1. Purpose and Scope

This Acceptable Use Policy ("AUP") sets out the rules governing permissible and prohibited use of the CheckMobi Platform, including our website (https://checkmobi.com), REST API, SMS OTP, IVR call verification, Missed call verification, MNP/HLR number lookup services, and all related tools and infrastructure (collectively, the "Services"), provided by MOBITECH LABS S.R.L. ("CheckMobi", "we", "us").

This AUP is incorporated by reference into and forms part of our Terms of Service. By accessing or using the Services, you agree to comply with this AUP. If you provide the Services to your own customers or end users (as a platform integrator or reseller), you are also responsible for ensuring their compliance with this AUP and must incorporate its requirements into your own terms and conditions.

Violation of this AUP may result in immediate suspension or termination of your account and your liability for any fines, penalties, or costs incurred by CheckMobi as a result of your non-compliance.

2. General Obligation to Use Services Lawfully

You agree to use the Services only for lawful purposes and in accordance with all applicable local, national, and international laws and regulations, including but not limited to:

• Romanian telecommunications law and ANCOM (National Authority for Management and Regulation in Communications) regulations;
• EU electronic communications law, including the European Electronic Communications Code (EECC);
• The General Data Protection Regulation (GDPR) and the Romanian Data Protection Law (Legea nr. 190/2018);
• The EU ePrivacy Directive (2002/58/EC) and applicable national implementations regarding unsolicited communications and consent;
• All applicable laws in the jurisdictions where your end users are located.

You are solely responsible for determining whether the Services are appropriate and lawful for your use case in each jurisdiction where you operate.

3. Permitted Uses

The Services are designed for legitimate business and developer use cases, including but not limited to:

• Identity & Security: Delivering one-time passwords (OTPs) for multi-factor authentication (MFA), verifying phone number ownership, and protecting platforms from fraudulent registrations.
• Programmable Communications: Sending and receiving legitimate SMS and Voice communications for transactional or informational purposes.
• Data Intelligence: Performing HLR (Home Location Register) and MNP (Mobile Number Portability) lookups to validate network status, reachability, and routing information for phone numbers.
• Fraud Prevention: Utilizing CheckMobi data and tools to identify and mitigate platform abuse.
• Consented Communication: Any other legitimate use of communication or verification services where end users have provided the necessary consent to receive such messages or calls in compliance with applicable laws.

4. Prohibited Conduct

The following conduct is strictly prohibited when using the CheckMobi Services:

4.1 Illegal and Harmful Activities

• Using the Services to facilitate any activity that is illegal under applicable law;
• Transmitting, posting, or communicating any content that is defamatory, harassing, threatening, abusive, obscene, hateful, discriminatory, or otherwise harmful;
• Engaging in or facilitating fraud, impersonation, identity theft, or phishing;
• Using the Services in connection with narcotics, controlled substances, firearms, ammunition, counterfeit goods, or other prohibited items;
• Using the Services to generate, distribute, or facilitate child sexual abuse material (CSAM) or any content that exploits or harms minors.

4.2 Spam and Unsolicited Communications

• Sending unsolicited commercial messages (spam) via SMS, voice call, or any other channel;
• Sending verification messages to recipients who have not initiated or consented to receive them;
• Ignoring or circumventing opt-out requests from message recipients;
• Harvesting phone numbers or other personal data from any source without the express consent of the individuals concerned;

4.3 Fraudulent and Deceptive Practices

• Misrepresenting the identity of a caller or sender, including by spoofing caller ID;
• Using the Services to bypass phone identification or anti-fraud systems, including on classified advertising platforms or social networks;
• Creating false or misleading account registrations, or using false identities;
• Engaging in International Revenue Share Fraud (IRSF), traffic pumping, or any other telecommunications fraud scheme;
• Using the Services to exploit premium-rate numbers or revenue-sharing arrangements with carriers.

4.4 Security and Infrastructure Abuse

• Probing, scanning, or testing the vulnerability of the CheckMobi Platform or any connected system or network;
• Attempting to bypass, circumvent, or disable any security or authentication mechanism;
• Accessing or attempting to access non-public areas of the Platform, our infrastructure, or our providers' systems;
• Forging TCP/IP packet headers, email headers, or any other source-identifying information;
• Sending a virus, worm, Trojan, or any malicious code through the Services;
• Conducting denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks;
• Attempting to reverse engineer, decompile, or disassemble the CheckMobi Platform or API;
• Exceeding API rate limits, spamming API endpoints, or otherwise creating an undue burden on our infrastructure.

