Terms of Service

1. Definitions

In these Terms of Service, the following capitalised terms shall have the meanings set out below, unless the context requires otherwise:

1.1 "Account" means a registered user account on the Platform, created in accordance with Section 4 of these Terms.

1.2 "Reward Bonus" means Customer Points issued automatically upon the completion of a qualifying purchase, at the percentage rate displayed on your Account dashboard at the time of purchase.

1.3 "Points Balance" means the aggregate value of Customer Points, Referral Rewards, and Reward Bonus credited to your Account, less any amounts that have been expended, expired, or forfeited.

1.4 "Customer Points" or "Points" means the in-platform stored-value currency that may be applied towards the purchase of Services, subject to the terms set out in Section 6.

1.5 "Data Plan" means a specific eSIM connectivity product offered through the Platform, with a defined data allowance, validity period, and geographic coverage area.

1.6 "eSIM Profile" means a digital Subscriber Identity Module configuration that is delivered electronically and installed remotely on a compatible Device.

1.7 "Device" means a mobile telephone, tablet, wearable, or other hardware device that supports eSIM technology and is unlocked for use with third-party network profiles.

1.8 "Operator", "we", "us", or "our" means eSimGenie Limited, a company incorporated in Ireland, trading as eSIMNest.

1.9 "Partner" means a business or reseller that has entered into a separate Partner Agreement with the Operator. Partners are subject to the Partner Terms of Service in addition to these Terms.

1.10 "Platform" means the eSIMNest website (including all sub-domains), mobile applications, application programming interfaces (APIs), and any other digital interface through which the Services are made available.

1.11 "Referral Reward" means Customer Points awarded to a user under the Referral Programme described in Section 7.

1.12 "Services" means the provision of eSIM Data Plans, device configuration assistance, network connectivity, customer support, the Points Wallet, the Referral Programme, and any other services made available through the Platform from time to time.

1.13 "User", "you", or "your" means any natural or legal person who accesses or uses the Platform or the Services.

2. Acceptance of Terms

2.1 By accessing or using the Platform or the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (the "Terms"), together with our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Platform or the Services.

2.2 You represent and warrant that you are at least thirteen (13) years of age. If you are under the age of eighteen (18), you may use the Platform and Services only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms.

2.3 These Terms constitute a legally binding agreement between you and eSimGenie Limited (the Operator). They apply to all visitors, users, and any other persons who access or use the Platform or the Services, including but not limited to:

• individual consumers purchasing eSIM Data Plans;
• business customers using our enterprise solutions;
• Partners and affiliates accessing the Platform; and
• any person browsing the Platform or using our mobile applications.

2.4 Where you are accessing the Services through a Partner, the terms of your agreement with that Partner shall also apply. In the event of any conflict between these Terms and the terms of your agreement with a Partner, these Terms shall prevail to the extent of the inconsistency, unless expressly stated otherwise.

3. Description of Services

3.1 The Operator provides digital cellular connectivity services through embedded SIM (eSIM) technology. We operate as an aggregator and marketplace of connectivity services, sourcing Data Plans from trusted mobile network operators and making them available to you through the Platform.

3.2 Core Services

The Services include, but are not limited to:

• eSIM Data Plans: prepaid mobile data connectivity for domestic and international use, available as local, regional, or global packages;
• Device Configuration: remote eSIM Profile installation and activation on compatible Devices;
• Network Access: connection to partner mobile network operators worldwide;
• Points Wallet: an in-platform stored-value system allowing you to pre-fund your Account for future purchases (see Section 6);
• Referral Programme: a reward programme enabling you to earn Points by referring new users (see Section 7);
• Customer Support: technical assistance, billing inquiries, and account management.

3.3 Additional Features

• real-time data usage monitoring and alerts;
• plan management through the web portal and mobile applications;
• multi-device and multi-plan management; and
• coverage maps and network quality information.

4. Account Registration

4.1 Registration

To access certain features of the Services, you must create an Account. When creating an Account, you agree to provide accurate, current, and complete information and to maintain and promptly update such information to keep it accurate, current, and complete.

4.2 Account Security

You are solely responsible for safeguarding the credentials associated with your Account and for all activities that occur under your Account. You must immediately notify the Operator of any unauthorised use of your Account or any other breach of security. The Operator will not be liable for any loss or damage arising from your failure to comply with these security obligations.

