Terms and Conditions

Introduction
These terms and conditions and the documents referred and linked to below (the “Terms”) set out the basis upon which the website operated under the URL mobilesms.io (the “Website”) and its related or connected services (collectively, the “Service”) will be provided to you. Please read these Terms very carefully as they form a binding legal agreement between you – our customer (the “Customer”) – and us. By opening an account (the “Account”) and using the Service you agree to be bound by these Terms, together with any amendment which may be published from time to time. If anything is not clear to you please contact us using the contact details below.

General Terms
We reserve the right to amend the Terms (including to any documents referred and linked to below) at any time. When such amendment is not substantial, we may not provide you with prior notice. You will be notified in advance for material changes to the Terms and may require you to re-confirm acceptance to the updated terms before the changes come into effect. If you object to any such changes, you must immediately stop using the Service and the termination provisions below will apply. Continued use of the Service indicates your agreement to be bound by such changes.

Usage of Service
You agree that at all times when using the Service:

    • You are over 18 years of age (or over the age of majority as stipulated in the laws of the jurisdiction applicable to you) and can enter into a binding legal agreement with us.
    • You are not using this service to commit any acts that are prohibited or are illegal in your country or jurisdiction, including but not limited to:
      • in any way that breaches any applicable law or regulations,
      • in any way that is unlawful or fraudulent, or has unlawful or fraudulent purpose or effect,
      • for the purpose of harming or attempting to harm any individual in any way,
      • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam),
      • to create liability for us in any way; or in any way that causes us to lose (in whole or in part) the services of our ISPs or other suppliers, and
      • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    • You are are not depositing funds from a source that you are not the legal custodian of or are otherwise unauthorized to use.
Privacy
    • Any information provided to us by you will be protected and processed in strict accordance with these Terms and our Privacy Policy.
    • We will not reveal the identity of any person who places bets using the Service unless the information is lawfully required by competent authorities such as Regulators, the Police (e.g. to investigate fraud, money laundering or sports integrity issues), or by Financial Entities such as banks or payment suppliers or as permitted from time to time pursuant to the Privacy Policy.
    • Upon registration your information are stored in our database. This means that your personal information may be transferred outside the European Economic Area (EEA) to jurisdictions that may not provide the same level of protection and security as applied within the EU or EEA. By agreeing to these Terms you agree to the transfer of your personal information for the purpose of the provision of the Service object of this agreement and as further detailed in our Privacy Policy.
Deposit of Funds
    • You may deposit funds into your Account by any of the methods set out on our Website. All deposits are made in USD, regardless of the payment method where an exchange rate maybe applied by one of our payment processors.
    • Please note that we reserve the right at our discretion to charge fees or a fee in the event of irregular transaction behavior.
    • MobileSMS.io is not a financial institution and uses a third party electronic payment processors to process credit and debit card deposits; they are not processed directly by us. If you deposit funds by either a credit card or a debit card, your Account will only be credited if we receive approval notice from the payment issuing institution. If your card’s issuer gives no such authorisation, your Account will not be credited with those funds.
    • We are not a financial institution and you will not be entitled to any interest on any outstanding account balances and any interest accrued on the client accounts will be paid to us.
    • Funds originating from ill-gotten means must not be deposited with us.
Payment Transactions and Processors
    • You are fully responsible for paying all monies owed to us. You must make all payments to us in good faith and not attempt to reverse a payment made or take any action which will cause such payment to be reversed by a third party in order to avoid a liability legitimately incurred. You will reimburse us for any charge-backs, denial or reversal of payment you make and any loss suffered by us as a consequence thereof.
    • We reserve the right to use third party electronic payment processors and or merchant banks to process payments made by you and you agree to be bound by their terms and conditions providing they are made aware to you and those terms do not conflict with these Terms.
    • MobileSMS.io is not a financial institution and uses a third party electronic payment processors to process credit and debit card deposits; they are not processed directly by us. If you deposit funds by either a credit card or a debit card, your Account will only be credited if we receive approval notice from the payment issuing institution. If your card’s issuer gives no such authorisation, your Account will not be credited with those funds.
    • All transactions made on our site might be checked to prevent money laundering or terrorism financing activity. Suspicious transactions will be reported to the relevant authority depending on the jurisdiction governing the transaction.
Communications
    • All communications and notices to be given under these Terms by you to us shall be sent to [email protected]
    • All communications and notices to be given under these Terms by us to you shall, unless otherwise specified in these Terms, be either posted on the Website and/or sent to the Registered Email Address we hold on our system for the relevant Customer. The method of such communication shall be in our sole and exclusive discretion.
    • All communications and notices to be given under these Terms by either you or us shall be in writing in the English language.
Events Beyond Our Control
We cannot be held liable for any failure or delay in providing the Service due to an event of Force Majeure which could reasonably be considered to be outside our control despite our execution of reasonable preventative measures such as: an act of God; trade or labour dispute; power cut; act, failure or omission of any government or authority; obstruction or failure of telecommunication services; or any other delay or failure caused by a third party, and we will not be liable for any resulting loss or damage that you may suffer. In such an event, we reserve the right to cancel or suspend the Service without incurring any liability.

