommunications networks. iTalkBB Prime App Services may assess network access fees in applicable markets. These charges may be assessed to you as a flat monthly fee, a percentage of your iTalkBB Prime App services monthly charges or both, and may change from time to time without notice. You are responsible for all such fees and charges, now in force or enacted in the future, that arise from your subscription for iTalkBB Prime App Services. Such charges are in addition to your iTalkBB Prime App Services charges and will be charged to your account according to the plan or payment method you have selected. Applicable portions of such fees and charges are paid to governmental agencies, third parties or retained by iTalkBB to offset applicable costs associated with your subscription for iTalkBB Prime App Services. No such fees or charges shall be included in any refund under this Agreement. Applicable Federal Universal Service Funds are included in such fees and charges but in no event is any customer charged more Federal Universal Service Funds fees than allowed by the Federal Communications Commission.

These fees and charges do not include applicable state, county, city or special district sales taxes. All applicable sales taxes are added to your monthly billing (see FAQs below). iTalkBB collects these sales taxes from you and pays them over to the appropriate taxing authority.

FAQs:

What is the Applicable Regulatory/Compliance Fees and Charges?

The iTalkBB Prime App Services Applicable Regulatory/Compliance Fees and Charges is an additional charge over and above the basic fee for your iTalkBB Prime App Services. iTalkBB uses this fee to pay our regulatory-related fees and expenses, including federal, state and local telecommunications regulatory fees and charges, access charges for US and foreign publicly switched networks, intellectual property and network confidentiality charges, number portability charges, and related legal and administrative fees. It is $1.99 per phone number per month.

How much is the iTalkBB Service Applicable Regulatory/Compliance Fees and Charges?

It is $1.99 per phone number per month.

What fees are included in the "Applicable Regulatory/Compliance Fees and Charges"?

Applicable Regulatory/Compliance Fees and Charges include Federal, state, provincial, county, municipal and local government’s regulatory fees, contribution fees, surcharges and other compliance fees accessed by such government entities on your iTalkBB Prime App Services. Independent third-party providers may charge regulatory and administrative fees, legal/intellectual property compliance charges, equipment maintenance and management fees, surcharges and access fees for services that iTalkBB Prime App Services is required to pay in order to enable your access to global public telecommunications networks, may assess network access fees in applicable markets. These charges may be assessed to you as a flat monthly fee, a percentage of your iTalkBB Prime App Services monthly service charges or both, and may change from time to time without notice. Such charges are in addition to your iTalkBB Prime App Services charges and will be charged to your account according to the plan or payment method you have selected. Applicable portions of such fees and charges are paid to governmental agencies, third parties or retained by iTalkBB to offset applicable costs associated with your subscription for iTalkBB Prime App Services.

What are my monthly recurring costs?

Your recurring monthly charges will include the monthly fee of the iTalkBB Prime App Services plan you have chosen, charges for the China Number, plus Applicable Regulatory/Compliance Fees and Charges, which will be collected with a flat $1.99 monthly fee and applicable sales taxes.

How are the Applicable Regulatory/Compliance Fees and Charges billed to the Customer?

Monthly Plan and Contract Plan: iTalkBB Prime App Services customers will be charged on monthly basis for plan fees. The $1.99 flat fee will appear as a separate item from service charges in the iTalkBB Prime App Services statement. However, it will only show the total of these two amounts in customer's credit card statement.

Annual Plan: Annual Plan customers are billed once annually and the $1.99 per month regulatory recovery fee is billed for the full 12 months at the time of billing for Annual Plan.

What are Telecommunications sales taxes?

In June 2018 the United States Supreme Court decided the case Wayfair vs. South Dakota. In that decision the Supreme Court changed the law and the new law requires online sellers, like Amazon, eBay, Wayfair, Etsy, and iTalkBB Prime App Services to collect sales taxes in most US States. iTalkBB is required to collect these sales taxes from you and pay them over to the appropriate taxing authority. iTalkBB will begin collecting and paying sales taxes to taxing authorities in certain states on December 1, 2018 for states that have made the new law effective by that date. iTalkBB will collect sales taxes from customers in other states as the new law becomes effective in those states.

Purchase of the Bundled Products

If Customer purchases iTalkBB Prime App Services and one or more other iTalkBB products/services (or products/services sold by iTalkBB) WITHIN A 24 HOUR PERIOD, the purchase is considered a “Bundled Purchase”. For all Bundled Purchases, the “Activation Date” for all products in the Bundle shall be the Activation Date for the first product/service in the Bundle to activate.

Master and Sub Accounts

When a Customer purchases any iTalkBB product/service (or product/service sold by iTalkBB), a Master Account will be established for that Customer. If the Customer purchases additional iTalkBB products/services a Sub Account will be established for each separate product/service.

Credits

Customer acknowledges and agrees that the iTalkBB Prime App Services are provided "as is, where is". No credit allowances shall be made for interruption of iTalkBB Prime App Services.

Promotions

iTalkBB Prime App Services may, in its sole discretion, from time to time offer promotions or discounts on fees. Customer must enter any promotion or discount codes upon initial purchase of the iTalkBB Prime App Services to take advantage of such discounts.

User Account Deletion

Users of the iTalkBB Prime App have the ability to delete their accounts in the iTalkBB Prime App at any time. If you have any (i) overdue Fees; (ii) pending payment; or (iii) remaining balance, you must PAY THE BALANCE FISRT BEFORE DELETING YOUR ACCOUNT IN THE ITALKBB PRIME APP.

