Terms of service

GENERAL TERMS AND CONDITIONS

1. VALIDITY OF GENERAL TERMS AND CONDITIONS

These Terms and Conditions (the “Terms and Conditions” or these “Terms”) constitute a legally binding agreement between you (“Customer” or “you”) and Mobilscope and its affiliated entities (collectively referred to hereafter as “Mobilscope”) and govern your use of our products, services, and website (the “Site” and collectively with the foregoing, the “Services”). The following Terms and Conditions are provided on the website www.mobilscope.com. Mobilscope may accept variant clauses only in the case of an explicit written agreement.

This section defines various categories of individuals and entities who interact with Mobilscope’s services, platforms, and applications. Understanding these roles is crucial for interpreting the rights, obligations, and conditions described in these Terms and Conditions.

• End Users: Individuals who use and interact directly with Services via their Mobilscope account for their personal use.

• Business Users: Mobilscope provides services to entities (“Business Users”) who directly and indirectly provide us with End Customer’s personal information in connection with those Business Users’ own business and activities.

• End Customers: Individuals who receive services ordered by other Mobilscope account owners, for example, when you do business with, or otherwise transact with a Business User.

• Job applicants: Individuals who submit a job application to Mobilscope.

The term “Customer” as used throughout this document will refer to any individual or entity engaging with Mobilscope‘s services, including End Users, Business Users, and End Customers, as applicable based on the context of the usage. This broad definition ensures that our Terms encompass all interactions with our services, providing a clear and comprehensive understanding of the rights and responsibilities of all parties involved.

CUSTOMER ACKNOWLEDGES AND AGREES THAT, BY CLICKING ON THE “I AGREE” OR SIMILAR BUTTON, REGISTERING FOR AN ACCOUNT, OR ACCESSING OR USING THE SERVICES, CUSTOMER IS INDICATING THAT THEY HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT CUSTOMER HAS REGISTERED WITH THE SITE OR THE APP. IF CUSTOMER DOES NOT AGREE TO THESE TERMS OF SERVICE, THEN CUSTOMER HAS NO RIGHT TO ACCESS OR USE THE SERVICES.

These Terms of Service are effective as of the date Customer first clicks “I agree” (or similar button or checkbox) or uses or accesses the Services, whichever is earlier. If Customer accepts or agrees to these Terms of Service on behalf of its employer or another legal entity, Customer represents and warrants that (i) Customer has full legal authority to bind its employer or such entity to these Terms of Services; (ii) Customer has read and understands these Terms of Service; and (iii) Customer agrees to these Terms of Service on behalf of the party that Customer represents. In such event, “Customer” will refer and apply to Customer’s employer or such other legal entity.

Any personal data Customer submits to Mobilscope or which Mobilscope collects about Customer is governed by its Privacy Policy (“Privacy Policy”), available at https://www.mobilscope.com/more-info/privacy-policy. Customer acknowledges that by using the Services, Customer has reviewed the Privacy Policy. The Privacy Policy is incorporated by reference into these Terms of Service and together form and are hereinafter referred to as this “Agreement.”

PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN CUSTOMER AND MOBILSCOPE CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 20). PLEASE READ CAREFULLY AS IT AFFECTS CUSTOMER’S LEGAL RIGHTS, INCLUDING, IF APPLICABLE, CUSTOMER’S RIGHT TO OPT OUT OF ARBITRATION.

2. DESCRIPTION OF SERVICES

2.1. USING THE SERVICES

Mobilscope is a global eSIM store making international connectivity more accessible via eSIM technology. Mobilscope offers travelers data, voice, and text packs in many countries, reducing the need for physical SIM cards. Mobilscope’s services include offering a variety of eSIM data, voice, and text packs from around the world, which can be purchased and used immediately on any eSIM-compatible device, allowing seamless connectivity.

Customer must register with Mobilscope and create an account to use the Services (an “Account”), and as part of that process, Customer will be requested to provide certain information, including without limitation Customer’s name, full address, phone number, and email address. By using the Services, Customer agrees to provide true, accurate, current, and complete information as prompted by the registration process and to maintain and promptly update the Account information to keep it accurate, current, and complete.

Customer is the sole authorized user of Customer’s Account and is responsible for maintaining the confidentiality of any log-in, password, and Account number provided by Customer or given to Customer by Mobilscope for accessing the Services. Customer is solely and fully responsible for all activities that occur under Customer’s password or Account, even if not authorized by Customer. Mobilscope has no control over the use of any user’s Account and expressly disclaims any liability derived therefrom. Should Customer suspect that any unauthorized party may be using Customer’s password or Account, or suspects any other breach of security, Customer agrees to contact Mobilscope immediately.

The person signing up for the Services will be the contracting party (“Account Owner”) for the purposes of these Terms of Service and will be the person who is authorized to use any corresponding Account Mobilscope provides to the Account Owner in connection with the Services; provided, however, that if Customer is signing up for the Services on behalf of Customer’s employer, Customer’s employer shall be the Account Owner. As the Account Owner, Customer is solely responsible for complying with these Terms of Service and is entitled to all benefits accruing thereto. Customer’s Account is not transferable to any other person or account. Customer must immediately notify Mobilscope of any unauthorized use of Customer’s password or identification or any other breach or threatened breach of Mobilscope’s security or the security of Customer’s Account.

