These Terms of Service (the "Agreement") set forth the
terms and conditions that apply to use of the Products provided by
Drimsim Limited (the “Company”).
The Product includes:
- Provision of an eSIM profile or SIM card (free of charge,
subject to use within 360 days of receipt)
- Provision of
Internet access in the destination country in a certain volume
(according to tariffs).
The Product does not include
provision of subscriber telephone numbers.
The Product
is intended for sale (direct use) in a country other than the
location of the buyer.
The Company is not a
communications operator. Communication services within the Product
are provided by communications operators in the country of use of
the Product.
The company is only a technological
intermediary between the end user and the telecom operator
(Provider).
Each Provider complies with the
registration and tax obligations for Internet access services
(incl. VAT) in accordance with its national legislation in the
country in which the Providers offer Services to Clients.
Providers have all the licenses, certificates, permits and powers
necessary to conduct their business and fulfill their obligations
to Clients during the term of this Agreement. The Company does not
provide any guarantees in this regard.
Any other terms
indicated in the Product or in communication directed from the
Company to the Customers constitute an integral part of this
Agreement. The Company may offer to enter this Agreement to a
corporate entity subject to approval of the Company. In such case
for such Customers the following section “Corporate terms” will
apply and will take precedence over any other terms hereof.
The Customers in the following countries are restricted from using
the Services and/or purchasing SIM cards (eSIM):
- United
Arab Emirates
If the Customer enters this Agreement as a corporate entity, the
following information shall be provided to the Company before
commencing the Services:
constitutional documents;
bank
details;
registered address;
company number;
VAT id
(for EU companies);
certificate of registration;
tax
residency certificate;
documents confirming the chain of
authorization of a signatory;
first and last name of the
signatory person;
date of birth of such person;
nationality of such person;
postal address of such person;
serial number and digital image of passport, national ID or
driver’s license of such person;
other information requested
by the Company.
The Customer shall notify the Company
in case of changes of such information and shall immediately
disclose information on the actual user of SIM-card or other
numbering asset in case of Company’s request.
Applications of corporate Customers to enter this Agreement are
subject to the Company’s review and approval. Depending on the
type of the Services, provision of additional documents,
information may be required, and additional qualifications for the
Customers may apply.
The Company may require the
Customer to sign and send to a designated agent the hard copies of
the documents containing statements of entering into this
Agreement by the Customer. The Company is entitled to assign
processing and issuing invoices and other required accounting
documents to an authorized third party on a certain territory.
The Customer shall sign the accounting documents on a
monthly basis upon the Company’s request. Failure to provide the
Company with signed documents within 5 business days after request
shall result in waiver of the rights to claim any complaints for
the quality and accounting of the Services.
Purchase of
the Services or SIM-card confirms Customer’s consent to this
Agreement.
The Customers may participate in referral program by referring the Products to third parties (“Referral”) by the means provided by the Company. In case if the Referral pays the required amount to its Account for the first time, the Customer which referred the Referral shall be granted with the reward solely to its balance provided that the referral link is not expired. Each engaged Referral shall result in reward only once. Engagement reward shall not be refunded. The Company is entitled to review the Referrals and disapprove an engaged Referral in its sole discretion. The Customers shall fully comply with all applicable laws during the Referrals engagement.
The Services allow the Customer to connect and utilize internet
access services and other kinds of services provided by third
parties (the “Providers”). Company is an independent contractor,
and not an employee, agent, joint venturer or partner of the
Providers nor is Company authorized to incur any obligations or
make any representations on behalf of the Providers, except those
provided herein.
The Company acts as an intermediary
service provider between the Customer and the Providers on a
certain territory. The Company does not initiate the data
transmission; does not select the receiver of the transmission;
and does not select or modify the information contained in the
transmission. The Company has no right to make decisions on the
provision and quality of services; claims regarding services are
considered by the Provider who provides them to the Client.
The Company is continuously developing and changing the
Product, and therefore its functions may be added, removed or
modified at the Company’s discretion without consent or
notification from the Customers. The Customers are not entitled to
any compensation due to such changes of Product features or their
price. The Product does not provide the functionality of calling
emergency numbers.
The Customer’s payment for the
Product confirms the Customer’s unconditional acceptance and
agreement to the terms and conditions set forth in this Agreement.
If the Customer does not agree to be bound by this Agreement, such
Customer cannot use the Product and respective services of
Providers. The Company may modify or amend this Agreement from
time to time without any further notice which shall be effective
immediately upon posting in the Product.