4.3 Account Non-Transferability

Your Account is personal to you and may not be assigned, transferred, or shared with any other person without the Operator's prior written consent. We reserve the right to suspend or terminate your Account at any time and at our sole discretion, including where we have a security concern or where we believe you have breached these Terms.

4.4 Verification

We may require verification of your identity or payment information before activating certain Services. This may include email address verification, phone number verification, payment method validation, or identity document verification for business or high-value accounts.

4.5 Account Deletion

You may request deletion of your Account at any time through the Account settings or by contacting our support team. Upon deletion, your personal data will be processed in accordance with our Privacy Policy and applicable data protection legislation, including the General Data Protection Regulation (GDPR). Please note that account deletion will result in the forfeiture of any remaining Points Balance (see Section 6.6).

5. Prices and Payments

5.1 Currency and Pricing

Prices for Data Plans and other Services are displayed on the Platform in the applicable currency (typically United States Dollars, unless otherwise indicated). Prices do not include taxes or other applicable fees, which may be added based on your billing address at the time of payment. The Operator reserves the right to change prices at any time without prior notice; however, any price changes will not affect orders that have already been confirmed.

5.2 Accepted Payment Methods

We accept the following payment methods, subject to availability in your region:

• major credit and debit cards (Visa, Mastercard, American Express);
• Revolut Pay;
• Apple Pay and Google Pay;
• Customer Points (see Section 6); and
• such other payment methods as may be made available on the Platform from time to time.

5.3 Payment with Points

Where you have a Points Balance in your Account, you may elect to apply Points towards the total purchase price at checkout. If your Points Balance is insufficient to cover the full purchase price, the remaining amount will be charged to another accepted payment method. Partial Points payments are supported.

5.4 Prepaid Services

All Data Plans are prepaid. Payment must be received and verified before an eSIM Profile is delivered. Automatic renewal may apply to certain plans unless you opt out prior to the renewal date.

5.5 Currency Conversion

If you pay in a currency other than the currency in which the price is displayed, your payment provider may apply a currency conversion fee. The Operator is not responsible for any additional charges imposed by your bank, card issuer, or payment provider.

5.6 Fraud Prevention

The Operator may place orders on hold, cancel, and refund any order that we are unable to verify or that we reasonably suspect involves unauthorised payment activity. Delivery of eSIM Profiles may be withheld pending verification. User Accounts may be suspended or blocked from access without prior notice if suspected of fraudulent activity or violation of these Terms.

6. Customer Points & Wallet

6.1 Points Account

6.1.1 Upon Account creation, a Points Wallet is automatically established for your Account. Your Points Balance is visible on your Account dashboard at all times.

6.1.2 Points are assigned a notional equivalent for the sole purpose of calculating discounts on Services. Points have absolutely no cash value. Points are not legal tender, are not redeemable for cash under any circumstances, do not accrue interest, and do not constitute property, a financial instrument, a store of value, a security, an investment product, or a legally enforceable obligation of the Operator. The exchange rate between Points and any notional discount value is set solely by the Operator and is subject to change at any time without prior notice. No User shall have any expectation of a fixed, guaranteed, or stable conversion rate.

6.1.3 Points are personal to your Account and may not be transferred, assigned, gifted, or sold to any other person or Account, whether for value or otherwise, unless expressly permitted by the Operator.

6.2 Obtaining Points

6.2.1 You may obtain Points by any of the following means: (a) purchasing Points Top-Up packages through the Platform; (b) earning Referral Rewards under the Referral Programme (Section 7); (c) receiving Reward Bonus on qualifying purchases (Section 8); (d) receiving refund Points (Section 11); (e) earning Content Creator Rewards where your attributed content drives a qualifying purchase; (f) earning Network Rewards where applicable; or (g) receiving Points through promotional offers or manual adjustments at the Operator's discretion. In all cases, Points earned carry no cash value and are subject to the terms of this Section 6.

6.2.2 Points Top-Up packages are available in the denominations displayed on the Platform. Minimum and maximum top-up amounts are as shown on the points purchase page. Top-up transactions are processed through the payment methods described in Section 5.2.

