Terms of Service

Version dated [30.11.2021]

Overview

USIMS is a leading mobile App and web site providing eSIM and SIM cards ("USIMS DataSIM") for data services in more than 100 countries.  It has been designed for travelers around the world who want to avoid going through the high roaming prices and the carriers hassles. USIMS is registered and owned by WONE SAGL, a Swiss registered company

The following Terms and Conditions apply to and govern the contractual relationship between WONESAGL (also referred as "we" or "us") and the user (also referred as "you"), with respect to the use of the USIMS DataSIM and the use of our App and our web site (www.usims.com) and all contents, services, products, and software that you can download, use or access through our App or our web site (together, the "Services").

By accessing to or using any part of the Services, you agree to be bound by these Terms and Conditions and by the Privacy Policy. In case you do not agree to all of the Terms and Conditions, please do not access or use any of the Services.

USIMS DataSIM

USIMS DataSIM is a mobile prepaid eSIM or physical SIM that gives access to worldwide roaming-free data rates in more than 100 countries. It is sold either as an eSIM or as a hard SIM via our mobile App.

The countries where you can use the USIMS DataSIM are detailed on our web site and may be updated from time to time without prior notice. Our Services are limited to the countries in which we have a mobile roaming agreement in place and are always subject to any specific conditions of such mobile roaming agreement. Such conditions are disclosed to you by appropriate means. 

We do not provide you with a mobile number and you cannot make regular phone calls (even emergency calls) or send SMS with your USIMS DataSIM. The purpose of a USIMS DataSIM is instead to provide you with the opportunity to purchase data services at roaming-free data rates. 

The USIMS DataSIM does not have a PIN code by default. You can configure a PIN code by yourself from your device if you want to.

All eSIM and SIM that we provide to you remain our property. You must advise us if your USIMS DataSIM card is lost, stolen or damaged. We will replace the UISMS DataSIM and reserve the right to charge a fee for the replacement.

Provision of the Services

We will provide the Services in accordance with these Terms of Service , as well as the terms of the price plan and any other additional terms and conditions published on our mobile App or web site or in any specific document issued by us.

We shall provide the Services with reasonable skill and care and we shall use reasonable efforts to make the services available to you. If you experience problems with our services or suspect a fault, please contact us.

We endeavor to deliver you the Services wherever and whenever possible; however both availability and quality of the Services may be affected by circumstances we cannot control such as physical obstructions, atmospheric conditions and outages on the network which are not within our control.

We may from time to time and without prior notice, change the Services in order to comply with safety, regulatory, statutory and other requirements.

We may temporarily suspend our Services, including for maintenance, upgrades or repair of failures. We shall not be liable in the event of limited usability or temporary discontinuation of our Services. Please further note that we may discontinue or change any features of our Services at any time.

Use of the Services

You acknowledge that we may suspend immediately certain Services in case you do not comply with the applicable laws.

You are solely responsible for ensuring that your devices are up-to-date and compatible with our Services. You are responsible for downloading and installing any updates to our App and follow our technical instructions. Our Services may not work properly if you do not download and install such updates. We reserve the right to charge or not to charge for the updates we release, according to the nature of the update.

By operating the Services, we do not represent or imply that we endorse any or all of the contributed content, or that we believe such material to be accurate, useful, or necessarily non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

On any occasion that you have opened or meddled with the codes, or have used the Services in an unauthorized or improper manner, we will have no responsibility to give technical support of any kind, if any problems arise.

You are responsible for the way you use the Services and we will not be responsible for any content sent or received by you.

You agree to use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate or infringe our rights, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) involve sending illegal or impermissible communications.

You must not (or assist others to) access, use, modify, distribute, transfer, or exploit our Services in unauthorized manners, or in ways that harm us, our Services, or systems.

User warranties and indemnification

You represent and warrant that your use of the Services will be in strict accordance with these Terms and Conditions and with all applicable laws and regulations.

You agree to indemnify and hold harmless WONE SAGL, its suppliers, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Services.

Credit and charges

To use the Services you must purchase it first. Where you are using the Services and your credit and/or packages run out we may cease providing you with those Services until you record further credits or packages against your account.  You are responsible for all charges incurred on your account whether or not they are incurred by you personally except those incurred after you have notified us of the loss or theft of your USIMS DataSIM and we have acknowledged it.