THE CUSTOMER’S
CONTINUED USE OF THE CUSTOMER’S ACCOUNT AND/OR THE SERVICES
FOLLOWING THE POSTING OF ANY SUCH MODIFICATIONS OR AMENDMENTS WILL
BE CONCLUSIVELY DEEMED TO BE ACCEPTED BY THE CUSTOMER.
Fees paid for the Product may be returned in case of absence of
connection of SIM-card to the network during 24 hours after
Customer’s request to technical support by email or in technical
support chat. The given period shall be suspended in case of
absence of Customer’s reaction to the message of technical support
staff or failure to follow instructions of technical support staff
by the Customer. The given period shall be decreased to 12 hours
in case of absence of any reaction from technical support staff.
In such cases the Customer shall provide a notice to the Company
via [email protected]. Within
72 hours of the notice the Company shall send a return
confirmation. In case of Customer’s confirmation by email the
Company shall return the fees paid by the Customer and Customer’s
balance and shall block the SIM-card profile.
If the
Customer did not open SIM-card package or did not install eSIM to
his or her device, the Customer may request refund of the fees
paid for the Product. In such case the Customer shall provide a
notice to the Company via [email protected]. Within 72 hours of the notice the Company shall send a return
confirmation. In case of Customer’s confirmation by email the
Company shall return the fees paid for SIM-card and Customer’s
balance after receiving SIM-card from the Customer to the address
designated by the Company (not applicable for eSIM).
Faults of SIM-card functioning may be claimed within 14 days
after its receipt. During 60 days after return of faulty SIM-card
its price will be refunded, including delivery fees at the lowest
available tariff. Faulty SIM-card shall be returned within 14 days
after claiming the fault. Inability to set up required settings in
the Customer’s device or defects of Customer’s device or network
are not considered as fault.
Fault-free SIM-card may
be returned within 14 days after its receipt. During 60 days after
return of SIM-card its price will be refunded less the delivery
fees.
Claims on return of the balance from Customer’s
account may be filed within 14 days after payment. The Customer is
entitled to refund only the payments made within the previous 14
days.
All refunds are transferred to payment methods
used for initial payment. Additional request is required to change
the payment details for refund.
1.1. A user of the Product (the “Customer”) may request provision
and activation of SIM card required for using the Product from the
Company or from the Company’s partners and resellers.
SIM-card may be provided in physical medium or as a virtual
asset.
1.2. The Customer may open an account available
through the Product which contains the Customer’s balance (the
“Account”) by registering a SIM card and providing necessary
registration data.
1.3. For the purpose of activation
of the Product, the Company may request a proof of identity by the
Customer and to make a prepayment by entering a valid payment
information. The Customer shall also provide its email, phone
number and residential address according the information contained
in the proof of identity, and notify the Company in case of
changes in any of such data. Submission of documents and
information shall be subject to Company’s requirements on the
format and content of such documents and information. Each type of
Services may be subject to provision of additional information and
documents indicated in the Product, and additional qualifications
for the Customers may apply.
1.4. The Customer
acknowledges and agrees that the information provided to the
Company and any subsequent changes thereof shall be complete,
correct and true, and the Customer shall notify the Company of any
change to such information.
1.5. The Services may be
suspended according to applicable law in case of invalid
identification data.
1.6. The Services shall not be
provided to the Customers younger than 18 years old.
1.7. Customs policies vary widely from country to country, so
the Customer should contact its local customs office for further
information in case of SIM-card delivery. The Customer is
considered the importer of SIM-card and must comply with all laws
and regulations of the country in which the Customer is receiving
the goods.
2.1. The Company grants the Customer a personal, revocable,
non-exclusive, non-sublicensable, and non-transferable license to
use the Product subject to the terms of and for the duration of
this Agreement. The license is provided free of charge for the
duration of use of the Product.
2.2. The Company is not
responsible for holding all licenses, certificates, permits and
approvals necessary for provision of the Services by the
Providers, and for validity of such of approvals in full force and
effect.
3.1. If a SIM-card used by the Customer to access the Services is
being used to access the Customer’s Account or the Services
without his or her permission, the Customer is required to notify
the Company immediately. The Customer is responsible for all
charges to the Customer’s Account until the Customer notifies the
Company of such circumstances.
