TERMS OF SERVICE
These Terms of Service, together with our Privacy Policy (collectively referred to as the "Agreement"), form a legally binding contract between you, the "User" (also referred to as "you" or "your"), and KINGSLEY AVENUE LTD, a company registered in England and Wales under company number 09955507, with its registered office at Ormond House 26/27 Boswell Street, Suite 2, London, England, United Kingdom, WC1N 3JZ (hereinafter referred to as "MobileXY", "we", "us", or "our").
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OUR SERVICES. BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.
1. DEFINITIONS
"User" means an individual who has created an account with MobileXY and is using or intends to use a MobileXY Product or Service.
"MobileXY Platform" means the MobileXY website and Progressive Web App at mobilexy.com, including any web-based interface or online platform operated by or on behalf of MobileXY through which MobileXY Products or Services may be accessed, purchased or managed.
"MobileXY Virtual Number" means a product offered via the MobileXY Platform, which is a phone number designated for receiving SMS messages only.
"eSIM" means an embedded SIM, a digital SIM that allows you to activate a cellular plan from MobileXY without the need for a physical SIM card.
"MobileXY Products" means, collectively, the MobileXY Platform, eSIMs, MobileXY Virtual Numbers, the XY Coins balance, the referral programme, and any other services or products offered for sale by us.
"Intellectual Property Rights" means all intellectual property rights of any kind, including but not limited to copyrights, patents, trademarks, service marks, trade secrets, database rights, and design rights, whether registered or unregistered, anywhere in the world.
"Data" means mobile data allowances as specified in the data plan you select and purchase from MobileXY.
"Data Plan" means the various data offers available for purchase via the MobileXY Platform, specifying the amount of Data, the validity period, and the price.
"Network Operator" means our partner mobile network operators in whose networks the MobileXY eSIM may be used.
"Service(s)" means the data plans, Virtual Numbers, XY Coins top-ups, and any other services provided and sold to you by MobileXY.
"Top-Up" means the purchase of a Data Plan, XY Coins, or other MobileXY Services by you via the MobileXY Platform.
"XY Coins" means in-app credit that you may earn or purchase and use exclusively within the MobileXY Platform to acquire MobileXY Products and Services.
"Promotional Programmes" means promotional campaigns, promo codes, discounts, referral programmes and any similar incentive programmes offered by MobileXY.
2. GENERAL TERMS
2.1. This Agreement governs the sale and use of the MobileXY Platform and all other MobileXY Products and Services.
2.2. You and MobileXY are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between us.
2.3. Section headings are for convenience only and shall not affect the interpretation of this Agreement.
2.4. MobileXY has a zero-tolerance policy towards the infringement of Intellectual Property Rights. Any unauthorised use of our or any third party's intellectual property is strictly prohibited.
2.5. Changes to this Agreement are effective as of the date they are posted, which will be indicated by the "Effective Date" at the end of this document.
2.6. We reserve the right to modify this Agreement. We will notify you of any material changes at least 30 days before they take effect. If you do not agree to the revised terms, you have the right to terminate your account and receive a pro-rata refund for any unused prepaid services or purchased balances before the new terms apply.
3. TECHNICAL REQUIREMENTS
3.1. To use the MobileXY eSIM Services, your device must support eSIM functionality. You are responsible for verifying your device's compatibility before purchase.
3.2. MobileXY eSIM Services are for data use as defined by industry standards. Voice calls, outgoing SMS, and MMS are not supported via the MobileXY eSIM unless specifically stated otherwise.
3.3. MobileXY Virtual Numbers are for the receipt of inbound SMS only. Outbound SMS, voice calls and MMS are not supported on Virtual Numbers.
3.4. The MobileXY eSIM only functions on unlocked devices that can use the MobileXY Access Point Name (APN). Please consult our Help Centre for configuration guidance.
4. USE OF MOBILEXY PLATFORM, PRODUCTS AND SERVICES
4.1. To use our Services, you must register an account by providing accurate, current, and complete information as prompted in the registration form. You must provide a valid email address and, where applicable, a payment method.
4.2. You are solely responsible for all activities that occur under your account and for the security of your login credentials, including any sign-in links, tokens, or two-factor authentication codes issued to you.
4.3. You must be at least 18 years old to use MobileXY Products and Services. We rely on your self-declaration of age at sign-up.