6.2.3 Once credited to your Account, top-up Points are non-reversible and non-refundable to the original payment method, except at the sole discretion of the Operator or as required by applicable law.

6.3 Points Expiration

6.3.1 All Points have an expiration period. The applicable expiration period is displayed on your Account dashboard and may vary by the type of Points and the policies of the Platform at the time the Points are issued. Unless otherwise stated, the default expiration period is as shown in your account settings.

6.3.2 When you make a purchase using Points, the oldest non-expired Points are used first (First-In, First-Out, or FIFO). This means Points closest to their expiration date are consumed before more recently acquired Points.

6.3.3 The Operator will send you notifications in advance of Points Expiration. However, it is your sole responsibility to use or otherwise manage your Points before they expire.

6.3.4 Expired Points are permanently forfeited and cannot be recovered, refunded, restored, or transferred under any circumstances. The Operator shall have no liability to you in respect of any expired Points.

6.4 Points Usage

6.4.1 Points may be applied towards the purchase of eSIM Data Plans and other eligible Services offered through the Platform. Points may not be used for any purpose other than purchasing Services through the Platform.

6.4.2 If your Points Balance is insufficient to cover the full purchase price of a Service, you may pay the remaining balance using any other accepted payment method (see Section 5.3). The Operator reserves the right to require a minimum Points Balance for certain transactions.

6.4.3 Points cannot be withdrawn as cash, converted to any other form of value, currency, or financial instrument, redeemed for physical goods, sold, bartered, or transferred to any third party. Any attempt to sell, trade, or otherwise transfer Points outside the Platform is a violation of these Terms and will result in immediate forfeiture of all Points and potential Account termination.

6.5 Charity Donations

6.5.1 You may donate Points from your Points Balance to charity groups curated by the Operator. Available charity groups are displayed on the Referral Programme page of the Platform.

6.5.2 Charity donations are voluntary and final. Once submitted, a charity donation cannot be reversed, refunded, or transferred.

6.5.3 The dollar equivalent of donated Points is calculated at the exchange rate in effect at the time of donation. The Operator bears no responsibility for subsequent changes to the exchange rate after the donation is processed.

6.5.4 The Operator selects and manages all charity groups. The Operator may add, remove, or modify charity groups at any time without prior notice.

6.5.5 Donation records and reconciliation proof may be made available upon request, subject to the Operator's record-keeping policies.

6.6 Points Refunds

6.6.1 Where an order that was paid for, in whole or in part, using Points is eligible for a refund, the refunded Points will be returned to your Points Balance with a fresh expiration period commencing from the date of the refund.

6.6.2 The Operator reserves the right to issue refunds as Points rather than to the original payment method. The decision as to the form of refund is at the sole discretion of the Operator, except where applicable law requires otherwise.

6.6.3 The Operator reserves the right to deduct Points from your Account in cases of chargebacks, disputes, fraudulent activity, or violations of these Terms.

6.7 Account Closure and Points Forfeiture

6.7.1 Upon termination, suspension, or deletion of your Account (whether initiated by you or by the Operator), all remaining Points in your Points Balance shall be permanently forfeited without compensation.

6.7.2 You are advised to exhaust your Points Balance before requesting account closure. The Operator is under no obligation to provide any refund or compensation for forfeited Points, except where required by applicable law.

6.7.3 The Operator may, at its sole discretion, provide a partial points refund in cases where the Account is terminated by the Operator for reasons other than a breach of these Terms.

7. Referral Programme

7.1 Eligibility

7.1.1 The Referral Programme is available to Users who hold a verified Account in good standing. Each User is assigned a unique, personal referral code, which may not be transferred to or shared with another Account holder for the purpose of claiming rewards on that other person's behalf.

7.1.2 The Operator reserves the right to enable or disable the Referral Programme at any time. The availability of the Referral Programme is displayed on your Account dashboard.

7.2 How the Programme Works

7.2.1 You may share your referral code with prospective users. When a new user (the "Referee") creates an Account using your referral code and completes a qualifying purchase, both you (the "Referrer") and the Referee may become eligible for rewards.

7.2.2 The specific reward amounts, discount percentages, and eligibility criteria are displayed on the Referral Programme page of the Platform and may change from time to time at the Operator's discretion.

