MoneySMS App – Terms of Use
TelQ Telecom GmbH
MoneySMS App (as defined in Section 1) is owned and operated by TelQ Telecom GmbH, with its seat at Neuer Wall 71, 20354 Hamburg, Germany, company number HRB 144036, tax ID number DE 309 462 953.
By accessing, downloading, using or attempting to use MoneySMS App, you enter into a legally binding contract with TelQ and you agree to these Terms of Use, the Privacy Policy, the Cookie Policy, and any supplemental terms, documents or linked terms expressly referenced in this Agreement.
Where you access the MoneySMS App through any third-party app store or distribution platform, that provider's terms and conditions or end-user licence agreement will also apply to you in addition to this Agreement.
All of the terms set out in this Agreement are important. If you do not agree with any part of them, please:
• do not use the MoneySMS App or any part of it;
• do not download the MoneySMS App;
• do not access the MoneySMS App; and
• if you have already created a User account, stop using the MoneySMS App immediately and/or delete your User account.
By accepting this Agreement, you represent and warrant that the information you provided to TelQ when opening your User account is true, accurate and complete to the best of your knowledge.
1. DEFINITIONS
Active — in relation to your User account, has the meaning given in Section 4.1.
Agreement — the contract comprising these Terms of Use (as amended from time to time under Section 8), the Privacy Policy, the Cookie Policy, and any other terms or documents expressly referenced in or linked from this document.
Content — all MoneySMS App features and technical resources available to Users, including but not limited to information, data, text, photographs, videos, audio clips, software, scripts, graphics and interactive features generated, provided or otherwise made accessible on or through the Platform.
Cookie Policy — the MoneySMS App cookie policy, available here.
Earned Credits — amounts credited to your MoneySMS account as a result of test SMS received on a SIM card registered to your account, test SMS sent from a SIM card registered to your account in accordance with Section 3, test calls received under the Voice Call Testing Service in accordance with Section 5, the referral reward described in Section 6, and any other amounts attributable to your use of the Services, less any amounts already withdrawn.
Effective Date — the date on which these Terms of Use enter into force, as published on the Website.
Intellectual Property Rights — any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection or other intellectual property right, and all similar or equivalent rights or forms of protection, in any part of the world.
Material Amendment — any change to this Agreement that may unfavourably alter your rights or obligations under it, as described in Section 8.
MoneySMS App / Application / App — the Software made available by TelQ in any version, in full or in part, including any updates, upgrades, enhancements, modifications, new features, programs and tools enabling Users to earn money automatically by receiving SMS (and, where the User has opted in, by sending SMS and receiving test calls) generated by TelQ's system and TelQ's customers.
Party / Parties — TelQ and/or the User.
Privacy Policy — the MoneySMS App personal data protection policy, available here.
Promotional Credits — amounts credited to your account as a welcome bonus, the referral-on-registration bonus described in Section 6, or any other promotional incentive granted by TelQ at its discretion, and not earned through use of the Services.
Services — receiving and (where you opt in) sending test SMS on your phone number, receiving automated test calls under the Voice Call Testing Service, and automatically being credited for each such test, in each case in accordance with these Terms of Use.
Software — the mobile app and its updates, upgrades, enhancements, modifications, extensions, new features and possible replacements provided by TelQ, now existing or later developed, and other programs and tools developed in conjunction therewith.
TelQ / we / us — TelQ Telecom GmbH, with its seat at Neuer Wall 71, 20354 Hamburg, Germany, company number HRB 144036, tax ID number DE 309 462 953.
Terms of Use / TOU — the rules set out in this document.
Total Balance — the sum of Earned Credits and Promotional Credits in your MoneySMS account at a given point in time.
User / You — any person other than TelQ that uses, downloads, accesses or attempts to access the App.
User Content — any content provided by the User to the MoneySMS App, including any entered, recorded, stored, used, controlled, modified, disclosed, transmitted or erased information and data.
User Data — data in electronic form input or collected through the Software or App by or from any User (in the broadest possible interpretation of the term), including without limitation personal data (as defined in the Privacy Policy).
Website — the website located at https://moneysmsapp.com/.
Defined words can be recognised throughout this document by the capitalised first letter.
Titles and headings provided in these TOU are for convenience and ease of access only and they will not affect the interpretation of the TOU.
2. WHO CAN USE MoneySMS App?
User Restrictions
MoneySMS App is intended for natural persons who have full legal capacity.
You must be of the age of majority under the law applicable to you (in most jurisdictions, 18 years of age) in order to use the MoneySMS App. By using the MoneySMS App, you represent that you have reached that age. If you have not, please stop using the MoneySMS App immediately.
By entering this Agreement, the User represents and warrants to TelQ that:
• (a) all information provided by the User to TelQ is truthful, accurate and complete;
• (b) the User will comply with all laws and regulations of any applicable jurisdiction with regard to the User's access, use or installation of the Software;
• (c) the User has provided and will provide accurate and complete information as required for access, use of the Services and installation of the Software.
Territorial Restrictions
In general, MoneySMS App and the connected Services are available worldwide. However, if we have a sufficient number of users for a particular network or country, TelQ will not allow more users from that network or country to register until necessity arises again. Therefore, if you did not find your country during registration, it means that MoneySMS App is not available in your country at the moment. Please note that the list of available networks/countries for registration fluctuates on a daily basis.
Comprehensively sanctioned territories
MoneySMS App and the Services are not available to, and may not be downloaded, accessed or used by, any person who is located in, ordinarily resident in, organised under the laws of, or acting on behalf of any government or person of any country, region or territory that is the subject of comprehensive territorial sanctions imposed by the European Union or by the United Nations Security Council (as implemented in the European Union). At the date of these Terms of Use, such territories are:
• the Democratic People's Republic of Korea (North Korea); and
• the non-government-controlled territories of Ukraine, namely the Autonomous Republic of Crimea, the City of Sevastopol and the non-government-controlled areas of the Donetsk, Luhansk, Zaporizhzhia and Kherson regions.
