GSMXCODE

1. Preamble & Binding Agreement

This Master Service Agreement ("Agreement") constitutes a legally binding contract between GSMXCODE, a limited liability company duly organized and existing under the laws of New Mexico, USA ("Company," "we," "us," "our"), and the individual or entity accessing our digital services ("User," "you," "Client," "Authorized Technician").

This Agreement governs your access to and use of the websites located at https://gsmxcode.com and https://www.gsmxcode.com (the "Platform") and all associated digital products, software, tools, and services (collectively, the "Services").

2. Definitions

For purposes of this Agreement, the following terms shall have the meanings set forth below:

3. Account Registration & Acceptance

3.1. Binding Electronic Contract Formation

By registering an account, depositing funds, placing an order, or accessing our Services, you affirmatively agree to be bound by this Agreement under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act), the Uniform Electronic Transactions Act (UETA), and other applicable electronic commerce laws. This electronic agreement is equally as binding as a physically signed document.

3.2. Eligibility Requirements

You represent and warrant that:

• You are at least 18 years of age (or the age of majority in your jurisdiction) and possess the legal capacity to enter into binding contracts;
• You are a professional technician, authorized service provider, educational researcher, or registered business entity engaging in legitimate device maintenance, repair, or research activities;
• All registration information provided (including business name, tax identification, address, and contact details) is truthful, accurate, and current;
• You will maintain and promptly update your account information to ensure its continued accuracy.

3.3. Account Security & Responsibility

You are solely responsible for:

• Maintaining the confidentiality and security of your account credentials (username, password, API keys);
• All activities that occur under your account, whether authorized by you or not;
• Implementing appropriate security measures to prevent unauthorized access to your account;
• Immediately notifying us of any unauthorized use of your account or any other security breach.

3.4. KYC/AML Compliance & Verification

To comply with global financial regulations, banking partner requirements, and payment processor policies (including Stripe, PayPal, and financial institutions), we reserve the right to:

• Request verification documents at any time during the business relationship;
• Require government-issued photo identification, proof of business address, business registration documents, and proof of payment method ownership;
• Conduct enhanced due diligence for high-risk transactions or unusual activity patterns;
• Place temporary holds on accounts or transactions pending verification completion.

Failure to provide requested documentation within 48 hours constitutes a material breach of this Agreement and may result in immediate account suspension and forfeiture of unverified funds to prevent potential illicit financial activity.

4. Services Description & Limitations

4.1. Authorized Reseller Status

GSMXCODE operates as an authorized global reseller and merchant of record for Third-Party Developers. Important limitations of our role:

• We do not own, develop, maintain, or control the intellectual property, source code, or server infrastructure of the software tools distributed through our Platform;
• We function as a secure commercial intermediary connecting professional users with third-party diagnostic resources;
• We assume no liability for the functionality, performance, updates, server uptime, or discontinuation of any third-party tool;
• Pricing, availability, and technical specifications of Services are subject to change without notice based on third-party developer policies.

4.2. "AS-IS" Basis; Comprehensive Warranty Disclaimers

ALL SERVICES ARE PROVIDED STRICTLY ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPLICITLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability;
• Implied warranties of fitness for a particular purpose;
• Implied warranties of title and non-infringement;
• Warranties arising from course of dealing or usage of trade.

We do not guarantee that any Service will be uninterrupted, timely, secure, error-free, or effective on any specific device model, firmware version, or carrier configuration. Original Equipment Manufacturers (OEMs) frequently release security patches and updates that may render third-party tools temporarily or permanently ineffective.

4.3. Third-Party EULA Acceptance & Compliance

Your purchase and use of any Service constitutes your direct acceptance of the applicable Third-Party Developer's End User License Agreement ("EULA"). You are solely responsible for:

• Reading and understanding all applicable third-party EULAs;
• Complying with all restrictions and requirements set forth in such EULAs;
• Any consequences resulting from violations of third-party EULAs, including license revocation or service termination.

Violation of a third-party EULA does not constitute grounds for refund from the Company.

5. Financial Terms & Payment Processing

5.1. GSMXCODE Credits System

The GSMXCODE Credits system operates as follows:

• Nature: Credits are a closed-loop utility token with no cash value, valid exclusively for redeeming Services on the Platform;
• Non-Transferability: Credits are non-transferable between users and cannot be assigned, sold, or exchanged;
• Non-Refundability: Once purchased, Credits generally cannot be refunded or redeemed for currency, except where explicitly required by mandatory consumer protection laws;
• Expiration: Credits do not expire unless otherwise specified in writing;
• Accounting: All Credit transactions are final and non-reversible once processed.

