SMART PREPAID GSM SERVICE TERMS AND CONDITIONS

By using the SMART Prepaid GSM Service (“Service” or “Prepaid Service”) offered by Smart Communications, Inc. (“SMART”), the Subscriber agrees to the following terms and conditions of Service (“Terms”):

1. The SMART Prepaid Global System for Mobile Communications (“GSM”) Service is designed to work only if the Subscriber has the following:
   • a SMART Prepaid GSM Subscriber Identity Module (“SIM”) whether physical or digital (“eSIM”), (each, a “SMART Prepaid SIM”);
   • terminal equipment/unit including, but not limited to, mobile phones, smart phones, tablets, portable hotspots, etc. which shall be of a type approved by SMART (the "Device"); and
   • airtime value loaded into the Subscriber’s SMART Prepaid account
2. All new SMART Prepaid Subscribers shall, consistent with their obligation under the SIM Registration Act, be required to register their SIMs either through (i) SMART’s designated online portal (“SIM Registration Portal”) accessible via the following link: https://smart.com.ph/simreg or (ii) through assisted channels via SMART retail stores located nationwide, as a pre-requisite to the activation thereof and in accordance with the requirements of Republic Act No. 11934 otherwise known as the "Subscriber Identity Module 'SIM' Registration Act" and its Implementing Rules and Regulations set out in NTC Memorandum Circular No. 001-12-2022 (hereafter, the "SIM Registration Act").
   
   Failure to comply with the SIM Registration Terms shall result in the automatic deactivation of the SIM and the imposition of any applicable charges and/or fees.
   
   All SMART Prepaid Subscribers using the SMART Prepaid Multi SIM (“Multi SIM”) are required to undergo SIM Registration for both the Multi SIM and each of the associated eSIMs linked to the Multi SIM. The SMART Prepaid Multi SIM is a physical SIM card which, when inserted into a non eSIM-capable Android (version 9 and above) handset, allows the Subscriber to carry and use local and international eSIM profiles.
   
   THE MULTI SIM AND EACH OF THE ASSOCIATED ESIMS MUST BE REGISTERED UNDER THE NAME OF A SINGLE OWNER.
3. The Subscriber acknowledges that the selling price of the Multi SIM is solely for the default profile and that the addition of an eSIM profile will require a separate purchase.
4. The Subscriber acknowledges that the Multi SIM can carry up to five (5) eSIM profiles only. The addition of eSIM profiles under the Multi SIM and the management of such profiles will only work using the SMART Multi SIM App.
5. The Subscriber acknowledges that only one SIM profile (i.e., SMART Prepaid SIM whether physical or eSIM, TNT eSIM, local non-SMART eSIM, or international eSIM) under the Multi SIM can be active at a single time. To switch SIM profiles, the Subscriber must enable or disable the SIM through the SMART Multi SIM App. In the event that the Multi SIM is transferred to a different device, the last SIM profile enabled will serve as the default profile. Once the SMART Multi SIM App is downloaded and installed on another device, the Subscriber will be able to access all the associated eSIMs under the Multi SIM. To learn more about the SMART Multi SIM App, please visit https://smart.com.ph/Corporate/terms/multisim.
6. The Subscriber acknowledges that the eSIMs linked to the Multi SIM work independently from the Multi SIM in such a way that if the Multi SIM were to be deactivated or disconnected from the network, the Subscriber would still be able to use the Multi SIM App and any of its associated eSIMs
7. The SMART Prepaid SIM and Data, Call and Text Cards are neither refundable nor redeemable for cash, either in part or in full.
8. All terminal equipment/unit connected to or used in conjunction with the SMART telecommunication networks shall be of a type approved by SMART. SMART does not by this Terms cover any representation or warranty for any telecommunications and related equipment, including, but not limited to, mobile phones, smart phones, tablets, portable hotspots, etc.
9. The SMART Prepaid SIM cannot be used with Devices which are:
   • SIM-locked to networks other than SMART; or
   • blacklisted by SMART due to theft, loss, non-payment or other reasons.
   SMART reserves the right to SIM-lock Devices as part of the SMART
   