Your use of the Services is charged in accordance with the then current rates applicable to your chosen price plan. Charges and, in respect of allowances, consumption will be deducted from the top-up (credit and/or package) associated with your account. In the event that charges are incurred simultaneously they will be deducted simultaneously. All available price plans are published on our mobile app and our web site and may be updated from time to time without notice. We can change the charges applicable to you at any time without notice by posting the changes on the mobile app and website. You can contact only by email our users services and request details of our prices or any price change at any time.

Top up credit and packages allowances may only be used for our Services and you will not be entitled to receive any cash refund for any remaining credit. Credit and allowances are also not transferable and no interest will be applied or payable to credit balances or allowances.

Your account may automatically be closed and your USIMS DataSIM may be deactivated twelve (12) months after you used our Services for the last time or paid for the Services if you never used them.

All your purchases for eSIM, hard SIM or data packages are final once payment is completed. No return is possible as these products and services are consumed once purchased. Hence, no possible refund after payment.

Intellectual Property

USIMS, usims.com, USIMS logo and all other trademarks, service marks, graphics and logos used in connection with our products or Services are trademarks or registered trademarks of WONE SAGL or our licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of our trademarks or third-party trademarks.

The software and any other product used for the provision of the Services is protected by copyright law as well as other intellectual property laws and treaties. You are not allowed to copy the software, or to distribute it to third parties. We retain all ownership and rights in the software as well as any other product used for the provision of the Services, and you expressly agree to abide by the applicable copyright law and any other applicable laws.

As we ask others to respect our intellectual property rights, we also respect the intellectual property rights of others. If you believe that material located on or linked to our App, web site, products or Services violates any of your intellectual property rights or the intellectual property rights of others, you are encouraged to inform us accordingly.

Data Privacy

We process your personal data in accordance with the legal regulations and the data protection provisions that apply to the Services. You undertake to comply with any applicable legal regulations if you handle the personal data of others while using the Services.

Disclaimer of warranties

The Services are provided on an "as is basis". Any claim stating that functions/features are missing or are not "as expected" by the user, or are not as found in other similar products/competitors will not be taken into consideration, and we will in no way will be liable for such claims.

We, as well as our suppliers and licensors, hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither us nor any of our suppliers and licensors make any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted.

Limitation of Liability

In no event will we, our suppliers or our licensors, be liable with respect to any subject matter of these Terms and Conditions (i) for any special, incidental, indirect or consequential damages of any sort whatsoever, (ii) for the cost of procurement or substitute products or services, (iii) interruption of use or loss or corruption of data, (iv) in the event of force majeure, or (v) for any claim by any party other than you. We shall have no liability for any failure or delay due to matters beyond our reasonable control.

We shall not be liable either for any direct damage suffered by you in connection with the use of our Services, unless you have paid fees for the use of such services, in which case our entire liability and your exclusive remedy shall be, at our option, either (a) the return of the fees paid by you to us during the three (3) month period prior to the cause of action or (ii) the repair or replacement of the USIMS DataSIM.

The foregoing shall not apply to the extent prohibited by applicable law, it being understood that in such case our liability, as well as the liability of our suppliers and licensors, should be limited to the fullest extent permitted by applicable law.

Governing law and place of jurisdiction

These Terms and Conditions are governed by Swiss law, without reference to its conflicts of law rules, and the place of jurisdiction shall be the competent court at the registered office of our company.

Changes

We reserve the right, at our sole discretion, to modify or replace any part of these Terms and Conditions. It is your responsibility to check these Terms and Conditions periodically. Your continued use of or access to the Services following the posting of any changes to these Terms and Conditions and/or the Privacy Policy constitutes acceptance of those changes. We may also, in the future, offer new or amended services and/or features through the Services (including the release of new tools and resources). Such new features and/or services shall be subject to these Terms and Conditions. Should one or more provisions of these Terms and Conditions be invalid, this shall not result in the invalidity of the entire Terms and Conditions. The invalid provision shall be replaced by the relevant statutory provision. All Services, including any related offers and promotions may be subject to specific additional terms and conditions advertised in our marketing documents and/or on our website. Please check our web site regularly as these Terms and Conditions are updated from time to time.

Termination

We may terminate your access to all or any part of the Services at any time, with or without cause, and with or without notice, effective immediately. You may cancel and delete your USIMS DataSIM at any time and stop using our Services via our USIMS mobile app.