1. Introduction and Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and MOBITECH LABS S.R.L. ("CheckMobi", "we", "us", "our"), a company incorporated under the laws of Romania, regarding your access to and use of the CheckMobi website at https://checkmobi.com and the CheckMobi cloud platform, APIs, SDKs, and related services (collectively, the "CheckMobi Platform" or "Services").

BY CREATING AN ACCOUNT OR ACCESSING OR USING THE CHECKMOBI PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY AND ACCEPTABLE USE POLICY, WHICH ARE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE PLATFORM.

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that case, "you" and "your" refer to that entity.

2. Description of Services

CheckMobi provides a communications platform as a service (CPaaS) that enables developers and businesses to integrate phone number verification and validation capabilities into their applications via our REST API. Our Services include:

• SMS OTP / Verification: sending one-time passwords to mobile numbers via SMS;
• IVR Call Verification: delivering verification codes via automated voice calls;
• Missed Call Verification: phone number verification via missed call detection;
• HLR/MNP Number Lookup: real-time querying of mobile number status and operator information;
• REST API and Developer Platform: programmatic access to all of the above services.

CheckMobi reserves the right to add, modify, or discontinue any Service at any time. We will use reasonable efforts to provide advance notice of material changes.

3. Eligibility and Account Registration

To use the CheckMobi Platform, you must be at least 18 years of age. By registering, you confirm that you meet this requirement. If you are under 18, you must have the written consent of a parent or legal guardian.

When creating an account, you agree to:

• provide accurate, current, and complete registration information;
• maintain and promptly update your information to keep it accurate;
• keep your account credentials (username, password, and API keys) confidential;
• not share your account with any other person or entity;
• notify us immediately at support@checkmobi.com of any unauthorised use of your account.

You are solely responsible for all activity that occurs under your account, including activity carried out by third parties using your credentials. CheckMobi is not liable for any loss arising from your failure to maintain the security of your account.

CheckMobi reserves the right to suspend or terminate accounts where registration information is found to be false, inaccurate, or outdated.

4. Updates to These Terms

We may modify these Terms from time to time. The "Last Updated" date at the top of this document indicates when the most recent changes were made. We will provide reasonable notice of material changes — typically via email or a notice within your account dashboard — at least 14 days before they take effect. Your continued use of the Platform after the effective date of updated Terms constitutes your acceptance of the changes. If you do not agree, you must stop using the Platform and may terminate your account.

5. Intellectual Property

5.1 CheckMobi's IP

All materials on the CheckMobi website and Platform — including but not limited to design, graphics, text, software, APIs, code, data, documentation, logos, and trademarks (collectively, "Materials") — are owned by or licensed to MOBITECH LABS S.R.L. and are protected by Romanian and international intellectual property laws. All rights not expressly granted herein are reserved.

Subject to your compliance with these Terms, CheckMobi grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform and Materials solely for the purpose of integrating the Services into your own applications.

You may not copy, reproduce, distribute, modify, decompile, reverse engineer, disassemble, or create derivative works of any part of the CheckMobi Platform without our prior written consent.

5.2 Your Applications and Content

You retain ownership of any applications you develop using the CheckMobi API ("your Apps") and any content you submit to or generate through the Platform ("your Content"). By using the Platform, you grant CheckMobi a limited licence to process your Content solely to the extent necessary to deliver the Services.

You acknowledge that CheckMobi may change, update, or deprecate API endpoints or features from time to time, and it is your responsibility to ensure your Apps remain compatible with the then-current API. We will endeavour to give reasonable advance notice of breaking changes.

5.3 No Brand Endorsement

CheckMobi will not use your trade name, trademarks, logos, or domain names for advertising or promotional purposes without your prior written consent. However, you hereby grant CheckMobi a non-exclusive, royalty-free license to include your company name and logo in CheckMobi's public list of customers, on its website.

5.4 Third-Party Trademarks

Certain product and company names referenced on the Platform may be trademarks of their respective owners. Such references do not imply any affiliation with or endorsement by those trademark holders.