2.2. REGISTRATION FOR USING MOBILSCOPE SERVICES

All customers, including End Users, Business Users, End Customers, and Job applicants as defined in Section 1, must accept the General Terms and Conditions to utilize Mobilscope services. During the registration process, the following information must be provided:

• For End Users: Personal information such as First Name, Last Name, and Email address is required for direct interactions and transactions on the Mobilscope website (www.mobilscope.com).

• For Business Users: Additional information is necessary to accommodate the unique needs of businesses. This includes Company Name, Company Address, Company Users’ email addresses, Company Website, Region, Industry, Phone Number, relevant contacts, and other relevant details. This information helps in tailoring our services to better suit operational requirements and service delivery to their End Customers.

• For End Customers: When services are ordered by another Mobilscope account owner, such as a Business User, the necessary information to facilitate this transaction is handled by the initiating party. Business Users are responsible for ensuring that the personal information of End Customers is collected in compliance with applicable data protection regulations.

In instances where Mobilscope services are provided through intermediaries (e.g., hotels or travel agencies), the intermediary may provide the required registration information on behalf of the Customer.

To adapt to evolving service requirements and enhance user experience, Mobilscope reserves the right to collect additional information from all categories of customers as deemed necessary. This collection of additional information will be conducted in a manner that respects privacy and complies with data protection laws, without necessitating further changes to these Terms and Conditions. Customers will be informed accordingly about the collection of any such additional information through our standard communication channels.

2.3. MOBILSCOPE ENGAGEMENTS

Mobilscope shall use reasonable endeavors to provide Customer with quality service. However, Mobilscope does not guarantee that the service will be uninterrupted, timely, secure, or error-free.

2.4. CUSTOMER ENGAGEMENTS

In using the Equipment or Services provided by Mobilscope, the Customer must not engage in any action that is abusive, illegal, or fraudulent, or that causes the network to be impaired or damaged. When the Customer breaches its obligations under this section, Mobilscope may suspend the Customer’s use of the Service. During any period of suspension, the Customer shall continue to pay all charges due under this Agreement in respect of the suspended Services.

2.5. DEVICE COMPATIBILITY

The Customer is responsible for ensuring that their device is eSIM-compatible and network-unlocked. Device compatibility may depend on the carrier and country of origin; the Customer must check the list of eSIM-compatible devices provided at the checkout. By checking the box that confirms the Customer’s device is eSIM-compatible, the Customer is held responsible for the accuracy of the information they provide.

The eSIM compatibility list is not exhaustive, meaning newly announced eSIM-compatible devices may still need to be added.

3. START, DURATION, AND TERMINATION OF THE CONTRACT

The service contract between Mobilscope and the Customer begins upon completion of the order on the Mobilscope website (www.mobilscope.com, including any subdomains associated with Mobilscope), through our APIs, on the Partner Platform, or via any other product provided by Mobilscope that allows customers to make an order.

The activation of the eSIM and acknowledgment of the Activation Policy is the Customer’s responsibility.

The contract will be terminated for End Users if they do not have an active data package or have deleted the eSIM from the target device. However, for Business Users, the termination of the contract is subject to the terms of any specific agreement signed between the Business User and Mobilscope, or their active status on the Partner Platform. For Business Users with such agreements or active platform participation, the contract remains in effect even in the absence of an active data package or if an eSIM is deleted from a device, reflecting the ongoing partnership and commitments between Mobilscope and the Business User.

4. CHARGES AND PAYMENT

Payment and any other expenses must be paid through the third-party payment processing system (the “PSP”) as indicated on the Services. Customers may be required to register with the PSP, agree to the PSP’s terms of service, provide payment details, and complete any vetting process required to set up an account with the PSP (the “PSP Services Agreement”). By accepting these Terms of Service, the Customer confirms they have downloaded, printed, reviewed, and agreed to the PSP Services Agreement.

Mobilscope is not a party to the PSP Services Agreement. The Customer, the PSP, and any other parties referenced therein are the only parties to that agreement. Mobilscope has no obligations, responsibility, or liability to any user or third party under the PSP Services Agreement.

All prices and fees displayed on the Services are exclusive of applicable federal, provincial, state, local, or other governmental sales, goods and services, or other taxes, fees, or charges now in force or enacted in the future (“Taxes”), unless otherwise explicitly stated. Any applicable Taxes are based on the billing address provided by the Customer and are calculated at the time a transaction is charged to the Customer’s Account.

4.1. PAYMENT CONDITIONS

Mobilscope offers various payment methods for its services, including but not limited to Credit/Debit Card, PayPal, Google Pay, Apple Pay, and Shop.

The default currency for payment is US Dollars (USD), although other currencies may be available and are determined at the time of the transaction.

Transactions are processed and secured through Mobilscope-approved payment providers, including but not limited to PayPal (https://paypal.com), Stripe (https://stripe.com), and any other authorized providers designated by Mobilscope.

4.2. AUTOMATIC RENEWALS FOR END USERS

Mobilscope offers automatic renewals for End Users to ensure uninterrupted service.

• Automatic Charges: When enabled, renewal fees will be charged automatically to the End User’s preferred payment method once their data usage drops below a predefined threshold or at the beginning of a new billing cycle.

• Cancellation Policy: End Users may cancel automatic renewals at any time. The cancellation becomes effective at the end of the current billing cycle. Cancellations can be made via the user’s Mobilscope account settings or by contacting Mobilscope support.

