Terms and Conditions

Tinbo SVN

AGREEMENT AND ACCEPTANCE

These Terms and Conditions (“T&C” or “Terms” or “Agreement”) serve as a binding legal agreement between you (“You/Your”, “Subscriber”, “Customer”) and PLDT Online Inc. and other recognized subsidiaries/affiliates, (collectively as, “PLDT Global Group”, “Company”, “We/Us/Our”), a company established under laws of the British Virgin Islands.

These Terms serve as a basis to define Your rights and responsibilities in using the Tindahan ni Bossing (TINBO) Number Services (otherwise referred to as “Service/s”, “TINBO SVN”, “TINBO SVN Portal”, “Smart Virtual Number/SVN”). There may be instances where You may be using services (the “Third Party Services”) provided or offered by third party content owner (the “Third Party Provider”) who may or may not be our affiliate. In such cases, the use of such service shall be governed by a separate and/or specific agreement(s) between You and the Third Party Provider.

Please carefully read this T&C which governs Your use of the Service/s We offer including, but not limited to matters pertaining to user experience, coverage, and all our legal rights and responsibilities necessary for our mutual interest. You represent that You are of legal age and authorized to enter into contracts under applicable laws. By using the TINBO SVN Service and downloading the TINBO application or by using the TINBO website, You recognize and/or waive any right or requirement under applicable laws requiring non-electronic signatures as a formal requirement to enter into contracts. Otherwise, we request You to immediately cease using the TINBO SVN Services. You also confirm that You are allowed under respective applicable laws to enter into a contract with Us. IN THE EVENT YOU ARE A MINOR (E.G. BELOW 18 YEARS OLD), YOU WARRANT THAT YOU ARE REPRESENTED BY YOUR PARENT OR ANY LEGAL GUARDIAN IN THIS T&C. This Service is intended for international customers and offshore Filipinos. Furthermore, in the event that Your applicable jurisdiction prohibits you from using/availing the Service, You undertake to immediately stop using TINBO.

You express Your full acceptance and conformity to these T&C in any of the following instances regardless of your formal acceptance thereof:

1. You register to and activate any of the Service/s;
2. You enroll to or use any of the Service/s;
3. You click the “Accept” button (or such other links/buttons to that effect) in the TINBO website and TINBO SVN Portal;
4. You submit any electronic signature or Personal Information to Us or our authorized agents;
5. You participate in any of our promotion and/or marketing activities.

PLEASE DO NOT USE OR CONTINUE TO USE, AND STOP USING TINBO IF YOU IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS.

SERVICES

1) SMART VIRTUAL Number SERVICE¹

The TINBO SVN is an internet-based communication service powered by SMART Communications Inc. and designed to pair a virtual Philippine mobile number to Your registered TINBO account. You understand that the TINBO SVN made available on the TINBO SVN Portal is owned, operated, and provided by SMART Communications, Inc.

The TINBO SVN can be availed on the TINBO SVN Portal. It is exclusively designed for offshore Filipinos like You. Your mobile number will serve as your account number in availing the virtual number services.

Other than providing us with your mobile number, there is no need to subscribe to Your local telecommunication service provider as a condition for using the Service. A successfully created TINBO account is a requirement in order to be paired with a virtual number and to access the TINBO SVN Portal. The TINBO SVN Portal can be accessed through any device subject to geographical restrictions and/or the provisions of this T&C. However, You may be required to purchase IDD or SMS subscriptions from Your Third Party Provider to initiate calls and send SMS.

2) SMART VIRTUAL NUMBER SUBSCRIPTIONS

The TINBO SVN enables customers to receive notifications, messages, calls, or other communications through a virtual local mobile number. You understand that You will only be able to receive notifications, messages, calls, and other communications during a valid subscription period (the “Subscription Period”) if and once You are online. If you are offline, You will be notified of any call attempts and receive messages in Your conversations list which may be found in the TINBO SVN Portal.

TO AVOID LOSING YOUR TINBO NUMBER, PLEASE ALWAYS UPDATE/RENEW YOUR SUBSCRIPTION IN ORDER TO CONTINUOUSLY USE/AVAIL THE SERVICES WITHOUT EXPERIENCING INTERRUPTIONS AND/OR OTHER ISSUES.

3) SMART VIRTUAL NUMBER RENTAL

Your use of the TINBO SVN is on a subscription basis and ownership over the same shall remain with Smart.

TINBO also does not, in any way, guarantee that the same TINBO SVN will be assigned for succeeding subscriptions. You understand that TINBO may, in its sole discretion, reassign the TINBO SVN initially assigned to You, at any time, even after your subscription, and Your previous TINBO SVN will be removed and unpaired from your TINBO account once it enters the Pool or Purge Stage in the Virtual Number Lifecycle provided below. Thereafter, a new TINBO SVN shall be assigned to You.