7.3 Earning Points from Referrals

7.3.1 Referral Rewards are always issued as Customer Points. When a qualifying purchase is completed by a Referee, Points are credited to the Referrer's Account. Referral Rewards are subject to the same terms governing Points under Section 6, including the absence of any cash value (Section 6.1.2), exchange rate changes (Section 6.1.2), expiration (Section 6.3), charity donations (Section 6.5), non-transferability (Section 6.1.3), and the prohibition on cash withdrawal or conversion (Section 6.4.3).

7.3.2 You may use Referral Points for discounts on future purchases or donate them to charity groups curated by the Operator (see Section 6.5). There is no obligation to donate Points — charity donations are entirely voluntary. Referral Points have no cash value and cannot be exchanged for money under any circumstances.

7.3.3 The number of Points earned per referral and the exchange rate applied are determined by the Operator and are subject to change at any time without prior notice.

7.4 Referral Levels

7.4.1 Where enabled, the Platform may offer tiered referral levels. Your referral level is determined by the total qualifying revenue generated through your referrals and may entitle you to increased reward percentages.

7.4.2 The thresholds, levels, and associated benefits are displayed on the Referral Programme page and may be modified by the Operator at any time. Changes to referral levels do not affect Referral Rewards that have already been credited to your Account.

7.5 Attribution and Tracking

7.5.1 Referral attribution is tracked through a browser-based cookie placed when a prospective user clicks your referral link. The attribution window (the period during which a purchase is credited to the Referrer) is set by the Operator and is currently displayed on the Referral Programme page. The Operator may change the attribution window at any time.

7.5.2 First-touch attribution applies: only the first referral link a prospective user clicks is tracked. Subsequent referral links from different Referrers do not override the original attribution.

7.5.3 Only the Referee's first completed qualifying purchase generates a Referral Reward for the Referrer. Subsequent purchases by the same Referee do not generate additional Referral Rewards.

7.5.4 The Operator does not guarantee that all referral clicks or conversions will be tracked. Technical factors including, but not limited to, browser settings, cookie blocking, ad blockers, or network issues may prevent successful tracking. The Operator shall have no liability for untracked referrals.

7.6 Anti-Abuse

7.6.1 The following activities are strictly prohibited and will result in forfeiture of all Referral Rewards and may lead to Account suspension or termination:

• self-referral (referring yourself using alternative Accounts, email addresses, or identities);
• creating fake or duplicate Accounts to exploit the Referral Programme;
• using automated means, bots, or scripts to generate referrals;
• offering financial incentives beyond the Programme's rewards to induce sign-ups;
• manipulating or forging referral tracking data, cookies, or attribution parameters; and
• any other activity that the Operator, in its sole discretion, considers to be an abuse of the Programme.

7.6.2 The Operator reserves the right to investigate suspected abuse and to withhold, revoke, or claw back any Referral Rewards that were obtained through fraudulent or abusive means. The Operator may use automated systems including, but not limited to, rate limiting, IP-based deduplication, and click pattern analysis to detect and prevent abuse.

7.7 Programme Changes and Discontinuation

7.7.1 The Operator reserves the right to modify the reward amounts, eligibility criteria, referral level thresholds, attribution window, discount split ratios, or any other aspect of the Referral Programme at any time, with or without prior notice. Such changes will not affect Referral Rewards that have already been credited to your Account.

7.7.2 The Operator may discontinue the Referral Programme entirely at any time. In such event, any Referral Rewards already credited to your Account will remain valid until their respective expiration dates.

7.7.3 For the avoidance of doubt, participation in the Referral Programme does not create any employment, partnership, agency, or contractual relationship between you and the Operator beyond these Terms.

8. Reward Bonus & Loyalty

8.1 Earning Reward Bonus

8.1.1 Where the Reward Bonus feature is enabled on the Platform, qualifying purchases may earn Reward Bonus in the form of Customer Points. Reward Bonus is calculated as a percentage of the order total (excluding taxes, fees, and any portion paid with Points) and is credited to your Account upon successful completion of the order.

8.1.2 The applicable Reward Bonus percentage is displayed on your Account dashboard and may vary depending on your loyalty level, promotional offers, or other factors determined by the Operator.