You may continue to use the iTalkBB Prime App after deleting your account, but will lose the following features and functionalities after deletion:

a. You cannot log in, visit, use or reactivate your account;

b. The information, data, records, including historical record, device information and family group, under your account will be deleted by iTalk and cannot be recovered.

c. Your contact information, including name, user name, email, phone number and all other contact information, will be deleted by iTalkBB. Third party accounts, if any, that were associated with user’s account will be disconnected;

d. The Products and Services under your account will not be available to use. If there are any family members in the family group under your account, they cannot use the Products and Services after you delete your account

e. Your payments will not be refunded. You may be subject to a cancellation fee if you are still on your Initial Subscription Term.

f. All information about the user that was collected by iTalkBB prior to deletion of the account will be deleted, except as otherwise required by laws and regulations or national administrative, judicial, or law enforcement agencies.

Termination of Service

iTalkBB reserves the right to suspend or discontinue providing the iTalkBB Prime App Services or Customer's Service at any time in its sole discretion. If the iTalkBB Prime App Services is terminated by iTalkBB in its sole discretion and for any reason other than a breach or action of Customer, you will be liable for all charges accrued through the date of termination. If the iTalkBB Prime App Services is terminated as a result of a breach or other action of Customer, you will be liable for the entire month in which the termination occurs.

If you stop utilizing your iTalkBB Prime App Services or delete the iTalkBB Prime App from your cellular phone, you HAVE NOT CANCELLED OR TERMINATED YOUR ITALKBB PRIME APP SERVICES. IN ORDER TO TERMINATE YOUR ITALKBB PRIME APP SERVICES YOU MUST FOLLOW THE CANCELLATION PROCEDURES SET FORTH IN THESE TERMS AND CONDITIONS.

Changes to the Agreement, iTalkBB Prime App Services or Plan

iTalkBB reserves the right to change the Agreement, iTalkBB Prime App Services or Plan at any time ("Change"). Changes will be posted on iTalkBB's website thirty days before the effective date of the Change, Provided That, all changes to Toll Rates and International Rates shall be effective immediately when posted on the website. Notice is deemed received by Customer and Changes will be binding on Customer on the effective date of such Change. Customer is deemed to have accepted the Change(s) unless Customer terminates the iTalkBB Prime App Services prior to the effective date of the Change. If Customer elects to terminate the iTalkBB Prime App Services, Customer will be liable for all amounts due.

Technical Support

iTalkBB provides technical support for iTalkBB Prime App Services described in this Agreement during its normal business hours.

Limitation of Liability, Warranty and Indemnification

DISCLAIMER OF DAMGAES. ITALKBB SHALL NOT, IN ANY EVENT OR CIRCUMSTANCE, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, LOSS OF DATA OR CONTENT, OR ARISING OUT OF 911 OR OTHER EMERGENCY DIALING IN CONNECTIONS WITH CUSTOMER'S USE OF THE SERVICES PROVIDED UNDER THESE TERMS ANS CONDITIONS.

ITALKBB MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY ABOUT ITS SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OR IMPLIED WARRANTIES OF MECHANTABILITY OR FITNESS FOR A PARTICLUAR PURPOSE OR USE. ITALKBB HAS NOT AUTHORIZED ANY PERSON OR ENTITY TO MAKE WARRANTIES ON ITS BEHALF AND CUSTOMER MAY NOT RELY ON ANY STATEMENT AS A WARRANTY BY ITALKBB.

Liability

iTalkBB will not be liable for any failure of performance due to any causes beyond its control or for any power outage, internet interruption, and delay in installation, activation or commencement of iTalkBB Prime App Services. With respect to any other legal claim or dispute, iTalkBB's liability shall be limited to the lesser of actual damages or one thousand dollars $1,000. iTalkBB will not be liable for any act or omission by any other person or entity furnishing services or products related to the iTalkBB Prime App Services or for damages associated with service or equipment that iTalkBB does not provide.

Indemnification

Customer hereby agrees to indemnify and hold harmless iTalkBB and its officers, directors, shareholders and affiliates from and against any and all claims, damages and/or liability arising out of the iTalkBB Prime App Services , including, without limitation, claims for libel, slander, invasion of privacy or infringement of copyright arising out of material, data or information transmitted via the iTalkBB Prime App Services and claims arising out of any intentional act or omission by Customer or others authorized by Customer to use the iTalkBB Prime App Services.

Governing Law and Dispute Resolution

Governing Law

This Agreement shall be governed by the laws of the State of Texas without regard to conflict of law provisions of any other state or jurisdiction. Customer hereby consents to exclusive personal and subject matter jurisdiction of the courts of the State of Texas.

Mandatory and Binding Arbitration

All claims or disputes between Customer and iTalkBB arising in any way whatsoever out of the iTalkBB Prime App Services shall be resolved by binding and final arbitration by a single arbitrator. The American Arbitration Association shall administer the arbitration under the Commercial Arbitration Rules. The arbitration shall be conducted in Austin, Texas in English language. No arbitrator may award relief outside the limits set herein. Customer agrees that all claims shall be in Customer's individual capacity and that Customer will not commence or join any class or consolidate Customer's claim with the claims of any person or persons. Customer hereby waives any right to a jury trial.

Copyrights

All software utilized or provided by iTalkBB in connection with the iTalkBB Prime App Services shall be and at all times remain sole property of iTalkBB and are protected by all applicable intellectual property rights laws, including, without limitation, copyright laws and international treaties.