4) SMART VIRTUAL NUMBER LIFECYCLE

The TINBO SVN follows a specific lifecycle and updates the status depending on the state and count of days from when it was first assigned to a TINBO account. The TINBO SVN follows a specific lifecycle depending on the type of subscription, as follows:

• A Free TINBO SVN shall be issued upon successful registration through the TINBO SVN Portal which shall be valid for thirty (30) days.
• A Paid TINBO SVN under a valid subscription shall be valid for the total number of days paid by the user.

The terms may be changed at our sole discretion, but unless otherwise provided in notices made to you through the Platform, or through our Third Party Service Providers, the FREE TINBO SVN (30-day valid) will follow the lifecycle below:

• ACTIVE

The assigned TINBO SVN shall be on ACTIVE status for a period of thirty (30) days (the “Active Period”), starting from Your registration to the Service (Day 1). For avoidance of doubt, the thirty (30)-day period shall be counted inclusive of Day 1.During this Active Period, You will be able to receive calls, SMS, and One-Time PIN (OTP) from any number in the world, subject to terms and conditions of Third Party Providers, as applicable, and to the laws, rules, and regulations of concerned jurisdictions.

-> SVN will only receive incoming SMS for OTP regarding Sim Registration and other info regarding sim reg. In order to fully avail of all SVN features, user must successfully register SVN in the Smart Sim Registration Portal.

• GRACE

The TINBO SVN shall expire after the Active Period, or on Day 31 and shall be put on GRACE status. Your TINBO SVN will remain in GRACE status for four (4) days, inclusive of Day 31, or until Day 34 (the “Grace Period”). During this Grace Period, You will still be able to receive calls, SMS, and One-Time PIN (OTP). To continue using the Services and retain the TINBO SVN assigned to Your TINBO account.

• CALL BARRING

After the expiration of the Grace Period, the TINBO SVN shall be deemed to be in the INACTIVE state, unless the User purchased a TINBO SVN subscription prior to the expiration of the Grace Period. The TINBO SVN shall continue to be in the INACTIVE state for another one hundred eighty days (180) days, inclusive of Day 35, or until Day 214 (the “ Call Barring”).During the Call Barring, all TINBO SVN services such as incoming calls, SMS, and One-Time PINs (OTPs) will be disabled. You may reactivate the Services and retain Your INACTIVE TINBO SVN by purchasing a TINBO SVN subscription.

• POOL

After the expiration of the Inactive Period, the TINBO SVN shall be deemed to be in the POOL state, unless the User purchased a TINBO SVN subscription prior to the expiration of the Call Barring Period. The TINBO SVN shall continue to be in the POOL state for five (5) days, inclusive of Day 215, or until Day 219 (the “ POOL PERIOD”).

During the Pool Period, the assigned TINBO SVN will be removed or unpaired from your TINBO account and may be reassigned to a different User. You understand that should You purchase a TINBO SVN subscription during or after the Pool Period, a NEW TINBO SVN will be assigned to Your TINBO account.

• PURGE ACCOUNT

Upon the expiration of the Pool Period, the TINBO SVN will return to the bottom of our TINBO SVN inventory list and may be paired to another TINBO account. You understand that Third Party Providers may continue to send messages, calls, OTPs, or other communications to the TINBO SVN previously assigned to You and You shall be solely responsible for notifying Third Party Providers of the removal or disconnection of the TINBO SVN from Your TINBO account.

The PAID TINBO SVN will follow the lifecycle below:

• ACTIVE

The assigned TINBO SVN shall be on ACTIVE status for a period of thirty (30) days (the “Active Period”), starting from Your subscription or the renewal of Your subscription to the Service (Day 1). For avoidance of doubt, the thirty (30)-day period shall be counted inclusive of Day 1 (the “Active Period”). During this Active Period, You will be able to receive calls, SMS, and One-Time PIN (OTP) from any number in the world, subject to terms and conditions of Third Party Providers, as applicable, and to the laws, rules, and regulations of concerned jurisdictions.

-> SVN will only receive incoming SMS for OTP regarding Sim Registration and other info in relation thereto. In order to fully avail of all SVN features, user must successfully register SVN in the Smart Sim Registration Portal.

• GRACE

The TINBO SVN shall expire after the Active Period, or on Day 31, and shall be put on GRACE status, unless the User renews the subscription, which shall be valid for another thirty (30) days. Your TINBO SVN will remain in GRACE status for four (4) days, inclusive of Day 31, or until Day 34 (the “Grace Period”). During this Grace Period, You will still be able to receive calls, SMS, and One-Time PIN (OTP). To continue using the Services and to retain the same TINBO SVN assigned to Your TINBO account, You may purchase a TINBO SVN subscription which shall be valid for thirty (30) days.

• CALL BARRING

After the expiration of the Grace Period, the TINBO SVN shall be deemed to be in the CALL BARRING state, unless the User purchased a TINBO SVN subscription prior to the expiration of the Grace Period. The TINBO SVN shall continue to be in the CALL BARRING state for another one hundered eighty (180) days, inclusive of Day 35, or until Day 214 (the “Call Barring Period”). During the Call Barring Period, all TINBO SVN services such as incoming calls, SMS, and One-Time PINs (OTPs) will be disabled. You may reactivate the Services and retain Your INACTIVE TINBO SVN by purchasing a TINBO SVN subscription before the expiration of the Inactive Period, which subscription shall be valid for thirty (30) days.