Restricted payout methods
Where a User is a national or resident of a country, region or territory that is subject to EU restrictions on the provision of crypto-asset wallet, account or custody services (at the date of these Terms of Use, the Russian Federation and the Republic of Belarus), TelQ will not pay out Earned Credits or Promotional Credits to that User in crypto-asset form (including in Bitcoin or Litecoin). Such Users may continue to use the Services and to accumulate Earned Credits and Promotional Credits in the ordinary way, and may withdraw any such credits through any non-crypto payment method supported by TelQ from time to time, subject to the other terms of this Agreement.
Listed-person representation
By opening a User account you represent and warrant to us, and undertake to ensure on a continuing basis, that you are not named on the EU Consolidated List of persons, groups and entities subject to financial sanctions, on any UN Security Council sanctions list as implemented in the European Union, or on any other restricted-party list maintained or implemented by the European Union, and that you are not owned (50% or more) or controlled by, and you are not acting on behalf of, any such person.
TelQ may, at any time and without notice, suspend, restrict or terminate the User account of any User who, in TelQ's reasonable judgement, is or becomes subject to applicable EU or UN-implemented sanctions, or whose continued use of the Services would or might reasonably cause TelQ to breach such sanctions, in accordance with Section 17.
Compliance with the Law
It is the User's responsibility to abide by local laws in relation to the legal usage of the Services in their local jurisdiction as well as other laws and regulations applicable to the User (for example, legislation applicable to digital assets transactions). Each User also confirms compliance with all applicable tax regulations.
3. DOWNLOADING THE APP AND EARNING MONEY
Information on MoneySMS App features and how it functions is available here.
Our app is completely free. You do not need to pay anything to get started and there are no hidden fees.
The MoneySMS App is exclusively Android-based because only Android permits applications to access SMS in the way required for our Services. The App is not distributed through the Google Play store: Google's policies on SMS-reading applications do not permit our functionality to be approved for Google Play distribution. To create a User account and earn money, you will need to install the App directly from our Website.
Please see here for instructions on how to download and install the App.
By creating a User account you may receive a welcome bonus, which is a Promotional Credit subject to Section 4.
Keep the App running constantly and have a stable Internet connection. At times Android OS automatically closes some apps, so you need to ensure that MoneySMS App is reopened in such cases. Your main goal is to keep the App always running; our system will see that your phone is available for tests and you will have a greater chance of receiving test messages.
You can request a money withdrawal as soon as your Total Balance reaches EUR 2.00. You will receive your money within 48 hours from the moment you request a withdrawal.
Currently, we support the following payment systems: PayPal, Bitcoin and Litecoin. Please note that we cannot transfer money to your mobile phone, credit card or bank account due to high transaction fees.
All currency-conversion charges, third-party fees, or other tax, duty or levy of any kind, including interest and penalties thereon, whether imposed during the term of the Agreement or after, incurred by the User in relation to the Services shall be the sole responsibility of the User.
Earning money by RECEIVING test SMS to your phone number
You will receive test SMS sent by our system or by our commercial customers via our system. The content of these test SMS is determined by our customers and can vary widely: it may consist of a short numeric or alphanumeric one-time-password code, a transactional notification, marketing text, sender or brand information, a URL or other link, an emoji, or any combination of these. The content of these test SMS does not originate from TelQ, and TelQ does not control or curate it. Please ignore all our test SMS completely and do not reply to any of them. We send these SMS only in order to check whether they have been delivered to your phone and, if so, in what form.
When an SMS arrives on your device, the App performs a local check on the incoming message for the sole purpose of detecting a TelQ test identifier. Only SMS that contain a TelQ test identifier are read by TelQ, forwarded to TelQ's servers and used to update your balance. Personal and private SMS messages — i.e., any SMS that does not contain a TelQ test identifier — are not read by TelQ, are not transmitted to TelQ's servers, are not stored or otherwise processed by TelQ, and are not used by TelQ for any purpose. Once your balance has been updated for a given test SMS, you may delete that test message from your device.
Once you start receiving test SMS sent by us, you are automatically credited with between EUR 0.01 and EUR 0.03 (as Earned Credits) for each received test SMS.
Earning money by allowing us to SEND test SMS from your phone number
You can earn additional Earned Credits by allowing us to send test SMS from your phone number.
Test SMS sent from your phone number may contain a code with random letters or numbers. The content can otherwise include anything, including URLs and other links. The content of test SMS is determined by our customers, who are solely and entirely responsible for that content.
Please ignore all such test SMS completely and do not reply to any of them. We send test SMS from your phone number only for the purpose of Mobile Origination and two-way SMS capability testing. Messages are sent automatically from your phone number to recipients determined by our customers. At present we restrict this to sending test SMS to local mobile phone numbers or short codes. Once your balance has been updated, you may delete the test messages from your device.
If you opt in, you will earn EUR 0.15 (as Earned Credits) per test SMS we send from your phone. Please note that test SMS messages count against your messaging plan, and your carrier may charge applicable rates for each SMS sent from your phone number. Because every network carrier charges a different rate to send an SMS, the costs of SMS sending will vary between networks and between the countries you are sending to and from.
We are not liable or responsible for any expenses or costs you bear for activating or using this functionality of the App. We encourage you to check the applicable SMS rates of your network carrier and decide whether it is profitable for you to opt in. For example, if your carrier charges EUR 0.50 per sent SMS, we will not be liable or responsible for reimbursing you for these costs, and we will pay you only EUR 0.15 per test SMS we send from your phone.