Force Majeure

iTalkBB shall not be liable for any delay in performance caused by acts of God, natural disasters, accidents, strikes, riots, war, government actions, equipment or power failures or any other cause beyond its control.

Assignment

Customer may not assign or transfer this Agreement or its obligations hereunder in whole or in part. iTalkBB may assign this Agreement at in time and in its sole discretion.

Entire Agreement

This Agreement constitutes the entire understanding and agreement between iTalkBB and Customer and supersedes all prior written or oral agreements related in any way to the subject matter hereof.

Ef Updated: February 28, 2025

© iTalk Global Communications, Inc., February 2025– All Rights Reserved

v.PR250202US


For Canada users

This agreement ("Agreement") is between iTalk Global Communications Inc. ("iTalkBB®") and an end user ("you" or "Customer") of iTalkBB Prime Mobile Application Services (“iTalkBB Prime™ APP Services”), the iTalkBB Prime App Services include iTalkBB’s proprietary mobile application (“iTalkBB Prime App”) and assignment to you of a local China telephone number (“China Number”). All iTalkBB Prime App Services are governed by the terms and conditions of this Agreement.

ADDITIONAL OR CONFLICTING TERMS AND CONDITIONS ON ANY DOCUMENT RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT ARE HEREBY REPLACED BY THIS AGREEMENT.

iTalkBB Prime App Services are specifically designed to offer unique and exclusive features that are available to users by access to proprietary software hosted by iTalkBB. These software as service (SaaS) features enable the customer to utilize a number of communication features not routinely available from telecommunications providers.

The rates and charges for the iTalkBB Prime App Services, which may be found at www.italkbb.ca, are effective as of January 15, 2022 and are subject to change. For your most current rates and charges, please see the most current version of this Agreement, or if you have questions about your services, please visit our website at www.italkbb.ca.

Term

Monthly Plan: Your monthly subscription to iTalkBB Prime App Services will continue and renew on a month-to-month basis until you cancel the service. The iTalkBB Prime Services will automatically renew unless Customer cancels the iTalkBB Prime App Service under the provisions of these Terms and Conditions.

“Contract Plan” (1 year term or longer): On or about the Anniversary Date of any Contract Plan the plan will be automatically renewed on a month-to-month by charging Customers credit card of record, unless, Customer cancels the iTalkBB Prime Service under the provisions of these Terms and Conditions. If Customer cancels a Contract Plan prior to the expiration of its term, Customer may be required to pay an Early Termination Fee.

IMPORTANT NOTICE REGARDING EMERGENCY SERVICES - 911 DIALING

ITALKBB PRIME APP SERVICES DO NOT INCLUDE ANY 911 EMERGENCY DIALING CAPABILITY. Your iTalkBB Prime App can be used only when downloaded to a smart mobile phone. All emergency dialing must be accomplished on your mobile smart phone exactly as you would if did not have the iTalkBB Prime App. Customer acknowledges that iTalkBB Prime App Services do not function with outdialing services including home security systems, medical monitoring equipment, fax machines or satellite television systems.

DISCLAIMER OF LIABILITY AND INDEMNIFICATION

iTalkBB Prime App Services, as described above, do not offer any 911 emergency dialing capability. All 911 emergency dialing must be done on your smart mobile phone. You, on your own behalf and on behalf of any third party, hereby agree to defend, indemnify and hold harmless iTalkBB, its officers, directors, employees and agents from and against any and all claims, losses, damages, fines, penalties, costs and expenses (including attorneys' fees) relating in any way to 911 emergency dialing or emergency response by emergency service personnel.

Incompatibility with Other Devices

You acknowledge that iTalkBB Prime App Services may not be compatible with all non-voice communications equipment, including without limitation, home security systems, TTY, medical monitoring equipment, certain versions of TIVo, satellite television systems, PBX, Centrex, other private telephone networks, or computer modems. You waive any claim against iTalkBB Prime App Services for interference with or disruption of these services and equipment, as well as any claim that iTalkBB Prime App Services is responsible for any disruption of your business, if applicable.

Activation, Trial Period and Cancellation Policies

Activation: Your iTalkBB Prime App Services are “Activated” when you subscribed for the services online, at an iTalkBB Service Store location or by calling iTalkBB Customer Service.

Monthly Plan Cancellation: Your iTalkBB Prime App Services are provided on a month-to-month basis, you may cancel at any time by contacting the iTalkBB Customer Service Cancellation Department at 1-877-482-5503. iTalkBB will cancel your services on the same day as you request.

Contract Plan Trial Period and Cancellation Policy: For Customers subscribing to a Contract Plan, iTalkBB offers a thirty (30) day trial period (Trial Period). The Trial Period commences on the Activation Date. Customer may terminate the iTalkBB Prime App Services during anytime of the Trial Period, without penalty, provided that, iTalkBB will not refund any Connection fee or service fees charged at subscription, if applicable. To cancel during the Trial Period, contact iTalkBB Customer Service at 1-877-482-5503.

China Pass Plan Cancellation: For Customers purchasing the China Pass Plan, there is no trial period. You will receive a 1-year valid iTalkBB Prime App account without auto-renewal. You may choose to extend your account for an additional year by purchasing a retention period for an extra charge. The retention period will be automatically renewed for another year on the anniversary of the retention period, with the corresponding charge. You may cancel your account at any time without incurring penalties, but no refund will be provided. To cancel your service, contact iTalkBB Customer Service Cancellation Department at 1-877-482-5503 NOT LESS THAN 24 HOURS PRIOR TO YOUR NEXT REGULAR BILLING DATE.