4.3. INVOICING (FOR BUSINESS USERS)

Mobilscope follows a structured billing process for Business Users using Mobilscope Credits for purchasing eSIMs, top-ups, and other services via the Partner Platform.

• Issuance of Invoices: Business Users receive detailed invoices outlining the credits consumed during a billing cycle, helping with financial tracking and reporting.

• Payment Obligations: Invoices must be paid within the deadlines stated. Failure to comply may result in service suspension.

• Service Suspension: Mobilscope reserves the right to temporarily suspend services if payment is not made on time.

• Interest & Damages: Mobilscope may apply interest on overdue invoices and seek reimbursement for administrative or legal fees incurred in recovering debts.

Invoices are generally issued in USD, but Mobilscope may use alternative currencies when appropriate or agreed upon with the Business User.

Timely payments are critical to maintaining uninterrupted access and a positive relationship with Mobilscope. Business Users should reach out to support promptly if billing issues arise.

4.4. PREPAID TRANSACTIONS FOR BUSINESS USERS

Business Users can purchase Mobilscope Credits to access and manage eSIMs, top-ups, and related services via the Partner Platform.

• Purchasing Mobilscope Credits: Payments can be made through various channels including credit/debit cards, bank transfers, or electronic payment methods suited to the Business User’s needs.

• Using Mobilscope Credits: Once added to their account, credits can be used for eSIM purchases, top-ups, and other Mobilscope services. This credit-based model supports budget planning and operational flexibility.

Further guidance is available on the Mobilscope Partner Platform or by contacting the Mobilscope support team.

4.5. POSTPAID TRANSACTIONS FOR BUSINESS USERS

Mobilscope also supports postpaid transactions, allowing Business Users to access services first and pay afterward.

• Postpaid Services: Business Users can acquire eSIMs, top-ups, and other Mobilscope services with payment due later, as specified in the invoice.

• Credit Limit System: Mobilscope may assign credit limits to Business Users for postpaid usage. These limits may be determined by Mobilscope or mutually agreed upon.

• Eligibility: Not all Business Users qualify for postpaid billing. Eligibility is based on factors such as transaction history, creditworthiness, and length of the relationship with Mobilscope.

5. DELIVERY

End Users can access purchased eSIMs under the “My eSIMs” tab on the Mobilscope website (www.mobilscope.com). A confirmation email will be sent to the Customer after a successful purchase. All necessary installation instructions and activation details will be accessible exclusively through the user’s Mobilscope account.

Business Users will find their purchased eSIMs and top-up packages within the Mobilscope Partner Platform, which supports efficient deployment and management tailored to the unique operational needs of each business.

Mobilscope offers flexible delivery methods based on the Customer’s integration model and the specific Mobilscope products and services being used.

6. REFUND / CANCELLATION / MODIFICATION POLICY

Customers may request a refund or eSIM replacement if they are unable to use Mobilscope Services due to an error or omission by Mobilscope. Refund requests must be submitted within thirty (30) daysof the purchase date. However, Mobilscope will not be obligated to issue a refund if the issue is resolved within ten (10) days of the Customer’s notification. The Customer must fully cooperate in resolving the issue. If the Customer does not cooperate, Mobilscope may deny the refund.

Please note that each data package has a validity period. No refunds will be issued for unused data after the validity period expires.

6.1 Exceptions & Limitations

• Compensation Exclusions: Mobilscope will not refund or compensate for charges resulting from usage of alternate phones, SIM cards, service providers, hotel phones, or any third-party services not directly linked to the Customer’s Mobilscope eSIM account.

• Fraudulent Activity: Mobilscope reserves the right to deny refunds in cases of abuse, Terms of Service violations, or fraudulent activity. Suspicious accounts may be suspended.

• Unauthorized Purchases: Customers must report any suspected unauthorized purchases immediately. Mobilscope will investigate such cases before any refund is considered.

• Accidental Purchases: Once an eSIM is installed, it is deemed used. No refunds will be issued after installation except in cases explicitly covered by this policy.

• Incorrect Charges: If a Customer disputes a charge, they must notify Mobilscope within twelve (12) days of the transaction, explaining why the charge is incorrect and, if possible, what the correct amount should be. See Section 4 for invoicing details.

• Replacements: eSIMs bought solely with Airmoney from vouchers can be replaced within 30 days of purchase.

• Other Reasons: Refund requests outside the above categories will be reviewed on a case-by-case basis. Approved refunds may be subject to a processing fee. Refunds cannot exceed the total paid amount.

To request a refund, Customers should contact Mobilscope’s support team via in-app or web chat.

Customers may be asked to provide additional information, such as:

• Screenshots of device settings (for technical issues)

• Details explaining incorrect charges

• Payment verification

Refunds may be issued to the original payment method or as credit to the user’s Mobilscope account. Once approved, it can take up to thirty (30) business days for the refund to appear on the Customer’s bank or card statement, depending on the financial institution.

Note for Reseller Transactions:

End Users who purchased Mobilscope services through a reseller are not eligible for direct refunds from Mobilscope. These Customers must request refunds from the Mobilscope Business User (the reseller) from whom they purchased the service. While Mobilscope strives for excellent customer satisfaction, refund policies for reseller transactions are governed by the reseller’s terms.