At the moment, we will send tests only to local numbers in your country.
Please note that we will send test SMS from your phone number only if we have your explicit consent. You can opt out at any time by disabling this option in the Settings menu of the App.
Consent to test traffic and undertaking not to report
By creating a User account and using the App you expressly consent, on a continuing basis, to TelQ (and its customers acting through TelQ's testing platform) sending test SMS to your phone number for as long as your User account is active, and to TelQ accessing and processing incoming SMS on your device to the extent necessary to identify TelQ test messages, as described above. Where you opt in to the additional functionalities described in this Section 3 (sending test SMS from your phone number) or in Section 5 (Voice Call Testing Service), your consent extends to that test traffic for as long as the relevant opt-in is enabled.
Because the test SMS (and any related test calls) are sent or received with your express and informed prior consent under this Agreement, you acknowledge and agree that:
• the test SMS and test calls are not unsolicited communications, spam or nuisance traffic;
• you will not report, label, mark or escalate any test SMS or test call sent or received under this Agreement as spam, fraud or nuisance to your mobile network operator, to any law-enforcement, telecommunications or data-protection authority or regulator, to any anti-spam or anti-fraud body, or to any third-party reporting or complaints mechanism; and
• you will not file any complaint, claim or proceeding against TelQ, against TelQ's customers, or against your mobile network operator in respect of the receipt or sending of any such test SMS or test call, provided that the test traffic is conducted in accordance with this Agreement.
If you no longer wish to receive test SMS or test calls under this Agreement, your remedy is to disable the relevant functionality in the App's Settings menu and/or to deactivate your User account in accordance with Section 17.1; this provision does not limit any mandatory statutory rights you may have under applicable consumer-protection or data-protection law.
4. ACCOUNT BALANCE, INACTIVITY, AND EXPIRATION OF CREDITS
4.1 Active accounts
For the purposes of this Section, your User account is "Active" if, within the preceding 18 months, you have signed in to the MoneySMS mobile application at least once. Each sign-in resets the 18-month inactivity period from the date of that sign-in.
4.2 Minimum withdrawal threshold
Earned Credits become eligible for withdrawal once your Total Balance reaches EUR 2.00. Withdrawals are processed in accordance with Section 3. Total Balances below EUR 2.00 may not be withdrawn but remain in your account, subject to the activity and expiration rules in this Section.
4.3 Expiration of Earned Credits on inactivity
If your User account ceases to be Active for a continuous period of 18 months, all Earned Credits in your account expire and are forfeited at the end of that 18-month period. Following expiration of Earned Credits, TelQ may deactivate or close your User account in accordance with Section 17.
Signing in to the MoneySMS App before the end of the 18-month period resets the inactivity period and prevents expiration.
4.4 Notice before expiration of Earned Credits
Where TelQ holds an email address registered to your User account, TelQ will make commercially reasonable efforts to send you a notice approximately 30 days before the scheduled expiration date of your Earned Credits. A notice will also be displayed within the MoneySMS App the next time you sign in. Failure of TelQ to deliver any such notice (for example, because the email address on file is no longer valid) does not extend the inactivity period and does not affect the expiration of Earned Credits under Section 4.3.
4.5 Expiration of Promotional Credits
Promotional Credits expire and are forfeited 90 days after the date on which they are credited to your account, unless your Total Balance reaches EUR 0.75 or more at any point during that 90-day period. For Promotional Credits already in your account on the Effective Date, the 90-day period commences on the Effective Date.
If your Total Balance reaches EUR 0.75 or more during the applicable 90-day period (whether by receipt of Earned Credits, by additional Promotional Credits, or by any combination), the Promotional Credits in your account are treated as Earned Credits from that point forward and are governed by the activity and expiration rules in Sections 4.1 to 4.4.
A Promotional Credit converted to an Earned Credit under this Section 4.5 cannot revert to Promotional Credit status.
4.6 No cash value of expired Credits
Earned Credits and Promotional Credits that have expired under this Section have no cash value, are not refundable, and cannot be reinstated, except where required by applicable mandatory law. TelQ will not be liable to you for the value of any Credits that have expired in accordance with this Section.
4.7 Modifications to this Section
TelQ may from time to time update the definition of "Active", the length of the inactivity period, the conversion threshold for Promotional Credits, or the notice timing in Section 4.4. Any such modification is a Material Amendment within the meaning of Section 8 (Agreement Amendments) and takes effect in accordance with the mechanism in that Section.
5. VOICE CALL TESTING SERVICE
Eligibility and Description
The Voice Call Testing Service ("VCTS") is an additional feature provided through MoneySMS App where Users can earn Earned Credits by receiving automated test calls to their mobile phone. By enabling VCTS, Users consent to allow TelQ to use their phone numbers to receive test calls, which are automatically declined and do not disturb the User.
Compensation for Participation
Users will receive EUR 0.02 as Earned Credits for each incoming call processed by their device (the "Call Compensation"). The Call Compensation amount is subject to change at the sole discretion of TelQ, with appropriate notice to Users. Users can view their earnings and transaction history within the MoneySMS App.
Consent and Operation
By enabling VCTS in the MoneySMS App settings, Users consent to the following:
• Receive automated test calls that the application will automatically decline. These calls will not ring or disturb the User;
• Allow the MoneySMS App to access and manage the User's call logs for the sole purpose of detecting test calls for VCTS;
• Receive compensation for each test call processed as specified in the "Compensation for Participation" section above; and
• Users acknowledge that VCTS may use small amounts of data if connected to cellular networks and may incur minimal battery usage.
