Terms of Service

1. Parties and acceptance

These Terms of Service (the "Terms") are an agreement between Breneshold LLC, a limited liability company organized under the laws of the State of Florida, United States, with registered address at the postal address stated in the customer's account and on every invoice, and whose tax identification number is not published but is stated on invoices and available on request ("Witnio", "we", "us"), and the company or other organisation that opens an account or places an order for the Service ("Customer", "you").

The Service is offered to businesses only. By creating an account, placing an order, clicking to accept, or using the Service, you accept these Terms on behalf of the entity you represent, and you warrant that you have authority to bind that entity. If you do not have that authority, or you do not accept these Terms, do not use the Service.

These Terms incorporate by reference the Acceptable Use Policy, the Privacy Policy, the Claims Disclaimer and, where the parties execute one, the Data Processing Addendum. If you and Witnio sign a separate written agreement covering the same subject matter, that agreement prevails over these Terms to the extent of any conflict.

These Terms are in force from the effective date shown at the top of this page.

2. Definitions

"Account" means the tenant workspace, users and API credentials issued to you.

"Check" means a single scheduled or on-demand observation executed by the Service.

"Corridor" means the declared combination of number country, physical device country, carrier and connection path — for example a local SIM, roaming, or Wi-Fi calling — in which a Check is executed.

"Customer Data" means the configuration, targets, contact details and other content you submit to the Service, together with the Evidence generated for you.

"Evidence" means the observation records, screenshots, logs, manifests, hashes and signatures the Service produces for a Check.

"Order" means the plan selected at checkout or the written order form agreed by both parties, including price, plan limits and term.

"Plan" means the service plan and its published limits that apply to your Order.

"Sender" means the originating identifier — a short code, an alphanumeric sender, a long number or a calling number — from which a message or call is expected to arrive at a Witnio number.

3. The service

Witnio operates a fleet of physical Android devices holding real carrier SIM cards, and runs observation Checks from them. Depending on the products in your Order, the Service can observe whether a message or call your own system originates actually arrives at a real device and how long that took; which sender or calling identifier was received; whether the content arrived intact; whether a web page loads from a real device on a real network; whether a consent banner is present and what it does before and after consent; and how one authorised context compares with another.

Each observation produces an Evidence record: a hash of every artifact, metadata, an ISO 8601 UTC timestamp, tenant and resource ownership, a canonical JSON manifest signed with an Ed25519 key, and a verification reference. The corresponding public key is published, so you, your auditor or your counterparty can verify a manifest without trusting Witnio.

The precise set of measurements, inputs, outputs and known limitations for each product is stated on that product's page and in its documentation, and forms part of your Order.

4. What the service does not do

The Service observes and records. It does not send your traffic and does not deliver it: it audits the providers that do.

Witnio does not:

• send SMS messages or place calls on your behalf;
• provide anonymous or general-purpose reception of messages or calls;
• operate a marketplace of telephone numbers;
• receive one-time passcodes for accounts or assets you are not authorised to control;
• determine the root cause of a failure inside your provider's network or a carrier's network;
• assert that a carrier blocked, filtered or labelled a message or call unless a specific observation demonstrates it;
• state that a web page, a consent banner or a business process complies with any law;
• measure audio quality or codec behaviour.

An Evidence record states what a specific device observed, in a specific corridor, at a specific time. It is a factual observation — not an expert opinion, not an audit report, and not legal advice.

5. Corridor and network context

Every result declares the real corridor in which it was observed. Where a number is registered in one country and the device holding its SIM is physically in another, both facts are recorded and shown, together with the connection path used.

Witnio does not present such a result as a measurement of that country's mobile network, of a carrier's performance there, or of mobile latency there — and you agree not to present it that way to your customers, your regulators or your counterparties.

Where you need a measurement taken on hardware physically located in a given country, that is available only for corridors in which Witnio actually operates hardware. Your Order states which corridors those are.

6. Eligibility and accounts

The Service is available to businesses and other organisations. It is not offered to consumers, and it is not available to anyone under 18.

You must give accurate registration information, including a corporate email domain where we ask for one, and keep it current. Witnio may verify your identity, your domain, your declared use case, and your authority over the numbers, senders and targets you configure, and may decline or restrict an Account that fails verification. A new Account may start with reduced limits while verification and abuse scoring complete.

You are responsible for all activity under your Account, including activity by your users and by anything using your API keys. Keep credentials secret, rotate them when a holder leaves, and tell us without undue delay at [email protected] if you suspect a credential has been compromised.