7. USE OF DIGITAL CURRENCIES (CREDITS)

Mobilscope offers digital currencies—Mobilscope Credits and Airmoney—to streamline transactions and enhance payment flexibility across its platforms.

7.1. Mobilscope Credits

Mobilscope Credits are a dedicated payment method available exclusively to Mobilscope Business Users via the Mobilscope Partner Platform. These credits are used to purchase eSIMs, top-up packages, and other Mobilscope services. Mobilscope Credits may also be used as a method for processing refunds or issuing credit notes for Business Users, offering a flexible alternative to direct reimbursements.

Key terms regarding Mobilscope Credits include:

• Non-Refundable Nature: Mobilscope Credits are non-refundable and cannot be exchanged for cash. Unused credits do not automatically revert to the Customer upon termination of the agreement.

• Request for Credit Resolution: If a Business User wishes to discuss a resolution for unused credits at the end of an agreement, a written request must be submitted to Mobilscope for consideration.

• Credit Limits: Business Users approved for postpaid transactions may be assigned a credit limit, representing the maximum allowable amount for purchasing eSIMs and services. If this limit is reached and payment is not settled, further purchases may be restricted.

This framework ensures transparent usage and management of digital currencies within the Mobilscope ecosystem.

8. eSIM RECYCLING PROCESS AND ACTIVATION

Mobilscope employs an eSIM recycling process to optimize inventory management and maintain service quality.

Upon purchase, Customers are required to activate their eSIM within a designated time frame, as outlined during the purchase process. It is solely the responsibility of the Customer to complete activation within this window.

• Failure to Activate: If the eSIM is not activated within the specified period, it may expire and become permanently unusable.

• Non-Reactivation Policy: Expired eSIMs cannot be reactivated. Customers must initiate a new purchase to obtain a valid eSIM.

• Guideline Adherence: To avoid service disruptions, users should carefully review and follow the activation instructions provided in their Mobilscope account.

9. PRICES AND PROMOTIONS

Mobilscope reserves the right to determine and adjust pricing for all eSIM packages and associated services.

9.1. Pricing Structure

Prices may vary between End Users and Business Users based on service level, volume discounts, and operational needs. The most current pricing is available on the Mobilscope website and Partner Platform.

9.2. Promotions

Mobilscope may offer limited-time promotional pricing. Each promotion will include clearly defined terms such as:

• Duration of the offer

• Eligibility criteria

• Conditions for redemption

Once a promotion ends, regular pricing will automatically apply unless otherwise stated. Mobilscope may modify or terminate promotions at its sole discretion, without prior notice.

9.3. Price Changes

Mobilscope regularly reviews its pricing strategy to remain competitive and sustainable. Pricing may change based on factors such as:

• Market conditions

• Exchange rate fluctuations

• Operational or infrastructure costs

While Mobilscope strives to notify users of major price changes in advance, real-time adjustments may be necessary without prior communication.

9.4. Customer Guidance

• End Users: Should refer to the Mobilscope website for the most accurate and up-to-date pricing and promotions.

• Business Users: Should consult the Mobilscope Partner Platform or contact their account manager for custom pricing or volume-based rates.

9.5. Business User Pricing Guidance

Business Users should refer to the designated Mobilscope platforms—such as the Mobilscope Partner Platform—for pricing information tailored to their operational scale and service needs. These platforms provide custom pricing models, bulk offers, and account-specific promotions that align with business workflows. For any questions or further assistance, Business Users are encouraged to contact the Mobilscope support team directly.

Mobilscope is committed to providing value through sustainable pricing strategies and clear communication. End Users should visit www.mobilscope.com for the latest updates on consumer-facing prices and promotions, while Business Users should rely on Mobilscope-owned portals and support services for business-specific pricing.

9.6. Free Welcome eSIM Program

As part of its promotional initiatives, Mobilscope offers the Free Welcome eSIM Program, exclusively for End Users. Eligibility and terms include:

• Eligibility: Available to End Users who are first-time Mobilscope users or existing users who have never completed a transaction using supported payment methods on the Mobilscope website.

• Account Requirement: Users must create a Mobilscope account. Existing users with no payment history also qualify.

• One eSIM Limit: Each End User may claim only one free eSIM. Creating multiple accounts using the same device to claim additional free eSIMs is strictly prohibited.

• Referral Restrictions: Referral codes may not be applied when redeeming a free Welcome eSIM.

• No Refunds or Exchanges: The free eSIM cannot be refunded, exchanged for cash, or replaced.

• Previous Promotions: Users who received eSIMs from earlier promotions may still be eligible for the Free Welcome eSIM, as long as they meet the other qualifying conditions.

• Fraud Prevention: Mobilscope reserves the right to terminate any free eSIMs acquired through fraudulent means, including false signups or multiple account creation, and to suspend the associated accounts.

Mobilscope may update or terminate the Free Welcome eSIM Program at any time without notice, including changes to eligibility, terms, and distribution of the free eSIMs.

10. USER LOCATION TRACKING

Mobilscope may collect and process users’ geographic location data—including GPS, IP address, Wi-Fi access points, and cell tower information—to provide location-based services and enhance user experiences. By using Mobilscope services, users consent to this location tracking.

Purposes include:

• Delivering region-specific services

• Optimizing service quality

• Personalizing platform features

Location data may be shared with trusted third-party service providers who are required to handle this data in accordance with applicable privacy regulations. Users can manage their location settings within their devices. Disabling location sharing may limit certain service functionalities.