   Prepaid Phone Kit for use only of its own services. A SMART Prepaid Phone Kit, availed from SMART, is qualified to be unlocked only after twenty (24) months from date of purchase by providing a valid official receipt and the Device’s IMEI number. Full details for unlocking a SMART Prepaid Phone Kit can be found in SMART’s website.
10. The Subscriber acknowledges that the performance of the SMART Prepaid SIM which the Subscriber may experience will depend on the type of device used, network signal detected, network congestion and traffic, device connectivity and intensity of usage, number and type of connected devices, network management policies (including traffic prioritization and throttling), compliance with SMART’s Fair Use Policy (FUP), weather conditions (such as extreme temperatures, storms, or humidity), Device’s firmware and software versions, and compatibility and capability of connected user devices.
11. The SMART Prepaid Service requires for its use, reload of airtime value through the SMART App, SMART Online Store, SMART or TNT Data, Call and Text Card, SMART Load or PasaLoad. After airtime value is loaded into the Subscriber’s SMART Prepaid account, such value shall be valid for a specific period of time as indicated at the time of purchase or loading, as the case may be. Any unloaded SMART or TNT Data, Call and Text Card shall expire on the date shown at the reverse portion of the card. It shall be the Subscriber’s responsibility to be informed of the validity and the specific terms and conditions of any load package loaded or purchased.
12. The Subscriber’s SMART Prepaid SIM will be PERMANENTLY DISCONNECTED: (1) if the Subscriber fails to comply with the SIM Registration Terms; (2) if the SIM remains unactivated or unused until the indicated expiry date (i) written on the packaging of SMART Prepaid SIM or (ii) indicated in the email or SMS notification for eSIM, or (2) if the activated SIM card has zero load balance for at least one hundred twenty (120) consecutive days.
13. Permanently disconnected SMART Prepaid accounts will not be reconnected, and mobile identification numbers (“MINs”) associated with the disconnected SMART Prepaid account cannot be reacquired. A new SMART Prepaid SIM must be purchased to continue availing of the Prepaid Service. SMART shall not be held responsible to replace any permanently disconnected SMART Prepaid account.
    
    To avoid getting disconnected and to continue using the SMART Prepaid Service, the Subscriber must top up his/her prepaid account with any regular load amount (e.g. eLoad 50, TicketLoad15, Call and Text Card 100).
14. Permanently disconnected SMART Prepaid MINs will be recycled after 180 days from date of disconnection. In cases where Subscriber purchased a new SIM with a recycled MIN already registered to certain mobile applications (i.e. banking, shopping, messaging, or social media applications), the Subscriber shall request for the updating of the registered profile directly with these third party applications, SMART shall not be responsible or liable and is not authorized to store and update information owned and maintained by these third-party applications.
15. Subscriber is allowed only up to five (5) attempts per calendar day to correctly load a value of the SMART Data, Call and Text Card. Otherwise, the Subscriber will have to wait for the next day (12:00 midnight) to correctly load the SMART Data, Call and Text Card. To avoid getting disconnected and to continue using the SMART Prepaid Service, the Subscriber must top up his/her prepaid account with any regular load amount (e.g. eLoad 50, TicketLoad15, Call and Text Card 100).
16. All outgoing calls and text messages will be charged based on prevailing tariff rates, plus all applicable toll charges and taxes. The use of the SMART Prepaid Service (including, but not limited to, calls to wrong numbers, fax tones, answering machines, subscriptions to and availments of value-added services) shall be the Subscriber’s sole responsibility regardless of who actually made the calls, sent the text messages, or availed of the value-added services.
17. The security and care of the SMART GSM Device, SMART Prepaid SIM, any eSIMs associated with the SMART Prepaid Multi SIM, and SMART Data, Call and Text Card and the confidential codes (PIN1, PIN2, PUK1 and PUK2) shall be the Subscriber’s full responsibility. SMART has no obligation to answer inquiries regarding these confidential codes. Furthermore, SMART is under no obligation to provide call details or itemized bills for calls and text messages made or received using the SMART Prepaid Service.
18. The SMART Prepaid SIMs, SMART Data, Call and Text Cards, SMART Prepaid Phone Kits and any airtime values are non-refundable in the event of loss, theft, or damage due to misuse, mishandling or neglect.
    • The SMART Prepaid SIM found inherently defective (with damaged SIM bed) will be replaced within seven (7) days from date of purchase.
    • SMART Prepaid SIMs which are lost, or damaged due to misuse, mishandling or neglect of the Subscriber or any person are replaceable with cost to the Subscriber via processing in Smart Retail Stores, provided that the Subscriber is able to provide official documents proving his/her ownership of the SMART SIM to be replaced.
    • Inherently defective SMART Prepaid Load Cards (no PIN, incomplete PIN, unclear numbers) can be replaced only if there has been no prior usage of the card.
    • Inherently defective GSM handsets of the SMART Prepaid Phone Kits can be replaced within fifteen (15) days from date of purchase. All replacements due to defects are subject to the investigation and validation of SMART’s Customer Care upon presentation of required documents.
19. SMART’s liability for the loss or damage caused by defects in the performance or non-performance of the SMART Prepaid Service, shall be limited to a credit in the Subscriber’s favor for the amount paid for the SMART Prepaid SIM, or SMART Prepaid load. SMART shall not be liable for any failure of the SMART Prepaid Service or for any loss, damage, theft, and misuse of the SMART Prepaid SIM, SMART Data, Call and Text Card, or any GSM handset used as part of the SMART Prepaid Service.
    
