Welcome to MyOwnSIM. These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and innexum (“we,” “us,” or “our”) governing your access to and use of the MyOwnSIM mobile application (“App”) and related services (“Services”).

By downloading, installing, or using MyOwnSIM, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the App.

1. Acceptance of Terms

By creating an account, scanning a QR code to link your CRM system, or otherwise accessing the App, you:

• Confirm that you are at least 18 years of age or have reached the age of majority in your jurisdiction
• Have the legal capacity to enter into a binding agreement
• Are authorized to use the mobile device and SIM card(s) on which the App is installed
• Agree to comply with all applicable laws and regulations in your use of the Services
• Accept our Privacy Policy, which is incorporated into these Terms by reference

2. Description of Services

MyOwnSIM provides an SMS gateway and business communication platform that integrates your Android device with your Customer Relationship Management (CRM) system. The Services include:

2.1 SMS Gateway

Enables two-way SMS communication between your CRM and contacts through your device’s SIM cards, allowing you to send and receive SMS messages via your CRM platform.

2.2 Missed Call Text Back

Automatically detects missed calls and triggers configured text responses from your CRM system to ensure timely follow-up with contacts.

2.3 Smart Dialer

Displays CRM contact information when you receive incoming calls, providing instant access to customer data, notes, tasks, and appointments during conversations.

2.4 Contact Synchronization

Matches phone numbers from your device contacts with your CRM database to provide unified contact management across platforms.

2.5 Multi-SIM Support

Allows configuration and management of dual SIM cards with independent settings for each SIM slot, including support for eSIM.

3. Account Registration and Security

3.1 Account Creation

To use the Services, you must link the App to your CRM subaccount by scanning a QR code provided by your CRM platform. You are responsible for:

• Maintaining the confidentiality of your account credentials and QR codes
• All activities that occur under your account
• Ensuring your CRM account is in good standing
• Notifying us immediately of any unauthorized access or security breach

3.2 Account Restrictions

You agree not to:

• Share your account credentials with unauthorized parties
• Create multiple accounts for fraudulent purposes
• Use the App on devices you do not own or are not authorized to use
• Impersonate another person or entity
• Use automated systems or bots to access the Services

3.3 Account Suspension or Termination

We reserve the right to suspend or terminate your account at our sole discretion if we determine that you have violated these Terms, engaged in fraudulent activity, or misused the Services.

4. Permissions and Device Access

4.1 Required Permissions

The App requires the following Android permissions to function properly:

• SMS Permissions: To read, send, and receive SMS messages on your behalf
• Phone Permissions: To detect calls, read SIM card information, and access call logs
• Contacts Permission: To access your contact list for CRM synchronization
• Notification Permission: To display alerts for incoming messages and calls
• Default Dialer Role: To display CRM information during incoming calls

4.2 Permission Responsibility

By granting these permissions, you acknowledge that:

• The App will access and transmit SMS messages and call information to your CRM system
• You are authorized to share this information with your CRM provider
• You have obtained any necessary consents from message senders and call participants
• Revoking permissions may limit or disable App functionality

5. User Responsibilities and Acceptable Use

5.1 Lawful Use

You agree to use the Services only for lawful purposes and in compliance with:

• All applicable local, national, and international laws and regulations
• Telecommunications regulations in your jurisdiction
• Anti-spam laws, including but not limited to the CAN-SPAM Act, GDPR, and TCPA
• Privacy and data protection laws applicable to your use of the Services

5.2 Prohibited Activities

You agree not to use the Services to:

• Send spam, unsolicited messages, or bulk communications without proper consent
• Transmit harmful, offensive, defamatory, or illegal content
• Violate the privacy rights of others or harvest personal information
• Engage in fraudulent activities, phishing, or identity theft
• Transmit viruses, malware, or any other malicious code
• Interfere with or disrupt the Services or servers
• Reverse engineer, decompile, or attempt to extract source code from the App
• Remove, circumvent, or disable any security features or usage limits
• Use the Services to compete with us or develop a similar product

5.3 Message Content

You are solely responsible for:

• The content of all messages sent through the App
• Obtaining proper consent from recipients before sending commercial messages
• Complying with opt-out requests and maintaining do-not-contact lists
• Ensuring your CRM system is properly configured to comply with applicable laws

6. Carrier and Network Charges

You acknowledge and agree that:

• Standard SMS and voice call charges from your mobile carrier apply to all messages sent and calls made through the App
• We are not responsible for any carrier charges, fees, or data usage incurred
• Message delivery is subject to your carrier’s network availability and policies
• Some carriers may block or limit SMS functionality, which may affect Service performance
• International messaging and calling rates may apply when communicating with contacts outside your country
• You are responsible for maintaining sufficient prepaid balance or postpaid plan limits

7. Service Availability and Performance

7.1 No Guarantee of Uptime

While we strive to provide reliable Services, we do not guarantee:

• Uninterrupted, error-free, or secure access to the Services
• That the Services will meet your specific requirements
• That all SMS messages will be delivered successfully
• That the Services will be compatible with all Android devices or versions
• That third-party CRM integrations will function without interruption

7.2 Maintenance and Updates

We reserve the right to:

• Perform scheduled or emergency maintenance that may temporarily disrupt Services
• Release updates, patches, and new versions of the App
• Modify, suspend, or discontinue any feature or functionality with or without notice
• Require you to update the App to continue using the Services

7.3 Third-Party Dependencies

The Services rely on third-party platforms including:

• Your CRM provider’s API availability and functionality
• Google Firebase Cloud Messaging for push notifications
• Amazon Web Services for backend infrastructure
• Your mobile carrier’s network and SMS delivery systems

We are not responsible for failures, outages, or limitations of these third-party services.