See Important Notice Regarding Trial Period Limitations Under the Heading Purchase of iTalkBB Products Bundled with Products Provided by Third-Parties below.

Contract Plan – Early Termination Fee: If Customer terminates the Contract Plan, prior to expiration of its term, after Activation Date and after expiration of Trial Period, iTalkBB shall charge an Early Termination Fee to Customer’s credit card in the amount of $99.00. iTalkBB will cancel your services on the same day as you request.

iTalkBB Prime App Services - Usage

iTalkBB Prime App Services Reasonable Residential Use Policy

iTalkBB Prime App Services has developed the following Reasonable Residential Use Policy to describe permissible uses of its service, and to prevent exploitation, fraud, and abuse of its unlimited calling plans and features. This policy is applicable to all iTalkBB Prime App Services.

Reasonable Residential Use

Customer acknowledges that he or she has purchased iTalkBB Prime App residential services for Customer's personal, residential, non-business and non-professional use.Personal, residential, non-business and non-professional use shall apply to all calls and text messages originated by Customer. Customer agrees that iTalkBB Prime App Services are intended for use by Customer on his or her mobile smart phone.

Impermissible Use(s)

Each of the following is considered to be outside normal residential use:

>business use of any type, including home office businesses

>operating a customer care, support or call center

>resale to others

>auto-dialing, text messages or fax/voice blasts

>telemarketing

>all other non-residential uses

Use of the iTalkBB Prime App: Monthly usage which is 30% higher than the average usage by iTalkBB Prime App residential customers is considered unusual and excessive usage and is subject to evaluation by iTalkBB. In addition, usage involving specific numbers called, average call durations, forwarding and transferring, conferencing and unusually short duration calling, constitute impermissible use(s) of iTalkBB Prime App Services.

Use of the China Number: iTalkBB has established Reasonable Residential Use for the China Number. Usage that exceeds: 3,000 China Number incoming minutes of use monthly, 300 China Number incoming calls monthly, or 20 China Number incoming calls on any day shall be considered outside of Reasonable Residential Use for the China Number.

To comply with regulation and policy in China, effective August 25, 2022, the following usage limits will be applied to your China Number incoming call service: (i) If you answer incoming calls on your China Number from 5 different numbers (20 if you are in China) within one day, all further incoming calls on your China Number will be blocked for the rest of that day; (ii) If you answer incoming calls on your China Number from 5 different numbers (20 if you are in China) on any two days within one billing month, your incoming call service on your China Number will be suspended for 30 days; (iii) If you answer incoming calls on your China Number from 20 different numbers (100 if you are in China) within one billing month, your incoming call service on your China Number will be suspended for 30 days; or (iv) If there are any two billing months of “Overuse” as describe in (ii) and (iii) above, your incoming call service on your China Number will be permanently suspended.

To comply with regulation and policy in China, effective August 25, 2022, the following usage limits will be applied to your China Number incoming call service: (i) If you receive incoming calls on your China Number from 5 different numbers within one day, all further incoming calls on your China Number will be blocked for the rest of that day;(ii) If you receive incoming calls on your China Number from 5 different numbers on any two days within one billing month, your incoming call service on your China Number will be suspended for 30 days; (iii) If you receive incoming calls on your China Number from 20 different numbers within one billing month, your incoming call service on your China Number will be suspended for 30 days; or (iv) If there are any two billing months of “Overuse” as describe in (ii) and (iii) above, your incoming call service on your China Number will be permanently suspended.

iTalkBB Actions for Abnormal, Unreasonable or Impermissible Usage

Based on these factors, iTalkBB may determine that abnormal, unreasonable or impermissible usage is occurring, and may take appropriate steps.
.Actions for impermissible calling: (1) suspend or terminate your service to enforce this Reasonable Residential Use Policy for calling; or (2) charge a per minute charge (not to exceed USD 0.02) for all calls exceeding the Reasonable Residential Use limits for calling; and
.Actions for impermissible texting: If a Customer sends outbound texting messages to more than 30 recipients within a single calendar day, OR exceeds 300 SMS/MMS messages in outbound texting while sending those messages to more than 30 recipients within a monthly billing cycle, iTalkBB may suspend or terminate your service to enforce this Reasonable Residential Use Policy for texting.
IMPORTANT NOTICE: SMS/MMS messages are limited to 140 English language characters or 70 Chinese language characters. If you exceed this limit, the additional characters will be counted as an additional SMS/MMS message. Please be advised that emojis or other symbols are generally counted as more than one character.

For Lawful and Appropriate Purposes Only

You may not use your iTalkBB Prime App Services in any way that is illegal, fraudulent, improper or inappropriate. You may not use any automated means to manipulate iTalkBB’s services or use iTalkBB’s services to violate any law, rule, regulation or any third party's intellectual property or personal rights.

iTalkBB's Enforcement of its Policies

iTalkBB reserves the right to review and evaluate all customer accounts and to take action if an account is outside of its Reasonable Residential Use Policy or involves impermissible, detrimental or unlawful use. iTalkBB may assess abnormal usage based on comparisons to the usage patterns and levels of our other customers. If any customer's use is determined by iTalkBB Prime Services, in its sole discretion, to be outside of its Reasonable Residential Use Policy, iTalkBB reserves the right to terminate service with or without notice. If any customer's use is determined to be unlawful, iTalkBB will immediately suspend or terminate the service with or without notice. iTalkBB will notify all proper authorities of any illegal use of iTalkBB's iTalkBB Prime App Services and will cooperate with all such authorities regarding investigation and prosecution. iTalkBB hereby reserves all of its legal rights.

