1. Introduction and Agreement

1.1 This agreement is between Simly: eSIM DataFlow and you, the individual who has downloaded the Simly eSIM service app on your device and opened an account with Simly (“you” or “Customer”). This agreement governs your use of the Simly eSIM service (the “Service”), data plans offered by Simly, and any associated data services.

1.2 By downloading the Simly eSIM app and using the service, you agree to the terms outlined in this agreement. This contract remains in effect until terminated as detailed in these terms.

1.3 If you are under 18, a parent or guardian must read and agree to these terms. You confirm that any charges incurred will either be paid by you or by the responsible adult.

2. Payment

2.1 Payment for Data Plans must be made in advance.

2.2 Upon confirming your order, you agree to pay the listed price for the selected Data Plan.

2.3 Payment can be made via the methods provided in the Simly app. By entering payment details, you authorize Simly to charge your account for the Data Plan and any future purchases.

2.4 All payments are processed in the default currency shown in the app, inclusive of applicable taxes.

2.5 Simly does not offer refunds except in cases of clear errors caused by Simly.

2.6 Simly reserves the right to withhold order confirmation in the event of supply issues or other difficulties regarding payment.

3. Data Plans

3.1 Simly eSIMs do not come preloaded with data. A data plan must be purchased separately.

3.2 Once purchased, a Data Plan’s validity starts when you manually activate it in the Simly app.

3.3 Expired data plans cannot be extended or refunded.

3.4 Data plans are non-refundable once purchased.

3.5 Simly Data Plans cover data usage only. Voice, SMS, and MMS services are not included.

3.6 Data Plan availability may change based on your current location.

3.7 Simly reserves the right to change pricing or terms of service at any time. Continued use after changes implies acceptance.

3.8 Order confirmations for data plans are accessible in the “Order History” section of the Simly app.

4. Privacy and Data Protection

4.1 Simly processes your personal data in compliance with applicable privacy laws.

4.2 Your data will be processed to manage your account, provide the service, and for other purposes as outlined in Simly’s Privacy Policy.

4.3 Simly will not disclose your personal data without your consent unless legally required or necessary to provide the service.

4.4 You have the right to request access to or correction of your personal data.

4.5 For marketing purposes, Simly may use your data with your consent. You can opt-out of marketing communications at any time.

5. Losing Your SIM or Device

5.1 If your device is lost, stolen, or damaged, notify Simly immediately. You remain liable for any usage until Simly is informed.

5.2 Simly does not offer refunds for lost devices, but you can continue using the Service on a replacement device by reinstalling the Simly app.

6. Suspension and Termination

6.1 You can cancel your Simly service at any time by deleting the Simly app. Any unused data or credit will be forfeited.

6.2 Simly may suspend or terminate your service for reasons including, but not limited to:

6.3 If your service is disconnected for these reasons, any remaining credit will be lost.

6.4 Simly may terminate this agreement with 30 days’ notice. Upon termination, all services will cease.

7. General Terms

7.1 Regulatory changes may require adjustments to these terms. Any such changes will be posted in the Simly app.

7.2 All intellectual property rights related to Simly’s services and trademarks remain with Simly.

7.3 If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions will continue in effect.

7.4 This agreement is personal to you and cannot be transferred without Simly’s prior consent.

7.5 This agreement constitutes the entire understanding between you and Simly regarding the service.

7.6 This agreement is governed by the laws of the country in which Simly operates, and any disputes will be resolved in the courts of that country.

8. Liability Limitations

8.1 Simly is not liable for any indirect, incidental, or consequential damages, including but not limited to:

8.2 Simly shall not be responsible for any interruptions, delays, or errors in the service that arise from factors beyond its control. This includes, but is not limited to, circumstances like:

8.3 Simly disclaims liability for any security vulnerabilities or damages caused by viruses, malware, or hacking that occur while using the service, unless directly caused by Simly.

8.4 Simly cannot be held liable for any content or data transmitted through the service. You bear full responsibility for ensuring that all data transmitted via Simly services complies with applicable laws and regulations.

8.5 In all circumstances other than those resulting in personal injury or death due to negligence, Simly’s liability is limited to the amount paid for the most recent Data Plan you purchased.

8.6 Simly makes no guarantees regarding the continuous availability or error-free operation of its eSIM services when reliant on third-party networks or international carriers. Factors like network availability, local regulations, and device compatibility may impact performance.

8.7 Simly is not responsible for damages resulting from:

8.8 Any failures in delivering the service caused by unforeseeable or unavoidable external events (e.g., natural disasters, strikes, government restrictions) are beyond Simly’s control, and Simly is not liable for any resulting service interruptions.

9. Definitions

For the purposes of this agreement

By using the Simly service, you agree to these terms and conditions.