Terms of Service

01 Agreement to Terms

By accessing or using the MOBITELSMS platform, website, or any associated services, you agree to be bound by these Terms of Service ("Terms") and all policies incorporated by reference, including the Acceptable Use Policy and Privacy Policy. If you do not agree to these Terms, you may not access or use the platform.

These Terms constitute a legally binding agreement between you (the "Customer") and MOBITELSMS Ltd. ("MOBITELSMS", "we", "us", "the Company"). They are effective as of 1 January 2026.

02 Platform Description

MOBITELSMS provides carrier-grade telecom infrastructure services on a software-as-a-service basis, including but not limited to:

• SMS and SMPP messaging infrastructure (A2P, P2P, bulk campaigns)
• VoIP and SIP routing with real-time AAA billing
• RCS rich communication services
• Mobile core infrastructure (2G HLR/AuC, 4G LTE EPC, 5G Standalone Core)
• Protocol interconnect engines (SS7, Diameter, SCTP)
• STIR/SHAKEN caller authentication and 10DLC campaign compliance
• Number intelligence services (ENUM, LNP, MNP)

Services are provided under the tier plan selected at signup or as modified by a subsequent order or written agreement. Specific service levels, capacities, and feature entitlements are determined by the applicable plan schedule.

03 Account Registration

To access the platform you must register an account. By registering, you represent and warrant that:

• You are either a legal entity or an individual authorised to bind a legal entity to these Terms.
• You will use a corporate or business email address. Consumer email domains (such as gmail.com, yahoo.com) are not accepted.
• All registration information you provide is accurate, current, and complete.
• You will maintain and promptly update your account information to keep it accurate.
• You hold, and will maintain in good standing, any telecom licences, carrier authorisations, or regulatory approvals required to use the platform in your jurisdiction.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at legal@mobitelsms.com of any unauthorised access.

04 Acceptable Use

Your use of the platform is subject to our Acceptable Use Policy ("AUP"), which is incorporated into these Terms by reference. Key obligations include:

• You may not resell, sublicence, or grant third parties access to the platform without a separate written Reseller Agreement with MOBITELSMS.
• You may not use the platform to transmit spam, fraudulent communications, illegal content, or any traffic that violates applicable laws or regulations.
• All A2P SMS traffic to US numbers must be registered via The Campaign Registry (TCR) in compliance with CTIA 10DLC requirements.
• All outbound voice traffic must comply with STIR/SHAKEN attestation requirements.

Violations of the AUP may result in immediate traffic suspension or account termination without prior notice.

05 Payment Terms

Platform services are billed monthly in advance based on your selected plan. The following payment terms apply:

• Invoices are issued at the start of each billing period. Payment is due within 14 days of the invoice date.
• Usage-based charges (e.g. overage, API calls beyond plan limits) are billed in arrears at the end of each calendar month.
• Late payment incurs interest at the rate of 1.5% per month (or the maximum rate permitted by applicable law, whichever is lower), accruing daily from the due date.
• We reserve the right to suspend platform access for any account with outstanding invoices more than 7 days overdue, following written notice.
• All fees are exclusive of applicable taxes. You are responsible for all sales tax, VAT, GST, or similar taxes in your jurisdiction.

06 Service Levels

MOBITELSMS targets a monthly uptime of 99.9% for core messaging and voice services, measured as a percentage of total minutes in a calendar month, excluding scheduled maintenance windows (announced with at least 48 hours notice).

• If monthly uptime falls below 99.9%, you may be eligible for service credits per the SLA schedule published in the customer portal.
• Credits are applied to future invoices and are your sole remedy for SLA failures.
• The SLA does not apply to outages caused by factors outside our reasonable control, including third-party network failures, force majeure events, or misuse by you.

Scheduled maintenance is performed during low-traffic windows. We will use commercially reasonable efforts to minimise disruption.

07 Data and Privacy

You retain full ownership of your data, including routing configurations, customer records, and CDRs generated by your traffic. We act as a data processor with respect to any personal data you upload or that flows through the platform.

• CDR data is available for retrieval via API for up to 90 days following generation. Extended retention (up to 7 years) requires the CDR Archive add-on.
• We process personal data in accordance with our Privacy Policy.
• On account termination, your data will be retained for 30 days to allow for export, then securely deleted.

You are responsible for ensuring you have appropriate authority to process any personal data you route through the platform, and for compliance with applicable data protection laws in your jurisdiction.

08 Intellectual Property

All intellectual property rights in the MOBITELSMS platform — including the software, architecture, documentation, branding, and user interface — are and remain the exclusive property of MOBITELSMS Ltd. and its licensors. Nothing in these Terms transfers any ownership of our IP to you.

• You retain all intellectual property rights in your routing configurations, custom dial plans, customer data, and content you generate using the platform.
• You grant MOBITELSMS a limited, non-exclusive licence to process your data and configurations solely to provide the contracted services.
• You may not reverse-engineer, decompile, copy, or create derivative works of any part of the platform software.

09 Limitation of Liability

To the maximum extent permitted by applicable law:

• Our total aggregate liability to you for any claims arising under or in connection with these Terms is limited to the total fees paid by you to MOBITELSMS in the three calendar months immediately preceding the event giving rise to the claim.
• We are not liable for any indirect, consequential, special, incidental, or punitive damages, including loss of revenue, loss of profit, loss of data, or business interruption, whether arising in contract, tort, or otherwise, even if advised of the possibility of such damages.
• These limitations apply regardless of the cause or basis of liability.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

10 Termination

Either party may terminate these Terms and the associated services by giving 30 days' written notice to the other party.

• We may terminate your account immediately, without prior notice, in the event of a material breach of these Terms or the AUP, non-payment of invoices after the cure period, insolvency proceedings, or where continued service would expose us to legal or regulatory risk.
• Upon termination you must immediately cease all use of the platform. Any prepaid fees for unused service periods are non-refundable except where required by law.
• Provisions that by their nature should survive termination (including payment obligations, IP rights, limitation of liability, and governing law) will survive.

11 Governing Law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and Wales.

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms. Nothing in this clause prevents either party from seeking urgent interim injunctive relief in any competent jurisdiction.

12 Changes to These Terms

We may update these Terms from time to time to reflect changes in our services, pricing, applicable law, or for other operational reasons. Material changes will be communicated by email to the registered account holder at least 30 days before they take effect. Continued use of the platform after the effective date of the updated Terms constitutes your acceptance. If you do not agree to the revised Terms, you must stop using the platform and may terminate your account with notice.

13 Contact

For legal enquiries, contract questions, or notices under these Terms:

legal@mobitelsms.com

MOBITELSMS Ltd.
Legal Department
legal@mobitelsms.com