7. Your authorisations and warranties

You represent and warrant, on a continuing basis, that:

• you own, or hold the owner's express written authorisation to test and monitor, every domain, application, endpoint, telephone number, sender and account you configure as the target of a Check;
• every Sender you register as authorised is one you or your authorised principal actually control, and you are entitled to have its messages or calls received and recorded at a Witnio number;
• the messages and calls directed at Witnio numbers are your own test traffic, originated by you or by a provider acting on your instruction, and are never a communication addressed to a real end user;
• you will not use the Service to receive, read, intercept, register with, recover, or take control of any account, wallet, identity or asset belonging to another person;
• you will not submit personal data of end users beyond what is strictly necessary to run the Check you requested, and you will use test traffic wherever test traffic will do;
• your use of the Service complies with every law that applies to you, including laws on the interception and confidentiality of communications, telecommunications and messaging rules, data protection, consumer protection, and sanctions and export control;
• you have made every disclosure and obtained every consent, authorisation or licence required for Witnio to receive, process and store the data your Checks generate.

These warranties are fundamental to the Service and are a condition of it. Witnio does not sell anonymous message reception and does not support the interception of another person's one-time passcodes. A breach of this section is a material breach and grounds for immediate suspension or termination without refund.

8. Acceptable use

Your use of the Service is subject to the Acceptable Use Policy, which forms part of these Terms and is published on this site.

The Acceptable Use Policy changes as new forms of abuse appear. The version in force is the one published at the time of your use.

9. Plans, limits and overage

No plan is unlimited. Every Plan states explicit, technically enforced limits — for example included corridors, numbers, authorised senders, targets, Checks per period, observed messages and calls, device minutes, Evidence storage, API requests, AI budget, concurrency, burst and retention.

At 80 per cent of a limit the Service warns you. At 100 per cent, your Plan's overage policy applies. Unless your Plan or Order expressly allows metered overage, the Service pauses further consumption of the exhausted resource rather than billing you for it, and you resume by upgrading or by buying additional capacity. Where a Plan does allow metered overage, it is charged at the rate stated in your Order.

Witnio never permits unlimited consumption or unlimited spend on your Account. This protection operates in your favour as much as ours.

Dedicated capacity — a dedicated number, a dedicated device, a dedicated corridor, extended retention, a contractual service level, or custom volume — is available only under a separate written order, and is priced outside the scope of any existing discount.

10. Fees, Founder pricing and taxes

Fees are stated in United States dollars in your Order and are billed by Witnio's United States billing entity, Breneshold LLC.

Founder pricing, where offered, applies to the first ten paying customers and is subject to these rules: it is held only while the subscription stays continuously active; it applies only to the product, corridor, number and scope purchased when it was granted; any later addition — a new country, corridor, number, product, dedicated device or additional volume — is charged at the price in force when it is added; and cancelling ends the Founder price permanently, including if you later return.

Pilot pricing, where offered, is temporary and is not a guarantee of a recurring price.

Witnio may change standard prices for a renewal term on at least 30 days' notice before the renewal date. A price change never applies retroactively inside a term you have already paid for.

All fees are exclusive of taxes. You are responsible for any sales, use, value added, goods and services, withholding or similar tax arising from your purchase, other than taxes on Witnio's own net income. If you must withhold a tax, you will gross the payment up so Witnio receives the amount stated in the Order. If you are exempt or self-assess under a reverse charge, give us a valid registration number or exemption document before the invoice is issued.

11. Billing, renewal and payment failure

Payments are processed by Stripe as primary provider and PayPal as secondary provider. Payment details are entered on the provider's own hosted pages: Witnio never receives, handles or stores your full card number.

Subscriptions renew automatically for successive periods of the same length until cancelled, and each renewal is charged on the renewal date to the payment method on file.

If a payment fails, the subscription enters a grace period — seven days unless your Order states otherwise — during which your existing Evidence stays available. When the grace period expires without payment, Witnio stops starting new jobs on your Account while preserving the Evidence already generated. Paying the outstanding amount lifts that restriction.

Charges are non-refundable except as stated in the next section. Raise a billing dispute within 60 days of the invoice date; after that the invoice is treated as accepted.

12. Cancellation, refunds and trials

You may cancel at any time from your Account. Cancellation takes effect at the end of the period you have already paid for: your Plan stays active until then and is not renewed. Witnio does not refund the unused part of a period on cancellation.

If Witnio cannot activate a service you have paid for within 24 hours of payment because it lacks the capacity to provide it, Witnio closes the activation request and refunds that charge in full, automatically and without any request from you, to the original payment method.

