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 Application" or "App" means the proprietary software application provided by MobileXY for accessing its services.
"MobileXY Virtual Number" means a product offered via the MobileXY Application, 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 Application, eSIM, 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 Application, 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 and any other services provided and sold to you by MobileXY.
"Top-Up" means the purchase of a Data Plan or other MobileXY Services by you via the MobileXY Application.
2. GENERAL TERMS
2.1. This Agreement governs the sale and use of the MobileXY Application 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 unauthorized use of our or any third party's intellectual property is strictly prohibited.
2.5. We reserve the right to modify this Agreement at any time. We will notify you of any material changes by posting the updated terms on our website. Continued use of our Services after such changes constitutes your acceptance of the new terms.
2.6. Changes to this Agreement are effective as of the date they are posted, which will be indicated by the "Last Updated" date at the end of this document.
2.7. IF YOU DO NOT AGREE TO THIS AGREEMENT OR ANY SUBSEQUENT REVISIONS, YOU MUST IMMEDIATELY STOP USING THE MOBILEXY APPLICATION, SERVICES, AND PRODUCTS. YOUR CONTINUED USE CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS AGREEMENT.
3. TECHNICAL REQUIREMENTS
3.1. To use the MobileXY Application, your device must support eSIM functionality. You are responsible for verifying your device's compatibility.
3.2. MobileXY Services are for data use as defined by industry standards. Voice calls, SMS (outgoing), and MMS are not supported unless specifically stated otherwise.
3.3. The MobileXY Application only functions on unlocked devices that can use the MobileXY Access Point Name (APN). Please consult our Help Center for configuration guidance.
4. USE OF MOBILEXY APPLICATION, 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 also select a password and provide a valid email address and payment method.
4.2. You are solely responsible for all activities that occur under your account and for the security of your login credentials.
4.3. You must be at least 18 years old to use MobileXY Products and Services.
4.4. We may require you to provide documentation to verify your identity or account details at any time.
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.
4.6. Failure to provide requested documentation may result in the suspension or termination of your account.
4.7. You must notify us immediately of any unauthorized 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 is inactive for 180 consecutive days, we reserve the right to terminate it without prior notice or refund.
4.11. SPECIFIC TERMS FOR MOBILEXY VIRTUAL NUMBERS:
a) Virtual Numbers can be purchased using the in-app currency (XYPoints) or other specified methods.
b) Virtual Numbers are for receiving SMS only. Any other use constitutes a material breach of this Agreement. In such an event, MobileXY may, at its sole discretion:
i. Suspend or terminate your account and all Services.
ii. Charge you a contractual penalty of £850 (eight hundred and fifty British Pounds) for each breach. You authorise us to deduct this amount from your registered payment method.
c) MobileXY is not liable for any damages you suffer as a result of actions we take due to your breach.
d) You are solely responsible for ensuring your use of a Virtual Number complies with the terms of any third-party services. We are not liable for any penalties imposed by such third parties.
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 via email to activate your eSIM profile.
5.3. Data 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. You may opt-in to Automatic Recurring Billing for your Data Plans.
5.7. Automatic payments may be taken based on data usage (e.g., when below 30%) or plan expiry dates.
5.8. You may cancel Automatic Recurring Billing at any time.
5.9. Your first purchase authorises us to automatically charge your payment method for future Top-Ups of the same eSIM.
5.10. 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 promptly.
6.2. Refunds are offered for eligible Services unless explicitly stated as non-refundable at the point of purchase.
6.3. The cost of any Data or Services already used will be deducted from any refund.
6.4. Refund requests must be sent to support@mobilexy.com. Requests sent to our payment processors will not be accepted.
6.5. Refund requests will be reviewed within 15 business days and processed to your original payment method.
6.6. Refunds for amounts of £10 or less will be issued as in-app credit (XYPoints).
7. XYPOINTS LOYALTY PROGRAM
7.1. MobileXY may offer a loyalty program called "XYPoints" which allows you to earn and use points for purchasing our Products and Services.
7.2. XYPoints can only be used within the MobileXY Application.
7.3. XYPoints can be earned through purchases or participation in marketing promotions.
7.4. XYPoints are non-refundable and cannot be exchanged for cash.
7.5. We may refund XYPoints in cases of technical faults reported in a timely manner.
7.6. Any XYPoints in your account will be forfeited if your account is terminated due to a breach of this Agreement.
7.7. PLEASE NOTE:
a) XYPoints expire 12 months from the date they are earned or purchased.
b) A £0.50 security payment may be required upon your first use of bonus XYPoints to prevent fraud. This payment will be added to your XYPoints balance.
c) This security payment does not count towards any promotional programs.
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.
8.2. To use our Services in compliance with all applicable laws and regulations.
8.3. Not to use our Services for any purpose other than as intended and permitted.
8.4. Not to copy, reverse engineer, or modify the MobileXY Application or any of our software.
8.5. Not to use our Services for any unlawful, fraudulent, or harmful purpose, including spamming, distributing malware, or interfering with our networks.
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.
9.2. We may close accounts we suspect of fraudulent or malicious activity.
9.3. We will terminate your account if you misuse our Services, provide false information, or breach this Agreement.
9.4. Failure to pay fees or fraudulent chargebacks will result in account suspension and may be reported to credit agencies and law enforcement.
9.5. We will cooperate with law enforcement and may disclose your information if legally required. We are not liable for any consequences of such disclosure.
9.6. We are not liable for any losses you incur as a result of us taking action against you for your breach of this Agreement.
10. NO WARRANTIES
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OUR SERVICES ARE NOT DESIGNED FOR HIGH-RISK ACTIVITIES WHERE FAILURE COULD LEAD TO SERIOUS HARM.
11. LIMITATION OF LIABILITY
11.1. To the maximum extent permitted by law, MobileXY shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or data, arising from your use of our Services, even if we have been advised of the possibility of such damages.
11.2. Our total aggregate liability to you for any and all claims shall be limited to the amount you have paid to us for the Services in the three (3) months preceding the event giving rise to the claim.
11.3. We are not liable for the performance, quality, or availability of the underlying networks of our Network Operators.
11.4. We are not liable for "unsuccessful payments" due to issues with your payment card or bank.
12. GOVERNING LAW AND JURISDICTION
12.1. This Agreement and any dispute or claim arising out of it shall be governed by and construed in accordance with the laws of England and Wales.
12.2. You and we irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of this Agreement.
13. YOUR CONSENT
13.1. By creating an account, you consent to our collection and use of your personal data as described in our Privacy Policy.
13.2. If you do not agree with our terms, please do not use our Services.
13.3. You may request deletion of your account by contacting support@mobilexy.com.
13.4. For more information, please see our Privacy Policy.
14. FORCE MAJEURE
We are not liable for any failure to perform our obligations due to events beyond our reasonable control, including acts of God, war, terrorism, industrial disputes, or failures of our Network Operators.
15. FAIR USE POLICY
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 or termination without refund. Specific Data Plans may have their own Fair Use Policy, which you agree to upon purchase.
16. INTELLECTUAL PROPERTY
All Intellectual Property Rights in the MobileXY Application, Products, and Services are and will remain our exclusive property. Your use of our Services does not grant you any ownership rights. You must not misuse our intellectual property.
17. 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
Last Updated: 25 November 2025