6. API Access and Your Applications

You may build applications and services that interface with the CheckMobi API ("Apps"), subject to these Terms and our Acceptable Use Policy. You are solely responsible for:

• the development, operation, maintenance, and legal compliance of your Apps;
• ensuring your Apps and their use comply with all applicable laws and regulations in the jurisdictions where they operate;
• all API calls made using your credentials, including those made in error;
• informing your end users about the use of phone verification services and obtaining any necessary consents.

You must protect your API keys and security credentials. All API activity conducted using your keys is deemed to be your activity, with all associated consequences, including potential account suspension or termination.

7. Term and Termination

7.1 Term

These Terms commence on the date you create an account or first access the Platform and remain in effect until terminated.

7.2 Termination by You

You may close your account and terminate these Terms at any time from your dedicated account section or by contacting support@checkmobi.com. Termination does not entitle you to a refund of any unused prepaid credit or fees paid, except where required by applicable consumer protection law.

7.3 Suspension or Termination by CheckMobi

We may suspend or terminate your access to the Platform immediately and without prior notice if:

• you breach any provision of these Terms or our Acceptable Use Policy;
• we detect unusual or fraudulent traffic patterns associated with your account;
• you fail to pay any fees when due or your payment method is invalid;
• continued provision of services to you becomes prohibited by applicable law or regulation;
• you become the subject of insolvency or bankruptcy proceedings.

We may also terminate or discontinue the Platform or any Service with 30 days' written notice for any other reason.

Upon termination: (i) your access to the Platform ceases immediately; (ii) you remain liable for all outstanding fees and charges; (iii) provisions of these Terms that by their nature should survive termination will do so, including Intellectual Property, Fees, Disclaimers and Limitations of Liability, Indemnification, and Governing Law.

8. Fees and Payment

8.1 Subscription and Prepaid Credit

Access to the CheckMobi Platform is available under subscription plans (billed monthly or annually) and/or prepaid credit for usage-based services (SMS, IVR calls, MNP/HLR lookups). Current pricing is available at https://checkmobi.com/pricing. CheckMobi reserves the right to change pricing anytime.

8.2 Free Trial

CheckMobi may offer a free trial plan to new users. Free trial accounts are limited to 1 $ testing credit and a limited number of Missed Call validations. Creating multiple free trial accounts is prohibited and may result in suspension. CheckMobi may set and enforce limits on free plan usage and may terminate free access without notice upon reaching plan limits.

8.3 Payment Methods

Payment is accepted via credit or debit card (processed by Stripe, Inc.) and bank wire transfer. By providing payment details, you authorise CheckMobi to charge you for the Services selected. All fees are exclusive of applicable taxes, including Romanian VAT or any other applicable value-added taxes, which will be added where required by law. If you are VAT-registered in another EU country, please provide your valid VAT number so we may apply the reverse charge mechanism where applicable.

8.4 Stripe

We use Stripe for payment processing. Stripe collects and processes payment information in accordance with its own privacy policy, available at https://stripe.com/privacy. We do not store full credit or debit card numbers.

8.5 Non-Payment and Withholding

All fees are due without setoff, counterclaim, or deduction. If any withholding is required by applicable law, you must notify us and pay such additional amounts as are necessary to ensure we receive the full amount due.

8.6 Disputes

If you dispute any charge, please contact us at support@checkmobi.com within 30 days of the date the charge appears on your invoice or account. We will investigate and work to resolve the dispute. Refunds, where applicable, will be issued as account credits. We do not issue cash refunds unless required by applicable law.

9. Service Availability and SLA

CheckMobi strives to provide a reliable Platform and aims to achieve a Service Level Availability of 99.9% uptime (excluding scheduled maintenance). However, we do not guarantee uninterrupted service. The Platform may be unavailable due to:

• unscheduled outages, power failures, or system failures;
• denial-of-service attacks or other security incidents;
• circumstances beyond our reasonable control (force majeure).