Mobilscope applies industry-standard security measures and retains location data only as long as necessary to fulfill its service obligations and legal requirements. For questions or concerns, users can contact Mobilscope Customer Support.

11. LOCAL REGULATORY COMPLIANCE

Customers agree to comply with all applicable laws and telecommunications regulations in any country where Mobilscope services are used. This may include, but is not limited to, the registration of devices and lawful use of connectivity services.

Where required by law, Mobilscope may take appropriate actions—on the Customer’s behalf—to fulfill compliance obligations. Customers consent to Mobilscope’s use of their personal data for this purpose, in accordance with relevant data protection laws.

11.1. Colombia

Customers using Mobilscope services in Colombia must comply with Resolution 5050 of 2016 issued by the Colombian Communications Regulation Commission (CRC), which requires the registration of mobile device IMEI numbers to prevent mobile phone theft and unlawful distribution.

By using Mobilscope services in Colombia, the Customer:

• Declares that they are the legal owner of their mobile device.

• Confirms the device was lawfully acquired.

• Affirms there has been no manipulation or rewriting of the IMEI.

• Accepts responsibility for any legal consequences stemming from unauthorized IMEI alterations.

The Customer authorizes Mobilscope, through its agents, to submit required documentation—including the sole responsible owner declaration—for CRC registration purposes.

The Customer further authorizes Mobilscope to use their personal data as required for compliance, in accordance with Decree 1377 of 2013 and applicable Colombian data protection laws.

12. REPRESENTATIONS AND WARRANTIES

The Customer represents and warrants that:

1. Age and Capacity: The Customer is at least 18 years of age—or of legal age in their jurisdiction—and is capable of entering into a binding agreement.

2. Authority: The Customer has the legal right and authority to enter into this Agreement and to comply with its terms.

3. Organizational Authority: If entering this Agreement on behalf of a company or other entity, the Customer affirms that they have the legal authority to bind that organization to these Terms and Conditions.

13. CUSTOMER REPRESENTATIONS, WARRANTIES, AND PROHIBITED CONDUCT

The Customer further represents and warrants that:

• (i) The Customer has read, understands, and agrees to be bound by these Terms of Service and the Mobilscope Privacy Policy in order to access and use the Services; and

• (ii) The Customer will use the Services in good faith and in compliance with all applicable local, state, federal, and international laws and regulations.

The Customer agrees not to engage in any of the following prohibited activities, including but not limited to:

1. Copying, distributing, or disclosing any part of the Services in any medium except as expressly authorized by these Terms or the functionalities of the Services.

2. Using any automated system—such as “robots,” “spiders,” or “offline readers”—to access the Services, except as permitted by the platform.

3. Transmitting spam, chain letters, or other unsolicited communications, or engaging in phishing, pharming, pretexting, scraping, or crawling.

4. Attempting to interfere with or compromise system integrity or security, or deciphering transmissions to or from Mobilscope’s servers.

5. Violating any applicable laws or regulations, including international, federal, provincial, or local laws.

6. Using the Services for unlawful purposes or encouraging others to engage in illegal activity.

7. Uploading invalid data, viruses, worms, or other malicious software agents.

8. Infringing on Mobilscope’s intellectual property rights or those of any third party.

9. Impersonating another individual or entity, misrepresenting your affiliation, or engaging in fraud or identity concealment.

10. Harassing, threatening, stalking, defaming, or otherwise violating the legal rights (including privacy and publicity rights) of others or Mobilscope staff.

11. Engaging in any activity that interferes with or degrades the performance, security, or functionality of the Services.

12. Uploading or transmitting any malicious code or viruses.

13. Attempting to reverse engineer, decompile, or disassemble any part of the software or algorithms used by the Services.

14. Circumventing or attempting to bypass any security features or access restrictions implemented by Mobilscope.

15. Attempting to access unauthorized user accounts or to collect or track the personal data of others.

16. Using the Services in any manner that infringes the rights of any third party.

17. Encouraging or enabling others to engage in any of the foregoing activities.

The Customer also warrants and represents that, except as fully disclosed to Mobilscope in writing, they do not have any undisclosed motivations, affiliations, or intentions that Mobilscope may reasonably need to know in connection with the use of the Services. This includes, but is not limited to, any intention to use the Services for journalistic, investigative, or otherwise undisclosed commercial or unlawful purposes. The Customer agrees to promptly notify Mobilscope in writing of any such motivations or affiliations, whether known at the time of registration or arising during use.

14. MOBILE APPLICATION CONSENT

By installing the Mobilscope App, the Customer consents to the installation and receipt of updates or upgrades provided through the Services. The App (including its updates) may:

• (i) Cause the Customer’s device to communicate automatically with Mobilscope servers to deliver functionality and collect usage analytics.

• (ii) Alter application-related settings or data stored on the Customer’s device.

• (iii) Collect personal information as described in the Mobilscope Privacy Policy, including but not limited to geolocation data.

The Customer may uninstall the App at any time to disable these functionalities.

15. TERMINATION AND SUSPENSION

Unless otherwise agreed in writing between the Customer and Mobilscope, either party may terminate these Terms of Service at any time, with or without cause. Customers may cancel and delete their account at any time by using the available features within the Services (if applicable) or by submitting a written request to Mobilscope support.