Because test calls under the VCTS are received with the User's express and informed prior consent under this Agreement, the User's undertaking in Section 3 (Consent to test traffic and undertaking not to report) applies equally to test calls received under the VCTS. In particular, the User shall not report, label, mark or escalate any such test call as spam, fraud or nuisance to any mobile network operator, regulator, authority or third-party reporting or complaints mechanism, and shall not file any complaint or claim against TelQ, against TelQ's customers, or against the User's mobile network operator in respect of any such test call, provided the test traffic is conducted in accordance with this Agreement. If the User no longer wishes to receive test calls, the User's remedy is to disable the VCTS in the App's Settings menu in accordance with the “Opt-Out and Disabling VCTS” paragraph below.
Privacy and Data Handling
The Voice Call Testing Service will only track the caller ID number and time of incoming test calls. No content of the call (should there be any) will be recorded or monitored, protecting the User's privacy. The MoneySMS App will not process calls from numbers on the User's contact list, ensuring no interference with personal communications.
Opt-Out and Disabling VCTS
Users retain control and may disable VCTS at any time through the MoneySMS App settings, ceasing to participate and to receive Call Compensation. Disabling VCTS will not affect a User's ability to use other aspects of the MoneySMS App or the SMS testing functionality.
Legal and Regulatory Compliance
Users agree to comply with all local laws and regulations concerning receiving calls and telecommunications. Users represent and warrant that their participation in the VCTS does not and will not violate any such laws or regulations.
Changes to the VCTS
TelQ reserves the right to modify, update, or discontinue the Voice Call Testing Service at any time. Notice of any material changes to the VCTS or its terms of participation, including changes to the Call Compensation rate, will be communicated to Users through the MoneySMS App or by email, and is subject to Section 8 (Agreement Amendments) where the change is a Material Amendment.
Termination of VCTS Participation
TelQ may terminate a User's participation in the VCTS for any breach of these Terms, misuse of the MoneySMS App, or any behaviour that is detrimental to the Services, to TelQ or to other Users, in accordance with Section 17. Upon termination of a User's participation in the VCTS, any accrued Call Compensation earnings not yet withdrawn remain available according to the standard withdrawal procedure described in Section 3, subject to Section 4.
Liability and indemnification under the VCTS
The User's liability to TelQ in connection with the User's participation in the VCTS is governed by Section 16 (Indemnification), and the disclaimers and liability limitations in Sections 13 (Disclaimer of Warranties) and 14 (Limitation and Exclusion of Liability) apply to the VCTS in the same way as they apply to the other Services. TelQ is not responsible for the quality of the User's network connection or for any fees that may be charged by the User's mobile service provider in connection with test calls received under the VCTS.
6. REFERRAL PROGRAM
By participating in the Referral Program, the User accepts this Agreement and any further conditions of the Referral Program made available within the MoneySMS App.
The Referral Program enables you and the persons you refer to earn additional credits through the App. You can obtain your unique referral code from the App and share it with others. Each person who uses your referral code during their registration will receive a bonus of EUR 0.25 (a Promotional Credit) upon registration. In addition, you will receive a reward equal to 30% of the amounts your referrals successfully withdraw (an Earned Credit), which will be credited to your balance.
The 30% referral reward only accrues when a User you referred makes their first successful withdrawal, and does not accrue at registration. Your balance will be updated automatically when TelQ processes a withdrawal to a User you referred.
A referral code may only be applied during registration; it cannot be added to a User account after registration is complete.
To receive benefits under the Referral Program, in addition to such conditions, an eligible User must:
• accept the Terms of Use;
• download the App; and
• comply with the User and Territorial Restrictions (as explained in Section 2).
Interaction with Section 4 (Account Balance, Inactivity, and Expiration of Credits)
For the purposes of Section 4:
• (a) the EUR 0.25 bonus granted to the referred User on registration is a Promotional Credit and is subject to the 90-day expiration rule in Section 4.5; and
• (b) the 30% reward credited to the referring User in connection with withdrawals by referred Users is an Earned Credit and is subject to the 18-month inactivity rule in Sections 4.3 and 4.4.
7. CONSENT AND THE SERVICE
The User shall be bound by this Agreement in any of the following situations, whichever occurs first:
• (1) upon creating a User account;
• (2) downloading the Software as a mobile app;
• (3) if the User agrees to or is deemed to have agreed to the Agreement. Any use, access or attempted use of or access to the MoneySMS App shall be deemed agreement; or
• (4) if the User takes part in any Service (for example, the Referral Program).
You acknowledge that TelQ may modify the features and functionality of the MoneySMS App or any part of it at any time during the term of this Agreement, subject to Section 8.
The full list and description of the Services is available on the Website, and the User must check the Content for up-to-date information.
We will make the Services available to you under this Agreement. We will use commercially reasonable efforts to make the MoneySMS App available 24 hours a day, 7 days a week, except (a) during planned downtime (of which we will give advance notice); (b) for any unavailability caused by circumstances beyond our reasonable control, including, for example, a force majeure event; (c) Internet problems outside our control; and (d) bugs in code, hardware or Services without a commercially known fix. Specific Users may experience an inability to use the MoneySMS App because of the suspension or termination of their User account. We cannot guarantee that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
The User shall be solely responsible for providing, maintaining and ensuring compatibility with the Software, including all hardware, software, electrical and other physical requirements for the User's use of the Software, including, without limitation, telecommunications and Internet access connections and links, web browsers or other equipment, programs and services required to access and use the Software.
8. AGREEMENT AMENDMENTS
TelQ may amend these Terms of Use from time to time. Where TelQ considers an amendment to be material – including any change that may unfavourably alter your rights or obligations under this Agreement (a "Material Amendment") – TelQ will present the amended Terms to you within the MoneySMS App and will require your acceptance of the amended Terms before you can continue to use the Services.