3.2. The Customer
agrees to pay for fees the Services charged to the Account. The
Company shall not be held responsible for fraudulent charges that
result from theft or fraudulent use of the Customer’s means of
payment (credit/debit/charge card, etc.). The Customer agrees and
acknowledges that he or she is wholly responsible for the safety
and security of the device through which the Customer receives the
Services and the Customer agrees that the Company is not liable
for unauthorized use of the Services through the Customer’s
device. The Company shall not be responsible for any damage caused
to or losses incurred by the Customer in case a third party
obtains an access to the Customer’s Account information or other
personal information.
3.3. The Company may suspend any
transaction or current balance of the Customer in the Account if
the Customer’s activity is suspected with fraud or unauthorized
use.
4.1. The Customer may send any questions, concerns or complaints
about the Product to [email protected] or via any other contact indicated in the Product.
4.2. Improper performance of the Services or the Product may be
reported to the Company, and the Company shall provide reasonable
efforts to fix such malfunction as far as such malfunction is a
result of errors contained in the Product or refer such report to
the Provider in case of errors of service.
4.3.
Company’s sole liability and Customer’s sole remedy for any
failure of the Company to provide technical support is (a) for the
Company to use commercially reasonable efforts to fix or resolve
material malfunction, or (b) for the Customer to terminate this
Agreement.
4.4. The Company is not liable for and is
not required to perform technical support with respect to problems
caused by third party products.
4.5. The foregoing
technical support terms are exclusive and are in lieu of all other
warranties and guarantees whether written, oral, implied or
statutory. NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE SHALL APPLY. In no event shall the Company be
liable for loss of profits or revenues, loss of use of products or
services, interruption of business, cost of capital, or for any
special, consequential or incidental damages.
5.1. The Company may engage third parties for payments processing.
All requests related to payments shall be directed to the Company
regardless of the payee. The rates and charges for the Services
are indicated in the Product. The rates may be increased by the
amount of applicable value-added tax based on the Customer choice
of the territory of the service delivery (Product application)
made within the Product. The Customer is responsible for checking
the applicable rate before using the Product. If the Services are
offered free of charge, the amount of Services may be limited.
5.2. The Customer may deposit funds on its Account using
the payment methods and currencies available with the Product.
Payment service providers may apply their own terms and fees for
processing of deposit. THE CUSTOMER MAY TURN ON AUTOMATIC DEBITING
OF FUNDS FROM THE CUSTOMER’S CARD IN CASE IF THE CUSTOMER’S
BALANCE IS NOT ENOUGH TO CONTINUE USING THE SERVICES. THE CUSTOMER
MAY TURN OFF AUTOMATIC DEBITING IN THE PRODUCT SETTINGS ANY TIME.
IT IS THE CUSTOMER’S RESPONSIBILITY TO REVIEW SPENDINGS AND
BILLING, AND TO CHECK IF AUTOMATIC DEBITING IS TURNED ON.
5.3. In case if the Customer will have no registered network
sessions by using the Service for 360 days, the Customer’s balance
will be debited on the first date of each month with 3 Euro for
Account reservation per month starting from 361th day of
inactivity. Any activity of the Customer (calls, messages,
internet sessions) will stop the debiting. In case if such
debiting results in depletion of funds on the Account, this
Agreement will be terminated and the SIM card shall become
invalid.
5.4. The rates for the Product and
end-services of a specific Provider may be changed from time to
time without providing advance notice and may be different
depending on the availability of the Product to different
categories of Customers. Any and all alterations in pricing policy
and special promotions will be indicated in the Product.
5.5. It is the Customer’s responsibility to notify the Company
of any changes to the Customer’s payment information, including
the expiration date of any credit or debit card used in the
Account. If for any reason the Customer’s balance becomes
negative, the Customer hereby authorizes the Company to charge the
negative balance to any available payment means of the Customer
without any additional confirmation.
5.6. The Customer
is responsible for reviewing the Customer’s billing information.
Failure to notify the Company of any disputed charges within
thirty (30) days of the charge being posted to the Customer’s
Account will be deemed as full and complete acceptance of the
charges. The Customer shall compensate the Company all amounts
paid by the Company as penalties and commissions to payment
service providers resulted from payment disputes initiated after
expiration of 30 days. If the Customer disputes the billing amount
the Customer shall provide material evidence of incorrect billing
or fraudulent transactions. If the Customer disputes the amounts
indicated in the billing data provided in the Account, the billing
data available to the Company shall be binding and final for the
billing purposes.