Upon cancellation, the Customer will lose access to their account, profile, and all associated data within the Services. Any provisions of these Terms of Service that are intended by their nature to survive termination—including, but not limited to, provisions related to disclaimers of warranties, limitations of liability, and indemnification—shall remain in effect indefinitely after termination.

Mobilscope reserves the right to refuse, suspend, or terminate the provision of Services to any Customer at any time and for any reason, including, but not limited to, suspected or actual violations of these Terms of Service. In such cases, Mobilscope may provide notice via email or in writing, and such termination or limitation will take effect immediately upon delivery.

If Mobilscope terminates or restricts access under this section, the Customer is prohibited from re-registering or creating a new account under their name, a false identity, or on behalf of a third party. These restrictions remain enforceable even after termination.

Mobilscope reserves the right to pursue appropriate legal remedies, including but not limited to arbitration under Section 20 of these Terms of Service.

Following termination or cancellation of an account, Mobilscope may delete all Customer data in accordance with its data retention practices. Once deleted, data cannot be recovered.

Mobilscope may also modify, suspend, or permanently discontinue any part of the Services at its sole discretion, without liability to the Customer. Mobilscope further reserves the right to restrict access to the Services for any individual whose use may pose a risk to the platform’s integrity, security, or business interests.

16. LINKS TO THIRD-PARTY WEBSITES

The Services may include links or references (including hyperlinks) to third-party websites. These links are provided solely for informational and convenience purposes and do not constitute endorsement, sponsorship, or affiliation by Mobilscope with those third-party websites, their operators, or their content.

Mobilscope does not control third-party websites and is not responsible for their availability, accuracy, security, or content, including advertisements, products, services, or any material they may contain. The Customer is solely responsible for evaluating the content and relevance of any external websites accessed through the Services.

The Customer acknowledges that Mobilscope is not involved in the creation or maintenance of third-party websites and disclaims any liability for claims arising from or related to such sites. Mobilscope does not routinely monitor or review third-party links but reserves the right to remove or restrict them at its discretion, without notice.

The use of any website controlled, owned, or operated by third parties is governed by the terms and conditions and privacy policies of those websites. Customer accesses such third-party websites at their own risk. Mobilscope expressly disclaims any liability related to the use or viewing of websites or materials linked to or from the Services. Customer agrees to hold Mobilscope harmless from any liability resulting from their interaction with such links.

As part of the Services’ functionality, Customers may link their Mobilscope account with third-party services (each a “Third-Party Account”) such as Facebook, Instagram, or other platforms. This can be done by either: (i) providing login credentials for the Third-Party Account through the Services, or (ii) authorizing Mobilscope to access the Third-Party Account as permitted under the applicable terms governing the Customer’s use of that account.

The Customer represents that they have the right to provide such access to Mobilscope without violating the terms of the applicable Third-Party Account and without obligating Mobilscope to pay fees or be subject to limitations imposed by the third-party provider. By granting access, the Customer understands and agrees that Mobilscope may retrieve, store, and use content from the Third-Party Account (including, but not limited to, friend lists or profile content) as part of the Services.

Mobilscope may also submit and receive additional information to and from the Third-Party Account where applicable. Availability of such content within the Services depends on the privacy settings established by the Customer in their Third-Party Accounts. If any Third-Party Account becomes unavailable or Mobilscope’s access is revoked, related content may no longer be accessible through the Services.

The Customer may disable the connection between their Mobilscope account and any Third-Party Account at any time. Please note that the Customer’s relationship with third-party providers is governed solely by their agreement(s) with such providers. Mobilscope does not review third-party content (SNS Content) for accuracy, legality, or non-infringement, and assumes no responsibility for such content.

17. INTELLECTUAL PROPERTY RIGHTS

All text, graphics, data, formatting, design elements, software, photographs, videos, music, logos, trademarks, and other content available through the Services (collectively, “Proprietary Material”) are the property of Mobilscope or its licensors. Such Proprietary Material is protected under U.S. and international copyright, trademark, patent, and other intellectual property laws.

Mobilscope retains all rights, title, and interest in the Proprietary Material, including the selection, coordination, and arrangement thereof, considered a collective work under the United States Copyright Act. Except as explicitly authorized in writing by Mobilscope, Customers may not copy, modify, reproduce, distribute, display, or otherwise exploit any Proprietary Material from the Services.

All Mobilscope trademarks, service marks, trade names, and logos are the exclusive property of Mobilscope. Any other trademarks or logos appearing on the Services are the property of their respective owners. Use of any marks without prior written permission from the respective owner is strictly prohibited.

From time to time, Customer may choose to, or Mobilscope may invite Customer to, submit comments, ideas, suggestions, or other feedback regarding the Services, including suggestions for improvements to Mobilscope’s offerings (“Feedback”). By submitting Feedback, Customer acknowledges and agrees that such submission is voluntary, unsolicited, and provided without restriction, and will not place Mobilscope under any fiduciary or other obligation. Mobilscope shall be free to use, disclose, reproduce, license, or otherwise distribute and exploit such Feedback without any obligation to compensate or credit Customer. Customer further agrees that Mobilscope’s acceptance of such Feedback does not waive any rights to use similar or related Feedback previously known to Mobilscope, developed by its employees, or obtained from other sources.

