Terms and Conditions

1. Introduction

1.1. These Terms and Conditions constitute a legally binding agreement ("Agreement") entered into between you (the "User") and OneClickSIM Limited, a limited liability company incorporated and registered in Ireland with registration number 745325 and registered office at Grand Canal Square 2, 6th Floor, Dublin 2, D02 A342, Ireland ("OneClickSIM", "we", "our" or "us"), relating to your purchase of an international data plan ("Data Plan") associated with a prepaid eSIM (an "eSIM") from OneClickSIM (the "Service") for use on your personal device ("Device").

1.2. Future agreements between the User and OneClickSIM may also be subject to supplementary terms and conditions or documents that have been published on our website or application (the "Application").

1.3. We recommend that you print a copy of these Terms and Conditions for future reference.

2. Registration

2.1. The User may register to purchase an eSIM through our Application. The User must accept the Terms of Use to register and purchase an eSIM. OneClickSIM's Privacy Policy and Cookie Policy will be displayed in the Application when the User registers to purchase an eSIM.

3. Purchase of an eSIM and activation

3.1. If you purchase one of our eSIMs (through the Application), you enter into an agreement with us for the purchase of the eSIM and agree to pay us all applicable charges in accordance with the Data Plan of the purchased eSIM.

3.2. As soon as the eSIM is provided to you, you will be responsible for it. If you damage or lose your Device before you have paid for the eSIM in full, you must pay us the full price of the eSIM.

3.3. You may purchase an eSIM through one of OneClickSIM's partners ("Third Parties"). If you purchase one of our eSIMs from a Third Party, you enter into an agreement with that Third Party for the purchase of the eSIM and OneClickSIM is not a party to such agreement.

3.4. OneClickSIM will make available Data Plans related to specific countries. OneClickSIM reserves the right to restrict the availability of such Data Plans in some jurisdictions. Users may search, select and purchase our Data Plans through the Application or through Third Parties.

3.5. By using the Service, the User accepts that they have an unlocked and eSIM-compatible device, which is necessary to access it.

4. Duration and termination

4.1. This Agreement will begin once you purchase the eSIM. Once you have downloaded the eSIM to your Device and the Data Plan has been activated, the downloaded eSIM will remain on your Device after the credit of your Data Plan has been exhausted or your Data Plan has expired. The user may choose to remove the eSIM at any time through their Device settings. However, we recommend that the User does not remove the eSIM until their Data Plan has been consumed or has expired. Downloading the eSIM and activating any of the Data Plans may require a stable internet connection.

4.2. The duration of the term of this Agreement will be until the Data Plan has expired or until the credit based on the purchased Data Plan has been exhausted.

4.3. This Agreement will be terminated immediately if any of the following situations occur:

4.3.1. consumption or expiration of the Data Plan by the User in accordance with clause 4.2; or

4.3.2. suspension of the use of the User's eSIM or Data Plan by OneClickSIM for breach of these Terms and Conditions (including any type of breach of applicable legislation).

4.4. After termination, in accordance with clause 4.3.1, if you do not remove the eSIM from your Device immediately after the consumption or expiration of the Data Plan, the eSIM will be provided to you "as is" without warranty of any kind. OneClickSIM will have no liability to you for such eSIM in accordance with this clause 4.4 until such time as you purchase any other eSIM or Data Plan, in which case these Terms and Conditions will apply.

5. Warranty

5.1. These Terms and Conditions are in addition to your legal rights as a consumer.

5.2. OneClickSIM does not offer any warranty or make any representation in relation to the eSIM or the Service, and all warranties and conditions (except to the extent required by applicable law), whether express or implied by law, common law or otherwise, are excluded to the extent permitted by law.

5.3. OneClickSIM reserves the right, at its sole discretion, to discontinue the sale, supply or support of any eSIM at any time.

6. Service Availability

6.1. OneClickSIM will take commercially reasonable measures to make the Service available to you at all times, depending on OneClickSIM's and its service providers' ability to maintain network capacity and connection availability.

6.2. OneClickSIM partners with providers to provide the Service, including network service providers. These vary from one jurisdiction to another.

6.3. If you purchase an "unlimited" Data Plan, please note that data coverage and speed may be subject to the network service provider's fair use policy. This means that, in order to ensure high quality service for all users, the network service provider reserves the right to impose restrictions or limitations on data usage or speed if your usage is considered excessive or if it negatively affects the network performance of other users.