Changes

iTalkBB reserves the right to change its Reasonable Residential Use Policy at any time without notice. Any such changes shall become effective when posted to iTalkBB's websites.

Call Recording Feature

The iTalkBB Prime App offers a call recording feature for use exclusively when all parties to the call are physically in the United States or Canada. The recording feature can be used by a call originator or a call receiver that is iTalkBB Prime App user (“Customer”). Customer can initiate a recording only when the call is in progress by selecting the Record Button. After selection the following pop-up message will be display on the Customer’s screen:

"Please note that Federal, States and Local laws can impose criminal charges and/or fines for recording conversations without consent of all parties on the call as set forth in the Terms & Conditions. By pressing CONTINUE, you agree that you understand and will abide the law governing call recording."

By using this feature, you agree that you have the consent of all parties on the call before proceeding. To stop the recording during the call, you may select STOP or hang up. The call will be recorded to your personal device. You are solely responsible for complying with all Federal, States and Local laws when using the recording feature (State and Local laws may vary by Jurisdictions). iTalkBB expressly disclaims all liability with respect to Customers call recording. Customer hereby releases and agrees to hold iTalkBB harmless from and against any damages or liabilities related to Customer’s call recording.

iTalkBB China Pass Plan

If you purchase the iTalkBB China Pass Service ("China Pass"), you will receive a 30-day Travel Data eSIM of your choice and an iTalkBB Prime App account with a 1-year validity period. For additional terms related to the Travel Data eSIM, please refer to the Travel Data SIM Card Service Terms and Conditions.

Upon purchasing the China Pass and activating your iTalkBB Prime account, you have the option to add a pair of U.S. and China phone numbers to your iTalkBB Prime App account for an additional charge. During the validity period of your iTalkBB Prime App account, if your Travel Data eSIM expires or runs out of data, you can repurchase the Travel Data eSIM and retain access to the same U.S. and China numbers originally assigned when you purchased the China Pass. However, if you do not add the U.S. and China numbers at the time of your initial China Pass purchase, you will not be able to add them later when repurchasing the Travel Data eSIM within your validity period. Additionally, once your Travel Data eSIM expires, the associated U.S. and China numbers will also become invalid. If you repurchase the Travel Data eSIM after it expire, you will be assigned a new set of numbers rather than retaining the original ones.

Upon the expiration of your iTalkBB Prime App account's 1-year validity period, you may choose to extend your account for an additional year by purchasing a retention period for an additional charge (“Retention Period”). If you do not contact iTalkBB to purchase the Retention Period before the first 1-year validity period of your China Pass expires, your account and all related features will become invalid upon expiration. Once you opt to purchase the Retention Period, we will automatically renew it for an additional year on the anniversary date, with the corresponding charge. You may cancel the Retention Period before it is renewed. Please refer to the Activation and Cancellation Policies section for further details.

Identity Verification

China Number

If you purchase a China Number, you must visit an iTalkBB Service Facility and present one of the following for identity verification: a United States Passport, a Canadian Passport, or a Chinese Resident Identity Card, in compliance with Chinese identity verification policies and regulations established by the China Government.

While at the iTalkBB Service Facility, you must upload the following through your phone for verification:

  • • A copy of your passport or Chinese Resident Identity Card
  • • A front-facing photo of yourself (must include the iTalkBB logo within the iTalkBB Service Facility)
  • • A photo of the physical SIM card (if applicable)

If you use a Chinese Resident Identity Card for verification, you will also need to complete a dynamic facial recognition process to match the photo on your ID.

If you use a passport for verification, you must upload a photo of yourself at an identifiable location in China through your iTalkBB Prime App after entering China. This step must be completed before finalizing the verification process and activating your China Number. You can find the locations of official iTalkBB Service Facilities at the following link: https://www.italkbb.ca/en/contact-us.html?stores

If you used a Chinese Passport for identity verification before August 12, 2022, you must visit an iTalkBB Service Facility to complete the updated identity verification process outlined above. Failure to do so will result in the suspension of your China Number Service due to regulatory requirements in China.

Hong Kong Number

If you purchase a Hong Kong Number, you are required to complete the Real-name Registration to comply with the Hong Kong Government’s regulations. Once your Hong Kong Number is activated, you will receive an email from iTalkBB, instructing you to complete the Real-Name Registration. The process involves filling out a form and uploading your ID through the link provided in the email. The ID accepted for the Real-name Registration include the Chinese Passport, Hong Kong Resident Identity Card, Macau Resident Identity Card, or Passport of any Non-Chinese Citizen.

Billing, Charges and Payment

Credit Card Payment.

Upon purchase, Customer must provide iTa>lkBB a valid credit card number from an accepted issuer (see iTalkBB's website for accepted issuers). Customer authorizes iTalkBB to charge the credit card number ("Credit Card") for all charges arising from Customer's use of the iTalkBB Prime App Services. Customer shall notify iTalkBB of any change to the Credit Card information including, without limitation, changes in account number, expiration date and billing address.