8.2 Reward Bonus Points

8.2.1 Reward Bonus Points are issued as Customer Points and are subject to the same terms governing Points under Section 6, including the absence of any cash value (Section 6.1.2), expiration (Section 6.3), non-transferability (Section 6.1.3), the prohibition on cash withdrawal or conversion (Section 6.4.3), and forfeiture upon account closure (Section 6.7).

8.2.2 Reward Bonus Points have no cash value whatsoever and cannot be withdrawn as cash, sold, transferred, converted to any other form of value or currency, or redeemed for anything other than discounts on Services available through the Platform.

8.2.3 Reward Bonus is not earned on the portion of any order paid using Points. Reward Bonus is calculated on the net amount paid through monetary payment methods only.

8.3 Content Creator and Network Rewards

8.3.1 Where enabled, the Platform may offer additional reward types, including Content Creator Rewards (earned when your attributed content drives a qualifying purchase) and Network Rewards (earned through network attribution). These rewards are issued as Customer Points and are subject to all terms in Section 6.

8.3.2 The Operator determines the eligibility criteria, attribution methodology, and reward percentages for Content Creator and Network Rewards at its sole discretion. These may be changed or discontinued at any time.

8.4 Maximum Balance and Earning Caps

8.4.1 The Operator may impose a maximum Points Balance cap. Any Points earned that would cause your balance to exceed the cap will be forfeited without compensation.

8.4.2 Monthly earning caps may apply to specific earning methods, including but not limited to Referral Rewards. Current cap amounts, if any, are displayed on your Account dashboard.

8.5 Programme Modification

8.5.1 The Operator reserves the right to change Reward Bonus percentages, qualifying criteria, loyalty tiers, earning caps, conversion rates, or any other aspect of the Reward Bonus and loyalty programme at any time, with or without prior notice. Such changes will not affect Reward Bonus Points that have already been credited to your Account.

8.5.2 The Operator may discontinue the Reward Bonus and loyalty programme entirely at any time. In such event, any Reward Bonus Points already credited to your Account will remain valid until their respective expiration dates.

8.5.3 The Operator makes no representations or warranties, express or implied, regarding the continued availability, value, or convertibility of any Points, Reward Bonus, or Referral Rewards. Participation in any rewards programme is entirely at the User's own discretion and risk.

9. Acceptable Use

9.1 General Requirements

You may use the Platform and the Services only for lawful purposes and in accordance with these Terms. You must comply with the following requirements at all times:

• you must not use the Services in any way that violates any applicable law or regulation;
• you must not resell, transfer, copy, distribute, or share the Services with third parties, except as expressly permitted;
• you must not impersonate another person, hide or attempt to hide your identity, or misrepresent your affiliation with any person or entity;
• you must not conduct fraud or carry out any other illegal or criminal activity;
• you must not act in any way that may impair the operation or performance of the underlying networks relied upon by the Operator;
• you must not use the Platform or Services in any way that might impair their performance, security, or functionality, or interfere with other persons' use; and
• you must not harass, abuse, threaten, or otherwise violate the legal rights of any other person, including staff members of the Operator.

9.2 Fair Usage Policy

To ensure quality of service for all Users, the Operator implements a fair usage policy. The Operator may manage network traffic during periods of congestion, reduce speeds in the event of excessive usage, deprioritise certain content types, and restrict usage to personal mobile Devices. Services are intended for individual, personal use and must not be used as a primary fixed-line internet replacement.

9.3 Prohibited Activities

9.4 Credentials

You are responsible for keeping your password and account credentials secure. If you have reason to believe that your credentials are no longer secure, you must change your password immediately and notify the Operator.

10. Data Plans & Coverage

10.1 Service Coverage

The Services are available in select countries and regions through our partner network operators. Coverage depends upon partner network availability, local regulatory and licensing requirements, technical infrastructure limitations, and roaming agreements. The Operator does not guarantee coverage in any specific location.

10.2 Data Plan Terms

Each Data Plan specifies a validity period (commencing from the date of activation), a data allowance, and applicable speed tiers. Usage is measured and limited according to the terms of the specific Data Plan. Data that is not consumed within the validity period will be forfeited and is non-refundable. Network priority may be reduced during periods of congestion.