4.4. We may require you to provide documentation to verify your identity, age, residency, or account details at any time, in particular where required by law or where we have reasonable doubt about your identity or legal capacity.
4.5. You agree not to send original documents unless explicitly requested. MobileXY is not liable for any loss or damage resulting from your failure to comply with this clause. In special cases required by law or competent authorities, we may request notarised or apostilled copies.
4.6. Failure to provide requested documentation may result in the suspension or termination of your account, with no liability on our part for any direct, indirect or consequential damages arising from such suspension.
4.7. You must notify us immediately at support@mobilexy.com of any unauthorised use of your account or any other security breach.
4.8. You are solely responsible for all activities conducted through your account.
4.9. You may request to terminate your account at any time by contacting support@mobilexy.com.
4.10. If your account remains completely inactive for 180 consecutive days, we reserve the right to terminate it. We will send an email warning 30 days prior to termination to give you an opportunity to reactivate your account and preserve your remaining balances.
4.11. SPECIFIC TERMS FOR MOBILEXY VIRTUAL NUMBERS
a) Virtual Numbers may be purchased using XY Coins or by topping up your balance through any available payment method.
b) Virtual Numbers are for receiving SMS only. Any other use, including without limitation use for voice, MMS, outbound SMS, automated systems, bulk SMS receiving, or any commercial mass-messaging arrangement, constitutes a material breach of this Agreement. In such event, MobileXY may, at its sole discretion:
(i) Suspend or terminate your account and all Services associated with it, restrict, suspend or terminate your access to and use of any part of the MobileXY Platform; and/or
с) MobileXY reserves the right to seek compensation for actual damages or losses incurred as a direct result of your breach.
d) MobileXY shall not be liable for any direct, indirect, punitive, incidental or consequential damages you suffer as a result of actions we take due to your breach of this Section.
e) You are solely responsible for ensuring that your use of a Virtual Number complies with the terms and conditions of any third-party service to which you submit the number. We are not liable for any penalties, suspensions, bans, or other measures imposed by such third-party services as a result of your use of a MobileXY Virtual Number. Any risks or consequences arising from such use remain solely your responsibility.
4.12. PROMOTIONAL PROGRAMMES, PROMO CODES AND REFERRAL PROGRAMME
a) Promotional Programmes are provided solely for eligible Users and strictly in accordance with the terms, conditions and limitations applicable to each specific Promotional Programme.
b) Unless expressly stated otherwise in the applicable Promotional Programme rules, Promotional Programmes are intended exclusively for new Users and/or for use within the scope, duration and conditions of a particular promotion.
c) You may participate in Promotional Programmes only in accordance with the applicable rules and limitations established by MobileXY. Any participation beyond the permitted scope or contrary to the applicable rules is not allowed.
d) Without limiting other rights of MobileXY under these Terms, the following actions shall be considered abuse of Promotional Programmes and are strictly prohibited (non-exhaustive list):
(i) creating, using or controlling multiple Accounts by you, directly or indirectly, solely or primarily for the purpose of participating in Promotional Programmes;
(ii) using temporary, fictitious, misleading, third-party or otherwise inaccurate personal, registration or payment data;
(iii) taking any actions aimed at circumventing, bypassing or manipulating the limitations, eligibility criteria, or technical and automated safeguards of any Promotional Programme — including, without limitation, our automated fraud-detection systems for the referral programme;
(iv) sharing IP addresses, devices, payment methods or other identifying signals between referrer and invitee accounts in a manner that suggests coordinated participation;
(v) self-referring, or arranging for an account under your control to refer another account under your control;
(vi) engaging in any other actions or patterns of behaviour that MobileXY reasonably determines to constitute abuse, misuse or violation of the rules of Promotional Programmes.
e) Any violation or attempted violation by you of the rules governing Promotional Programmes shall constitute a material breach of this Agreement. In the event of such breach, MobileXY reserves the right, at its sole discretion and without limitation, to:
(i) immediately suspend or terminate your Account and terminate this Agreement;
(ii) cancel, revoke or invalidate any bonuses, discounts, XY Coins credits, promotional benefits or other advantages obtained by you, whether pending or already paid out, without compensation or reimbursement;
(iii) apply automated detection and void affected referral payouts that are pending settlement, without prior notice.
f) MobileXY shall have the right to independently determine whether your actions constitute a violation or abuse of Promotional Programmes and to apply the measures described in this Section without prior notice to you. The application of the above measures shall not limit MobileXY's other rights or remedies available under this Agreement or applicable law.
g) You may request human review of any automated decision made under this Section by contacting support@mobilexy.com. We will respond to such requests within a reasonable time.