All emails and correspondence submitted by Customer to Mobilscope become the sole and exclusive property of Mobilscope.

Subject to the terms and conditions of this Agreement, Mobilscope grants Customer a limited, non-exclusive, non-transferable, revocable license to access and use the Services. Mobilscope reserves the right to terminate this license at any time, with or without cause.

The Services and all materials provided therein or transferred thereby—including, without limitation, software, text, graphics, illustrations, reports, logos, images, trademarks, and copyrights (collectively, the “Mobilscope Content”)—are the exclusive property of Mobilscope or its licensors. All associated intellectual property rights (“Intellectual Property Rights”) are retained by Mobilscope or the respective rightsholder.

Except as expressly authorized in this Agreement, Customer agrees not to reproduce, license, sell, rent, modify, publish, publicly perform or display, distribute, or create derivative works from the Mobilscope Content or any materials available through the Services. Any unauthorized use of the Mobilscope Content is strictly prohibited.

For the purposes of this Agreement, “Intellectual Property Rights” refers to all existing and future rights in and to patents, copyrights, trademarks, trade secrets, trade dress, mask works, rights of publicity, moral rights, and all similar intellectual and proprietary rights worldwide, including all registrations, applications, renewals, and extensions.

Use of the Services and the licenses granted herein are also subject to the Customer’s compliance with all applicable guidelines, policies, and any end-user license agreements associated with use of the Mobilscope App. Mobilscope reserves the right to modify such guidelines at its sole discretion and may suspend or terminate Customer’s access if it determines a violation has occurred.

18. COPYRIGHT COMPLAINTS AND DESIGNATED AGENT

Mobilscope respects the intellectual property rights of others and expects its users to do the same. If Customer believes, in good faith, that any materials provided on or through the Services infringe upon their copyright or other intellectual property rights, they may submit a written notice containing the following information to Mobilscope’s designated copyright agent at support@mobilscope.com:

• A description of the copyrighted work that Customer claims has been infringed, including the specific URL or location within the Services where the allegedly infringing material is located;

• A description of where the original or authorized version of the copyrighted work exists (e.g., a URL or the title and publisher of a book);

• Customer’s full name, mailing address, telephone number, and email address;

• A statement by Customer, under good faith belief, that the use of the material is not authorized by the copyright owner, its agent, or the law;

• A statement by Customer, made under penalty of perjury, that the information in the notice is accurate and that Customer is the copyright owner or authorized to act on behalf of the copyright owner; and

• An electronic or physical signature of the copyright owner or an authorized representative.

Mobilscope will respond appropriately to valid copyright complaints in accordance with applicable intellectual property laws.

19. CONFIDENTIAL INFORMATION

Customer acknowledges that confidential and proprietary information disclosed by Mobilscope constitutes a valuable, unique, and proprietary asset (“Confidential Information”). Customer agrees not to disclose, transfer, use, or attempt to induce others to disclose, transfer, or use any Confidential Information for any purpose other than as necessary to use the Services in accordance with these Terms of Service. Disclosure of Confidential Information is permitted only to Customer’s employees or agents who have a need to know and who are bound by confidentiality obligations no less restrictive than those set forth herein.

Customer shall promptly notify Mobilscope in writing upon discovering any actual or potential unauthorized disclosure, transfer, or use of Confidential Information and shall use their best efforts to prevent any such incidents. Upon termination of this Agreement or upon request by Mobilscope, Customer must promptly return or destroy all originals and copies of any materials containing Confidential Information.

“Confidential Information” includes, without limitation, all non-public information of Mobilscope, whether disclosed orally, in writing, electronically, or observed visually, that could be reasonably understood to be proprietary or confidential due to its nature or the circumstances of disclosure. This includes, but is not limited to, trade secrets; technical data; know-how; research; product and service plans; pricing and marketing strategies; business models; financial information; personnel data; user and partner information; inventions; processes; code; designs; drawings; hardware and software configurations; and all other information not generally known to the public or that would be of value to competitors or other third parties.

20. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOBILSCOPE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND AVAILABILITY.

MOBILSCOPE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING:

• THE ACCURACY, COMPLETENESS, OR TIMELINESS OF CONTENT AVAILABLE THROUGH THE SERVICES;

• THE FUNCTIONALITY OR AVAILABILITY OF LINKED THIRD-PARTY SITES;

• UNINTERRUPTED OR ERROR-FREE OPERATION;

• THE SECURITY OF ITS SERVERS OR THAT PERSONAL OR FINANCIAL INFORMATION WILL NOT BE ACCESSED BY UNAUTHORIZED PARTIES;

• OR THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CUSTOMER ACKNOWLEDGES THAT THEIR USE OF THE SERVICES IS AT THEIR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MOBILSCOPE, ITS AFFILIATES, LICENSORS, OR CORPORATE PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICES.

IF, DESPITE THE FOREGOING, LIABILITY IS IMPOSED ON MOBILSCOPE, THEN IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF MOBILSCOPE AND ITS AFFILIATES TO CUSTOMER EXCEED THE GREATER OF:

(i) THE AMOUNT PAID BY CUSTOMER TO MOBILSCOPE FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIM, OR

(ii) ONE HUNDRED U.S. DOLLARS ($100),

TO THE EXTENT PERMITTED BY APPLICABLE LAW.