• POOL

After the expiration of the Call Barring Period, the TINBO SVN shall be deemed to be in the POOL state, unless the User purchased a TINBO SVN subscription prior to the expiration of the Call Barring Period. The TINBO SVN shall continue to be in the POOL state for five (5) days, inclusive of Day 215, or until Day 219 (the “Pool Period”).

During the Pool Period, the assigned TINBO SVN will be removed or unpaired from your TINBO account and may be reassigned to a different User. You understand that should You purchase a TINBO SVN subscription during or after the Pool Period, a NEW TINBO SVN will be assigned to Your TINBO account

• PURGE ACCOUNT

Upon the expiration of the Pool Period, the TINBO SVN will return to the bottom of our TINBO SVN inventory list on Day 220 and may be paired to another TINBO account. You understand that Third Party Providers may continue to send messages, calls, OTPs, or other communications to the TINBO SVN previously assigned to You and You shall be solely responsible for notifying Third Party Providers of the removal or disconnection of the TINBO SVN from Your TINBO account.

5) USING THE VIRTUAL NUMBER FOR REGISTRATIONS ON THIRD PARTY APPLICATIONS

The TINBO SVN is capable of receiving One-Time PINs (OTPs) from different platforms such as fintech applications and mobile banking.

When using the TINBO SVN to register to these types of applications, You acknowledge that You must diligently renew Your TINBO SVN on a monthly basis to keep receiving One-Time PINs (OTPs), service notifications from Third Party Providers, and to retain the TINBO SVN that is assigned to You.

You understand that Third Party Providers may continue to send messages, calls, OTPs, or other communications to the TINBO SVN previously assigned to You even after the TINBO SVN has been unpaired, deactivated, and thereafter reassigned to a different subscriber (the “New User”). You understand that should you fail to renew or purchase a subscription to a Paid TINBO SVN, the New User may receive OTPs from Third Party Providers and gain access to your accounts on third-party applications. You shall be solely responsible for notifying Third Party Providers of the removal or disconnection of the TINBO SVN from Your TINBO account and the Company shall not be liable for any claims, loss, or damages caused by the reassignment of the TINBO SVN.

We DO NOT recommend the usage of the TINBO SVN for registrations on third party applications if You do not intend to continue using the Service beyond the Free Trial Period.

6) VIRTUAL NUMBER INCOMING TRANSACTIONS

In receiving calls and messages via Your TINBO SVN, You understand that the caller or sender of the SMS message may be subject to their telecommunication provider’s rates.

7) EMERGENCY CALLS

You understand that You are not able to make emergency calls through the TINBO SVN, except those currently provided by TINBO in its website and application, which may be subject to change by PLDT Online. The TINBO SVN relies on VOIP and the use of the Service requires an internet connection to Our servers. You understand that the Service is not a traditional telephone service or a replacement to Your primary Telephone Service and, depending on Your internet service provider and location, VOIP Services may be restricted and may not be available. You understand that You are solely responsible for ensuring that you are able to make emergency calls or access emergency services. You understand that you may be required to have additional arrangements in place in cases of emergency, such as access to Your non-virtual number or landline. You expressly acknowledge the service limitation described above and agree to ensure that you have access to alternative arrangements for Your EMERGENCY CALL needs.

You understand that You are solely responsible for ensuring that you are able to make emergency calls or access emergency services. You understand that you may be required to have additional arrangements in place in cases of emergency, such as access to Your non-virtual number or landline.

You expressly acknowledge the service limitation described above and agree to ensure to that you have access to alternative arrangements for Your EMERGENCY CALL needs.

8) WEB CALLS & MESSAGING

The TINBO SVN allows Users to message other Users with registered TINBO SVNs. This feature is only available for and between Users with TINBO SVNs².

Furthermore, You understand that receiving, sending, and viewing messages sent to and from a User’s TINBO SVN requires that the User is online and is able to access the TINBO SVN Portal. If the TINBO Customer You are contacting is not online, then s/he will only receive your message/ notification of your call once s/he opens his / her TINBO SVN Portal.

If You are sending a message or calling a number that is not registered to TINBO, You may message or call them by purchasing Our TINBO subscription plans and packages.

9) RETENTION OF MESSAGES ON THE TINBO SVN PORTAL INBOX

All messages on the TINBO SVN Portal Inbox will be retained for ninety (90) days (the “Retention Period”) from receipt of the message. After the expiration of the Retention Period, the messages will be automatically deleted from all TINBO SVN Portal Inbox.

USING THE SERVICE AND CREATING AN ACCOUNT

Registration to the TINBO Platform is required before You can use and enjoy the Services. You understand that in order to create an account and register on the TINBO Platform, You may be required to provide Your full name, mobile number, and/or email address. Your registered mobile number shall serve as your TINBO Account Number for identification purposes.