Apart from that automatic refund, Witnio issues a refund in one case only: where the Service was unavailable for a continuous period caused by Witnio, in which case you may request a pro-rata credit or refund of the subscription fee for the affected period. Unavailability caused by your own systems, your provider, a carrier, a target site, a maintenance window, a suspension under these Terms, or an event of force majeure is not Witnio-caused and does not qualify.

A request must be made within 30 days of the affected period and is settled against Witnio's own operational records, which you may ask to see for the period in question.

A free trial exists only where your Order expressly offers one. Trials are not offered by default. Where offered, a trial runs for the period stated in the Order — 14 days unless stated otherwise — under strict limits: a single corridor, low quotas, no dedicated resources, and no access to higher-risk functions. A trial confers no refund rights and converts to nothing automatically.

13. Your data and your evidence

As between the parties, you own Customer Data and the Evidence generated for you. Witnio processes it to deliver the Service, to keep the Service secure, and to meet its legal obligations.

Before anything is persisted, and before anything is sent to an AI provider through Witnio's AI router, one-time passcodes, third-party telephone numbers, sensitive content, tokens, cookies and identifiers not needed for the result are masked or minimised. A one-time passcode is never stored in the clear.

Evidence is retained according to the published retention baseline — screenshots 90 days, video 30 days, operational logs 30 to 90 days, aggregated metrics long term, sensitive raw data for the minimum necessary time — unless your Order states a longer contractual retention for paid Evidence.

Where Evidence contains personal data for which you are the controller, the Data Processing Addendum governs Witnio's processing of it.

14. Intellectual property

Witnio owns the platform, the device fleet, the software, the Evidence format and manifest schema, the signing scheme, the documentation, and every improvement to them. Nothing in these Terms transfers any of that to you.

You grant Witnio a non-exclusive, worldwide licence to host, process, transmit, display and store Customer Data during the term, solely to provide, secure and support the Service.

Witnio may use aggregated, de-identified data derived from operating the Service — for example fleet capacity, latency distributions and failure rates — to operate, benchmark and improve it. Such data never identifies you, your customers, your targets, your senders or your Evidence, and Witnio will not publish it in a form from which you can be identified.

If you send Witnio feedback or suggestions, Witnio may use them without restriction and without obligation to you.

You may use your Evidence freely, including with auditors, regulators, insurers and counterparties. You may not resell the Service, or offer it to third parties as a service of your own, without Witnio's written agreement.

15. Confidentiality

Each party may receive information the other marks as confidential, or that a reasonable person would understand to be confidential. The receiving party will use it only to perform under these Terms, protect it with at least the care it uses for its own confidential information, and disclose it only to personnel and contractors who need it and are bound by comparable duties.

This does not apply to information that is public without breach, was already known free of any duty, is independently developed, or is lawfully received from a third party. A party may disclose where legally compelled, giving the other party notice where it is lawful and practical to do so.

These duties run for the term and for three years after it, and indefinitely for anything that qualifies as a trade secret.

16. Availability, maintenance and support

Witnio provides the Service on a commercially reasonable, best-effort basis. Witnio does not commit to any availability percentage, response time or restoration time, and none is implied by these Terms, by a dashboard, or by any statistic published on this website.

A contractual service level exists only where the parties sign a separate written service level agreement. Absent that document, there is no service level.

Witnio may perform maintenance and may take devices, corridors or the platform out of service for it. Where planned maintenance is expected to affect your Checks, Witnio aims to give advance notice; emergency maintenance may be performed without notice to protect the security or integrity of the platform.

Support is provided through the channels and during the hours stated on this website or in your Order.

17. Suspension and the kill switch

Witnio may suspend an API key, a user, or your entire Account, stop new jobs, and refuse specific Checks — immediately and without prior notice — where it reasonably believes there is abuse, a compromised credential, an attempt to reach another tenant's data, a request flood, an anomalous spend, hostile behaviour, a breach of the Acceptable Use Policy or of your warranties, a legal requirement, or a risk to the platform, to another customer or to a third party.

Suspension is targeted. It preserves the Evidence already generated and does not take down the platform. Witnio will tell you the reason unless a law or an active investigation prevents it, and will restore the Service once the cause is resolved.

A suspension caused by your act or omission does not entitle you to a refund, a credit or an extension, and does not suspend your payment obligations.

Witnio may report unlawful activity to the competent authority and to an affected provider, and may preserve records for that purpose.