5.7. The Customer must provide the
Company correct information on the delivery address of the
SIM-card. Delivered SIM-cards are subject to activation procedure
after delivery. This delivery time may vary for different
counties. Delivery is deemed effected on the date that the Company
places a SIM-card with a shipping agent for shipment to the
delivery address provided by the Customer or provides virtual
SIM-card to electronic address of the Customer. The Company will
not be held responsible for items that are shipped late, damaged
as a result of shipment, shipped to an address that was submitted
incorrectly, or not delivered successfully due to Customer’s
fault, and in such case the Company is entitled to charge a new
delivery for the new SIM-card. The Company won’t refund the
delivery fee in case if the delivery failed due to Customer’s
fault or in case of return of the SIM-card.
6.1. The Customer may discontinue using the Product at any time by
notifying the Company by any available means. In such case the
Company will deactivate the Customer’s Account with keeping the
reactivation ability. In all cases the Customer will remain
responsible for payment of all charges for the Services rendered
up to the date of termination.
6.2. The Company may
suspend provision of the Services to the Customer any time at its
sole discretion and terminate this Agreement.
6.3. In
case of termination the Company shall refund the amounts paid
within the last 14 days on the Customer’s balance to the payment
means used for payment within 60 days after termination. In case
of unavailability of the initial payment means the Company will
make commercially reasonable efforts to request the new payment
means for refund. In case if the Company's expenses related
to refund will exceed the amount of refund, the Company shall be
entitled to reject the refund and offer to use the amount of
refund in the Customer's account or to transfer the amount of
refund to the account of another Customer.
6.4. The
amounts on the Customer’s balance obtained as a result of any
promotional offers or otherwise without making the actual payment
by the Customer are not subject to refund under any circumstances.
In the course of refund the amount of the balance is deducted with
the amounts credited as a result of any promotional offers or
otherwise without making the actual payment by the Customer.
7.1. The Customer will not use the Product for any unlawful,
abusive or fraudulent purpose, including, but not limited to, for
using the Product in a way that (a) interferes with the ability to
provide the Services to the Customer or other Customers; (b)
abuses any bonus or promotional program; or (c) violates the
applicable law. The Customer will not in any way submit any
materials to the Company or otherwise take any action that would,
in the Company’s sole determination, interfere with the Services
or other Customers, infringe the rights of any third party, or
otherwise constitute objectionable conduct.
7.2. If
the Company reasonably believes that the Customer or any third
party is using the Customer’s Account in a way abusing the
Services or any of the Company’s bonus or promotional programs or
otherwise breaching this Agreement or applicable law, the Company
may immediately suspend, restrict, or cancel the Customer’s
Account and the Customer’s ability to use the Services or the
Product without notice with no refund.
7.3. Except to
the extent contrary to applicable law, the Customer is prohibited
from causing or permitting the reverse engineering, disassembly or
de-compilation of the SIM-card, the Services and/or the Product.
The Customer is prohibited from reselling, sublicensing or using
the SIM-card or the Services to provide service bureau data
processing services or to otherwise provide data processing
services to third parties. The Customer will not allow the
SIM-card or the Services to be used by, or disclose all or any
part of the SIM-card or the Services to, any person except the
Customer.
7.4. The Customer expressly acknowledges and
agrees that any applicable export and import laws govern the
Customer’s use of the SIM-card and the Services and he or she will
neither export or re-export, directly or indirectly, either the
SIM-card or the Services, nor any direct product thereof in
violation of such laws, or use either the SIM-card or the Services
for any purpose prohibited by such laws.
8.1. The Customer agrees, at his or her sole expense, to fully
defend, indemnify and hold harmless the Company, its parent,
affiliates, shareholders, directors, officers, employees, agents
and the Providers from and against any and all claims (including
without limitation reasonable attorney’s fees) arising out of or
in connection with (i) the Customer’s use of the Services, (ii)
the Customer’s Account (including the use of the Customer’s
Account by a third party) and (iii) this Agreement.