By creating an Account, You recognize and agree that any Personal Information You disclose or provide shall be bound by Our Privacy Policy, as posted elsewhere on the TINBO Platform. You warrant that any information You disclose in relation to the creation of Your account shall be true and an accurate representation of Yourself (i.e. not any third party) unless You are creating an account on behalf of a minor whom You are lawfully representing. Any information You submit should not be misleading or fraudulent. You commit to update Your account to maintain its accuracy. THE COMPANY RESERVES THE RIGHT TO IMMEDIATELY TERMINATE OR SUSPEND YOUR ACCOUNT OR YOUR ACCESS TO THE SERVICE/S WITHOUT ANY LIABILITY OR PRIOR NOTICE, IF IN OUR REASONABLE OPINION, YOU MISREPRESENTED YOURSELF IN THE CREATION OF A TINBO SVN ACCOUNT. WE RESERVE THE RIGHT TO REJECT OR SUBSEQUENTLY CANCEL ANY DESIRED OR EXISTING ACCOUNT WITHOUT ANY REASON OR LIABILITY.

LICENSE FOR PERSONAL USE OF THE TINBO SVN

Subject to your faithful compliance with the provisions of this T&C and by Your availment of the Services, You are granted a limited, unassignable, non-exclusive and royalty free license to access and use the TINBO SVN Portal exclusively for Your personal use. Fair Usage Policy shall likewise apply.

No other license is hereby given to You except as to what has been clearly and expressly set forth in this T&C. For the avoidance of doubt, this license does not in any way transfer to You any proprietary or intellectual property rights owned or licensed to PLDT Global Group, its affiliates, subsidiaries, and/or third-party providers.

The TINBO SVN is intended solely for Your personal use. It will be Your sole responsibility to maintain the confidentiality of Your account details such as user information. Your Account is not intended for multiple users. By availing the Services, You undertake to immediately inform Us of any breach of Your account. We reserve the right to suspend Your account if We, in Our reasonably opinion, believe that a third party is attempting to access Your TINBO SVN using Your account. You understand that the Company shall not be liable for any loss, injury or damage arising from the termination or suspension of Your Service or from any unauthorized access of Your Account. You may however, submit a written request to reactivate Your Account if it was terminated due to unauthorized access by a Third Party.

*For reactivation requests, you may follow the steps below:

1. Send a message to our Customer Service via TINBO’s Official Facebook Messenger.
2. Submit your written request letter to reactivate your account.
3. The Customer Service will conduct an account verification and may ask you some questions about your account before processing your request.
4. If your request has been approved, SLA for reactivation is 24-48 hours.

Notwithstanding the foregoing, You are prohibited from performing any of the following acts:

1. Disassemble, decompile or reverse engineer the TINBO SVN Portal, program or software;
2. Modify any of its program, graphic user interface or do anything to revise or change its features;
3. Modify the TINBO SVN Portal to allow multiple users to access the same using your account;
4. Reproduce, duplicate, license, sell, trade, use for commercial purpose or exercise any acts of ownership on the TINBO SVN;
5. Purchase minutes from unauthorized sources or dealers; or
6. Do any act that will result to any harm, loss or injury to the TINBO SVN.

FAIR USAGE POLICY

The Company understands Your need for fast and reliable calls and SMS, and intends to provide you with high quality internet-based call and messaging service. The Fair Usage Policy is intended to ensure that all Subscribers get to equally share an enjoyable experience using the Service. As such, the Fair Usage Policy is used to protect Subscribers against entities or persons utilizing the Service in a manner that is fraudulent, runs counter to the intent of the offer, or otherwise exceeds normal standards of use.

The following are the terms of Fair Usage:

1. A subscriber shall be allowed to call a maximum of ten (10) Unique numbers per PIN/subscription per month, subject to your subscription plan;
2. If You purchased an ON-NET Subscription plan, You are allowed to call up to a maximum of ten (10) Smart/TNT numbers and PLDT Landline. On the other hand, if you purchased an OFF-NET Subscription plan, You are allowed to call up to ten (10) Globe or TM numbers.
3. Each successful call shall have a 20-minute cut-off per call;

The Company reserves the right to suspend or terminate the Service to Subscribers/Users whose improper or abusive use of internet-based calls may jeopardize Our ability to deliver the best customer experience. The Company likewise reserves the right to modify or amend, in its sole discretion, this Fair Usage Policy at any time and Subscriber’s continued use of the Service following any such amendment/modification will be deemed to constitute acceptance of such amendment/modification.

THIRD PARTY CONTENT

The TINBO SVN allows You to access publicly available content which are mainly Filipino-centric (“Third Party Content or Content”), if any. We do not exercise any proprietary or intellectual property rights in any Third Party Content and your use of or access to any and all Third Party Content shall be subject to the terms and conditions of the Third Party Provider providing the Third Party Content. You may access the Third Party Content using TINBO SVN Portal at Your own discretion and risk. When accessing the Third Party Content, You are authorizing the TINBO SVN Portal to redirect You to the desired Third Party Content. You recognize and agree that You are fully responsible and assume all forms of risk arising from the access or use of any Third Party Content.