If you do not accept a Material Amendment, you may continue to use the Services for a reasonable transitional period of not less than 30 days from the date the amended Terms are first presented to you. After this transitional period, TelQ may restrict your access to the Services until you accept the amended Terms or deactivate your User account in accordance with Section 17.1.
Non-material amendments – such as clarifications of existing wording, corrections of typographical errors, or changes to TelQ's corporate details – take effect on the date they are published on the Website.
This Section does not limit any mandatory statutory rights you may have to reject changes to terms governing your User account.
9. ELECTRONIC COMMUNICATIONS
By accepting these TOU, you agree to this electronic contract. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email or SMS, satisfy any legal requirement that such communications be in writing.
Please note that notifications about any amendment of the TOU under Section 8 (Agreement Amendments), or any material change to the Services or the Agreement, will be sent in accordance with Section 19 (Notices).
Because these are legally required notifications about changes to the Terms or the Services, they are not promotional and you cannot opt out of them while you maintain an account. If you do not wish to receive such notifications, you may terminate the Agreement by deleting your User account in accordance with Section 17.1.
10. INTELLECTUAL PROPERTY
Unless otherwise indicated in the Agreement, the MoneySMS App and the entire Content (including but not limited to the source code, Website and MoneySMS App "look and feel", Website and mobile application copy, images, graphic elements, user interface, audio and video clips, design, databases, logo or other signs, domain, trade name and business name, trademarks or service marks, any customised work and other related materials) are protected by Intellectual Property Rights of TelQ or its affiliates, agents or licensors, as applicable.
Users have only the rights specified under this Section of the Agreement. Users may not acquire any other Intellectual Property Rights under this Agreement. No ownership right may be conveyed to any User, irrespective of the use of terms such as "purchase" or "sale" in the TOU or anywhere on the MoneySMS App.
Any unauthorised use of the App or the Content, in whole or in part, shall be deemed an infringement of TelQ's Intellectual Property Rights. TelQ may pursue any legal remedies available to it to protect its Intellectual Property Rights.
TelQ reserves all Intellectual Property Rights not expressly granted in this Agreement.
If you believe that any material on the Website or in the Services infringes your copyright, please notify us at [email protected]. We will respond to such notices without undue delay.
In consideration of your acceptance of this Agreement, TelQ grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to download, install and use the MoneySMS App and to access and use the Services for your personal use, in accordance with this Agreement and any documentation or instructions made available through the MoneySMS App or the Website. This licence covers all updates, upgrades and new versions of the Software made available to you by TelQ.
Any other use of the App, Software or Services not specifically mentioned in this Agreement, by any User, is forbidden. For example, you may not:
• publish, copy, rent, lease, lend, sell, create derivative works or transfer in any way the Software, Website, Services or any portion(s) of the foregoing;
• distribute, transmit, publish or otherwise disseminate the Software, Website, Services or any portion(s) of the foregoing;
• attempt to access or derive the source code or architecture of the Software or work around any technical restrictions or limitations in the Software;
• reverse engineer, decompile, or disassemble the Software, or attempt to do so;
• when using Internet-based features, use those features in any way that could interfere with anyone else's use of them, or to try to gain access to or use any service, data, account, or network, in an unauthorised manner;
• attempt to probe, scan or test the vulnerability of the Website, Services and/or Software, or any associated system or network, or to breach any security or authentication feature or measure, and, if you are blocked by TelQ from accessing the MoneySMS App or Services (including by blocking your IP address), you will not implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
For the purpose of clarity, Users may not obtain access to source code under the Agreement and should not attempt to do so.
11. ACCEPTABLE USE
To use the MoneySMS App, each User must comply with the following rules of acceptable use:
• the User must provide accurate, complete and up-to-date information at registration and at all times thereafter; the use of a false identity or false contact information is strictly prohibited;
• the User must prevent any other person from using the User's account; use of a single User account by more than one person is prohibited;
• each User may hold only one User account;
• the User may not sell, rent, transfer or otherwise commercialise the User's account;
• the User must maintain the security of the account and the related credentials. The User is responsible for any use of the MoneySMS App through the User's account, whether authorised or unauthorised, except to the extent caused by TelQ's culpable breach of its own duties. If the User becomes aware of any unauthorised use of the User's account, the User must notify TelQ promptly at [email protected];
• the User must not violate the privacy of others, or engage in any unlawful processing of personal data, nor use the MoneySMS App to share inappropriate or unlawful content. The User must not violate any applicable law or regulation in connection with the User's use of the MoneySMS App;
• the User must not access the Services or the Software in order to build a competitive product or service, or to copy any ideas, features, functions or graphics of the MoneySMS App;
• the User must not engage in web scraping or data scraping on or related to the Software, the Website or the MoneySMS App, including the collection of information through any software that simulates human activity, any bot or any web crawler, except as expressly permitted by TelQ in writing;
• the User must not automate access to the Website or the Services, including through the use of APIs, bots, scrapers or other similar devices, except as expressly permitted by TelQ in writing; and
• in any correspondence with TelQ or with personnel acting on behalf of TelQ, the User must not engage in personal attacks, harassment, swearing, discrimination of any kind, or abusive conduct, and must not use such correspondence to disseminate false or misleading information about TelQ, the MoneySMS App or the Services.
We will strive to prevent any activity that may infringe these rules, but we do not undertake to monitor each and every User's activity. Users are fully responsible for all activities that occur under their User accounts or social media accounts.
Breach of any rule under this Section may result in immediate suspension of the use of Services (partially or in full at our discretion) and may result in termination of the Agreement with the User in accordance with Section 17.
12. USER CONTENT AND USER DATA
Users are solely responsible for all User Data and User Content.
TelQ will have no responsibility or liability for the accuracy of data uploaded to the Software by a User, including without limitation User Data and any other data uploaded by Users.