Disclaimers
MOBILESMS.IO DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. MOBILESMS.IO CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. MOBILESMS.IO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOBILESMS.IO DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY MOBILESMS.IO SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MOBILESMS.IO FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

MobileSMS.io reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Fraud
We will seek criminal and contractual sanctions against any Customer involved in fraud, dishonesty or criminal acts. We will withhold payment to any Customer where any of these are suspected. The Customer shall indemnify and shall be liable to pay to us on demand, all costs, charges or losses sustained or incurred by us (including any direct, indirect or consequential losses, loss of profit, loss of business and loss of reputation) arising directly or indirectly from the Customer’s fraud, dishonesty or criminal act.

External Links
The Service may contain links to third party websites that are not maintained by, or related to, us, and over which we have no control. Links to such websites are provided solely as a convenience to Customers, and are in no way investigated, monitored or checked for accuracy or completeness by us. Links to such websites do not imply any endorsement by us of, and/or any affiliation with, the linked websites or their content or their owner(s). We have no control over or responsibility for the availability nor their accuracy, completeness, accessibility and usefulness. Accordingly when accessing such websites we recommend that you should take the usual precautions when visiting a new website including reviewing their privacy policy and terms of use.

Assignment
Neither these Terms nor any of the rights or obligations hereunder may be assigned by you without the prior written consent of us, which consent will not be unreasonably withheld. We may, without your consent, assign all or any portion of our rights and obligations hereunder to any third party provided such third party is able to provide a service of substantially similar quality to the Service by posting written notice to this effect on the Service.

Severability
In the event that any provision of these Terms is deemed by any competent authority to be unenforceable or invalid, the relevant provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of these Terms shall not be affected.

Breach of These Terms
Without limiting our other remedies, we may suspend or terminate your Account and refuse to continue to provide you with the Service, in either case without giving you prior notice, if, in our reasonable opinion, you breach any material term of these Terms. Notice of any such action taken will, however, be promptly provided to you.

Governing Law and Jurisdiction
The laws of the United States of America govern the terms of this agreement.

General Provisions
  • Term of agreement. These Terms shall remain in full force and effect while you access or use the Service or are a Customer of mobilesms.io. These Terms will survive the termination of your mobilesms.io Account for any reason.
  • Gender. Words importing the singular number shall include the plural and vice versa, words importing the masculine gender shall include the feminine and neuter genders and vice versa and words importing persons shall include individuals, partnerships, associations, trusts, unincorporated organisations and corporations.
  • Waiver. No waiver by us, whether by conduct or otherwise, of a breach or threatened breach by you of any term or condition of these Terms shall be effective against, or binding upon, us unless made in writing and duly signed by us, and, unless otherwise provided in the written waiver, shall be limited to the specific breach waived. The failure of us to enforce at any time any term or condition of these Terms shall not be construed to be a waiver of such provision or of the right of us to enforce such provision at any other time.
  • Headings. The division of these Terms into paragraphs and sub-paragraphs and the insertion of headings are for convenience of reference only, and shall not affect or be utilised in the construction or interpretation of these Terms agreement. The terms “these Terms”, “hereof”, “hereunder” and similar expressions refer to these Terms and not to any particular paragraph or sub-paragraph or other portion hereof and include any agreement supplemental hereto. Unless the subject matter or context is inconsistent therewith, references herein to paragraphs and sub-paragraphs are to paragraphs and sub-paragraphs of these Terms.
  • Acknowledgement. By hereafter accessing or using the Service, you acknowledge having read, understood and agreed to each and every paragraph of these Terms. As a result, you hereby irrevocably waive any future argument, claim, demand or proceeding to the contrary of anything contained in these Terms.
  • Language. In the event of there being a discrepancy between the English language version of these rules and any other language version, the English language version will be deemed to be correct.
  • Entire agreement. These Terms constitute the entire agreement between you and us with respect to your access to and use of the Service, and supersedes all other prior agreements and communications, whether oral or written with respect to the subject matter hereof.