General terms and conditions: June 2023

Contact

For further information, please contact customer support at support@e-simweb.com

Definitions and framework

The "Product" is available only through Simweb applications on an authorized device. The product, which is not available in all regions or on all devices, is subject to these Terms and Conditions.

These General Terms and Conditions, including the provisions relating to the protection of personal data mentioned herein (collectively, the "Agreement"), set forth the terms and conditions that apply to your use of the Product. The terms "Customer," "You," and "your" refer to the customer of the Product as defined above, and "Simweb," "we," and "us" refer to the company Sim To World, which is contracted to provide you with the Product. Your order of the Product, your use of the Product, your creation of an account, and your payment for its use constitute your unconditional agreement and acceptance of the terms and conditions set forth in this Agreement, which you can view at www.e-simweb.com . You may not use the Product if you do not agree to be bound by this Agreement.

This Agreement may be subject to change. We may modify it from time to time. Unless otherwise stated in this Agreement, all modifications will take effect immediately upon their posting on the website www.e-simweb.com (the "Website"). In the event of a significant change to this Agreement, we will endeavor to notify you separately. YOUR CONTINUED USE OF THE PRODUCT AFTER THEIR POSTING ON THE WEBSITE WILL CONSIDER THAT YOU HAVE FINAL ACCEPTED SUCH MODIFICATIONS.

By ordering the Product, You agree that You are authorized to use the Product and that You must make the payment for this Product in accordance with these Terms and Conditions.

The Product consists of providing eSIM cards with prepaid cellular data plans (data provision available for a specified period) to enable your Device to connect to the Internet (the "Data Plans").

The countries where you can use the Data Plans are listed with the available offers. Available offers may change from time to time and depend on the country you are in at any given time.

To ensure the provision of the Product, Sim To World has entered into an agreement with several cellular service providers (mobile operators) worldwide to access their mobile networks (collectively referred to as the "Mobile Network"). Sim To World provides you with the Product but does not, under any circumstances, provide you with a telephone number or the ability to make or receive voice calls (including calls to 911 and other emergency numbers) or to send or receive SMS or text messages.

License

Subject to the terms of this Agreement, we grant you a revocable, non-exclusive, and non-sublicensable license to use the Product, which may not be transferred for use on any other device, according to the terms and duration of this Agreement.

CONTRACT

This Agreement becomes effective and binding between Sim To World and the Client when the Client begins using the Product. This Agreement remains in effect until terminated as set forth herein.

The Product is sold exclusively on a prepaid basis.

All products, including associated offers and promotions, may be subject to additional specific terms and conditions. These terms and conditions are updated periodically, so please check them regularly on our website.

You will be responsible to us under this Agreement for the actions taken by any other person to whom you have authorized the use of the Products on your behalf.

Our obligations

Sim To World will provide the Product in accordance with the Contract, in compliance with the description of the Data Package, from the date on which the Customer begins to use the Product or subscribes to said Data Package.

We will ensure that the Product is available to you wherever possible. However, the accessibility and quality of the Product may be affected by factors beyond our control, such as physical obstacles, weather conditions, and outages on the Mobile Network (the infrastructure, software, and hardware that enable a cellular service provider/mobile operator to deliver wireless internet services to subscribers), when such outages and their repairs are not our responsibility. We or our mobile operator partners (any company operating a mobile internet network that owns or controls all the elements necessary to sell and deliver mobile internet services) may occasionally need to carry out upgrades or maintenance on the Mobile Network that could affect the accessibility and/or quality of the Product. We will strive to minimize such interruptions, but these inconveniences may be beyond our control.

We will provide the Product with reasonable skill and care, and we will make reasonable efforts to make the Product accessible to you. If you experience any problems with our Product or suspect any fraudulent activity on your account, please contact Customer Support immediately.

We may modify the Product from time to time and without notice to comply with legal, regulatory, safety, or other requirements. We will do our best to minimize the impact this has on the Product's scope.

Your obligations

You are required to use the Product in accordance with this Agreement and any other reasonable instructions that we or Customer Service may provide from time to time. In particular, you are not authorized to use the eSIM in any device other than the one it was delivered with, or is intended to be used with (if it was not delivered with the eSIM). It is also understood that the eSIM remains the property of Sim To World and/or its selected partners.

You must provide us with your first and last name, email address and residential address when opening your Account.

The eSIM does not have a default PIN. You are solely responsible for controlling access to your eSIM, and you agree to pay for the service whether or not you have authorized its use. We will not be liable for any fraudulent use of your eSIM. If you believe your eSIM is being used without authorization, you must contact Customer Service immediately so that the appropriate changes can be made to your account.

The eSIM is assigned to the Device owner upon order placement. The Device owner remains responsible for its use at all times, including in the event of a change of ownership of the Device.

The Product is intended for use in web browsing, email, downloading applications and content to and from the internet or third-party applications, and using applications and content without contributing excessively to network congestion.