By visiting and/or using any Third Party Content, You understand that the Company shall not be liable for, and You hereby hold Us free from, any direct, incidental, special, consequential, indirect, or punitive damages whatsoever arising from Your access to Third Party Contents. Moreover, You agree to hold the Company free and harmless and fully indemnified for any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from accessing any Third Party Content.

We disclaim any form of liability arising from accessing or using any Third Party Content. The availability of any Third Party Content in the TINBO SVN shall not be construed as an endorsement of any content. We do not warrant that the Third Party Content is accurate, error-free, updated or readily available. We may, at our discretion, remove any Third Party Content. You recognize that the Third Party Content is owned by third parties who may not necessarily be related to PLDT Global Group. Nothing in this T&C allows or authorizes you to use the Third Party Content in a manner that infringes the copyright or intellectual property rights of the Third Party Content owners. You are aware that Third Party Content owners may exercise legal and other equitable remedies to protect their copyright and other intellectual property rights in the Third Party Content.

DATA USAGE AND CHARGES

You understand that You understand that in order to use the TINBO SVN, You need to have access to the internet. You shall be responsible for any Data or internet usage charges imposed by your local telecommunication operator for using the TINBO SVN. In using the TINBO SVN, You will also consume the data allocation provided by your regular internet or data service subscription. In the alternative, You may also use the TINBO SVN through a reliable & stable wi-fi connection. AS THE TINBO SVN IS HIGHLY DEPENDENT ON THE INTERNET, YOU AGREE THAT THE QUALITY OF OUR SERVICE IS FULLY DEPENDENT ON THE STABILITY & QUALITY OF YOUR INTERNET OR DATA CONNECTION AT YOUR SOLE EXPENSE. PLDT GLOBAL GROUP, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, SUPPLIERS OR ANY OF THE PLDT GLOBAL GROUP DIRECTORS, OFFICERS OR EMPLOYEES CANNOT BE HELD LIABLE FOR YOUR FAILURE TO USE THE SERVICE. WE CANNOT GUARANTEE THAT THE SERVICE WILL BE ERROR- FREE.

QUALITY OF SERVICE AND MAINTENANCE

While reasonable efforts are made to provide the Services with minimum disruptions, the Services on the TINBO SVN Portal may be interrupted or delayed on account of several factors including but not limited to interruptions or delays caused by network or technical errors or downtime. You acknowledge that the Company will not be liable for such errors or omissions during the provision of the Services. The Company does not warrant that the TINBO SVN Portal, the Smart Virtual Number, and the content available therein, will be accurate, available, and error-free.

You understand that the TINBO SVN Portal may, from time to time, be modified or updated to adapt to the growing demands of users and available technologies or to comply with Applicable Laws. The Company may also have to fix, improve or upgrade the TINBO SVN Portal and the TINBO Platform through updated versions which may require Us to temporarily restrict access and services such as calls/SMS will be unavailable during technical upgrades. YOU ACKNOWLEDGE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, COSTS, OR EXPENSES WHICH THE USER MAY SUFFER OR INCUR DIRECTLY OR INDIRECTLY AS A RESULT OF SUCH MODIFICATIONS OR UPDATES.

MISUSE OF THE SERVICE

You are prohibited from Misusing the Service. The term “misuse” shall include (but not limited) to the following circumstances:

1. Reselling or redistributing the Service to another person under a different brand or name;
2. Any act that could adversely affect any of Our subscribers, networks, property, or Services in general including Our reputation;
3. Using the Service for any communication which in our reasonable opinion is considered Spam, including machine-to-machine communication;
4. Using the Service in the commission of a crime including but not limited to the distribution of obscene, pornographic, malicious and other similar contents;
5. Using the Service for commercial purpose unless otherwise agreed in writing; or
6. Using the Service to misrepresent yourself or to perform any malicious, fraudulent or illegal act;
7. Infringing the intellectual property rights of PLDT Global Group or any Third Party Content owners;
8. Violating the Fair Usage Policy herein;
9. Any other act analogous to the foregoing

Apart from terminating Your service, We reserve Our right to exercise other remedies available under law and equity, including injunctive relief for any misuse of the Service without the need to establish damages. We may conduct investigations if in our reasonable opinion You are misusing or attempting to misuse any of the Services provided through the TINBO SVN Portal.

COMPLIANCE WITH LAWS

We recognize that there are certain jurisdictions which prohibit the use of VoIP or any internet telephony services. By Your use of the Service, You warrant that you are not prohibited under any law, rule, regulation to avail of any of the Services provided through the TINBO SVN Portal. If You are subject to such jurisdictions, You undertake to desist from using the TINBO SVN Service.

As the Service is owned and operated by SMART, a Philippine company, You hereby agree to comply with the SIM Registration Law of the Philippines and its implementing rules and regulations. Noncompliance thereof shall result to termination of the TINBO SVN Service.

For guidance, please check the implementing rules and regulations of the law on this link: https://ntc.gov.ph/wp-content/uploads/2022/mc/NTC%20MC%20No.%20001-12-2022.pdf

You also agree to indemnify the Company and its directors, officers, agents, and employees in full and on demand from and against any loss, damage, costs or expenses which We or they may suffer or incur directly or indirectly as a result of the breach of any these Terms.