18. Disclaimer of warranties

To the maximum extent permitted by law, the Service, the devices, the corridors, the Evidence and everything else Witnio provides are given "as is" and "as available". Witnio disclaims all warranties, express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement and accuracy, and any warranty arising from a course of dealing or a usage of trade.

Witnio does not warrant that the Service will be uninterrupted, timely, secure or error-free; that a message or call will arrive or be observed; that a device, SIM, carrier or corridor will be available at a given moment; that a Check will reproduce a result obtained earlier; or that the Service will satisfy a legal, regulatory or contractual requirement that applies to you.

Observation depends on third parties Witnio does not control — your systems, your providers, carriers, target sites, device manufacturers and operating systems. A negative or absent observation is evidence of what the device saw; it is not proof of what any third party did.

Any summary, classification or recommendation produced with AI assistance is an inference and is labelled as one. Deterministic facts come from deterministic systems. Do not rely on an inference as a fact.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions these exclusions apply to the fullest extent the law permits.

19. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, goodwill, business opportunity or anticipated savings, or for the loss or corruption of data — even if the party was told such loss was possible, and even if a remedy fails of its essential purpose.

To the maximum extent permitted by law, Witnio's total aggregate liability arising out of or relating to these Terms and the Service, on any theory of liability, will not exceed the total fees you actually paid to Witnio for the Service in the twelve months immediately preceding the first event giving rise to the claim. Where you have paid nothing, including during a trial, Witnio's total liability is one hundred United States dollars.

The cap and the exclusion above do not apply to: your obligation to pay fees; your indemnification obligations; your breach of the Acceptable Use Policy or of the warranties in section 7; either party's breach of confidentiality; or either party's fraud or wilful misconduct, or any liability the applicable law does not permit to be limited, including liability for death or personal injury caused by negligence.

These limits are an agreed allocation of risk reflected in the price of the Service, and they survive termination. A claim must be brought within one year after it arose, except where the applicable law forbids that limit.

20. Indemnification

You will defend Witnio, its affiliates and their personnel against any third-party claim, demand, investigation or proceeding, and will indemnify them for the resulting damages, fines, penalties, settlements and reasonable legal costs, where the claim arises from: your Customer Data or your targets; your breach of these Terms, of the Acceptable Use Policy, or of the warranties in section 7; your use of the Service to observe, receive or record a communication you were not authorised to observe, receive or record; a claim by an end user, a subscriber, a provider or a carrier relating to traffic you directed at the Service; your infringement of a third party's rights; or your breach of a law that applies to you.

Witnio will defend you against a third-party claim that the Service, as provided by Witnio and used in accordance with these Terms, infringes that third party's intellectual property right, and will indemnify you for damages finally awarded or agreed in settlement. This does not apply where the claim arises from Customer Data, from your targets, from use outside these Terms, from a modification Witnio did not make, or from a combination with anything Witnio did not supply. Witnio may, at its option, obtain the right to continue, modify the Service, or terminate the affected part and refund the unused prepaid fees for it. This is your sole and exclusive remedy for an infringement claim.

The party seeking indemnity will give prompt written notice, allow the indemnifying party to control the defence, and cooperate reasonably. No settlement that admits fault or imposes a non-monetary obligation on the other party may be made without that party's consent.

21. Term and termination

These Terms start when you first accept them or first use the Service, and run until every subscription under them has ended.

Either party may terminate for material breach if the breach is not cured within 30 days after written notice. Witnio may terminate immediately, without a cure period, for a breach of the Acceptable Use Policy, a breach of the warranties in section 7, non-payment after the grace period, or an activity that exposes Witnio, another customer or a third party to legal risk.

Either party may terminate immediately if the other becomes insolvent, enters liquidation, or makes a general assignment for the benefit of creditors.

Witnio may discontinue a product or a corridor on 60 days' notice, and will refund the unused prepaid fees for the part discontinued.

On termination your right to use the Service stops and all outstanding fees become due. The sections that by their nature should survive — including definitions, accrued fees, your warranties, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, governing law, dispute resolution and this section — survive.

22. Data export and deletion

During the term you may export your Evidence and your configuration through the Service at any time.

After termination, Witnio keeps Customer Data available for export for 30 days. After that period Witnio deletes it or irreversibly anonymises it, except where a law requires it to be kept, where it is needed to establish or defend a legal claim, or where it survives only in backups, which are overwritten on their normal cycle.

You may ask Witnio in writing to delete Customer Data earlier. Deleting the Evidence for a Check destroys the ability to verify that Check later, and Witnio is not liable for the consequences of a deletion you requested.