Under no circumstances will you use the Product for any unlawful, abusive, or fraudulent purpose, including, for example, use of the Product that interferes with our ability to provide the Product to you or other customers; abuses any promotional program or benefits; or circumvents your obligation to pay for the Product. You will not use the Product in any way that may impair network capacity or security, contribute excessively and disproportionately to network congestion, adversely impact network service levels or legitimate data flows, degrade network performance, or cause harm to the network or other customers.

You will not take any action that Sim To World believes interferes with the Product or other Sim To World customers, infringes upon the rights of any third party, or otherwise constitutes misconduct. If we have reason to believe that you, or anyone else using your eSIM, is misusing the Product or otherwise violating this Agreement, we will be entitled to immediately suspend, restrict, or cancel your eSIM and your ability to use the Product without prior notice. Furthermore, we reserve the right, at our sole discretion and for any reason, to suspend, restrict, modify, or terminate your eSIM and your access to and use of the Service and/or refuse to allow you to subscribe to new Data Plans. You are liable for all charges related to your account, whether or not they were incurred by you personally, except for those incurred after you have informed Customer Service of the loss or theft of your eSIM card, and Customer Service has acknowledged receipt of this report in writing.

Eligibility

If you are under 18, your parent or legal guardian must also read and agree to be bound by these Terms and Conditions. You agree that you are responsible for paying the fees for using the Product, or if you are under 18, that you are authorized to use the Product by the adult responsible for paying the fees.

You acknowledge that Sim To World may immediately suspend certain services to comply with applicable laws. You are solely responsible for the content you transmit through the Product. We will not be liable for any content you send or receive.

You are responsible for informing Customer Service as soon as possible of any changes to your contact details.

Costs

To use the Product, you must have a valid Data Plan. For a Data Plan to be valid, it must not be used up or expired, and it must be valid in the country you are currently in. You can check if you have a valid Data Plan in your Simweb account. When you are using the Product and your Data Plan runs out (is used up or expired), internet access will be automatically suspended, but you will still have access to your Simweb account.

Your data plan will be charged based on your use of the Product (according to your consumption of your data allowance).

Your data allowance under the Plan may only be used for our Product on your Device, and you will not be entitled to a refund for any remaining credit or allowance unless expressly stated otherwise in this Agreement. Credit and allowances are non-transferable, and no interest will be charged on allowances or credit balances.

Taxes and other fees

You are required to pay all taxes, duties, surcharges, and other charges that we bill you for the Product, unless you can provide satisfactory proof of exemption. We will not provide prior notice of changes to taxes, duties, surcharges, and other charges, except as required by applicable law.

At what point are we likely to suspend or disconnect your Product?

We may, without incurring any obligation to you, suspend or disconnect the Product and/or your eSIM card, without prior notice:

a) If we are justified in terminating this Agreement due to your breach of it but choose to allow you to remedy your breach where reasonably possible.

b) If the Government and/or an emergency service body or any other competent body or legitimate authority asks us to do so.

c) In case of repairs or maintenance, or for safety or operational reasons.

d) If we detect fraudulent or unusual use of your eSIM card or one or more services (e.g., abnormally high usage types).

e) If we have good reason to believe that you are breaching this Agreement.

f) If Sim To World or its partners are informed that your eSIM card has been stolen/lost/damaged or destroyed.

g) If your eSIM card or your Device interferes with normal network operation or if your account is unpaid.

h) If you do not use the Products in accordance with applicable local laws and regulations.

i) If you have not used the Product since acquiring the eSIM card and/or if you have not topped up your account after your credit has expired for an extended period.

j) If you have not used the eSIM card after a period of twenty-four (24) months.

If we suspend or disconnect your Product, we will give you the opportunity to restart the Product for a period of 3 months following the suspension of the Product, provided that you meet the Sim To World conditions.

Internet access

We make no guarantees as to the accuracy, completeness, reliability, or continued availability of the content or information displayed on third-party sites or in resources that you access through the Product.

We will not be held liable for any damages should a virus infect your equipment, whether transmitted through the Product or otherwise. It is your responsibility to protect your equipment with appropriate antivirus software.

Devices

You must use the Product in accordance with this Agreement and any other reasonable instructions that we or Customer Service may give you from time to time. You are responsible for ensuring that your device is compatible with eSIM technology.

Compensation

You agree, at your own expense, to defend, indemnify and hold harmless Sim To World and its affiliates, subsidiaries, shareholders, directors, officers, employees and representatives from and against any and all claims, causes of action, actions, judgments, liabilities and/or damages (including, without limitation, reasonable expenses and reasonable legal costs) arising out of or relating to your use of the Product, your Account (including any third-party use of your Account) and this Agreement.