6.4. OneClickSIM does not guarantee the network capacity, network quality or connection availability of the Service. This includes (but is not limited to) any of the following circumstances:

6.4.1. when our service providers need to carry out improvement, maintenance or other work on their network services;

6.4.2. when you are in areas not covered by our service providers' network or in accordance with the areas specified in the Data Plan;

6.4.3. when factors outside our control cause interruptions, such as interruptions caused by the characteristics or functionality of your Device, regulatory requirements, communication network failures, weather, radio interference or other physical obstructions.

7. User Obligations

7.1. The User undertakes to:

7.1.1. use the eSIM in accordance with these Terms and Conditions;

7.1.2. use the eSIM in accordance with all applicable laws and regulations of the country in which the User is located or habitually resides;

7.1.3. not use the eSIM to carry out any fraudulent, criminal or illegal action, or that causes alterations or damage to the network;

7.1.4. not use the eSIM to copy, store, modify, publish or distribute commercial information from OneClickSIM (including trade secrets) except when we give you permission to do so;

7.1.5. not use the eSIM to download, send and upload content of excessive size, quantity or frequency; and

7.1.6. not use the eSIM in a way that infringes the intellectual property rights of a third party.

7.2. The User accepts that no credit, promotion and reference about the Service (the "Promotions") will be used to undermine the fairness, integrity or legitimate operation of the Service, including, among others, the creation of false user records or the use of fictitious identities to participate in the Promotions in order to obtain prizes.

7.3. The User accepts that OneClickSIM may suspend the Service in case of breach of these Terms and Conditions. The User must act responsibly and pay for all charges due under these Terms and Conditions in relation to the suspension of the Service. OneClickSIM reserves the right to claim compensation for damages (including legal costs) to the maximum extent permitted by law.

7.4. OneClickSIM, at its sole discretion and without any liability to the User, reserves the right to delete the User's Application account and prevent the User from future use of the Service or from benefiting from any of the Promotions.

8. Payment Terms

8.1. The User may register and purchase the eSIM in the Application. Payment will be processed by an authorized agent of OneClickSIM.

8.2. All eSIMs are prepaid and prices include any indirect tax, unless otherwise specified. Indirect tax will be charged based on the postal code provided by the User when entering payment information in OneClickSIM.

8.3. "Indirect taxes" in this clause 8 means any sales tax, value added tax and any other similar fee or tax that may be applicable at the time of sale of the Data Plan associated with an eSIM.

8.4. The User may choose to save the payment method during the payment process and under the service provider's administration, so that for future purchases this information will be automatically added without the User having to enter it again. The user can delete the payment method information at any time. This payment method information cannot be modified; if a change is requested, the User will have to delete the previous payment method and enter the new payment method.

9. Legal Right of Withdrawal

9.1. If you purchase an eSIM as a consumer, you have the legal right to terminate this Agreement within 14 days without giving any reason. The withdrawal period will expire 14 days after the purchase of an eSIM or, if it occurs earlier, until the date on which the eSIM is activated and the Data Plan is consumed or exhausted, in which latter case we will provide you with a partial refund proportional to the reduction in the value of the eSIM or Data Plan.

9.2. To exercise your right of withdrawal, you must notify us of your decision to terminate the Agreement by means of an unequivocal statement. Contact OneClickSIM Limited, Attn: Customer Service, whose details can be found in section 18 below.

10. Refund and Return Policy

10.1. You will receive the Service in accordance with these Terms and Conditions. If you consider that the Service provided to you does not comply with them or does not comply with your legal consumer rights, please inform us. If relevant, we will provide you with a full or partial refund with respect to an affected eSIM or Data Plan, in accordance with clauses 10.2 to 10.8 below.

10.2. To obtain a full refund from OneClickSIM, the User must meet the following requirements:

10.2.1. the eSIM must have been purchased from OneClickSIM through the Application (i.e. not from Third Parties);

10.2.2. the eSIM must not have been activated; and

10.2.3. the purchase of the eSIM must have been made at most 6 months before the refund request.

10.3. Subject to clauses 10.2.1 and 10.2.3, in the following circumstances, OneClickSIM may provide you with a full or partial refund proportional to the reduction in the value of the eSIM or Data Plan:

10.3.1. if the Data Plan related to the eSIM has already been activated and/or consumed (in part) or the credit has been exhausted; or

10.3.2. if the eSIM does not work due to a problem with the network infrastructure or when in the destination country the network infrastructure has problems or is unstable.

10.4. In the event that the User purchases an eSIM and downloads it to an incompatible or locked Device, OneClickSIM will provide the User with a full refund, provided that the User has met the requirements of 10.2.1-10.2.3.