    Replacement of SMART Prepaid SIM Card or eSIM which are lost, damaged, defective or due to device upgrade may be requested through any SMART Retail Store and other available SMART channels, subject to payment of the applicable fees.
20. Except as otherwise provided herein, SMART does not expressly or impliedly warrant the condition or merchantability of the information or communication services provided through the SMART Prepaid Service for any particular use or purpose. All information and translations are provided on an “AS IS” basis.
21. If the Subscriber, or any other person, at the sole discretion of SMART, is found to use the Service for any unlawful, illicit, abusive and/or fraudulent purpose or activities, or is found to use abusive and/or indecent language to other subscribers or SMART’S staff and partners, SMART reserves the right to disconnect the Service and/or refuse to reconnect the Subscriber. The Company also reserves the right to file the appropriate legal action against the erring Subscriber or person/s concerned.
    
    The Service is intended for personal use only. The Subscriber shall not engage in the following activities (collectively, the “Unauthorized Activities”):
    • Any commercial use of the Service, including, but not limited to, (a) reselling, redistributing, or sublicensing of the Service or any portion thereof; (b) providing the Service or access to the Service to third parties for a fee or other consideration; (c) using the Service to operate or facilitate a business, service, or platform that generates revenue from third-party utilization; and (d) using the Service to provide internet access, data services, or related services to others without the prior express written consent of SMART;
    • Utilization of the Service in bypassing or in activities that tend to bypass the SMART network, charging and/or traffic routing;
    • Use of the Service in prohibited services like callback, dial back, unauthorized audio text, international and national simple resale (ISR/NISR), international revenue share fraud (IRSF), premium rate service (PRS) fraud, internet fraud, hacking, SMS spamming, SMS flooding, SMS hoax, and other similar services; or
    • Tampering, altering, modification, or unauthorized programming of the SIM card or its digital reference.
    • Use of SMART SIM cards with unauthorized types of devices apart from the intended hardware (i.e., mobile phones, smart phones, or tablets, portable hotspots). For example, SIM cards must not be inserted in fixed routers. Otherwise, SMART reserves the right to temporarily suspend or terminate its service without prior notice;
    • Abusive use of data services;
    • Activities that are considered unlawful by the laws of the Republic of the Philippines;
    • Obstruction or penetration, or attempts to obstruct or penetrate the security of any entity’s network or systems such as malicious software (e.g., Trojan horses, worms, spyware, etc.), denial of service attacks, spam emails, etc.;
    • Excessive contribution to network congestion, which results to disruption of other subscribers’ access to the network and diminishes network performance; or
    • Use of high bandwidth applications and services like operation of servers, web broadcasting, and the like;
    Any unauthorized use of the Service that directly or indirectly results in financial gain through the utilization of third parties is strictly prohibited. If SMART determines, in its sole discretion, that the Subscriber is engaging in any of the aforementioned Unauthorized Activities, SMART reserves the right to take necessary actions including, but not limited to, the following:
    