CheckMobi is not liable for any damages or losses arising from Platform unavailability below this target. We will post updates regarding significant outages and restoration of services at https://checkmobi.com or via email.

10. Content and Data Responsibility

You are solely responsible for all content, data, and communications transmitted through the Platform using your account. You represent and warrant that:

• you have all necessary rights, licences, consents, and permissions to use and transmit your Content;
• your Content and Apps do not infringe any third-party intellectual property, privacy, or publicity rights;
• your use of the Platform complies with all applicable laws;
• your end users have provided appropriate consent to receive verification messages where required by law.

CheckMobi is not responsible for the content of messages transmitted through the Platform by users.

11. Third-Party Websites and Services

The Platform may contain links to third-party websites or services. These links are provided for convenience only. CheckMobi does not control, endorse, or assume responsibility for the content or privacy practices of any third-party website. You access third-party sites at your own risk.

12. Representations and Warranties

You represent and warrant that:

• you have the legal authority to enter into these Terms, either personally or on behalf of the entity you represent;
• your use of the Platform will comply with these Terms, our Acceptable Use Policy, and all applicable laws and regulations;
• you will not use the Platform in any jurisdiction where its use is prohibited by law.

You understand that CheckMobi may need to change telephone numbers assigned to you and that we are not liable for any consequences of such changes.

13. Disclaimers

THE CHECKMOBI PLATFORM AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE OR RELIABLE.

Some jurisdictions do not permit the exclusion of certain warranties. To the extent such exclusions are not permitted by applicable law (including mandatory consumer protection provisions under Romanian or EU law), they shall not apply to you, and your rights under applicable law are preserved.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CHECKMOBI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND SERVICE PROVIDERS (THE "CHECKMOBI PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, THE TOTAL AGGREGATE LIABILITY OF THE CHECKMOBI PARTIES TO YOU FOR ALL CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO CHECKMOBI IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms limits or excludes CheckMobi's liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable Romanian or EU law.

15. Indemnification

You agree to indemnify, defend, and hold harmless the CheckMobi Parties from and against any claims, damages, losses, penalties, fines, costs, and expenses (including reasonable legal fees) arising from or related to: (i) your use of the Platform; (ii) your Apps or Content; (iii) your breach of these Terms or the Acceptable Use Policy; (iv) your violation of any applicable law or regulation; or (v) your infringement of any third-party rights. CheckMobi reserves the right to assume control of the defence of any such matter at its own expense, in which case you agree to cooperate fully with our defence.

16. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms or your use of the CheckMobi Platform shall be subject to the exclusive jurisdiction of the competent courts of Bucharest, Romania.

If you are a consumer resident in the European Union, you may also be entitled to bring proceedings before the courts of your country of habitual residence, and to use the EU Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr.

17. Copyright Infringement Notices

If you believe that content on the CheckMobi Platform infringes your copyright, please notify us in writing at support@checkmobi.com with the following information:

• your name and contact information (address, email, telephone);
• identification of the copyrighted work you claim has been infringed;
• identification of the allegedly infringing material and its location on the Platform;
• a statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent, or the law;
• a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on their behalf.

We will investigate valid notices and may remove or disable access to the relevant content and take appropriate action against the responsible user.

18. Customer Support and Complaints

For support, questions, or to report a violation of these Terms, you may contact us at:

• Email: support@checkmobi.com
• Contact form: https://checkmobi.com/contact

When contacting support, please provide the email address associated with your CheckMobi account. We do not respond to anonymous support requests. We aim to respond within two business days of receiving your request and will keep you informed of progress on any complaint.

19. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and CheckMobi regarding your use of the Platform and supersede all prior agreements.
• Severability: If any provision of these Terms is found to be unlawful or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.
• Waiver: Failure by CheckMobi to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
• No Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations freely.
• Limitation Period: Any claim you have arising out of or related to these Terms must be brought within one (1) year of the date the cause of action arose.
• Language: These Terms are provided in English. In the event of any conflict between translated versions, the English version shall prevail.