By using and/or subscribing to MNumber service (“Service“), you are entering into an agreement with Mobil-Tek (“Operator“) and your use of the Service is subject to these Terms and Conditions (“Terms“). If you do not agree with these Terms, you must stop using the Service. Operator may modify or suspend the Service at any time and may make updates to these Terms without notice. By continuing to use the Service, you are agreeing to such revised Terms.

1. Overview and Limitations. MNumber is an app-based service (the “App“) that when downloaded and enabled on an eligible mobile device allows you to make and receive calls, receive voicemails, and send and receive text messages using a virtual mobile phone number based on VoIP (“virtual number“), which is in addition to the primary mobile number on such mobile device. Calls, messages and voicemails are received on and sent from the virtual number(s).  You may subscribe to a domestic virtual number from any of the 50 United States.  Use of the Service requires a data connection. See MNumber FAQs available at https://mobil-tek.com/mnumber-faqs/ for more information of the service.
   
   Operator does not guarantee that the Service will work at all times in every situation. Service may be interrupted or suspended by Operator. Network-based features, including but not limited to, Call Forwarding, No Answer Transfer, and Call Filter are not currently supported by the Service. Calls and messages to/from blocked contacts you may have set on your mobile device will not be blocked in the Service. The Service does not support 411 and 911 dialling.
   
   
2. Fees and Charges. Service provided on prepaid basis, meaning you should have positive balance on your MNumber account (info on the current balance is available on the application).  A monthly fee deducted from your account balance on daily basis pro-rated. Monthly fee includes unlimited incoming and outgoing texts, incoming calls and up to 3000 minutes outgoing domestic calls (within United States). Service currently does not support outgoing calls to destinations outside of the 50 United States, but it is going to be supported soon.  We will publish on our website and in the App the monthly recurring fee which is subject to change from time to time and information of service extenuation beyond United States. The same rates and limitations apply when you access the App within or outside the U.S.  The Service works using any data connection.  Data charges will apply when downloading and using the App when connected to a cellular network and according to your device’s data plan.
   
   
3. Cancellation. You may cancel a virtual number on your Service at any time before the end of the current subscription cycle by selecting the virtual number you want to cancel.  The cancellation will take effect on the next subscription cycle.You will be able to use the virtual number from the time you cancel until the end of the current subscription cycle and will not receive a refund or credit for any remaining days in your current subscription cycle. Your calling, messaging and voicemail history and content will be permanently deleted from the App at the end of the subscription cycle. It is your responsibility to backup any important information from your App prior to such date.
   
   
4. Portability. You may choose to take or “port-out” your virtual number to another carrier.  Operator will treat all porting requests from your new service provider as though you asked us to cancel your Service for that virtual number, even if you have not independently notified us of the porting request.  We will terminate service only after we receive notification from our local exchange carrier that the porting is complete. You acknowledge that transfer times may take longer than usual due to the nature of the Service.  After we terminate service, you won’t be able to use our Service for that virtual number and you will remain responsible for all fees and charges through the end of that subscription cycle, just like any other cancellation.  You won’t be entitled to any refund of any monthly charges for the remainder of the monthly subscription for that virtual number.  The Service does not support transferring in or porting in of any numbers into the Service.
   
   
5. Privacy. Operator may use information about your activity in the Service, subject to our Privacy Policy, which can be found at Privacy.
   
   
6. License and Restrictions on Use. Operator grants to you, and you accept a limited, revocable, non-exclusive, non-transferable license to use software made available for you to access the Service for your personal, non-commercial use on the devices on which the App is installed. You will not, and will not permit anyone else to, sell, resell, distribute, loan, lease, otherwise transfer, copy, delete, record, translate, publish, upload, transmit, export, create derivative works of, make any commercial use of, modify, reverse engineer, decompile, or disassemble the software. You will not, and will not permit anyone else to, alter, disable, or circumvent any digital rights management security features embedded in the software. All rights not expressly granted to you herein are reserved. Operator may revoke this license at any time without notice.  Your use of the Service is also subject to any open-source licenses that form part of the Service as set out in the Open Source Libraries file in the App. 
   
   
7. Branding. All trademarks, service marks, trade names, logos, domain names, and any other features of Operator’s brand are the property of Operator. Operator does not grant any branding rights to you, and you may not remove or alter any copyright, trademark, or other intellectual property notices of the Service.
   
   
8. No Improper or Illegal Use. You agree, represent, and warrant that your use of the Service will be solely for your lawful and proper use and for no other purpose.  Unlawful use of this Service may carry criminal and/or civil penalties. You will not use the Service to stalk, harass, harm, spam, phishing or threaten any person or to engage in deceptive or fraudulent calling practices.  You will also not use the Service for autodialling, telemarketing or call center activity.  You will be solely responsible for any violations of applicable laws and regulations, including but not limited to, the Truth in Caller ID Act.
   
   
9. Emergency 911. Dialling to 911 service is currently does not supported.
   
   
10. Termination. Operator may terminate or discontinue the Service at any time without notice, including if you breach these Terms.
    
    
11. DISCLAIMER OF WARRANTIES. THE SERVICE AND ANY INCLUDED APPLICATION IS PROVIDED BY OPERATOR OR ITS LICENSORS ‘AS IS’, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR CONDITIONS OF ANY KIND, INCLUDING FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU USE THE SERVICE AT YOUR OWN RISK. OPERATOR AND ITS LICENSORS MAKE NO WARRANTIES TO THE ACCURACY, AVAILABILITY, USEFULNESS, COMPLETENESS OF THE SERVICE OR THAT IT WILL MEET YOUR EXPECTATIONS AT ALL.
    
    
12. LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE LIABILITY OF OPERATOR, ITS LICENSORS OR SUPPLIERS FOR DAMAGES FOR ANY CLAIMS THAT YOU MAY HAVE RELATED TO MNUMBER ARE LIMITED TO NO MORE THAN THE PRORATED AMOUNT OF THE SERVICE CHARGES INCURRED DURING THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE OPERATOR, ITS LICENSORS AND SUPPLIERS LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, REPUTATION, LOSS OF BUSINESS, OR COST OF REPLACEMENT SERVICES ARISING OUT OF OR RELATED TO THE USE OF OR THE INABILITY TO USE THE SERVICE IN ANY WAY.
    
    
13. Indemnification. You will indemnify, defend and hold Operator, and its licensors and suppliers harmless from any claims arising out of or relating to your actual or alleged misuse or fraudulent use of the Service or any other actual or alleged breach of these Terms. You are responsible for any costs incurred by Operator or any other party (including reasonable legal fees) in connection with such claims.
    
    
14. Export Control. Use of the Service may be subject to the export and import laws of the Unites States and other countries. You agree to comply with all applicable export and import laws and regulations. By using the Service and/or by downloading the App, you agree that you are not located in, under the control of, or a resident or national of any country, or person, on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department Table of Deny Orders. You also agree that you are not located in a country that is subject to a U.S. government embargo, or that is designated by the U.S. as a terrorist supporting country and you are not listed on any U.S. government list of prohibited or restricted parties. You agree also not to attempt to export or import any encrypted information, materials, hardware or software.
    
    
15. Additional Terms and Conditions Applicable to the MNumber App Downloaded from the Apple App Store. You may only use the App on Apple devices that you own or control, as permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. You and Operator acknowledge that: Apple is not obligated to furnish any maintenance and support services with respect to the App, that Apple and its subsidiaries are third party beneficiaries to these Terms, and that, upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you in its capacity as a third party beneficiary to these Terms. Apple is not responsible for any claims made by you or a third party regarding the App, including intellectual property infringement claims, or your use or possession of the App, including but not limited to (i) product liability claims, (i) any claim that the App fails to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer protection or similar legislation, or (iv) claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty, express or implied. If the App fails to conform to any warranty, you may notify Apple and Apple may, as your sole and exclusive remedy, refund the amount – if any – that you paid Apple for the App.
    
    
16. Safety. Please do not endanger yourself and others by using the Service while driving or engaging in any other activity that requires your full attention.

Last Updated January 2023