5.2. Payment Processing & Currency

We accept payments through our designated payment gateways in the following currencies:

• United States Dollar (USD) via credit/debit cards, bank transfers, and other traditional payment methods;
• USDT (Tether) cryptocurrency via approved blockchain networks.

You are responsible for any bank fees, transaction fees, or foreign exchange costs imposed by your financial institution. All prices are quoted in USD unless otherwise specified.

5.3. Zero-Tolerance Fraud Prevention Policy

GSMXCODE maintains a zero-tolerance policy regarding payment fraud, identity theft, and "friendly fraud" (unauthorized chargebacks). Prohibited activities include:

• Using a payment instrument without the explicit authorization of the account holder;
• Providing false or misleading payment information;
• Initiation of chargebacks or payment disputes for validly delivered services.

Our automated risk management system monitors transactions for suspicious patterns based on IP geolocation, device fingerprinting, transaction history, and other risk indicators. Consequences for violation of this policy include:

• Immediate account suspension and termination;
• A $50.00 USD administrative dispute fee in addition to the original transaction amount;
• Reporting to global fraud prevention databases (including Ethoca, Verifi, and others);
• Potential referral to law enforcement authorities under relevant statutes, including 18 U.S.C. § 1029 (Access Device Fraud).

6. Order Protocol & Refund Policy

6.1. Automated Order Processing System

Our order fulfillment system operates through real-time API integrations with global suppliers and service providers:

• Processing Initiation: Orders automatically enter "Processing" status 2 minutes after payment confirmation;
• Immutability: Once transmitted to the supplier/server infrastructure (after the 2-minute window), orders become technically immutable and cannot be cancelled, stopped, or modified;
• Completion Requirement: Services must run to completion once processing begins;
• Status Updates: Order status updates are provided through the Platform's user interface and via email notifications.

6.2. Cancellation Window & Refund Eligibility

Our refund and cancellation policy is designed in compliance with U.S. consumer law and the EU Consumer Rights Directive (2011/83/EU) exception for digital content:

• Cancellation Window: You have a strict 2-minute window immediately following payment confirmation to cancel an order for a full refund through your user dashboard;
• Final Sale: Once a digital Service is successfully delivered or the server returns a "Success"/"Completed" status, all sales are final. No refunds are provided for delivered services;
• Defective Services: Refunds for allegedly non-functional services are issued solely at our discretion and require continuous, uncut video proof showing the device IMEI/serial number and the error message, submitted within 24 hours of service delivery;
• User Error: No refunds are provided for incorrect IMEI, device model, carrier, or firmware version submissions.

7. Legal Compliance & Authorized Use

You represent and warrant that you will use the Services only for lawful purposes in compliance with all applicable local, national, and international laws and regulations, including those governing electronic device repair, copyright, telecommunications, and consumer protection.

7.1. IMEI Repair & Calibration Policy

Tools capable of IMEI-related functions are provided with the following strict limitations:

• Authorized Restoration Only: "IMEI Repair" tools are intended solely for restoring a device's original, manufacturer-assigned IMEI following legitimate hardware repairs where the original IMEI was lost or corrupted;
• Research Exception: Tools may be used for bona fide educational or security research in compliance with DMCA Section 1201 exemptions and similar international provisions;
• Strict Prohibition: You are expressly prohibited from using Services to alter, change, or spoof IMEIs for illicit purposes, including but not limited to: un-blacklisting stolen devices, evading law enforcement, committing insurance fraud, or circumventing carrier restrictions.

Illegal IMEI modification may violate numerous statutes worldwide, including:

• United States: Identity Theft Assumption and Deterrence Act;
• United Kingdom: Mobile Telephones (Re-programming) Act;
• European Union: Directive 2014/53/EU (Radio Equipment Directive);
• Canada: Criminal Code (Section 342.1).

You assume 100% civil and criminal liability for any illegal use of IMEI-related tools.

7.3 Regulatory & Legal References (International Compliance Framework)

GSMXCODE maintains compliance with internationally recognized telecommunications, consumer protection, and cybersecurity laws.

United States – Federal Law

• FCC Device Unlocking Policy: FCC Official Page
• Unlocking Choice and Wireless Competition Act (2014): Congress.gov
• DMCA Section 1201 Exemptions: Library of Congress
• FTC 'Nixing the Fix' — Report to Congress on Repair Restrictions (2021): FTC report landing page  |  Full PDF (download)
• 18 U.S. Code §1029 – Access Device Fraud: Cornell Law

European Union

• Consumer Rights Directive: EUR-Lex
• Right to Repair Framework: EC Environment

United Kingdom

• Ofcom Unlocking Regulations: Ofcom
• Mobile Telephones (Reprogramming) Act: UK Legislation

International

• GSMA Device & IMEI Services (official): GSMA Device Registry & IMEI Services

7.4 Lawful Use Declaration

• ✅ Authorized repair
• ✅ Legitimate restoration
• ✅ Education & diagnostics
• ✅ Security research
• ❌ Stolen devices
• ❌ IMEI spoofing
• ❌ Fraud or contract bypass
• ❌ Identity manipulation

7.5 Jurisdiction Acknowledgement

Users are solely responsible for legality within their own region. GSMXCODE LLC acts as a technology provider only and assumes no liability for misuse.

