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We make available access to and use of various services, products, websites, and mobile applications (collectively, the “Services”), including data access plans (such as Samosim Flex, Samosim Fixed), eSIM, and other offerings and technology to facilitate connectivity while travelling. Our Services are further described on our website and in our documentation and policies. These Terms and Conditions (the “Legal Terms” or “Agreement”) apply to your access and use of our Services.
We reserve the right to update and modify these Legal Terms at any time without prior notice (or the minimum notice required by applicable law). Any updates or modifications to these Legal Terms will be effective immediately upon posting (or as soon as permitted by applicable law). Your continued use of the Services following a notice of updated Legal Terms constitutes your acceptance to be bound by any such updates or modifications to the extent permitted by law. The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
Our Services can be used in over 200 countries as further described on our website, but that may change from time to time.
However, the Services are not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration or governmental licensing requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from any such locations do so on their own initiative and are solely responsible for compliance with local laws and regulations, if and to the extent local laws and regulations are applicable to the Services or related information.
The Services are NOT designed to comply with industry-specific regulations (e.g., relating to health care, financial or other sensitive or regulated data). Additionally, the Services are NOT intended for emergency purposes and should not be solely relied on for emergency or life-threatening situations.
We are the owner or the licensee of all intellectual property rights in and to the Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Samosim IP"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Samosim IP and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
Samosim IP and Marks are provided AS-IS for your personal, non-commercial use only in connection with the Services. Subject to the other provisions of these Legal Terms, we grant to you a non-transferable, non-exclusive, worldwide limited right to access and use the Services (including Samosim IP) for your personal purposes in accordance with our documentation and policies. You may use the Services only for lawful purposes and in accordance with these Legal Terms.
By accessing the Services, you represent and warrant that you are legally permitted to use and access the Services, and any data you process or transmit relating to that use, and take full responsibility for your access, selection, and use of the Services.
We reserve the right to change, modify, suspend, or remove Services and related content at any time or for any reason at our sole discretion without notice or liability to you or any third party. However, we have no obligation to update any information on our Services.
We cannot guarantee the Services will be available at all times. We or our suppliers or partners may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services other than in accordance with our then current policies or to supply any corrections, updates, or releases in connection therewith.
There may be information on or relating to the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on or relating to the Services at any time, without prior notice.
You represent and warrant that: (1) all registration and other information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose or in violation of any acceptable use or other applicable policy; and (7) your use of the Services and any data or content you transmit or process will not violate any applicable law or regulation or the rights of any third party.
If you provide any information that is (or which we believe may be) untrue, inaccurate, not current, incomplete, or in violation of any law, regulation, or third party right, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You may not upload, post, or transmit any data, information, or content that: (1) would violate or infringe the proprietary, privacy, publicity, or intellectual property rights of us or any third party; (2) is obscene, defamatory, threatening, harassing, abusive, libelous, hateful, or harmful to any other person or entity; (3) violates any applicable law, statute, ordinance, or regulation; (4) puts in jeopardy the security of your or any other account, or our Services; or (5) promotes or displays any of the following content: (a) pornography; (b) violence; (c) racial intolerance or advocacy against any individual, group, or organization; (d) profanity; or (e) illicit drugs and drug paraphernalia. We reserve the right, but have no obligation, to pre-screen, review, flag, filter, modify, refuse, and remove any and all content from the Services. You understand and expressly acknowledge that by using our Services you may be exposed to content that you find offensive, indecent, or objectionable and that we will not be liable to you or any other person or entity for your consumption of any content on our Services.
You hereby grant us and our contractors, representatives, and agents a right and license to access, store, process, and use any data, information, or content that you provide as necessary to perform our obligations, provide the Services, and otherwise exercise our rights specified in these Legal Terms.
Notwithstanding anything to contrary and to the extent permitted by law, we may monitor your use of the Services and use or exploit your data, information, and content in an aggregate or anonymous manner, to compile statistical and performance information related to the efficacy, provision, and operation of the Services, or to develop and commercialize new products or services or for artificial intelligence or machine learning. We retain sole and exclusive intellectual property rights in and to such aggregated and/or anonymous information, the results of any artificial intelligence or machine learning, and any improvements or new products or services we develop.
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Certain Services may be available for purchase through offerings or plans that we describe on our website or documentation, and such Services may include credits or rights to access or use Services (e.g., for a specified number of days or amount of data) over a period of time or as otherwise indicated. Service plans, rights, fees, and credits are not redeemable for cash and are non-refundable and non-cancellable by you, except as otherwise provided in these Legal Terms, our policies, and applicable laws and regulations.