5. PAYMENTS, FEES AND TOP-UP
5.1. Your eSIM is not preloaded with data. You must purchase a Data Plan separately.
5.2. After payment, you will receive a QR code (or one-tap installation link) via email and through your account dashboard within 10 minutes to activate your eSIM profile.
5.3. Data, Virtual Numbers and other Services are activated only after we have received full payment.
5.4. Your eSIM will be active in the countries specified in your chosen Data Plan.
5.5. All payments for Services must be made in advance via Top-Up.
5.6. A fee for generating a new QR code may apply and is non-refundable.
6. REFUND POLICY
6.1. You may request a refund for unused Services within 14 days of purchase. Refund requests made after this period will not be processed, except in cases of confirmed technical faults that were reported to us within forty-eight (48) hours of occurrence.
6.2. Refunds are offered for eligible Services unless explicitly stated as non-refundable at the point of purchase. Such indications at the point of purchase shall take precedence over this Section.
6.3. The cost of any Data, Virtual Number subscription periods, or Services already used will not be refunded.
6.4. Refund requests should be sent directly to support@mobilexy.com. We kindly request that users contact our support team first to resolve any transaction issues directly before opening a dispute with their payment provider.
6.5. Eligible refund requests will be reviewed and processed within five (5) business days to your original payment method.
6.6. All refunds go straight back to the original payment instrument used during checkout.
6.7. XY Coins are non-refundable to cash and cannot be exchanged for fiat money or any other form of external payment, except where required by applicable consumer-protection law.
7. XY COINS LOYALTY PROGRAMME
7.1. MobileXY offers a loyalty programme called "XY Coins" which allows you to earn and use credit for purchasing our Products and Services.
7.2. XY Coins may only be used within the MobileXY Platform and only for purchasing MobileXY Products and Services.
7.3. XY Coins may be earned by purchasing them via the MobileXY Platform using any available payment method, or by participating in Promotional Programmes (including the referral programme).
7.4. XY Coins are non-refundable to cash and cannot be exchanged for cash.
7.5. We may, at our discretion, refund XY Coins in cases of confirmed technical faults of the MobileXY Platform, which must be notified to us within forty-eight (48) hours at support@mobilexy.com.
7.6. In the event of account termination due to a material breach, any promotional or bonus XY Coins will be forfeited. Any purchased, fiat-backed XY Coin balances will be evaluated against the financial damages caused by the breach, and any remaining balance not required to cover losses will be refunded to the original payment method.
7.7. PLEASE NOTE:
(a) XY Coins earned via promotional activities or referral bonuses expire twelve (12) months from receipt. XY Coins explicitly purchased with fiat currency do not expire. We will notify you via email 30 days prior to the expiration of any promotional credits.
(b) We may require a security micro-payment of £0.50 (fifty pence) on your first use of bonus XY Coins (i.e., XY Coins received as a referral payout, promo, or gift) to validate the legitimacy of your account and prevent fraudulent use. This security payment will be added to your XY Coins balance and shall not be deemed as a Service purchase.
(c) The £0.50 security payment shall not be taken into account when calculating bonuses in Promotional Programmes.
8. USER OBLIGATIONS
By using our Services, you agree:
8.1. To authorise MobileXY and its payment processors to handle your payment information in accordance with their security policies and our Privacy Policy.
8.2. To use our Services in compliance with all applicable laws and regulations, including but not limited to data protection, consumer protection, anti-spam, anti-fraud, and telecommunications regulations of your country of residence and any country in which you use the Services.
8.3. Not to use our Services for any purpose other than as intended and permitted by this Agreement.
8.4. Not to copy, reverse engineer, decompile, modify or attempt to extract the source code of the MobileXY Platform or any of our software.
8.5. Not to use our Services for any unlawful, fraudulent, or harmful purpose, including spamming, distributing malware, phishing, transmitting viruses or other technologically harmful, destructive, malicious or offensive material, or interfering with our networks or systems.
8.6. Not to be subject to any sanctions or other legal restrictions in using MobileXY Products and Services enacted by any country, international organisation or jurisdiction.
8.7. To provide MobileXY and its payment service providers with accurate payment information and to authorise the collection, operation, verification, storage and processing of your credit card and other payment method information.
8.8. To ensure that any Virtual Number you rent is used only for the receipt of SMS addressed to you personally and not for redistribution, resale or any commercial messaging arrangement.
9. LIABILITY AND TERMINATION
9.1. If you breach this Agreement, we may, at our discretion, suspend or terminate your account and access to our Services without prior notice.
9.2. We may close accounts we suspect of fraudulent or malicious activity, including without limitation accounts displaying patterns consistent with chargeback fraud, Promotional Programme abuse, identity misrepresentation, or coordinated multi-account activity.
9.3. We will terminate your account if you misuse our Services, provide false information, or breach this Agreement in a manner not remedied within a reasonable period after notice (where such notice is required).
9.4. Failure to pay fees or processing a fraudulent chargeback will result in immediate account suspension and termination of this Agreement. MobileXY reserves the right to recover outstanding balances through standard lawful collection methods.
9.5. We will cooperate with law enforcement and may disclose your identity and contact details where required by a valid legal obligation, court order, or applicable law, strictly in accordance with our Privacy Policy and the UK Data Protection Act 2018.
9.6. We reserve the right to temporarily freeze your account and suspend access to your account balance where your account exhibits patterns consistent with fraud or systemic abuse, pending a formal support review.
9.7. We are not liable for any losses you incur as a result of us taking action against you for your breach of this Agreement, including suspension of services, withholding of refunds, or forfeiture of XY Coins.
10. NO WARRANTIES
EXCEPT AS EXPLICITLY PROVIDED UNDER THE UK CONSUMER RIGHTS ACT 2015 OR OTHER APPLICABLE CONSUMER LEGISLATION, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, QUIET ENJOYMENT, ACCURACY OF DATA, AND QUALITY. WE DO NOT WARRANT THAT THE MOBILEXY PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. OUR SERVICES ARE NOT DESIGNED FOR HIGH-RISK ACTIVITIES WHERE FAILURE COULD LEAD TO SERIOUS HARM, AND WE DISCLAIM ANY WARRANTY OF FITNESS FOR SUCH HIGH-RISK ACTIVITIES.
11. LIMITATIONS OF LIABILITY
11.1. To the maximum extent permitted by law, MobileXY shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or any loss of profits, revenue, business opportunities, data or goodwill, arising from or in connection with your use of our Services, even if we have been advised of the possibility of such damages.
11.2. Subject to your statutory rights under the UK Consumer Rights Act 2015, our total aggregate liability to you for direct, foreseeable losses arising from our failure to provide the Services with reasonable care and skill shall be limited to the total amount paid by you for the specific Service giving rise to the claim.
11.3. We are not liable for the performance, quality, availability, signal strength, or coverage of the underlying networks of our Network Operators.
11.4. We are not liable for "unsuccessful payments" charged from your payment method where the unsuccessful payment is caused by: expired or incorrect card number, the card being declined based on location, insufficient funds on the card, the card being over its limit, the card being blocked by your bank's fraud system, or other errors on the side of you or your bank.
11.5. We are not liable for any actions, penalties, suspensions, bans, or other measures imposed by third-party services (including but not limited to social networks, messaging apps, financial services, or marketplaces) as a result of your use of a MobileXY Virtual Number, eSIM or other Service.
11.6. Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be lawfully excluded or limited under English law.
12. GOVERNING LAW AND JURISDICTION
The courts of England and Wales shall have jurisdiction to settle any dispute. However, if you are a consumer resident in Scotland, you may also bring proceedings in the Scottish courts; if you are a consumer resident in Northern Ireland, you may also bring proceedings in the Northern Irish courts.
13. YOUR CONSENT
13.1. By creating an account, you consent to our collection, processing, use, and retention of your personal data as described in our Privacy Policy.
13.2. If you do not agree with our Terms or Privacy Policy, please do not use our Services.
13.3. You may request deletion of your account at any time by contacting support@mobilexy.com.
13.4. For more information about how we handle your personal data, please see our Privacy Policy.
14. FORCE MAJEURE
14.1. We shall not be liable for any failure to perform our obligations under this Agreement where such failure results from events beyond our reasonable control, including without limitation:
(a) compliance with any requirement of applicable law, regulation, or judicial order;
(b) acts of God, fire, explosion, flood, strike, embargo, terrorist attack, war, insurrection, riot, or pandemic;
(c) shortage of, or inability to obtain, appropriate labour, fuel, power, raw materials, or telecommunications capacity;
(d) any failure, outage, or malfunction of equipment, software, or services provided by a third party (including upstream Network Operators or eSIM provisioning providers);
(e) any other cause beyond the reasonable control of MobileXY (each, a "Force Majeure Event").