We reserve the right to suspend or terminate Your account if, in our sole and reasonable opinion, we determine that the use of the TINBO SVN is for an immoral, illegal or unlawful purpose, or violates these Terms or may affect our network or equipment.

SERVICE AVAILABILITY AND UPDATES

Given the nature of the Service/s, We do not guarantee that it will always be available in a particular area or it will be error-free. There may be instances of unavailability of Service. There are physical factors beyond Our control such as, but not limited to, weather/climate, acts of god, structures, geographical terrain, topography, signal strength, traffic volumes, and technical limitations which may affect actual service, quality and availability. Your personal device may also affect the quality of service. You understand and agree that We shall not be held liable for any claims, difficulties or problems caused by Service availability or quality.

To further improve the security, safety, provisioning of the Service/s, We may remotely update, upgrade or change any applications, software, systems or features of the TINBO SVN (System Update) without any prior notice. Such System Updates may modify Your Device and could delete any and all data You have stored on Your Device such as browser permissions and deleted sessions. It may likewise alter Your usual user experience of the TINBO SVN Portal. The Service/s may be temporarily suspended and unavailable during a System Update. Any update may also be a pre-condition for your continuous use of the TINBO SVN Services. YOU ACKNOWLEDGE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, COSTS, OR EXPENSES WHICH THE USER MAY SUFFER OR INCUR DIRECTLY OR INDIRECTLY AS A RESULT OF ANY SYSTEM UPDATE.

DEVICE

You need to either use a smartphone, desktop, or a laptop (collectively “Device”) to access the TINBO SVN Portal. At present, the TINBO SVN Portal can be accessed using any web browsers. You may use any Device to access the TINBO SVN provided it meets the minimum qualifications required by the TINBO SVN Portal. We are not in the business of manufacturing or selling of any Device. Hence, We do not endorse any Device to be used in accessing the TINBO SVN. WE DO NOT WARRANT THAT TINBO SVN WILL WORK ON YOUR DEVICE. All and any risk of loss, damage or destruction on the Device as a result of using the TINBO SVN shall be your sole responsibility. We reserve the right to disallow You from using a Device if we believe that its use may potentially harm other Users, the TINBO SVN Portal, or the Company.

NOTICE

In using Our Service and in accordance with our Privacy Policy, You acknowledge that we (including any third-party calling on our behalf) may contact You, for any service related purpose within reasonable business hours, at any convenient means such as but not limited to email or SMS message (as may be applicable).

ADVERTISERS

Third Party Content may include promotions and advertisements from owners of Third Party Content. You are solely responsible for your dealings, communication and transactions with any Third Party Content owners. We do not accept responsibility nor liability for advertisements found within the TINBO SVN platform. If You agree to purchase goods and/or services from any third party who advertises in the TINBO SVN Portal, the same is done at Your own risk. We are not responsible for such goods and/or services and in the event that You have any queries, claims/complaints in relation to them, Your only recourse is against the advertiser or third party entity.

INDEMNIFICATION/ FINALITY OF SERVICE

You commit and undertake to indemnify defend and hold Us (including Our subsidiaries, parent company, affiliates, suppliers, vendors, third-party provider or licensors) free and harmless from any action, claim, award, suit losses, damages, fines, penalties, costs, and/or expenses (including, without limitation, attorney’s fees) arising out of or in relation to Your actions including but not limited to the use or misuse of the TINBO SVN Service/s, Finality of Service, and/or violation of this Agreement or any other policy cited in this Agreement, any Applicable Law or regulation, or the rights of any third party. You shall be fully and exclusively responsible for any information or material that You transmit, or any act (or inaction) associated with the use or access of any Third Party Content. We shall not in any way be liable for Your failure to protect Your passwords or any account.

FINALITY OF SERVICE

We shall not be held liable for the sale / purchases of physical load cards. Any sale of a physical load card shall be the sole responsibility of the seller and buyer.

All online purchases of TINBO SVN credits once loaded into Your account are final. We cannot convert, transfer or refund credited subscription packages even if they are unused at Your sole account.

All TINBO SVN Subscription Plan purchases are FINAL. Once loaded to a TINBO SVN account, deducted or charged amount cannot be refunded or transferred to another user.

The following transactions (under Services) cannot be refunded:

1. Entered account or information errors due to Your own act fault or negligence;
2. Double transaction for the same details due to Your own act fault or negligence;
3. TINBO SVN subscriptions that are already debited, loaded to an account or used due to Your own act, fault or negligence.

On the other hand, transactions can only be refunded or reversed in the following circumstances:

1. User was charged twice for the same transaction solely due to systematic fault of the TINBO SVN Portal;
2. User was charged the wrong amount solely due to systematic fault of the TINBO SVN Portal;
3. Service was not fulfilled – due to operational or service disruptions solely due to systematic fault of the TINBO SVN Portal (i.e. load was not credited due to system or operational deficiencies).