Invoicing

iTalkBB will provide Customer with a monthly on-line invoice for iTalkBB Prime App Services and bill all charges invoiced to Customer's account to the Credit Card. Charges shall include, monthly service fees, usage fees, toll charges, taxes, regulatory/regulatory recovery fees and all other applicable charges. Monthly service fees are paid in advance of each month's iTalkBB Prime App Services. Toll charges and other applicable charges are billed at the end of each service month. Billing for monthly service fees and other applicable charges commences upon Activation of iTalkBB Prime App Services, and the first month's monthly service fees will be prorated to take into account any partial month of iTalkBB Prime App Services.

Toll Charges

All calls to or from the iTalkBB Prime App using the iTalkBB Prime App Services that originates or terminates in the PSTN is subject to the then applicable toll charges that are associated with the service plan Customer has selected. All calls to destinations outside Canada and the United States to a party that is not an iTalkBB Prime App Services Customer will be charged at the then-current international rates published on iTalkBB's website, unless such international calls are part of your calling plan. The duration of each call will be calculated in one-minute increments.

Telephone Numbers

Any telephone number provided to Customer by iTalkBB Prime App Services shall be leased and not sold. Customer may not use such number with any other device other than the iTalkBB Prime App with the express prior written consent of iTalkBB Prime App Services. iTalkBB reserves the right to change, cancel or move the number in its sole discretion.

China Numbers

New iTalkBB Prime App Services subscribers will be assigned a China Number. The charge for the China Numbers is in addition to the iTalkBB Prime App Services Calling Plan the subscriber chooses. The China Numbers Service is a month-to-month service paid one month in advance and you may cancel at any time prior to your monthly billing date. Your friends and families in China may contact you on the China Numbers and pay only local call charges in China. If you are an iTalkBB Prime App Services user, you may receive and reply text messages on the China Numbers. iTalkBB Prime App Services users can only receive incoming calls on their China Number if the user is physically located in the United States or Canada at the time when the incoming call occurs.

PLEASE SEE REASONABLE RESIDENTIAL USE POLICY FOR CHINA NUMBERS IN ITALKBB PRIME APP SERVICES - USAGE ABOVE.

The availability of the China Number is subject to and dependent upon the network facilities and regulatory environment in China. iTalkBB cannot guarantee connection to any China Number from all cities and regions in China. iTalkBB may have a limited number of China Number for some or all regions of China and cannot guarantee number availability at all times. iTalkBB further cannot guarantee uninterrupted service on China Number.

China Number Identity Verification

If you purchase a China Number online or by telephone, you must visit an iTalkBB Service Facility and provide your United States or Canadian Passport. No longer accept a Chinese Passport or the Chinese Resident Identity Card for Identity Verification.

The iTalkBB Service Facility staff will upload your ID for verification. In addition, starting on February 22, 2023, while at the iTalkBB Service Facility, the staff will record a short video of you to ensure that the video image matches the photo on your passport. You may review the locations of the official iTalkBB Service Facilities on the following link: https://www.italkbb.ca/en/contact-us.html?stores

If you have uploaded your Chinese Passport or Chinese Resident Identity Card for identity verification before August 12, 2022, you must visit the iTalkBB Service Facility to complete the upload of your passport and the video process. If you do not do so, iTalkBB will suspend your China Number Service due to regulations and policies originating in China.

Billing Disputes

Customer must dispute any charges for the iTalkBB Prime App Services within thirty (30) days of receipt of the monthly on-line invoice. Customer understands and agrees that Customer's failure to dispute any charges with the thirty (30) day time period constitutes a waiver of all claims to any dispute.

Late Payment - Non-Payment.

If any charges for iTalkBB Prime App Services are due but unpaid for any reason including, without limitation, non-payment or declined Credit Card charges, iTalkBB may suspend or terminate the iTalkBB Prime App Services and all accrued charges shall immediately be due and payable, to include a late fee of the lesser of 1.5% monthly or the maximum allowed by law. If charges cannot be processed to the Credit Card, Customer will be charged a fee of ten dollars ($10.00). Neither suspension nor termination shall relieve Customer from the obligation to pay all amounts owing under this Agreement.

Automatic Renewal of iTalkBB Prime App Services.

Monthly Plan: Your monthly iTalkBB Prime App Services will automatically be renewed each month unless and until you cancel your iTalkBB Prime App Services using the Cancellation Policies described above.

Contract Plan: On or about the Anniversary Date of any Contract Plan the plan will be automatically renewed on a month-to-month basis by charging Customers credit card of record, unless, Customer provides iTalkBB notice of Customer's desire to cancel service or change to a different calling plan or payment plan.

Applicable Regulatory Fees, Surcharges, System Access Charges, and Intellectual Property/Legal Compliance Fees.

Federal, state, provincial, county, municipal and local governments may assess regulatory fees, contribution fees, surcharges and other compliance fees on your Monthly or Contract Plan iTalkBB Prime App Services. Independent third-party providers may charge regulatory and administrative fees, legal/intellectual property compliance charges, surcharges and access fees for services that iTalkBB is required to pay in order to enable your access to global public telecommunications networks. iTalkBB Prime App Services may assess network access fees in applicable markets. These charges may be assessed to you as a flat monthly fee, a percentage of your iTalkBB Prime App services monthly charges or both, and may change from time to time without notice. You are responsible for all such fees and charges, now in force or enacted in the future, that arise from your subscription for iTalkBB Prime App Services. Such charges are in addition to your iTalkBB Prime App Services charges and will be charged to your account according to the plan or payment method you have selected. Applicable portions of such fees and charges are paid to governmental agencies, third parties or retained by iTalkBB to offset applicable costs associated with your subscription for iTalkBB Prime App Services. No such fees or charges shall be included in any refund under this Agreement.

