Terms of Service

These Terms of Service ("Terms") are a binding agreement between Mulberry Inc. ("Mulberry", "we", "us") and the entity or person that opens an account ("Customer", "you").

By opening an account or using the Services you accept these Terms. If you are accepting on behalf of an organisation, you confirm you have authority to bind it.

1. The Services

Mulberry provides: (a) Number Services — allocation and use of virtual telephone numbers for messaging; and (b) AI Services — AI and language-model related services enabled for your workspace. Together, the "Services".

The Services are provided for business use only. They are not offered to consumers, and you confirm you are acting for purposes relating to your trade or profession.

2. Eligibility and verification

You must be at least 18 and legally capable of contracting.

Verification is a condition of service, not a formality. Before any number is activated we will verify your identity and, where you are an organisation, your legal existence, registration details, registered address and beneficial ownership. We may require government-issued identification, a registry extract, proof of address, or region-specific declarations. Certain regions impose additional documentary requirements set by the local regulator or carrier; we will tell you what these are before you rent.

We screen you, your beneficial owners and your affiliates against applicable sanctions lists (including OFAC, EU, UK HMT and UN lists) at onboarding and on an ongoing basis. We will refuse or terminate service to sanctioned parties, and to persons in Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk or Luhansk regions.

We may suspend or refuse an account at our discretion where verification fails, information is inconsistent, or risk indicators are present.

3. Telephone numbers: what you get, and what you don't

3.1 No ownership. Telephone numbers are a public resource administered by national regulators and allocated through carriers. You do not purchase, own or acquire any property right in any number. You receive a non-exclusive, non-transferable right to use an allocated number for as long as your rental is active and these Terms are complied with.

3.2 Reclamation. We may reclaim, change or discontinue a number where: (a) your rental lapses or payment fails; (b) a regulator, carrier or upstream provider requires it; (c) the number is unused for a period that triggers regulatory "use it or lose it" rules; (d) you breach the Acceptable Use Policy; or (e) required by law. Where practicable we give notice; where a regulator, carrier or an urgent abuse matter requires immediate action, we may act without notice.

3.3 Regional rules. Numbers in some regions may only be used by an entity with a local presence, for a specified purpose, or after registration of an end user. You are responsible for the accuracy of any declaration you make to obtain a number. Providing false information to obtain a number is a material breach and, in many jurisdictions, an offence.

3.4 Porting. Where the relevant regime provides for number portability, you may port an eligible number out on written request, provided your account is in good standing and all sums are paid. We do not charge to port out.

3.5 Emergency services. Mulberry numbers do not support emergency calling. You must not represent to any person that a Mulberry number can be used to reach emergency services, and you must inform your own end users of this limitation.

4. Messaging compliance

You are the sender. You are responsible for having a lawful basis and, where required, documented prior consent for every message you cause to be sent. You must comply with all applicable messaging law and carrier rules, including as applicable the TCPA and CTIA guidelines and 10DLC / toll-free registration requirements in the United States, CASL in Canada, the GDPR and ePrivacy rules in the EEA and UK, and equivalent rules elsewhere.

We automatically honour STOP, UNSUBSCRIBE and HELP keywords. We may block, throttle or refuse traffic that is unregistered, that carriers flag, or that shows abuse signals. Blocked traffic is not billed.

5. AI Services

5.1 Your inputs and outputs. You retain all rights in the content you submit ("Inputs") and, as between you and us, in the content returned ("Outputs"). You grant us only the licence necessary to operate the Services.

5.2 No training. We do not use your Inputs or Outputs to train any model.

5.3 Additional policies. Specific AI capabilities may be subject to additional usage policies, which we notify to you when we enable them. A breach of those policies is a breach of these Terms.

5.4 No reliance. AI Outputs may be inaccurate. They are not professional advice. You must not use the AI Services as the sole basis for decisions with legal, financial, medical, safety or employment consequences without competent human review.

6. Acceptable use

You must use the Services lawfully and only for your own business. In particular you must not: use a number to receive verification codes for accounts on third-party platforms; bypass anyone's identity checks, OTP or anti-fraud controls; resell anonymous or shared number access to end users; or send unlawful, fraudulent or unsolicited traffic. Breach may result in immediate suspension or termination without refund, reclamation of numbers, and referral to law enforcement or the relevant regulator.