4.5 Intellectual Property Infringement

• Transmitting any content that infringes the copyright, trademark, patent, trade secret, or other intellectual property rights of any third party;
• Using CheckMobi's name, logos, trademarks, or branding in any way not expressly authorised by these Terms.

4.6 Emergency Services

Using the Services to connect end users to emergency services (such as 112 in Europe or 911 in the United States) or public safety answering points. The CheckMobi Platform is not designed or certified for emergency use and must not be used for this purpose.

4.7 Regulatory Non-Compliance

• Failing to comply with applicable telecommunications regulations, carrier guidelines, or messaging industry standards;
• Using the Services in high-risk countries or regions where your use is prohibited by applicable sanctions, embargoes, or export control laws without ensuring full compliance with those restrictions;
• Engaging in automated or predictive (robo-) dialling of end users without the legally required prior written consent;
• Failing to implement and honour opt-out mechanisms where required by applicable law.

5. Platform Integrators and Resellers

If you use the CheckMobi Services to build a platform or application that your own customers or end users access (as an independent software vendor, reseller, or integrator), you must:

• Incorporate the requirements of this AUP into your own terms and conditions and privacy policy;
• Take reasonable steps to ensure your customers and end users comply with this AUP;
• Promptly investigate and address any AUP violations by your customers or end users upon becoming aware of them;
• Cooperate with CheckMobi in any investigation of suspected AUP violations originating from your platform;
• Ensure that all SMS or voice communications originating through your platform comply with the consent and opt-out requirements applicable in the jurisdiction of your end users.

CheckMobi may hold you accountable for the conduct of your end users where you have failed to take reasonable steps to prevent or address AUP violations.

6. Traffic Quality and Carrier Compliance

You agree to maintain high traffic quality standards and to comply with the policies and guidelines of the telecommunications operators and carriers whose networks are used to deliver the Services. Specifically:

• You will not generate or permit artificial, inflated, or fraudulent traffic;
• You will maintain complaint rates, spam rates, and delivery failure rates within industry-standard acceptable thresholds;
• You will cooperate fully with CheckMobi and any competent traceback authority in the investigation of suspected fraudulent or abusive calling patterns, including providing information about any third-party end users if lawfully requested;
• You will segregate and identify any traffic that may not comply with carrier requirements.

7. Geographic Restrictions

You are responsible for configuring your use of the Services in compliance with geographic restrictions applicable to your use case. You should enable geo-permissions in your account settings to block service in countries or regions where you do not operate or where local regulations prohibit the type of communication you are sending. You must not use the Services to communicate with recipients in jurisdictions where such communications are unlawful or where you are subject to sanctions or export restrictions.

8. Enforcement and Consequences

CheckMobi monitors use of the Services for compliance with this AUP and reserves the right, in its sole discretion, to:

• Investigate any suspected violation of this AUP;
• Suspend or terminate your access to the Services, with or without prior notice, where a violation is suspected or confirmed;
• Remove or block any content or communication transmitted through the Services that violates this AUP;
• Report suspected criminal or regulatory violations to the appropriate law enforcement or regulatory authorities;
• Cooperate with law enforcement investigations and disclose information about your account and usage where required by law or court order.

You will be liable for all fines, penalties, surcharges, and costs imposed on CheckMobi by any telecommunications operator, government body, or regulatory authority as a direct result of your or your end users' violations of this AUP.

9. Reporting Abuse

If you become aware of any use of the CheckMobi Services that violates this AUP, we encourage you to report it promptly to support@checkmobi.com. Please provide as much detail as possible, including the nature of the abuse, relevant phone numbers, timestamps, and any supporting evidence.

10. Updates to This Policy

We may update this AUP from time to time to reflect changes in our Services, applicable law, or industry standards. 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. Your continued use of the Services after changes take effect constitutes your acceptance of the updated AUP.

11. Contact

For questions about this AUP or to report a violation, please contact:

• Email: support@checkmobi.com
• Contact form: https://checkmobi.com/contact
• Postal address: MOBITECH LABS S.R.L., Soseaua Stefan Cel Mare Nr. 24, CAMERA 1, Bl. 24B, Scara A, Etaj 6, Ap. 35, Bucuresti Sector 2, Romania, Postal Code: 020143