11. Intellectual Property Rights

11.1. Unless otherwise indicated, the eSIM is our property (or that of our licensor) and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of the Application (collectively, the "Content") and the trademarks, service marks and logos contained therein (the "Marks") are owned by us, are under our control or are under our license and are protected by copyright and trademark laws and other intellectual property rights.

11.2. Unless expressly stated in these Terms and Conditions, no part of the eSIM, the Application or the Content or Marks may be copied, reproduced, aggregated, republished, uploaded, shared, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose, without our express prior written permission.

12. Data Protection

12.1. When you purchase an eSIM, you agree that OneClickSIM will process your personal information ("Personal Data") to make the Service available to you, monitor and improve the Service and prevent its unauthorized use.

12.2. For more information about how the User's Personal Data is used or for any other inquiry related to how we may process your Personal Data, please see our Privacy Policy available and our Cookie Policy.

13. Indemnification

13.1. The User agrees to indemnify and hold harmless OneClickSIM and its subsidiaries, affiliates, officers, representatives, partners, employees and service providers from all losses, costs, charges, claims, legal proceedings, damages, actions, expenses and claims that we incur as a result of:

13.1.1. a breach by you of these Terms and Conditions; and/or

13.1.2. any other matter that arises from or is related to any use you may make of the Service other than that established in these Terms and Conditions.

14. Limitation of Liability

14.1. To the extent permitted by law, we exclude all liability (whether contractual, for negligence or otherwise) for any loss or damage you may suffer in connection with the use of the Service, including the eSIM or any Data Plan. Without prejudice to the foregoing, OneClickSIM's liability under this Agreement or in connection with it, whether arising from contract, negligence or otherwise, shall in no case exceed the amount of charges payable by the user to OneClickSIM under the corresponding Data Plan in the 12 months prior to the date on which the event giving rise to such liabilities occurred, or 100 euros; whichever is greater. This does not affect our liability for fraudulent misrepresentation or misrepresentation about a fundamental matter, or any other liability that cannot be excluded or limited under applicable law.

15. Applicable Law and Legal Compliance

15.1. Except as mandatory applicable law may determine: (a) these Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising from or in connection with them or their subject matter or formation, shall be governed by and construed in accordance with the laws of Ireland and (b) the courts of Ireland shall have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) arising from or in connection with these Terms and Conditions or their subject matter or formation.

15.2. Other mandatory laws of other states may also apply to your use of the eSIM.

15.3. The Service and the Application are not intended to be used by any person or entity in any jurisdiction or country where such use would be contrary to applicable law or regulation. Accordingly, persons who choose to access the service and/or the Application from locations where such use is prohibited, do so on their own initiative and are solely responsible for compliance with local laws, to the extent that local laws are applicable.

16. Variation of these Terms and Conditions

16.1. We may vary any of the terms of your Agreement or any future terms and conditions, including those related to our Data Plans, as follows:

16.1.1. any update to the Terms and Conditions and introduction of new terms will be available in our Application;

16.1.2. we will inform you if we make any variation to this Agreement by means of the relevant notice. You are free to stop using the Service after receiving this notice, except in the following situations: (a) when the variation is exclusively for your benefit; (b) when the variation is purely administrative in nature, or (c) when the variation is imposed by applicable law.

16.1.3. If you continue to use the Service after the variation of this Agreement comes into effect, you will be deemed to have accepted the variation.

17. General

17.1. OneClickSIM may assign, transfer or subrogate the rights and obligations arising from this Agreement to any company in its group without the express consent and authorization of the User.

17.2. If at any time any provision of this Agreement (or part of any provision) is or becomes illegal, null or inapplicable, but would be legal, valid and applicable if some part of it were deleted or modified, the provision or part of the provision in question shall apply with the deletions or modifications necessary to make the provision legal, valid and applicable.

17.3. No omission or delay by either party in exercising any right or remedy under this Agreement shall be construed as a waiver of such right or remedy, nor shall any single or partial exercise of any right or remedy prevent the subsequent exercise of such right or remedy. No waiver by either party of any breach by the other of any provision of this Agreement shall be considered a waiver of previous or subsequent breaches. The rights and remedies provided in this Agreement are cumulative and do not exclude any right or remedy provided by law.

17.4. This Agreement is written in English. In case of conflict between the English version of the Agreement and any translated copy thereof, the English version shall prevail.

18. OneClickSIM Contact Information

For more information, you can contact our team through the following channels:

Customer Service: support@oneclicksim.com

WhatsApp: +1 661 384 8482 or simply click on the red popup window in the bottom right corner of this page.

Business inquiries should be sent to: b2b@oneclicksim.com

Affiliate and content creation inquiries to: creators@oneclicksim.com

Legal inquiries to: legal@oneclicksim.com