By accepting this Agreement, each User warrants, represents and covenants that the User owns or has a valid and enforceable licence to use all User Content. User Content will not infringe, misappropriate or violate the rights of any person or entity or any applicable law, rule or regulation of any government authority of competent jurisdiction. The User remains the owner of User Content and User Data under the Agreement.
By making User Content available through MoneySMS App, you grant TelQ a non-exclusive, royalty-free, worldwide licence to use that User Content solely to the extent necessary to provide the Services to you, to operate and improve the MoneySMS App and the Services, and to comply with TelQ's legal obligations. To the extent permitted by applicable law, you agree not to assert moral rights you may hold in User Content against TelQ in connection with TelQ's use of User Content under this licence. Nothing in this Section affects any inalienable moral rights that you hold under applicable law.
You are also prohibited from providing false information on MoneySMS App. If you find that information on your profile is no longer accurate, it is your responsibility to edit it or alert TelQ.
TelQ reserves the right to refuse, limit or cancel the Services to a User, terminate User accounts, or remove or edit User Content in accordance with Section 17 and applicable law. When investigating alleged violations of this Agreement, TelQ may review User Content to resolve the issue (such as to prevent harmful or illegal activity). TelQ may also access User Content when providing technical support or when performing other legal obligations under this Agreement.
TelQ has no obligation to monitor all User Content (and will make no attempt to do so) and has no obligation to remove any User Content, save as required by applicable law.
TelQ cannot be held responsible for any loss, damage, expense or other harmful consequence to any User resulting from User Content, save to the extent caused by TelQ's culpable breach of its own duties.
In the event TelQ becomes aware of illegal User Content, activities that infringe anyone's Intellectual Property Rights or personal data or any other right, or activities that infringe the Agreement, TelQ may disable, close, or temporarily or permanently limit access to any User account in accordance with Section 17. To the extent permitted by applicable law and subject to Section 14, TelQ shall not be liable for any loss, damages or undesirable consequence resulting from such action.
For the avoidance of doubt: the MoneySMS App reads only SMS that contain a TelQ test identifier. TelQ does not read, transmit, store or otherwise process your private or personal SMS messages, and the App's access to incoming SMS on your device is used solely to detect TelQ test identifiers and process the associated test results. The technical mechanism by which the App identifies TelQ test SMS, and the fact that messages without a TelQ test identifier are not transmitted to or stored by TelQ, is described in Section 3 (Earning money by RECEIVING test SMS to your phone number). Beyond what is expressly described in this Agreement, the MoneySMS App does not use other data on your device except as set out in the Privacy Policy.
Retention of test results
Test results received from your mobile phone number or SIM are processed by TelQ on behalf of TelQ's commercial customers for the purposes of network testing. Test results are retained for a maximum of 7 years from the date of receipt, after which the data is deleted or fully anonymised. The 7-year retention period reflects TelQ's contractual obligations to make test results available to its commercial customers and TelQ's own commercial, accounting, audit and dispute-resolution needs. Where TelQ acts as a data processor for one of its customers, the customer is the data controller; this is described further in the Privacy Policy.
Retention of identifiers after account deletion
TelQ will delete User Data when you deactivate your User account, subject to this Section. Please note that once you deactivate your User account, you will not be able to register again with the same phone number. This is because we have algorithms that depend on the number of tests received by a user, and if an old phone number looks like a new one, our test results will be affected. Furthermore, we want to prevent abuse of the App's benefits by Users, such as the sign-up bonus. Therefore, we retain a pseudonymous identifier derived from your phone number after deletion of your account for these purposes, on the basis of our legitimate interests in preventing duplicate accounts and abuse (Article 6(1)(f) GDPR). Further detail is set out in the Privacy Policy.
However, if you only delete the App without deactivating your account, once you reinstall the App your account will be active again and you will be able to use the App with the same phone number.
13. DISCLAIMER OF WARRANTIES
Your use of MoneySMS App is at your own risk. The Services are provided on an “as is” and “as available” basis.
Except to the extent expressly stated in this Agreement and except for statutory rights of the User that cannot be excluded or limited under the applicable law, TelQ makes no further express or implied warranties in respect of the MoneySMS App or the Services. In particular, and without limiting your statutory rights, TelQ does not warrant that:
• any Service will meet the User's specific requirements or that it will be “fit for purpose”;
• the MoneySMS App and Services will be uninterrupted, timely, secure, error-free or of satisfactory quality;
• the results that may be obtained from the use of the Services will be accurate or reliable;
• any errors in the Services will be corrected.
TelQ and/or its suppliers make no representations about the suitability, reliability, availability, continuity, timeliness, and accuracy of the Services and App, save as required by applicable law.
14. LIMITATION AND EXCLUSION OF LIABILITY
Subject to the carve-outs below, and to the maximum extent permitted by applicable law, TelQ and/or its suppliers, employees and representatives shall not be liable for:
• (1) any loss, damage, expense or other harmful consequence resulting from anyone's use of, or inability to use, MoneySMS App;
• (2) any installation, implementation, customisation or modification of the Software not carried out by TelQ;
• (3) any failure to apply an available update, service pack, fix or upgrade that would have avoided the harmful event;
• (4) any unauthorised access to the User Content;
• (5) any unauthorised use of any User's credentials.
To the maximum extent permitted by applicable law, in no event shall TelQ and/or its suppliers, employees and representatives be liable for any indirect, punitive, incidental, special or consequential damages, or any damages whatsoever (including, without limitation, damages for loss of use, data or profits, or business interruption) arising out of or in any way connected with:
• the use or performance of MoneySMS App;
• any delay or inability to use MoneySMS App and any Service, including the provision of, or failure to provide, the Services;
• any User's or third-party fraud; or
• any transaction which results in a negative balance on a User's account.