    • implement network management practices to improve its service, to reduce network congestion, and/or to adapt to technological advancements;
    • downgrade Subscriber’s data speed in case of excessive usage at any point;
    • obtain and monitor Subscriber’s usage information through reasonable and legal methods; and/or
    • immediately disconnect, interrupt, or terminate the Subscriber’s data services without prior notice and without refund.
    Factors considered in the determination of whether the Subscriber has engaged or is continuously engaging in any of the Unauthorized Activities, may include, but are not limited to, excessive data usage, multiple simultaneous connections, and evidence of reselling or providing the Service to others for profit.
22. The Subscriber shall likewise be liable to SMART for any and all compensation fee on account of any of the above Unauthorized Activities. The compensation fee is payable, without any limitation from the time the Unauthorized Activity occurred until the actual cessation thereof. A penalty equivalent to one hundred fifty percent (150%) of the computed revenue losses shall be charged against the Subscriber if proven accountable for such Unauthorized Activity. For this purpose, SMART has the right to full access to the relevant books and all other records of the Subscriber in order to ascertain the volume of traffic and total amount of compensation fee payable. In the absence of said record, SMART shall have the sole discretion in the determination of the bypass compensation. In addition to the Unauthorized Activities referred to above, the Subscriber undertakes not to use the Service for any activity that is contrary to morals and public policy or which violates any ordinance, law, decree, order, regulation or treaty (the “Illegal Activities”). The Subscriber agrees to indemnify and hold SMART free and harmless from any liability, suit, or damage arising from or connected with the Subscriber’s Unauthorized and/or Illegal Activities. The Subscriber further authorizes SMART to supply any and all information requested by any law enforcement or government agency/ies, or other private entities, the latter within the limits provided for by law, relative to the Subscriber’s subscription to the Service. In which case, the Subscriber hereby irrevocably and unconditionally waives any and all its relevant remedies under the law, including but not limited to the right to claim damages.
23. SMART shall not be liable for any loss, costs, compensation, damage or liability to the Subscriber or any third party arising directly or indirectly out of or in connection with the provision or use of the Service including, without prejudice to the generality of the foregoing, any loss, costs, compensation, damage or liability to the Subscriber or third parties caused by:
    • any delay, interruption, or termination of the Service, whether caused by administrative error, technical, mechanical, electrical, or electronic fault or difficulty or any other reason or circumstances beyond SMART's control (including, but not limited to, acts of God, strike, labor disputes, fire, disturbance, action of government, atmospheric conditions, lightning, interference or damage by third parties or any change in legislation);
    • any inaccuracy or omission, lack of clarity, interference in, misdirection or destruction of any information transmitted to or from the Subscriber howsoever caused;
    • theft or unauthorized use of the SIM Card or eSIM, or any loss, costs, damages, or compensation incurred by or payable to any third party by the Subscriber; or
    • transmission or non-transmission of any illegal, false, misleading, derogatory, libelous, obscene or vulgar messages or information.
24. SMART is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, technical problems of the phone or of any phone network, or any combination thereof, including any injury or damage to users or any other person’s phone related to or resulting from participation in or sending or receiving of any communication of any materials in this Service.
25. In using the Service, the Subscriber shall not commit any act in contravention of Republic Act No. 11930 or the ‘Anti-Online Sexual Abuse or Exploitation of Children and Anti-Child Sexual Abuse or Exploitation Materials Act’ (“RA No. 11930”), including but not limited to the following: (a) participating, in whatever way, in the creation or production of any form of Online Sexual Abuse or Exploitation of Children (“OSAEC”) and Child Sexual Abuse or Exploitation Materials (“CSAEM”); (b) selling, distributing exhibiting and/or advertising, by any means, any form of CSAEM; (c) publishing, transmitting and/or broadcasting, by any means, any form of CSAEM; (d) streaming and/or live-streaming acts of, or any form of OSAEC and CSAEM.
    