As you use the Services the amounts on your account are reduced based on your usage. Certain Service plans and offerings may include a maximum amount of use of the Services during a specified period of time (e.g., up to xx days or GBs during the next 12 months) for a fee payable upfront or on a recurring basis. If you do not use the maximum amount of such Services, you will not be entitled to a refund. Depending on the specific Service you purchased and other factors, you may or may not be able to carry over unused Services to another period.
Service plans may include:
Our Service plans are further described here.
You should carefully consider the Service plan that is best for you. If you do not use the maximum amount of credits, data, or services relating to a Service plan, you will not get a refund, and your ability to carry-over the unused amount is not guaranteed, unless expressly provided otherwise or required by law or regulation. Certain Service plan never expire as described in the applicable Service plan.
If you do not use your Service plan for an extended period of time (12 months or as otherwise determined by Samosim), Samosim may designate your account as “inactive”. You may reactivate the account pursuant to these Legal Terms and our policies through a reactivation method we provide you.
We accept the following forms of payment, which may change from time to time, or be facilitated by third parties:
You agree to provide current, complete, and accurate payment, purchase and account information. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Your separate agreement with your indicated payment method (e.g., the card issuer or other third party) governs your use of the designated payment method service, and you must refer to that agreement and not this Legal Terms to determine your rights and liabilities relating thereto.
All of our prices are exclusive of taxes. You are responsible for all sales, value-added, or other taxes (excluding our U.S. income tax) relating to your use of the Services or any purchase or transaction. We may charge those taxes when we collect or process payment with you. You will indemnify us and our affiliates and representatives for any such taxes or related claims or losses for which you are responsible.
We may change Service offerings or plans and related prices and terms at any time. All payments shall be in U.S. dollars and are non-refundable and non-cancellable, except as expressly provided otherwise.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping or processing fees, expenses or taxes, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
If your order or purchase is subject to recurring charges or any renewal, then you consent to our charging your payment method on a recurring basis, without requiring your prior approval for each recurring or renewal charge, until such time as you cancel. You can cancel an upcoming recurring or renewing Service or charge as described in these Legal Terms, on our website or by contacting us at hello@samosim.com. We may automatically charge you until you cancel for applicable Services.
We reserve the right to correct any errors or mistakes in Service plans, pricing, charges, or otherwise, even if we have already requested or received payment.
We reserve the right to refuse any activation request or order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or otherwise. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
From time to time, we may offer promotional rewards, discounts, or credits (“Rewards”) that can be applied by you toward certain plans and transactions relating to the Services if timely used by you, as further described in any information we provide you relating to a specific Reward and our then current Rewards policies. Rewards cannot be exchanged for cash and are not subject to any refunds. Rewards will expire if not timely used by the designated expiration period (typically 1 to 6 months, depending on the specific Reward). If not otherwise stated by us, Rewards expire after 6 months from issuance, and we reserve the right to reduce the applicable expiration period to 3 months upon notice to you or posting on our website, as and if permitted by law.
All transactions are final and no refund will be issued, unless expressly provided otherwise in these Legal Terms or required by law.
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
The following terms apply when you use the App obtained from either the Apple Store, Google Play, or any other similar store or distributor (each an “App Distributor”) to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the these Legal Terms or any other terms and conditions of the mobile application or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of our Services or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
These Legal Terms shall remain in full force and effect while you access, use, or are subscribing to the Services.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
These Legal Terms shall remain in full force and effect while you use the Services, and applicable provisions survive termination and expiration as necessary to give effect to the intent.
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.
Any legal action of whatever nature brought by either you or us (collectively, the "Parties" and individually, a "Party") shall be commenced or prosecuted in the state and federal courts located in United States, Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose.
Any dispute between you and us will be conducted only on an individual basis, and neither party may bring claims against the other as a plaintiff or class member in any purported class or representative action or proceeding, including any mass arbitration, private attorney general action, or consolidated proceeding. No proceeding may be combined, consolidated, or joined with another proceeding without the prior written consent of all parties to the proceeding. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law.
Unlimited data is subject to fair usage policies and defined by standard operator practices and local regulations in the country of use. Excessive or non-standard usage (e.g., tethering, bulk downloads, commercial use) may result in reduced speeds, service restrictions, or additional charges, as per the destination operator’s terms and applicable laws.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) access to or use of the Services, except to the extent arising from our willful misconduct or gross negligence in providing the Services; (2) your breach of these Legal Terms, including your representations and warranties set forth in these Legal Terms; (3) your data, information, or content, including any violation of the rights of a third party relating thereto, including but not limited to intellectual property or privacy rights; or (4) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Accessing or using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Legal Terms, any supplemental terms we may post on the Services for a particular Service plan or Reward, and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign or delegate any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms, modified to the extent legally permissible to reflect the original intent and still comply with law, and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
If you have any questions about our practices or this Privacy Notice, please contact us by email at hello@samosim.com.
SamoSim is a sub-brand of IB Diffusion.
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