DISCLAIMERS

UNLESS EXPRESSLY PROVIDED IN THIS TERMS, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE ON ANY SERVICES YOU OBTAINED FROM US OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE CANNOT PROMISE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER WILL WE AUTHORIZE ANYONE TO MAKE SUCH WARRANTIES ON OUR BEHALF. EVEN SO, THIS DOES NOT OPERATE AS A WAIVER TO CLAIM AGAINST OTHER PERSONS WHO MAY HAVE MADE SUCH UNAUTHORIZED REPRESENTATION. THE TINBO SVN SERVICE/S WILL ALWAYS BE ON AN “AS IS” BASIS WITH “ALL FAULTS, ERRORS, AND DEFECTS.” IT IS ALSO IMPOSSIBLE FOR US TO GUARANTEE THAT THE TINBO SVN WILL BE PRIVATE OR SECURE; WHILE IT IS ILLEGAL FOR UNAUTHORIZED PERSONS TO PRY OR INTERCEPT YOUR PERSONAL COMMUNICATION OR RETRIEVE YOUR PERSONAL INFORMATION, WE CANNOT GUARANTEE THAT THE SAME WILL NOT HAPPEN.

YOU HEREBY UNDERSTAND AND ACKNOWLEDGE THAT THE TITLE, ANY AND ALL RIGHTS AND OBLIGATIONS IN RELATION TO THIRD PARTY PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO THE SMART VIRTUAL NUMBER, WHICH MAY BE OFFERED/DISTRIBUTED IN TINBO SVN PORTAL FROM TIME TO TIME, BELONG TO A THIRD-PARTY ENTITY/SERVICE PROVIDER. (SVN IS OWNED AND OPERATED BY SMART COMMUNICATIONS, INC.)

AS SUCH, THIRD-PARTY PRODUCTS AND SERVICES MADE AVAILABLE ON THE TINBO SVN PORTAL ARE PROVIDED ON AN “AS-IS” BASIS AND THE COMPANY PROVIDES NO EXPRESS OR IMPLIED WARRANTY WHATSOEVER. YOU SHALL HOLD US FREE AND HARMLESS FROM ANY AND ALL ACTION, CLAIM OR COST ARISING OUT OF OR IN RELATION TO YOUR USE/AVAILMENT OF SUCH THIRD-PARTY PRODUCTS AND SERVICES.

TINBO PORTAL AS A PLATFORM PROVIDER

WE ARE NOT A NETWORK SERVICE PROVIDER. THUS, ANY AND ALL PRODUCT AND SERVICES PROVIDED THROUGH THE TINBO PORTAL SUCH AS THE TINBO SVN ARE OPERATED BY A THIRD-PARTY ENTITY.

LIMITATION OF LIABILITY

WE (OR OUR SUBSIDIARIES, AFFILIATES, SUPPLIERS, VENDORS, THIRD-PARTY PROVIDERS, PARENT COMPANY) SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE ANY SERVICE AND/OR THE DEVICE. YOU RECOGNIZE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIMS ARISING FROM ANY OF THE FOLLOWING CIRCUMSTANCES (WITHOUT LIMITATION):

1. ANY ACT OF A THIRD PARTY WHO IS NOT AUTHORIZED TO ACT ON OUR BEHALF;
2. FORCE MAJEURE OR ANY ACT BEYOND OUR CONTROL;
3. RIOTS, STRIKE, WAR, TERRORISM OR OTHER SIMILAR INCIDENTS;
4. ANY VIRUS, WORMS, MALICIOUS CONTENT, DATA, IMAGE, ETC DOWNLOADED IN YOUR DEVICE VIA THE TINBO SVN SERVICE/S;
5. THIRD PARTY CONTENT YOU ACCESSED USING THE TINBO SVN PLATFORM YOU RECOGNIZE THAT THIS PROVISION IS A MATERIAL CONSIDERATION IN THE SERVICES WE OFFER YOU. YOU RECOGNIZE THAT THIS PROVISION SHALL OPERATE AS A WAIVER OF ANY AND ALL OTHER EXISTING REMEDIES AVAILABLE UNDER EXISTING LAWS; OR
6. ANY OTHER ANALOGOUS CIRCUMSTANCES.

INTELLECTUAL PROPERTY

You recognize that the “TINBO SVN”, and all other trademarks used in providing any of the Services are exclusively owned by or licensed to PLDT Online Inc./PLDT Global Group. Except as provided herein, nothing in this Terms can be construed as granting any license to use, copy, modify, reverse engineer, assert a claim, assign, sell, or register any of Our intellectual property. A violation of this provision may result to irreparable injury which cannot be fully remedied by pecuniary award. Thus, We shall be entitled to immediate injunctive relief in addition to all other remedies available for any violation of this provision. We however do not claim any form of ownership, interest or right in any Third Party Content found in the TINBO SVN Portal.

DATA PRIVACY

We may collect data about You (“Personal Data”) in order to deliver the TINBO SVN Service or to further improve the same. Yet, We fully endeavor to protect the Personal Data You entrusted to Us, and to only process Your data in accordance with our Privacy Policy.