10.3 Activation

eSIM Profiles must be installed and activated on a compatible, unlocked Device. You are solely responsible for ensuring that your Device supports eSIM technology. The Operator provides compatibility information on the Platform, but does not guarantee compatibility with all Devices. Some Data Plans begin their validity period upon installation of the eSIM Profile, while others begin upon first use; the applicable activation method is indicated on the Data Plan details page.

10.4 Service Limitations

11. Refunds & Cancellation

11.1 Consumer Right of Withdrawal

11.1.1 If you are purchasing the Services as a consumer within the European Union or European Economic Area, you have the legal right to withdraw from your purchase within fourteen (14) days of the date of purchase, without giving any reason.

11.1.2 This right of withdrawal expires on the earlier of: (a) fourteen (14) days after the date of purchase; or (b) the date on which the eSIM Profile is activated. You acknowledge and agree that you will not be able to exercise your right of withdrawal for an eSIM Profile that you have already activated or begun to use.

11.2 Eligibility for Refund

In addition to the consumer right of withdrawal, refunds may be provided in the following circumstances:

• Technical issues: the eSIM Profile cannot be activated due to a technical error on the Operator's part;
• Coverage failure: the advertised coverage is not available in the purchased region, provided you have cooperated with our efforts to resolve the issue;
• Wrong purchase: you purchased the incorrect Data Plan and notify us within twenty-four (24) hours, provided the eSIM Profile has not been activated;
• Billing errors: you have been charged an incorrect amount, provided you notify us within thirty (30) days of the charge.

11.3 Non-Refundable Items

The following are not eligible for a refund:

• eSIM Profiles that have been activated and partially or fully consumed;
• Data Plans whose validity period has expired;
• issues arising from user error in Device configuration or eSIM installation;
• Customer Points Top-Up purchases, except at the sole discretion of the Operator or as required by applicable law; and
• any Service where you have breached these Terms or the Acceptable Use provisions of Section 9.

11.4 Refund Method

11.4.1 Where a refund is due, the Operator may, at its sole discretion, issue the refund in the form of Customer Points or as a credit to your original payment method. Where only a partial amount of the Data Plan has been consumed, the Operator will only refund an amount equal to the unused portion.

11.4.2 Points Refunds are processed immediately. Refunds to your original payment method may take up to thirty (30) business days to appear, depending on your bank or payment provider.

11.4.3 Points issued as refunds are subject to the terms of Section 6, including a fresh expiration period commencing from the date of the refund.

11.5 How to Request a Refund

You may submit a refund request by contacting our support team via the in-app or web-based chat, or by emailing the address set out in Section 18. Your refund request must include your order reference number and a description of the reason for the refund. Refund claims must be submitted within thirty (30) days of the issue giving rise to the claim. The Operator may request additional information, such as screenshots of Device settings, to support your claim.

11.6 Unauthorised Purchases

If you suspect that unauthorised purchases have been made using your Account, you must notify our support team immediately. The Operator reserves the right to suspend any Account associated with fraudulent or unauthorised activity. Whether a refund is payable in respect of an unauthorised purchase is at the sole discretion of the Operator.

12. Limitation of Liability

12.1 Services Provided "As Is"

THE PLATFORM AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE OPERATOR DOES NOT GUARANTEE THAT THE PLATFORM OR SERVICES WILL BE AVAILABLE AT ALL TIMES, NOR THE QUALITY OF THE UNDERLYING CONNECTIONS AND NETWORKS. TO THE EXTENT PERMITTED BY LAW, THE OPERATOR EXCLUDES ALL IMPLIED CONDITIONS, WARRANTIES, REPRESENTATIONS, OR OTHER TERMS THAT MAY APPLY TO THE PLATFORM OR THE SERVICES.

12.2 Exclusion of Certain Damages

EXCEPT WHERE RESTRICTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OPERATOR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, OR LOSS OF GOODWILL, EVEN IF THE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.3 Aggregate Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR'S AND ITS AFFILIATES' TOTAL AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PLATFORM OR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO THE OPERATOR FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

12.4 Indemnification

To the extent permitted by law, you agree to indemnify, defend, and hold harmless the Operator and its directors, officers, employees, and contractors from and against any third-party claims, actions, or proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the Services or your violation of these Terms.

13. Privacy & Data Protection

13.1 Data Collection

The Operator collects and processes personal data necessary to provide the Services, including Account information (name, email address, billing details), Device data (device model, operating system), usage data (data consumption, connection logs), and payment information. Full details of the personal data we collect, the purposes for which it is processed, and your rights in respect of such data are set out in our Privacy Policy.