15. FAIR USE POLICY
15.1. We expect you to use our Services fairly. Excessive data usage, as determined by us in our reasonable opinion, constitutes abuse and may result in service suspension, throttling, or termination without refund. Specific Data Plans may have their own Fair Use Policy, which you agree to upon purchase.
15.2. For Virtual Numbers, fair use means the receipt of SMS addressed to you personally for ordinary personal, account-verification or communication purposes. Use of a Virtual Number to receive bulk traffic from automated systems, or as part of a commercial inbound messaging service, is not fair use and is prohibited.
16. INTELLECTUAL PROPERTY
16.1. All Intellectual Property Rights in the MobileXY Platform, Products, and Services are and will remain our exclusive property, or that of our licensors. Your use of our Services does not grant you any ownership rights. You must not misuse our intellectual property.
16.2. You shall not copy, adapt, reverse engineer, decompile or attempt to modify or copy the source code of the MobileXY Platform or any other MobileXY Products and Services. Any such attempt will be considered a violation of intellectual property rights and may result in prosecution.
17. ACCEPTABLE USE POLICY
17.1. The MobileXY Platform, Products and Services may only be used in accordance with this Acceptable Use Policy, which forms an integral and binding part of these Terms.
17.2. You shall NOT use the MobileXY Platform, Products and Services to engage in, facilitate, or attempt to engage in any of the following activities:
(a) sending or facilitating spam, unsolicited bulk email, unsolicited advertisement or promotional information;
(b) transmitting or distributing a virus, worm, trojan, ransomware, or other technologically harmful, destructive, malicious, spying or offensive material, programmes or codes;
(c) collecting or harvesting personal data of other Users or of third parties without their consent;
(d) posting, sharing, or transmitting any content which is unlawful, defamatory, obscene, fraudulent, infringes intellectual property rights, or breaches privacy rights;
(e) impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
(f) attempting to gain unauthorised access to any part of the MobileXY Platform, our servers, or any related systems or networks;
(g) interfering with or disrupting the operation of the MobileXY Platform, our servers, or any related systems or networks, including by submitting deliberately malformed requests, overloading our infrastructure, or probing for vulnerabilities outside of any authorised disclosure programme;
(h) using a Virtual Number to receive SMS on behalf of a third party for commercial gain, or as part of a numbering inventory resold or redistributed to others;
(i) using our Services in any way that is intended to evade or circumvent the regulatory requirements of any jurisdiction, including without limitation telecommunications licensing, anti-money-laundering, sanctions or export-control rules;
(j) using our Services in connection with any activity that we reasonably determine to be illegal, harmful, abusive, or contrary to public morals.
17.3. You acknowledge and accept that we may, at any time and in our reasonable opinion, audit your use of the Services for compliance with this Acceptable Use Policy and may suspend, restrict or terminate your access where we find that you are or have been in breach.
17.4. You shall be liable for any damages caused to MobileXY, to other Users, or to third parties as a result of your breach of this Acceptable Use Policy.
18. CHANGES IN REGULATION
18.1. You acknowledge that regulators of telecommunications networks, payment systems, or other competent legal bodies may impose regulations on our Services or our underlying providers. If new regulations are imposed upon MobileXY, you acknowledge that we are authorised to make changes to this Agreement that reflect the new regulations and to post such changes via the MobileXY Platform without prior individual notice to you.
19. SEVERABILITY
19.1. If any term, condition or provision of this Agreement, or part of any term, condition or provision, is held to be illegal, invalid, or otherwise unenforceable, or becomes illegal, invalid or unenforceable due to changes in applicable law, the remaining provisions (or portion of the term, condition or provision) shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law.
20. CONTACT US
If you have any questions about this Agreement, please contact us at:
KINGSLEY AVENUE LTD
Ormond House 26/27 Boswell Street, Suite 2, London, England, United Kingdom, WC1N 3JZ
Email: support@mobilexy.com
Website: https://mobilexy.com