The Privacy Policy defines the policy of the Company relating to the information which is submitted by you or collected through automated means, the manner of processing and use of such information including our disclosure of such information to external Third Party Partners and service providers of the Company. The Privacy Policy also specifies the manner in which the Platform may retain your information, duration of such retention and security measures implemented to protect the privacy and confidentiality of your information. You may access our Privacy Policy through this link: https://www.tinbo.ph/privacy-policy.

The Privacy Policy may change from time to time. You are encouraged to regularly view our Privacy Policy for any updates.

Further, please do note that the Personal Data you submit through the SIM Registration Portal and will be processed to register your TINBO SVN in accordance with the SIM Registration Act shall be governed by the Privacy Notice of Smart Communications Inc. for Prepaid SIM Registration which can be accessed through this link: https://smart.com.ph/Corporate/privacy/sim-reg.

SUSPENSION AND TERMINATION

You may terminate Your TINBO account at any time by messaging us on the TINBO Facebook Messenger. You are also considered to have terminated the Service (once terminated your information will be deleted from the database) if:

1. You do not use the TINBO account for one (1) calendar year in observance also of the Virtual Number Lifecycle;
2. You fail respond to Our communications or notices that require specific action on your end; or
3. You refuse to accept any System Update.

Your TINBO SVN may be suspended or terminated depending on the status of Your TINBO SVN from the day it was paired and activated.

Your TINBO SVN will be suspended if:

1. You failed to renew your TINBO SVN in accordance with the Virtual Number Lifecycle;
2. You are suspected of committing or attempting to commit fraud using the TINBO SVN;

Your TINBO SVN will be terminated or deleted from the database if:

1. You failed to renew your TINBO SVN in accordance with the Virtual Number Lifecycle;
2. It was proven that your TINBO SVN was used to commit or attempt to commit fraudulent acts; You refuse or fail to register your TINBO SVN as may be required by applicable laws in your jurisdiction.

WE reserve the right, in Our sole and reasonable discretion, to suspend or terminate Your account without any liability if we have reasonable grounds to believe that you have committed any of the following:

1. Commit a breach on any of the provisions of this Terms;
2. Use the Service to perpetuate any form fraud, misrepresentation or illegal activities;
3. Use the Service in a manner that unnecessarily places PLDT Global Group to breach or violate any existing contractual or legal obligation;
4. Use the Service in a way that is unduly burdensome, abusive, excessive or detrimental to Us, other subscribers or any third-party;
5. Misuse the Service as defined in this T&C;
6. Allow other persons to use your Account;
7. Violate the Fair Usage Policy; and
8. Do any other act analogous to the foregoing or any act which may be detrimental to Our business or the subscriber base in general. We may also suspend or terminate the Service or any portion thereof for any System upgrade or any operational concerns including any lawful order by government authorities. We will not be required to any form of prior notice. You recognize that upon termination of this Agreement for any reason, You will not be able to use, enjoy or access any of the TINBO SVN Service/s. The termination of this Agreement shall be without prejudice to our right to recover any claim, fees or payments which accrued prior to the termination of the Agreement.

GOVERNING LAW

This Agreement shall be governed by the Laws of the Philippines. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. We however, reserve the right to terminate the Agreement in the event a particular provision is void or unenforceable and such provision is, in our sole and reasonable opinion, a material breach in the provisioning of the TINBO Services. PLEASE IMMEDIATELY CEASE USING TINBO SVN SERVICE IF THE LAWS OF YOUR DOMICILE OR RESIDENCY PROHIBIT YOU FROM USING THE SAME.

FAQ

For your convenience, you may browse and read our FAQ at https://www.tinbo.ph/help/faqs

GENERAL TERMS

1. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. You may not assign this Agreement without Our prior written consent. Any assignment in contradiction of this clause shall be void. We may delegate the performance of our obligation to third-party developers, suppliers or our affiliates without Your consent. We may likewise assign this Agreement to a third party without your consent. In such case, your only remedy is to terminate the Agreement.
2. The headings in this Agreement are solely for reference and our mutual convenience. It will not be used in interpreting the legal effect of this Agreement
3. In the event We waive any provision on one occasion, it does not amount to a waiver of Our right to enforce such provision.
4. This Agreement will not the benefit any third party except Our corporate parents, affiliates, subsidiaries, agents, predecessors and successors in interest.

CHANGES

We reserve the right to modify or amend this Terms and Conditions anytime without need of prior notice. By continuing to use TINBO or availing the Services hereunder, You are deemed to have consented to the modifications and amendments of this Terms and Conditions.

For Privacy Policy changes, we will separately reach out to You.

DISCONTINUANCE

We reserve the right to suspend/ discontinue the TINBO SVN Service for any reason whatsoever. In such event of permanent discontinuance of the TINBO SVN Service, your sole recourse is to consume/use the remaining subscription packages immediately.

For any further concerns and inquiries, our TINBO SVN team would be glad to assist you: TINBO Facebook Messenger