These fees and charges do not include applicable provincial, city or special district sales taxes. All applicable sales taxes are added to your monthly billing (see FAQs below). iTalkBB collects these sales taxes from you and pays them over to the appropriate taxing authority.

Canada New Tax Rules

New PST Rules in British Columbia

The British Columbia government has announced that non-Canadian companies providing telecommunication services are required to register and collect 7% Provincial Sales Tax (PST) starting April 1, 2021. In the past, iTalkBB has been considered a Non-Resident and not required to collect sales tax in British Columbia. Under the new law, Non-Resident companies that are selling in Canada are required to Register and Collect and Pay sales taxes to British Columbia taxing authorities beginning April 1, 2021.

New Federal GST/HST Rules

Due to a recent change in Canada’s tax law, the Federal GST/HST will start to apply to your iTalkBB Services cost. The Applicable GST/HST rate varies by province. You will see this on you next bill effective July 1, 2021.

FAQs:

What is the Applicable Regulatory/Compliance Fees and Charges?

The iTalkBB Prime App Services Applicable Regulatory/Compliance Fees and Charges is an additional charge over and above the basic fee for your iTalkBB Prime App Services. iTalkBB uses this fee to pay our regulatory-related fees and expenses, including federal, provincial and local telecommunications regulatory fees and charges, access charges for publicly switched networks, intellectual property and network confidentiality charges, number portability charges, and related legal and administrative fees. It is $1.99 per phone number per month.

How much is the iTalkBB Service Applicable Regulatory/Compliance Fees and Charges?

It is $1.99 per phone number per month.

What fees are included in the "Applicable Regulatory/Compliance Fees and Charges"?

Applicable Regulatory/Compliance Fees and Charges include Federal, state, provincial, county, municipal and local government’s regulatory fees, contribution fees, surcharges and other compliance fees accessed by such government entities on your iTalkBB Prime App Services. Independent third-party providers may charge regulatory and administrative fees, legal/intellectual property compliance charges, equipment maintenance and management fees, surcharges and access fees for services that iTalkBB Prime App Services is required to pay in order to enable your access to global public telecommunications networks, may assess network access fees in applicable markets. These charges may be assessed to you as a flat monthly fee, a percentage of your iTalkBB Prime App Services monthly service charges or both, and may change from time to time without notice. Such charges are in addition to your iTalkBB Prime App Services charges and will be charged to your account according to the plan or payment method you have selected. Applicable portions of such fees and charges are paid to governmental agencies, third parties or retained by iTalkBB to offset applicable costs associated with your subscription for iTalkBB Prime App Services.

What are my monthly recurring costs?

Your recurring monthly charges will include the monthly fee of the iTalkBB Prime App Services plan you have chosen, charges for the China Number, plus Applicable Regulatory/Compliance Fees and Charges, which will be collected with a flat $1.99 monthly fee.

How are the Applicable Regulatory/Compliance Fees and Charges billed to the Customer?

iTalkBB Prime App Services customers will be charged on monthly basis for plan fees. The $1.99 flat fee will appear as a separate item from service charges in the iTalkBB Prime App Services statement. However, it will only show the total of these two amounts in customer's credit card statement.

Purchase of Bundled iTalkBB Products

If Customer purchases iTalkBB Prime Services and one or more other iTalkBB products/services (or products/services sold by iTalkBB) WITHIN A 24 HOUR PERIOD, the purchase is considered a “Bundled Purchase”. For all Bundled Purchases, the “Activation Date” for all products in the Bundle shall be the Activation Date for the first product/service in the Bundle to activate.

Purchase of iTalkBB Products Bundled with Products Provided by Third-Parties

If Customer purchases iTalkBB products/services IN A BUNDLE WITH PRODUCTS PROVIDED BY A THIRD-PARTY PROVIDER, no Trial Period is available on any iTalkBB product included in that bundle.

Master and Sub Accounts

When a Customer purchases any iTalkBB product/service (or product/service sold by iTalkBB), a Master Account will be established for that Customer. If the Customer purchases additional iTalkBB products/services a Sub Account will be established for each separate products/services.

Credits

Customer acknowledges and agrees that the iTalkBB Prime App Services are provided "as is, where is". No credit allowances shall be made for interruption of iTalkBB Prime App Services.

Promotions

iTalkBB Prime App Services may, in its sole discretion, from time to time offer promotions or discounts on fees. Customer must enter any promotion or discount codes upon initial purchase of the iTalkBB Prime App Services to take advantage of such discounts.

User Account Deletion

Users of the iTalkBB Prime App have the ability to delete their accounts in the iTalkBB Prime App at any time. If you have any (i) overdue Fees; (ii) pending payment; or (iii) remaining balance, you must PAY THE BALANCE FISRT BEFORE DELETING YOUR ACCOUNT IN THE ITALKBB PRIME APP.

You may continue to use the iTalkBB Prime App after deleting your account, but will lose the following features and functionalities after deletion:

a. You cannot log in, visit, use or reactivate your account;

b. The information, data, records, including historical record, device information and family group, under your account will be deleted by iTalk and cannot be recovered.

c. Your contact information, including name, user name, email, phone number and all other contact information, will be deleted by iTalkBB. Third party accounts, if any, that were associated with user’s account will be disconnected;

d. The Products and Services under your account will not be available to use. If there are any family members in the family group under your account, they cannot use the Products and Services after you delete your account

e. Your payments will not be refunded. You may be subject to a cancellation fee if you are still on your Initial Subscription Term.

f. All information about the user that was collected by iTalkBB prior to deletion of the account will be deleted, except as otherwise required by laws and regulations or national administrative, judicial, or law enforcement agencies.