SOME JURISDICTIONS MAY NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, IN WHICH CASE THESE LIMITATIONS MAY NOT FULLY APPLY TO YOU.

21. INDEMNIFICATION

Customer hereby agrees to indemnify, defend, and hold harmless Mobilscope and its officers, directors, employees, agents, attorneys, insurers, successors and assigns (the “Indemnified Parties”) from and against any and all Liabilities incurred in connection with (i) Customer’s use or inability to use the Services, or (ii) Customer’s breach or violation of this Agreement; (iii) Customer’s violation of any law, or the rights of any user or third party and (iv) any content submitted by Customer or using Customer’s account to the Services, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. Customer also agrees to indemnify the Indemnified Parties for any Liabilities resulting from Customer’s use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action Customer takes that imposes an unreasonable burden or load on Mobilscope’s infrastructure. Mobilscope reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to Customer’s indemnification. Customer will not, in any event, settle any claim or matter without the prior written consent of Mobilscope.

22. DISPUTE RESOLUTION – ARBITRATION & CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS CUSTOMER’S LEGAL RIGHTS AND GOVERNS HOW CUSTOMER AND MOBILSCOPE CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE CUSTOMER AND MOBILSCOPE TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

Customer agrees that, in the event any dispute or claim arises out of or relating to Customer’s use of the Services, Customer will contact Mobilscope at support@mobilscope.com and Customer and Mobilscope will attempt in good faith to negotiate a written resolution of the matter directly. Customer agrees that if the matter remains unresolved for 30 days after notification (via certified mail or personal delivery), such matter will be deemed a “Dispute” as defined below. Except for the right to seek injunctive or other equitable relief described under the “Binding Arbitration” section below, should Customer file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then Customer agrees that they will not be entitled to recover attorneys' fees, even if Customer may have been entitled to them otherwise.

Binding Arbitration. Customer and Mobilscope agree that any dispute, claim or controversy arising out of or relating to this Agreement or to Customer’s use of the Services (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that Customer and Mobilscope both agree to waive the right to a trial by jury. Notwithstanding the foregoing, Customer may bring a claim against Mobilscope in “small claims” court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non-class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.

Class Action Waiver. Customer and Mobilscope agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that Customer and Mobilscope both agree to waive the right to participate as a plaintiff or as a class member in any class action proceeding. Further, unless Customer and Mobilscope agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person’s claims and may not preside over any form of class action proceeding.

Arbitration Administration and Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879).

Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of arbitrators with relevant experience. If the parties are unable to agree upon an arbitrator within seven days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.

Arbitration Location and Procedure. Unless Customer and Mobilscope agree otherwise, the seat of the arbitration shall be in San Francisco, California. If Customer’s claim does not exceed USD $10,000, then the arbitration will be conducted solely on the basis of documents Customer and Mobilscope submit to the arbitrator, unless Customer requests a hearing and the arbitrator then determines that a hearing is necessary. If Customer’s claim exceeds USD $10,000, Customer’s right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Hearings may be conducted by telephone or video conference, if requested and agreed to by the parties.

Arbitrator’s Decision and Governing Law. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized by law. The arbitrator will render an award within the timeframe specified in the AAA Rules. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.

23. GOVERNING LAW

Except as provided in Section 20 or expressly provided in writing otherwise, this Agreement and Customer’s use of the Services will be governed by, and will be construed under, the laws of the State of Delaware, without regard to choice of law principles. This choice of law provision is only intended to specify the use of Delaware law to interpret this Agreement.

24. NO AGENCY; NO EMPLOYMENT

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

25. GENERAL PROVISIONS

The original English version of these Terms may have been translated into other languages. The translated version of these Terms is a courtesy and office translation only and the Participants cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions of these Terms or in the event of a conflict, ambiguity, inconsistency or discrepancy between the English version and any other language version of these Terms, the English language version shall apply and prevail and be conclusive and binding. The English version shall be used in legal proceedings. If any provision of these Terms is or becomes invalid, unenforceable or non-binding, Customer shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and each participant will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms.

This Agreement may not be assigned or transferred by Customer without Mobilscope’s prior written approval. Mobilscope may assign or transfer this Agreement without Customer’s consent, including but not limited to assignments: (1) to a parent or subsidiary, (2) to an acquirer of assets, or (3) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement will inure to the benefit of Mobilscope, its successors and assigns.

26. CHANGES TO THIS AGREEMENT AND THE SERVICES

Mobilscope reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including these Terms of Service and Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Services or any content or information through the Services at any time, effective with or without prior notice and without any liability to Customer. Mobilscope will endeavor to notify Customer of material changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to Customer or cause Customer to no longer be in compliance with this Agreement, Customer must terminate, and immediately stop using, the Services. Customer’s continued use of the Services following any revision to this Agreement constitutes Customer’s complete and irrevocable acceptance of any and all such changes. Mobilscope may also impose limits on certain features or restrict Customer’s access to part or all of the Services without notice or liability.

27. NO RIGHTS OF THIRD PARTIES

None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement.

28. NOTICES AND CONSENT TO RECEIVE NOTICES ELECTRONICALLY

Customer consents to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically including without limitation by e-mail or by posting Notices on this Site. Customer agrees that all Notices that Mobilscope provides to Customer electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight delivery service.

29. CONTACTING US

If Customer has any questions about these Terms of Service or about the Services, please contact us by email at support@mobilscope.com