8. Intellectual Property Rights

All intellectual property rights in the Platform, including but not limited to its original content, features, functionality, user interface, design, logos, trademarks, and the "GSMXCODE" brand, are and will remain the exclusive property of GSMXCODE and its licensors.

The software tools, utilities, and services distributed through the Platform are the intellectual property of their respective Third-Party Developers. You are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Services you purchase solely in accordance with their applicable EULAs and for their intended professional purposes.

You may not:

• Copy, modify, create derivative works of, reverse engineer, decompile, or disassemble any software provided through the Services;
• Remove any proprietary notices or labels from the Services;
• Use any automated means to access the Platform or extract data;
• Use the Company's trademarks, logos, or branding without prior written authorization.

9. Data Protection & Privacy

We process your personal data in accordance with our Privacy Policy, which is incorporated herein by reference. By using the Platform, you consent to such processing and warrant that all data you provide is accurate.

We implement reasonable technical and organizational security measures designed to protect your personal data against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the Internet or method of electronic storage is 100% secure, and we cannot guarantee absolute security.

In the course of providing Services, we may process technical data related to devices you service, including IMEI numbers, serial numbers, and diagnostic information. You represent and warrant that you have obtained all necessary consents and authorizations for such processing under applicable privacy laws.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GSMXCODE LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM OR SERVICES;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM;
• ANY CONTENT OBTAINED FROM THE PLATFORM OR SERVICES;
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
• THE PERFORMANCE, NON-PERFORMANCE, OR FAILURE OF ANY THIRD-PARTY SOFTWARE, TOOL, OR SERVICE;
• ANY DAMAGE TO DEVICES, DATA, OR PROPERTY RESULTING FROM USE OF THE SERVICES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS STRICTLY LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100).

THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

11. Indemnification

You agree to defend, indemnify, and hold harmless GSMXCODE, its members, managers, officers, employees, agents, and affiliates (collectively, "Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including reasonable attorneys' fees) arising from:

• Your use of and access to the Platform and Services;
• Your violation of any term of this Agreement;
• Your violation of any third-party right, including any intellectual property, privacy, or proprietary right;
• Any claim that your use of a Service caused damage to a third party or third-party device, including but not limited to device malfunction, data loss, or service disruption;
• Your violation of any applicable law, regulation, or third-party agreement;
• Any content or information submitted by you through the Platform.

This indemnification obligation will survive the termination of this Agreement and your use of the Services.

12. Term & Termination

This Agreement becomes effective upon your acceptance and remains in effect while you use our Services or maintain an active account.

We may suspend or terminate your account and access to the Platform immediately, without prior notice or liability, for any reason, including but not limited to:

• Your material breach of this Agreement;
• Requests by law enforcement or other government agencies;
• Discontinuance or material modification of the Platform or Services;
• Unexpected technical or security issues;
• Your engagement in fraudulent or illegal activities.

Upon termination, your right to use the Services will cease immediately. All provisions of this Agreement which by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Dispute Resolution & Arbitration

13.1. Governing Law & Jurisdiction

This Agreement shall be governed by and construed in accordance with the internal laws of the State of New Mexico, USA, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

13.2. Binding Individual Arbitration

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING INDIVIDUAL ARBITRATION administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

The arbitration shall be held in Albuquerque, New Mexico, USA. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

13.3. Class Action & Jury Trial Waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

YOU EXPRESSLY WAIVE YOUR RIGHT TO A TRIAL BY JURY IN ANY DISPUTE ARISING FROM THIS AGREEMENT.

14. General Provisions

14.1. Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, epidemics, pandemics, strikes, freight embargoes, internet infrastructure failures, third-party server downtime, DDoS attacks, or acts or omissions of Third-Party Developers or suppliers.

14.2. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, severed from this Agreement. The validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

14.3. Entire Agreement

This Agreement, together with our Privacy Policy, Refund Policy, and any other legal notices published by us on the Platform, constitutes the entire and exclusive understanding between you and GSMXCODE regarding the Services and supersedes all prior agreements, understandings, representations, and warranties, both written and oral, regarding such subject matter.

14.4. Amendments

We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.

14.5. Assignment

You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement without such consent will be null and void. We may freely assign or transfer this Agreement without restriction.

15. Official Contact & Support