Termination of Service

iTalkBB reserves the right to suspend or discontinue providing the iTalkBB Prime App Services or Customer's Service at any time in its sole discretion. If the iTalkBB Prime App Services is terminated by iTalkBB in its sole discretion and for any reason other than a breach or action of Customer, you will be liable for all charges accrued through the date of termination. If the iTalkBB Prime App Services is terminated as a result of a breach or other action of Customer, you will be liable for the entire month in which the termination occurs.

If you stop utilizing your iTalkBB Prime App Services or delete the iTalkBB Prime App from you cellular phone, you HAVE NOT CANCELLED OR TERMINATED YOUR ITALKBB PRIME APP SERVICES. IN ORDER TO TERMINATE YOUR ITALKBB PRIME APP SERVICES YOU MUST FOLLOW THE CANCELLATION PROCEDURES SET FORTH IN THESE TERMS AND CONDITIONS.

Changes to the Agreement, iTalkBB Prime Services or Plan

iTalkBB reserves the right to change the Agreement, iTalkBB Prime App Services or Plan at any time ("Change"). Changes will be posted on iTalkBB's website thirty days before the effective date of the Change, Provided That, all changes to Toll Rates and International Rates shall be effective immediately when posted on the website. Notice is deemed received by Customer and Changes will be binding on Customer on the effective date of such Change. Customer is deemed to have accepted the Change(s) unless Customer terminates the iTalkBB Prime App Services prior to the effective date of the Change. If Customer elects to terminate the iTalkBB Prime App Services, Customer will be liable for all amounts due.

Technical Support

iTalkBB provides technical support for iTalkBB Prime App Services described in this Agreement during its normal business hours.

Limitation of Liability, Warranty and Indemnification

DISCLAIMER OF DAMGAES. ITALKBB SHALL NOT, IN ANY EVENT OR CIRCUMSTANCE, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, LOSS OF DATA OR CONTENT, OR ARISING OUT OF 911 OR OTHER EMERGENCY DIALING IN CONNECTIONS WITH CUSTOMER'S USE OF THE SERVICES PROVIDED UNDER THESE TERMS ANS CONDITIONS.

ITALKBB MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY ABOUT ITS SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OR IMPLIED WARRANTIES OF MECHANTABILITY OR FITNESS FOR A PARTICLUAR PURPOSE OR USE. ITALKBB HAS NOT AUTHORIZED ANY PERSON OR ENTITY TO MAKE WARRANTIES ON ITS BEHALF AND CUSTOMER MAY NOT RELY ON ANY STATEMENT AS A WARRANTY BY ITALKBB.

Liability

iTalkBB will not be liable for any failure of performance due to any causes beyond its control or for any power outage, internet interruption, and delay in installation, activation or commencement of iTalkBB Prime App Services. With respect to any other legal claim or dispute, iTalkBB's liability shall be limited to the lesser of actual damages or one thousand dollars $1,000. iTalkBB will not be liable for any act or omission by any other person or entity furnishing services or products related to the iTalkBB Prime App Services or for damages associated with service or equipment that iTalkBB does not provide.

Indemnification

Customer hereby agrees to indemnify and hold harmless iTalkBB and its officers, directors, shareholders and affiliates from and against any and all claims, damages and/or liability arising out of the iTalkBB Prime App Services , including, without limitation, claims for libel, slander, invasion of privacy or infringement of copyright arising out of material, data or information transmitted via the iTalkBB Prime App Services and claims arising out of any intentional act or omission by Customer or others authorized by Customer to use the iTalkBB Prime App Services.

Governing Law and Dispute Resolution

Governing Law

This Agreement shall be governed by the laws of Canada without regard to conflict of law provisions of any other state or jurisdiction. Customer hereby consents to exclusive personal and subject matter jurisdiction of the courts of Canada.

Mandatory and Binding Arbitration.

All claims or disputes between Customer and iTalkBB arising in any way whatsoever out of the iTalkBB Prime App Services shall be resolved by binding and final arbitration by a single arbitrator. The Canada Arbitration Association shall administer the arbitration under the Commercial Arbitration Rules. The arbitration shall be conducted in Ontario, Canada in English language. No arbitrator may award relief outside the limits set herein. Customer agrees that all claims shall be in Customer's individual capacity and that Customer will not commence or join any class or consolidate Customer's claim with the claims of any person or persons. Customer hereby waives any right to a jury trial.

Copyrights

All software utilized or provided by iTalkBB in connection with the iTalkBB Prime App Services shall be and at all times remain sole property of iTalkBB and are protected by all applicable intellectual property rights laws, including, without limitation, copyright laws and international treaties.

Force Majeure

iTalkBB shall not be liable for any delay in performance caused by acts of God, natural disasters, accidents, strikes, riots, war, government actions, equipment or power failures or any other cause beyond its control.

Assignment

Customer may not assign or transfer this Agreement or its obligations hereunder in whole or in part. iTalkBB may assign this Agreement at in time and in its sole discretion.

Entire Agreement

This Agreement constitutes the entire understanding and agreement between iTalkBB and Customer and supersedes all prior written or oral agreements related in any way to the subject matter hereof.

Ef Updated: February 28, 2025

© iTalk Global Communications, Inc., February 20252 – All Rights Reserved

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