If any of the foregoing limitations are deemed unenforceable, or in the event any liability of TelQ is established, to the greatest extent permitted by law, You agree that the entire aggregate liability of TelQ and the sole remedy available to any User in any case in any way arising out of or relating to the Agreement, the MoneySMS App or the Services shall be limited to monetary damages that in the aggregate may not exceed EUR 100 (one hundred euro).
You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between you and TelQ. You understand that the MoneySMS App and Services would not be provided without such limitations.
Mandatory carve-outs (German consumer law)
The limitations and exclusions in this Section 14 do not apply to, and shall not limit, TelQ's liability for:
• (a) liability under the German Product Liability Act (Produkthaftungsgesetz);
• (b) liability for damages arising from injury to life, body or health caused by an intentional or negligent breach of duty by TelQ or by an intentional or negligent breach of duty by a legal representative or vicarious agent of TelQ;
• (c) liability for other damages caused by an intentional or grossly negligent breach of duty by TelQ or by an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of TelQ; and
• (d) liability for damages caused by a simple-negligent breach of a cardinal contractual duty (i.e., a duty whose performance is essential to the proper performance of this Agreement and on whose observance you may reasonably rely), in which case liability is limited to typical, foreseeable damages.
Some jurisdictions do not allow the limitation of certain damages, so some or all of this limitation of liability may not apply to you, and you may have additional rights. If any portion of this Section is held to be invalid under applicable law, the invalidity of that portion shall not affect the validity of the remaining portions of this Section.
15. FORCE MAJEURE
Neither Party shall be liable for any failure or delay in performing its obligations under this Agreement to the extent that such failure or delay is caused by a circumstance beyond that Party's reasonable control which it could not reasonably have foreseen or avoided, including (without limitation) acts of God, acts of a legislative, executive or judicial authority, war, civil unrest, acts of terrorism, strikes, non-trivial cyber attacks, the failure of a third-party hosting or telecommunications service, Internet failures, or any other event qualifying as force majeure under applicable law.
For the avoidance of doubt, this Section:
• does not derogate from, or limit the application of, any statutory limitation or exclusion of liability; and
• does not limit the amount of, or excuse the User from paying, any fee or other consideration properly owed under this Agreement.
A Party affected by a force-majeure event shall notify the other Party of the event without undue delay and shall use reasonable efforts to mitigate its effects and to resume performance of its obligations as soon as reasonably practicable.
16. INDEMNIFICATION
You are responsible to TelQ for damages incurred by TelQ as a result of your culpable breach of this Agreement, in accordance with applicable law.
In addition, you agree to indemnify and hold TelQ harmless from third-party claims, demands, losses, liabilities or expenses (including reasonable attorneys' fees) brought against TelQ by any third party to the extent arising from your wilful or grossly negligent breach of this Agreement and in particular:
• your use of the MoneySMS App or any part thereof in violation of this Agreement, in violation of an agreement with a third party, and/or any applicable law;
• any third-party claim of infringement of copyright or other Intellectual Property Rights or invasion of privacy arising from hosting User Content, your making User Content available to other Users, and/or the actual use of your User Content by other Users or related Services under the Agreement; or
• any activity related to a User account, whether by you or by any other person accessing your account with or without your consent, unless such activity was caused by the act or default of TelQ.
This Section does not apply to the extent that the relevant claim or damages arise from TelQ's gross negligence or wilful misconduct.
17. TERMINATION
This Agreement shall continue until either:
• you request that your User account be deactivated and deleted; or
• the Agreement is terminated by TelQ in accordance with this Section.
17.1 Termination by User
The User of MoneySMS App may terminate this Agreement by deactivating the User account and uninstalling/deleting the App.
If you want to close the User account please make sure to withdraw any outstanding balance before deactivation. In particular:
• if at the time of deactivation your Total Balance is at or above EUR 2.00, you may request a final withdrawal in accordance with Section 3. If you choose to deactivate before requesting a final withdrawal, any balance above the withdrawal threshold is forfeited at the time of deactivation;
• if at the time of deactivation your Total Balance is below EUR 2.00, the balance is forfeited and has no cash value, because balances below EUR 2.00 are not eligible for withdrawal.
17.2 Termination by TelQ
TelQ may terminate this Agreement and your User account, and may suspend or restrict your access to the Services in whole or in part:
• (a) for any breach of this Agreement by you;
• (b) for any other good cause within the meaning of § 314 BGB; or
• (c) without cause, on 30 days' written notice to you.
Termination for breach or for good cause may take effect immediately and without prior notice.
TelQ reserves the right to investigate suspected violations of the Agreement. TelQ may seek to gather information from the User who is suspected of violating these Terms of Use, and from any other User. If TelQ believes that a violation of the Agreement has occurred, it may edit or modify any submission, posting or email; remove the material permanently; cancel postings; warn Users; suspend Users and passwords; terminate User accounts; or take other corrective action it deems appropriate, in each case in accordance with applicable law. TelQ will cooperate with any law-enforcement authority or court order requesting or directing TelQ to disclose the identity and other available information relating to anyone posting any emails or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
TelQ will send notice of termination to the User via SMS or to the email address the User provided when creating a User account, or such other email address as the User may later provide to TelQ.
TelQ may modify, replace or discontinue (temporarily or permanently) the Services, or any part of them, at any time. Where such a change amounts to a Material Amendment, it is subject to Section 8. If TelQ decides to permanently discontinue the Services, TelQ will provide you with reasonable advance notice via the Website, via the email address associated with your User account or via a notification within the App. Subject to Section 14, TelQ shall not be liable for any loss arising from any temporary or permanent discontinuation of the Services.