Limitation of liability

EXCEPT FOR DAMAGES CAUSED BY OUR INTENTIONAL FAULT, WE SHALL IN NO EVENT BE LIABLE FOR DAMAGES EXCEEDING THE AMOUNT OF THE FEES WE CHARGE YOU FOR YOUR ACTUAL USE OF THE PRODUCT DURING THE PRECEDING ONE-MONTH PERIOD. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, OR INCREASED OPERATING COSTS, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF HOW THE CLAIM IS MADE OR WHATSOEVER THE LEGAL BASIS ON WHICH IT IS BASED (WHETHER IN CONTRACT, TORT, STATUTE OR OTHERWISE).

No warranty

WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, MERCHANTABILITY, TECHNICAL COMPATIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY SERVICE, PRODUCTS, OR MATERIALS PROVIDED UNDER THIS AGREEMENT AND ON THIS WEBSITE. WE ALSO DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING OUR EMPLOYEES, REPRESENTATIVES, OR AGENTS, TO MAKE ANY WARRANTIES OF ANY KIND ON OUR BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH WARRANTIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, BECAUSE THE PRODUCT IS PROVIDED IN PART ON NETWORKS THAT ARE NOT UNDER OUR CONTROL, THESE NETWORKS MAY BE SUBJECT TO FAILURES, INTERRUPTIONS, AND INTERCEPTIONS, AND THAT WE ARE NOT LIABLE FOR ANY SUCH FAILURES, INTERRUPTIONS, OR INTERCEPTIONS. SIM TO WORLD IS NOT RESPONSIBLE FOR THE CONTENT OF COMMUNICATIONS TRANSMITTED THROUGH THE SERVICE.

Protection of personal data

“Personal data” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identity document, an identification number, geographical coordinates, economic information, an online identifier or to one or more factors specific to the physical identity of that natural person.

Your personal data is collected by Sim To World for the purpose of optimizing the proper functioning of the Product and complying with relevant laws and regulations regarding user identification. This data will be deleted at the end of your contract, or within one year of the contract's termination if identification is required, unless a longer retention period is imposed or permitted by applicable law.

Your personal data is collected by Sim To World in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”).

In particular, the security and confidentiality of your Personal Data will always be protected in accordance with the GDPR, even if you are not a national of a Member State of the European Union.

Your personal data will be processed solely by Sim To World or its partners, provided that the latter are subject to contractual clauses concluded with Sim To World in compliance with the GDPR.

In the event of a transfer of your Personal Data outside the European Union, protection similar to that provided by European regulations will be ensured.

You have the right to access and rectify your personal data at any time, as well as the right to object to its processing. To exercise any of these rights, please contact Customer Service at the following address: support@e-simweb.com .

Brands

All company names, service marks, logos, trade names, trademarks, websites and domain names of Sim To World (collectively, the “Marks”) are and shall remain the exclusive property of Sim To World, and nothing in this Agreement authorizes you to use these Marks without our prior written permission.

Transfer

We are entitled to assign all or part of our rights and obligations under this Agreement to any party at any time without notice. In such case, we will have no additional obligations to you with respect to such assignment. You may not assign your rights and obligations under this Agreement without our prior written consent.

Severability of clauses

In the event that any provision of this Agreement is deemed invalid, illegal or unenforceable, the other provisions of this Agreement shall remain in effect.

Integration – Entire Contract

This Agreement, together with all written amendments and addenda, shall constitute the entire agreement between you and Sim To World regarding the Product, and shall supersede all prior or contemporaneous agreements or arrangements, whether written, electronic, or oral, between you and Sim To World. No written or oral statement, advertisement, or description of service not expressly contained in this Agreement shall contradict, modify, or supplement it. You agree and acknowledge that you will not rely on any statement made by Sim To World that is not included in this Agreement.

Force Majeure

Sim To World will in no event be liable for any delay in performance or non-performance of any part of this Agreement to the extent that such delay or non-performance is caused by fire, flood, explosion, war, embargo, governmental requirement, civil or military authority, natural disaster or any other similar cause beyond the control of Sim To World.

No waiver

The fact that Sim To World does not exercise any of its rights under this Agreement as a result of a breach by a Customer or under any condition, agreement or provision contained herein shall not be construed as a waiver of such right, nor as a waiver of its right to assert such breach or any subsequent default.

Applicable law

If you are a distributor, this Agreement will be governed exclusively by and construed in accordance with French law. Any claim or proceeding arising out of or relating to this Agreement, you agree to submit to the exclusive jurisdiction of the courts of Valenciennes, France. Any action taken to enforce this Agreement, including, without limitation, any action brought by Sim To World to recover costs due hereunder, you will pay Sim To World's reasonable attorneys' fees and all costs associated with such action. You agree and acknowledge that this provision of applicable law applies regardless of your place of residence or where you use or subscribe to the Product.

Unless otherwise provided in applicable legislation, if you are a consumer, you are also subject to the exclusive jurisdiction of the courts of Valenciennes, France.