13.2 Data Protection Rights

Under applicable data protection legislation, including the General Data Protection Regulation (GDPR), you have the right to access your personal data, rectify inaccurate information, request erasure of your data, restrict processing, receive your data in a portable format, and object to processing for direct marketing purposes. To exercise any of these rights, please contact us using the details in Section 18.

13.3 Data Retention

The Operator retains your data only for as long as is necessary to provide the Services and to comply with legal, regulatory, and accounting obligations. Account data is typically retained for up to seven (7) years after account closure for billing, audit, and legal purposes, unless a shorter retention period is required by applicable law.

14. Intellectual Property

14.1 Operator's Intellectual Property

All intellectual property rights in and to the Platform and the Services, including but not limited to copyrights (including in computer software), trademarks, trade names, logos, know-how, trade secrets, and the design, compilation, and look and feel of the Platform (collectively, the "Intellectual Property Rights"), are owned by or licensed to the Operator. Nothing in these Terms grants you any right, title, or interest in the Intellectual Property Rights.

14.2 Limited Licence

Subject to your compliance with these Terms, the Operator grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform and the Services for their intended purpose. This licence does not include the right to: (a) reverse engineer, decompile, or disassemble any software or algorithms used to provide the Services; (b) use the Operator's trademarks, logos, or branding without prior written permission; (c) copy, modify, distribute, or create derivative works based on the Platform or the Services; or (d) remove or alter any copyright, trademark, or other proprietary notices.

14.3 User Feedback

Where you provide feedback, suggestions, or ideas regarding the Platform or the Services, the Operator may incorporate such feedback into the Platform or Services without compensation to you, and you confirm that no intellectual property right arises in respect of such feedback.

15. Termination

15.1 Termination by You

You may terminate your Account at any time by using the account deletion feature in your Account settings, by contacting our support team, or by sending a written request to the address set out in Section 18.

15.2 Termination by the Operator

The Operator may suspend or terminate your Account and access to the Services, with or without prior notice, if you: (a) violate these Terms; (b) fail to pay outstanding charges; (c) use the Services for illegal or fraudulent activities; (d) abuse, threaten, or harass the Operator's staff or other Users; or (e) pose a security risk to the Platform or other Users. Where you have breached these Terms, you will not be entitled to a refund.

15.3 Effect of Termination

Upon termination of your Account: (a) your access to the Services will be immediately suspended; (b) all active eSIM Profiles will be deactivated; (c) all remaining Points in your Points Balance will be permanently forfeited (see Section 6.6); (d) your Account data will be retained and deleted in accordance with our Privacy Policy; and (e) any outstanding charges remain payable.

16. Governing Law

16.1 Applicable Law

Irrespective of the country from which you access the Platform or the Services, these Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of Ireland.

16.2 Dispute Resolution

For any dispute arising from these Terms or your use of the Services, the parties agree to attempt to resolve the matter through good-faith negotiation for a period of not less than thirty (30) days. If the dispute cannot be resolved through negotiation, it shall be submitted to mediation administered by a mutually agreed mediator, with costs shared equally. If mediation does not resolve the dispute, it shall be submitted to binding arbitration conducted in accordance with the arbitration rules applicable in Ireland.

16.3 Jurisdiction

Subject to the dispute resolution procedure described in Section 16.2, the courts of Ireland shall have exclusive jurisdiction to hear and determine any proceedings that are not subject to arbitration.

16.4 Class Action Waiver

16.5 Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or, if it cannot be made enforceable, shall be severed from these Terms without affecting the validity and enforceability of the remaining provisions.

17. Changes to Terms

17.1 The Operator reserves the right to modify these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of these Terms and post the revised Terms on the Platform.

17.2 For material changes, the Operator will endeavour to provide additional notice, such as a prominent announcement on the Platform or a notification to the email address associated with your Account. However, you are responsible for reviewing these Terms periodically to stay informed of any changes.

17.3 Your continued use of the Platform or the Services after the revised Terms have been posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform and the Services.

18. Contact Information

If you have any questions, concerns, or complaints regarding these Terms or the Services, please contact us using the following details: