Terms of Service

These Terms of Service ("Terms") govern your use of OTPOCKET ("we," "our," or "us") and our SMS verification services. By accessing or using our services, you agree to be bound by these Terms.

1. Service Description

OTPOCKET provides SMS verification services through public and private SIM card rentals. Our services include:

• Free public SIM cards for general SMS reception
• Private SIM card rentals for secure OTP verification
• Real-time message delivery and viewing
• Payment processing for premium services

2. User Accounts

2.1 Account Creation

To access private SIM services, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials.

2.2 Account Responsibilities

You agree to:

• Provide accurate and up-to-date information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Be responsible for all activities under your account

3. Payment Terms

3.1 Payment Processing

Payments for private SIM services are processed through our verified payment methods. All payments are non-refundable except as specified in our Refund Policy.

3.2 Pricing

Service prices are displayed on our pricing page and may be updated at any time. Current pricing applies to new purchases immediately.

4. Acceptable Use

4.1 Prohibited Activities

You may not use our services to:

• Violate any applicable laws or regulations
• Engage in fraudulent or deceptive practices
• Spam or send unsolicited messages
• Attempt to circumvent security measures
• Interfere with other users' access to services

4.2 Service Limitations

Each private SIM can only be used once per application to prevent abuse. Public SIMs are shared and visible to all users.

5. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information.

6. Service Availability and Limitations

6.1 Service Availability

We strive to maintain high service availability but cannot guarantee uninterrupted access. We reserve the right to modify or discontinue services with reasonable notice.

6.2 Service Level Commitments

We commit to the following service levels:

• Uptime: 99.5% availability (excluding scheduled maintenance)
• OTP Delivery: Within 10 minutes for 95% of requests
• Response Time: Support tickets responded to within 24 hours
• Data Security: Industry-standard encryption and security measures

6.3 Service Limitations

Our services are subject to the following limitations:

• SIM card availability depends on carrier networks and regional coverage
• Service may be affected by third-party carrier outages or maintenance
• Certain countries or regions may have restricted access
• Service quality may vary based on network conditions
• We reserve the right to limit usage to prevent abuse

6A. Limitation of Liability

6A.1 General Limitations

To the maximum extent permitted by applicable law, our liability is limited as follows:

• Total liability shall not exceed the amount paid by you for the specific service
• We are not liable for indirect, incidental, or consequential damages
• We are not liable for losses due to third-party actions or network issues
• We are not liable for business interruption or lost profits

6A.2 Exceptions to Limitations

Limitations do not apply to:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Breach of consumer protection laws where limitation is prohibited
• Data protection law violations where liability cannot be limited

7. Dispute Resolution and Governing Law

7.1 Governing Law by Jurisdiction

These Terms are governed by the following laws based on your location:

• Philippines: Republic Act No. 10173 (Data Privacy Act), Civil Code of the Philippines
• Singapore: Personal Data Protection Act 2012, Singapore Contract Act
• Malaysia: Personal Data Protection Act 2010, Contracts Act 1950
• Thailand: Personal Data Protection Act B.E. 2562, Civil and Commercial Code
• Indonesia: Law No. 27 of 2022, Indonesian Civil Code
• EU/EEA: General Data Protection Regulation (GDPR), applicable EU member state laws
• Other Jurisdictions: Applicable local consumer protection and data protection laws

7.2 Dispute Resolution Process

We follow a structured dispute resolution process:

1. Direct Resolution: Contact our support team first for immediate assistance
2. Internal Review: Escalation to our management team within 5 business days
3. Mediation: Optional mediation through neutral third parties
4. Arbitration: Binding arbitration for disputes exceeding $1,000 USD
5. Court Proceedings: As a last resort, in courts of competent jurisdiction

7.3 Consumer Rights and Protections

You have the following consumer rights:

• Right to Information: Clear, accurate information about our services
• Right to Fair Treatment: Non-discriminatory service provision
• Right to Redress: Effective complaint resolution mechanisms
• Right to Privacy: Protection of personal data and communications
• Right to Safety: Secure and reliable service delivery

7.4 Regulatory Compliance

We comply with applicable regulations including:

• Telecommunications regulations in your jurisdiction
• Data protection and privacy laws
• Consumer protection regulations
• Anti-money laundering (AML) requirements
• Know-your-customer (KYC) obligations

8. Account Termination

8.1 Termination by You

You may terminate your account at any time by contacting our support team.

8.2 Termination by Us

We may suspend or terminate your account if you violate these Terms or engage in prohibited activities.

9. Force Majeure and Unforeseen Circumstances

9.1 Force Majeure Events

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters, pandemics, or public health emergencies
• War, terrorism, civil unrest, or government actions
• Telecommunications network failures or carrier outages
• Power outages, internet disruptions, or infrastructure failures
• Regulatory changes or legal restrictions
• Acts of God or other unforeseeable circumstances

9.2 Mitigation Efforts

In the event of force majeure, we will make reasonable efforts to:

• Notify users of service disruptions as soon as possible
• Implement alternative solutions where feasible
• Resume normal operations as quickly as possible
• Provide appropriate compensation for service failures within our control

10. Changes to Terms

10.1 Notification of Changes

We may update these Terms from time to time. We will notify users of significant changes through:

• Email notification to registered users (30 days advance notice)
• Prominent notice on our platform and website
• In-app notifications for active users
• Updated "Last Modified" date on this page

10.2 Acceptance of Changes

Continued use of our services after the effective date of changes constitutes acceptance of the updated Terms. If you do not agree to the changes, you must discontinue use of our services and may terminate your account.

10.3 Material Changes

For material changes affecting your rights or obligations, we will:

• Provide at least 30 days advance notice
• Highlight the specific changes made
• Offer the option to terminate your account without penalty
• Maintain previous terms for existing contracts where legally required

11. Contact Information and Legal Notices

11.1 General Contact Information

For questions about these Terms or our services, please contact us:

• Support: support@otpocket.app

11.2 Legal Entity Information

OTPOCKET is operated by:

• Company Name: OTPOCKET Technologies Inc.
• Jurisdiction: Philippines

11.3 Regulatory Compliance

We are committed to compliance with applicable laws and regulations:

• Philippines: National Privacy Commission (NPC) registration
• Singapore: Personal Data Protection Commission (PDPC) compliance
• Malaysia: Personal Data Protection Department (PDPD) compliance
• Thailand: Personal Data Protection Committee (PDPC) compliance
• EU: GDPR compliance and EU representative designation

11.4 Service of Legal Process

Legal documents may be served via email to support@otpocket.app. We will acknowledge receipt within 5 business days.