7. Fees, billing and taxes

7.1 A new number is charged $25 up front, covering setup and the first month of service. From the second month, each number renews at $5 per month, billed monthly. Current rates are published at mulberry.fit/pricing and apply to all customers. AI Services are enabled and priced per workspace by our support team.

7.2 All fees are in US dollars and exclusive of taxes. You are responsible for any VAT, GST, sales, use, telecommunications or similar taxes and regulatory surcharges, which we may collect and remit where required.

7.3 Payment is by card, processed by our payment processor; we do not store full card numbers.

7.4 Failed payment. If a charge fails we will retry and notify you. If an invoice remains unpaid for 14 days we may suspend the Services; after 30 days we may terminate and reclaim your numbers. Reclaimed numbers cannot be guaranteed to be recoverable.

7.5 Billing disputes. Raise any dispute within 30 days of the invoice date at billing@mulberry.fit. We will not treat an amount as overdue while it is under good-faith dispute.

7.6 Price changes. We may change published rates on 30 days' notice. Changes do not apply to the current billing period.

8. Term, cancellation and suspension

8.1 These Terms run until terminated. You may cancel at any time in the dashboard; your plan runs to the end of the paid period and does not renew.

8.2 Suspension. We may suspend the Services immediately where: there is a suspected AUP breach; there is a security or fraud risk; a carrier, regulator or upstream provider requires it; or fees are overdue. Where we can safely do so, we will tell you why and what to fix.

8.3 Termination for cause. Either party may terminate for material breach not cured within 14 days of notice. We may terminate immediately, without cure, for AUP breaches in the "Zero tolerance" category.

8.4 On termination. Numbers are released. Access ends. We will make your data available for export for 30 days, after which we delete or anonymise it in line with the Privacy Policy.

9. Confidentiality

Each party will protect the other's non-public information with at least reasonable care and use it only to perform under these Terms. Excludes information that is public, independently developed, or lawfully received from a third party. Disclosure compelled by law is permitted, with notice where lawful.

10. Data protection

Where we process personal data on your behalf, we act as processor and you as controller, and we process it only on your documented instructions. For your account, billing and verification data we act as controller — see the Privacy Policy.

11. Warranties and disclaimers

We warrant that we will provide the Services with reasonable skill and care.

Except as expressly stated, the Services are provided "as is". To the maximum extent permitted by law we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Services will be uninterrupted or error-free, that any number will remain available, or that AI Outputs will be accurate.

12. Limitation of liability

Neither party excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything that cannot lawfully be excluded.

Subject to that: (a) neither party is liable for indirect, special, incidental, consequential or punitive damages, or for loss of profit, revenue, data, goodwill or anticipated savings, however arising; and (b) each party's total aggregate liability arising out of or in connection with these Terms is limited to the total fees paid by you in the 12 months before the event giving rise to the claim.

Nothing in this clause limits your obligation to pay fees due, or your liability under clause 13.

13. Indemnity

You will indemnify and hold us harmless against all claims, losses, fines and reasonable costs arising from: (a) your breach of the Acceptable Use Policy; (b) content you send or cause to be sent through the Services; (c) any false or misleading information you provide to obtain a number; (d) your failure to obtain a required consent; or (e) your breach of applicable messaging, telecommunications, sanctions or data protection law.

14. Force majeure

Neither party is liable for failure to perform caused by events beyond its reasonable control, including carrier or upstream provider failure, regulatory action, war, natural disaster, or large-scale internet or power failure.

15. Changes

We may amend these Terms on 30 days' notice by email and by posting the updated version. Material adverse changes give you the right to terminate without penalty before they take effect. Continued use after the effective date is acceptance.

16. Governing law and disputes

These Terms are governed by the laws of the place where Mulberry Inc. is established, without regard to conflict-of-laws rules, and the courts of that place have exclusive jurisdiction. Before filing, the parties will attempt in good faith to resolve the dispute by escalation to senior representatives for 30 days.

17. General

Assignment: you may not assign without our written consent; we may assign to an affiliate or successor. Entire agreement: these Terms, together with the policies published on mulberry.fit, are the whole agreement. Severability: an unenforceable clause is severed, the rest survives. No waiver by delay. No partnership or agency. Notices to legal@mulberry.fit and to the email on your account.

Contact: legal@mulberry.fit · Mulberry Inc.