8. Intellectual Property Rights

8.1 Ownership

The App and all associated intellectual property rights, including but not limited to source code, design, graphics, trademarks, and documentation, are owned by innexum or our licensors. These Terms do not grant you any ownership rights to the App or Services.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App solely for your personal or business use in accordance with these Terms. You may not:

• Copy, modify, or create derivative works of the App
• Distribute, sublicense, rent, lease, or sell the App
• Remove or alter any copyright, trademark, or proprietary notices
• Use the App for any purpose not expressly permitted by these Terms

8.3 User Content

You retain ownership of all content you create or transmit through the Services, including SMS messages and call data. By using the Services, you grant us a limited license to transmit, store, and process your content solely to provide the Services.

8.4 Feedback

Any feedback, suggestions, or ideas you provide regarding the App or Services become our property, and we may use them without compensation or attribution to you.

9. Payment and Subscription Terms

9.1 Pricing

Access to MyOwnSIM may require a subscription plan provided by your CRM platform. Pricing, billing cycles, and payment terms are determined by your CRM provider, not by innexum.

9.2 Plan Changes

Your CRM provider may modify subscription plans, features, or pricing at any time. We recommend reviewing your CRM provider’s terms and billing policies.

9.3 No Direct Billing

innexum does not directly bill users for App usage. All payment-related matters should be directed to your CRM provider.

10. Disclaimers and Limitations of Liability

10.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT:

• The Services will be uninterrupted, secure, or error-free
• The results obtained from using the Services will be accurate or reliable
• Any errors or defects will be corrected
• The Services will meet your expectations or requirements

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INNEXUM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages resulting from unauthorized access to or use of your account
• Damages caused by third-party services, including your CRM provider or mobile carrier
• Failed or delayed message delivery
• Any damages exceeding the amount you paid to us (if any) in the 12 months preceding the claim

10.3 No Liability for User Content

We are not responsible for:

• The content of messages sent through the App
• Communications between you and your contacts
• Disputes arising from your use of the Services
• Legal compliance of your messaging practices
• Data stored in or processed by your CRM system

10.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless innexum, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from or related to:

• Your use or misuse of the Services
• Your violation of these Terms or any applicable laws
• Your violation of any third-party rights, including privacy, intellectual property, or contractual rights
• Content you transmit through the Services
• Your CRM system’s actions or policies
• Disputes with your mobile carrier or message recipients

12. Data Privacy and Security

Your use of the Services is also governed by our Privacy Policy. By using the App, you acknowledge that:

• We will collect, use, and share your information as described in the Privacy Policy
• You are responsible for obtaining necessary consents from message recipients and call participants
• You will comply with all applicable data protection and privacy laws
• We implement reasonable security measures but cannot guarantee absolute security
• You are responsible for securing your device and account credentials

13. Termination

13.1 Termination by You

You may terminate your use of the Services at any time by:

• Uninstalling the App from your device
• Unlinking your CRM account from the App
• Requesting account deletion by contacting innexumtech@gmail.com

13.2 Termination by Us

We may suspend or terminate your access to the Services immediately, without prior notice, if:

• You violate these Terms or our Privacy Policy
• We suspect fraudulent, abusive, or illegal activity
• Your CRM account is suspended or terminated
• We discontinue the Services entirely
• Required by law or legal authority

13.3 Effect of Termination

Upon termination:

• Your license to use the App immediately ceases
• We may delete your account data in accordance with our Privacy Policy
• Provisions of these Terms that by their nature should survive termination will remain in effect
• You remain responsible for any obligations incurred prior to termination

14. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Update the “Last Updated” date at the top of these Terms
• Notify you through the App or via email for material changes
• Provide reasonable notice before changes take effect

Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services.

15. Dispute Resolution and Governing Law

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

15.2 Informal Resolution

Before filing any formal claim, you agree to first contact us at innexumtech@gmail.com to attempt to resolve the dispute informally. We will make reasonable efforts to resolve disputes within 30 days.

15.3 Arbitration

Any dispute, claim, or controversy arising from or relating to these Terms or the Services that cannot be resolved informally shall be resolved by binding arbitration in accordance with the rules of [Arbitration Organization]. The arbitration shall take place in [Location], and judgment on the award may be entered in any court of competent jurisdiction.

15.4 Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action, consolidated action, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

15.5 Exceptions

Either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and innexum regarding the Services and supersede all prior agreements or understandings.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

16.6 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated herein.

16.7 Language

These Terms are written in English. Any translations are provided for convenience only. In case of conflict, the English version shall prevail.

17. Contact Information

If you have questions, concerns, or requests regarding these Terms, please contact us:

• Email: innexumtech@gmail.com
• Company: Innexum OÜ
• App Name: MyOwnSIM