8.2. EXCEPT FOR DAMAGES CAUSED BY THE COMPANY’S INTENTIONAL
MISCONDUCT AND/OR EXCEPT WHERE PROHIBITED BY LAW, THE COMPANY WILL
NOT BE LIABLE FOR DAMAGES THAT EXCEED THE AMOUNT OF CHARGES TO THE
CUSTOMER FOR THE CUSTOMER’S ACTUAL USE OF THE SERVICES DURING THE
PRIOR ONE MONTH PERIOD. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE
LIABLE FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL,
INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT
LIMITED TO, LOSS OF PROFIT OR REVENUES, OR INCREASED COSTS OF
OPERATION, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR THE COMPANY
HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR
DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO THE CUSTOMER’S
INABILITY TO ACCESS, OR THE CUSTOMER’S DIFFICULTY IN ACCESSING,
THE SERVICES.
8.3. THE SERVICES ARE PROVIDED "AS
IS" AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY
WARRANTIES OF TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY,
MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A
PARTICULAR PURPOSE WITH REGARD TO ANY SERVICE, PRODUCTS OR
MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. THE COMPANY ALSO
MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR
FREE OR MEET THE CUSTOMER’S REQUIREMENTS. THE COMPANY DOES NOT
AUTHORIZE ANYONE, INCLUDING ITS EMPLOYEES, AGENTS, PROVIDERS OR
REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON BEHALF OF THE
COMPANY AND THE CUSTOMER SHOULD NOT RELY ON ANY SUCH WARRANTY. THE
CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT BECAUSE THE
SERVICES ARE PROVIDED OVER MOBILE AND INTERNET NETWORKS OUTSIDE OF
THE COMPANY’S CONTROL, THE COMPANY HAS NO RELATED LIABILITY. THE
COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF COMMUNICATIONS
TRANSMITTED THROUGH THE SERVICES.
8.4. Except for the
Customer’s obligation to pay for the Services, neither the Company
nor the Customer is liable to the other for any delay, failure in
performance, loss or damage due to causes beyond reasonable
control, including but not limited to acts of God, fire, strikes,
explosions, power failure, earthquake, flood, water, labor
disputes, terrorism, acts or omissions of carriers or suppliers,
systems failure and acts of regulatory or governmental agencies.
8.5. Neither the Company nor the Provider guarantees any
level of performance of the Services in a any specific coverage
area.
9.1. Any information including any materials, messages, ideas,
suggestions, or other communications (collectively -
"Information") the Customer transmits to the Company in
any manner shall be and remain the exclusive property of the
Company. The Customer’s submission of any Information shall
constitute an assignment to the Company of all worldwide rights,
titles and interests in all copyrights and other intellectual
property rights in the Information. The Company will be entitled
to use, reproduce, disclose, publish and distribute any
Information the Customer submits for any purpose whatsoever,
without restriction and without compensating him or her in any
way. For this reason, the Company prohibits the Customers to send
the Company any Information that the Customer does not wish to
assign to the Company, including any confidential information or
any Information subject to third party rights.
10.1. The Company may assign all or part of its rights and
obligations under this Agreement to any party at any time without
notice to the Customer. In case of assignment the Company will
have no further obligation to the Customer in connection with such
assigned obligations.
11.1. If any provision of this Agreement is held to be invalid,
illegal or unenforceable, the remaining provisions of this
Agreement will continue in full force and effect.
11.2.
This Agreement, together with any written amendments or written
modifications, will constitute the entire agreement between the
Customer and the Company with respect to the Services provided
hereunder and will supersede and replace all prior or
contemporaneous understandings or agreements, written, electronic
or oral, between the Customer and the Company. No written or oral
statement, advertisement or service description not expressly
contained in the Agreement will be allowed to contradict, explain,
modify or supplement it.
11.3. This Agreement shall be
interpreted, governed by and construed in accordance with the laws
of the Principality of Andorra. The Customer agrees, in the event
any claim or suit is brought in connection with this Agreement, to
the exclusive jurisdiction and venue of the courts of the
Principality of Andorra. In any action to enforce this Agreement,
including, without limitation, any action by the Company for the
recovery of fees due hereunder, the Customer shall pay the Company
reasonable attorney’s fees and costs in connection with such
action. The Customer acknowledges and agrees that this governing
law provision applies no matter where the Customer resides, or
where he or she uses or pays for the Services. This Agreement is
originally written in the English language and the English
language version shall control over any translations.
Drimsim Limited
Room 1001,
10/F, Tower B, New Mandarin Plaza 14 Science Museum Road,
Tsimshatsui Rast, Hong Kong
[email protected]
Publication date: June 3, 2025
Effective: June 3, 2025
Previous version of the document: Feb 19, 2024