17.3 Termination survival
The following provisions will survive termination of this Agreement:
• Section 4.6 (No cash value of expired Credits);
• Section 10 (Intellectual Property);
• Section 13 (Disclaimer of Warranties), Section 14 (Limitation and Exclusion of Liability), Section 15 (Force Majeure) and Section 16 (Indemnification);
• this Section 17.3 (Termination Survival);
• Section 22 (Jurisdiction and Choice of Law; Dispute Resolution);
• Section 23 (No Class Action); and
• any other provision of this Agreement that must survive to fulfil its essential purpose.
18. SEVERABILITY
If any provision of this Agreement is found invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
If any provision of this Agreement violates any mandatory rule of applicable law and proves to be void as a result thereof, such provision shall, for those specific circumstances and only in that particular respect in which it is void, be deemed to have been amended to comply with the law. Any such amendment shall be confined to the minimum necessary to make the provision valid and shall retain as much of its original ambit and meaning as possible.
19. NOTICES
Notices to TelQ shall be sent to TelQ Telecom GmbH, Neuer Wall 71, 20354 Hamburg, Germany, or to [email protected].
TelQ may give notice to a User via the email address associated with the User account, via a notification within the App, or by post or courier to the address provided for that User (if any).
Notices shall be deemed to have been received:
• on the next workday following dispatch, where given via in-App notification or by email; and
• five workdays after dispatch, where given by courier or registered post. "Workday" means a working day at TelQ's registered seat.
20. NO WAIVER
Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
21. LINKS TO THIRD-PARTY CONTENT AND MATERIALS
Where the MoneySMS App or the Website links to, or otherwise enables access to, data, content or services made available by a third party, TelQ has no responsibility for such third-party data, content or services.
Each linked third-party website or service is operated by a separate legal or natural person and is governed by its own terms of use and privacy policy, which may differ materially from those that apply to the MoneySMS App. TelQ has no control over those third-party services or websites and accepts no responsibility for their availability, content, terms of use, privacy practices, or for any products or services offered through them, and TelQ does not endorse or recommend any such third party.
22. JURISDICTION AND CHOICE OF LAW; DISPUTE RESOLUTION
This Agreement and any matter or dispute arising out of or related to the subject matter of the Agreement shall be governed, construed and enforced in accordance with the laws of the Federal Republic of Germany, without regard to its conflict-of-law provisions. Specifically excluded from application to this Agreement is the law known as the United Nations Convention on the International Sale of Goods. Nothing in this paragraph deprives a consumer of the protection of mandatory rules of the law of the consumer's country of habitual residence.
In order to minimise the cost and complexity of dispute resolution, you and TelQ agree to the following dispute-resolution procedure. In the event of any controversy, claim, action or dispute arising out of or related to (i) the Website, (ii) this Agreement, (iii) the Services, (iv) the breach, enforcement, interpretation or validity of this Agreement, or (v) any other matter between you and TelQ (each, a "Dispute"), the Party asserting the Dispute shall first attempt in good faith to resolve it by sending written notice to the other Party (by email, first-class post or registered mail) describing the facts and circumstances of the Dispute (including any relevant documentation) and allowing the receiving Party 30 days in which to respond to or settle the Dispute ("Mandatory Negotiations").
Notice shall be sent:
• (1) if to TelQ, at the address Neuer Wall 71, 20354, Hamburg, Germany; and
• (2) if to you, at your last-used address in your account information or to your residence address (at our full discretion).
If no such address exists, or if delivery to such address is unsuccessful, the notice shall be sent via SMS or to the email address connected to that User's account.
Both you and TelQ agree that this dispute-resolution procedure is a condition precedent that must be satisfied before initiating any dispute resolution or filing any claim against the other Party.
Failing to resolve the Dispute through Mandatory Negotiations, any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be brought before the competent court in the city of Hamburg, Germany. Nothing in this Agreement deprives a consumer of the protection of mandatory rules of the law of the consumer's country of habitual residence, including any mandatory consumer rights to bring proceedings in the courts of that country, where applicable EU or national law provides such rights (in particular Article 18 of Regulation (EU) No 1215/2012 (Brussels I bis)).
This clause shall survive termination of the Agreement.
Notwithstanding the provisions above, TelQ may, at its absolute discretion, assert and seek the protection of its Intellectual Property Rights and rights concerning confidential information or data processing anywhere in the world.
23. NO CLASS ACTION
To the extent permitted by applicable law, and as a condition of using the Software and the Services, you agree that any dispute, claim or cause of action arising out of or in connection with the Software, the Services or this Agreement shall be resolved on an individual basis, and not as part of any class, collective, representative or consolidated proceeding.
The Parties agree that a Party may bring claims against the other Party only in that Party's individual capacity, and not as a plaintiff or class member in any putative class, collective or representative proceeding. Unless both you and TelQ agree otherwise in writing, no court may consolidate more than one person's claims under this Agreement or preside over any form of representative or class proceeding involving claims under this Agreement.
Nothing in this Section limits any mandatory consumer-protection right you may have under applicable law that cannot be waived by agreement, including (where applicable) the right of qualified entities to bring representative actions under Directive (EU) 2020/1828 as implemented in Germany or in the consumer's country of habitual residence.
24. ENTIRE AGREEMENT
This Agreement (as amended from time to time in accordance with Section 8), together with the Privacy Policy and any other terms or documents expressly referenced in or linked from these Terms of Use, constitutes the entire agreement between the Parties relating to its subject matter and supersedes all prior agreements, understandings, representations and communications between the Parties with respect to that subject matter.
In the event of any conflict between a provision of these Terms of Use and a provision of any document expressly referenced in or linked from these Terms of Use, the provision of these Terms of Use shall prevail unless the linked document expressly states otherwise. In the event of any conflict between this Agreement and any statement, representation or other information published on the Website or contained in any other marketing or operational materials, this Agreement shall prevail.