    SMART has the right to (a) implement controls to automatically detect and block access to and/or remove or take down content, internet address, uniform resource locator (URL), websites, applications or content/s which has CSAEM or content in contravention of RA No. 11930; (b) preserve all Subscriber’s registration information and traffic data in its control and possession and/or maintain logs of each and every Subscriber and the Internet Protocol (IP) Address assigned to each and every Subscriber at a given date and time in compliance with RA No. 11930; and (c) upon subpoena, request or instruction of competent authority, (i) provide to the requesting government agency, regulatory or governmental body, the Subscriber’s registration information and/or traffic data of any Subscriber who: (1) gained or attempted to gain access to an internet site, internet asset or internet application which contains any form of CSAEM; or (2) facilitated the violations of RA No. 11930; or (3) conducted the streaming or live-streaming of child sexual exploitation or (ii) otherwise report to the requesting government agency, regulatory or governmental body, the internet address or websites blocked, removed or taken down by SMART, or any form of unusual data activity by a Subscriber using the Service and any and all information that may or is required to be reported in accordance with RA No. 11930.
    
    The Subscriber acknowledges and agrees that SMART may in its discretion, delay or dispense with notification to the Subscriber, (a) where such Subscriber is stated or identified to be a suspected offender of an act of OSAEC in an ongoing criminal investigation, or (b) the fact of the existence of a subpoena, warrant, court order, or other governmental request directing SMART to disclose information about said Subscriber for the purposes of the criminal investigation.
    
    The Subscriber agrees to abide by all applicable laws relating to the use of the Service. Violations will be deemed adequate grounds for the termination of this Agreement, discontinuance of the Service and the imposition of pre-termination fees, when applicable.
26. SMART may collect, use, and disclose personal information as set forth in the SMART Prepaid Privacy Notice (https://smart.com.ph/Corporate/privacy/prepaid).
27. By using the Service, the user expressly releases and agrees to keep SMART indemnified from any claim, cost, demand, tax, liability or damage suffered or incurred by SMART or its directors, employees or agents, arising directly or indirectly out of entry into the Service.
28. Content (including, but not limited to, information, communications, software, images and sounds contained on or available through the Service) is provided by SMART, its content providers and or third-party licensors. The intellectual property rights to or over the information or media contained in the content belong to SMART, its content providers and/or third-party licensors. All rights are reserved. The contents of the Service cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical photocopying or recording. Without prejudice to the foregoing, the Subscriber agrees that the material and content contained within or available through the Service may not be used for commercial purposes or distributed commercially.
29. These Terms and Conditions shall be in effect from the date of purchase of products related to the SMART Prepaid Service.
30. SMART reserves the right at its absolute discretion to modify, delete or add to any of these Terms at any time without further notice. It is the Subscriber’s responsibility to regularly check any changes to these Terms available in SMART’s website. The Subscriber’s continued use of the Service after any such changes constitutes acceptance of the new Terms.
31. These Terms shall be construed in accordance with Philippine law, including matters on enforcement and performance. All suits involving the SMART Prepaid Service shall be filed with the proper courts in Makati City, Metro Manila, Philippines only.
32. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall continue to be enforced. You agree that these Terms and all incorporated agreements may be automatically assigned by SMART in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or other users does not waive our right to act with respect to subsequent or similar breaches. These Terms set forth the entire understanding and agreement between the Subscriber and SMART with respect to the subject matter hereof. Sections 23 & 24 (Exclusions and Limitations of Liability), and 27 (Release and Indemnity) shall survive any termination or expiration of these Terms, or your use of the SMART Prepaid GSM Service.
33. These Terms are the entire agreement between the Subscriber and SMART and supersede any prior understandings or agreements (written or oral).

Last updated on October 2, 2025