23. Changes to these terms

Witnio may change these Terms. Witnio will publish the new version and notify you at least 30 days before it takes effect, by email to your Account contact or inside the Service.

A change required by law, or needed to address a security risk or an active abuse, may take effect sooner where a delay would be unreasonable.

If a change materially reduces your rights, you may terminate before it takes effect and receive a refund of the unused prepaid fees. Continuing to use the Service after the effective date is acceptance.

Witnio does not change the price for a term you have already paid for.

24. Governing law and venue

These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The courts of the state and federal courts located in Orange County, Florida, United States have exclusive jurisdiction and both parties submit to it — subject to the next section, and to any non-waivable right you have to bring proceedings in the courts of your own country of establishment.

25. Dispute resolution

Before starting formal proceedings, the parties will try in good faith to resolve the dispute: the complaining party sends a written notice describing it, and senior representatives of both parties confer within 30 days.

If the dispute is not resolved within 60 days of that notice, either party may elect to have it finally resolved by confidential, binding arbitration before a single arbitrator under the rules of the American Arbitration Association under its Commercial Arbitration Rules, seated in Orlando, Florida, United States, conducted in English or Spanish as the parties agree. Judgment on the award may be entered by any court of competent jurisdiction.

Each party brings claims only in its individual capacity, and not as a plaintiff or class member in a class, collective or representative proceeding; the arbitrator may not consolidate the claims of more than one party. If this paragraph is held unenforceable, the arbitration agreement in this section does not apply and the dispute goes to the courts named above.

Either party may seek interim or injunctive relief from a competent court to protect its intellectual property, its confidential information, or the security of the platform, without waiving this section.

Nothing here removes a right that cannot be waived under a law protecting you. The Service is, however, offered to businesses only.

26. Force majeure

Neither party is liable for a failure or delay caused by an event beyond its reasonable control, including natural disaster, earthquake, flood, fire, epidemic, war, civil unrest, terrorism, labour action, an act of a government or regulator, or the failure or degradation of a carrier, of the public internet, of a cloud or hosting provider, of electric power, or of telecommunications. Payment obligations already accrued are not excused.

The affected party will notify the other and use reasonable efforts to resume. If the event continues for more than 30 consecutive days, either party may terminate the affected subscription, and Witnio will refund the unused prepaid fees for the period not delivered.

27. Export control and sanctions

Each party will comply with applicable export control and economic sanctions laws, including those of the United States, the European Union and Costa Rica.

You represent that you, your parent, your controlling owners and your users are not on a restricted or denied party list, are not located in or organised under the laws of a comprehensively sanctioned territory, and are not acting for anyone who is; and that you will not use the Service in or for the benefit of such a territory or person, or for any prohibited end use.

Witnio may refuse, suspend or terminate service where it reasonably believes this section is breached, or where continuing would expose it to sanctions risk.

28. General

Assignment. You may not assign these Terms without Witnio's written consent, except to a successor of your entire business that is not a competitor of Witnio and that assumes these Terms in full. Witnio may assign to an affiliate or to a successor of its business. Any other assignment is void.

Independent parties. The parties are independent contractors. Nothing creates a partnership, joint venture, agency or employment relationship, and neither party may bind the other.

No third-party beneficiaries. These Terms benefit only the parties, except for the indemnified persons named in section 20.

Entire agreement. These Terms, the documents they incorporate, and your Order are the entire agreement on this subject and replace every prior proposal, statement, quote, roadmap or representation. You have not relied on anything outside them. A purchase order or vendor form you issue has no effect on these Terms, whatever its wording.

Severability and waiver. If a provision is held unenforceable it is limited to the minimum extent necessary, or severed, and the rest stays in force. A failure or delay in enforcing a right is not a waiver of it, and a waiver is effective only in writing.

Publicity. Neither party may use the other's name, logo or marks in public without prior written consent.

Language. These Terms are published in English and in Spanish. The English version prevails in the event of a discrepancy. English prevails to the extent permitted by Florida law.

Interpretation. Headings are for convenience only. "Including" means "including without limitation".

29. Notices and contact

Notices to Witnio must be in writing and sent to [email protected]; a notice concerning termination or a legal claim must also be sent to the postal address stated in the customer's account and on every invoice.

Notices to you are sent to the Account contact address you registered, or shown inside the Service. Keeping that address current is your responsibility.

Questions about these Terms: [email protected]. Abuse reports: [email protected]. Privacy requests: [email protected]. Security reports: [email protected].