Terms of Use

EvoSim

These Terms and Use as well as Privacy Policy and any other legal document (separately and collectedly "Agreement" and/or "Terms") are binding and govern the relationship between the User ("You" and/or "User") and E-CONNECT FZCO, company number: DSO-FZCO-27223, incorporated and registered under the laws of Dubai ("EvoSim”, “Company,” “we,” “us,” and “our”),

If you do not agree to be bound by these Terms, do not access or use the Service(s).

DEFINITIONS

To help explain things as clearly as possible in this Terms of Use, every time any of these terms are referenced, are strictly defined as:

1.1 Account: means an account registered by the User on the Service. 1.2 Cookie: means a small amount of data generated by a Website and saved by the User’s web browser. It is used to identify User’s browser, provide analytics, and remember information about you such as User’s language preference or login information. 1.3 Company: when this document mentions “Company,” "EvoSim” “we,” “us,” or “our,” it refers to E-CONNECT FZCO, company number: DSO-FZCO-27223. 1.4 Data: means mobile data allowances in accordance with the EvoSim Data plan selected and purchased by the User for using Services; 1.5 Data Plan: means different Data offers, that the User may purchase via EvoSim, specifying the amount of Data, that the User will be able to use within the determined period and for the determined price; 1.6 Device: means the e-SIM compatible and network-unlocked hardware (mobile phone, tablet, etc.) that eEvoSim’s e-SIM is installed into. 1.7 e-SIM: means a form of SIM card that is embedded directly into a device. An e-SIM is an industry-standard digital SIM that allows users to activate a cellular plan from your carrier without having to use a physical SIM. 1.8 Service: refers to the service provided by EvoSim as described in the relative Terms. 1.9 Top-Up: means the purchase of a Data Plan by the User for data usage with the e-SIM in the Device. 1.10 User (and/or “YOU”) means an individual (natural person) who has opened an account with eSIM Connect and has or is about to associate a valid EvoSim Service. 1.11 Website or website: means EvoSim website at https://evosim.com/

Where the context so admits words denoting the singular shall include the plural and vice versa.

The masculine or feminine gender may be used interchangeably throughout this Terms of Use

Wherever one gender is used it shall be construed as meaning the other.

GENERAL

2.1 EvoSim and the User are independent contractors, and no agency, partnership, joint venture, employment, or franchising relationship is intended or created by these Terms, their changes, updates, and amendments. 2.2 EvoSim declares a zero-tolerance policy towards Users that violates Intellectual Property Rights. Any unauthorized copying, publication, reproduction, or distribution of EvoSim’s and/or Third Party’s Intellectual Property is prohibited and is the subject of Users’ liability, as set in these Terms, applicable law, and legal acts. 2.3 Upon opening an account with EvoSim, such person becomes the User who has expressly consented to allow EvoSim to collect, process, use, and retain the User's personal information according to the Agreement and those within EvoSim’s Privacy Policy. 2.4 The countries in which the User can use the Data Plans are listed where the User browses through available offers. Available offers may change from time to time and may depend on the country the user is currently in. 2.5 The first Device owner remains liable for its use at any time unless EvoSim has received proof of the change of the Device’s ownership.

THE SCOPE OF THE SERVICES

3.1 EvoSim resells prepaid e-SIM provided by Third Party service provider with data service plans based on e-SIM technology (the “Service”). EvoSim may be reselling the Service through a Partner or an Agent. 3.2 The Service is intended to be used for web browsing, email, uploading and downloading applications, and using applications and content without excessively contributing to network congestion. 3.3 To support the Service, EvoSim may enter into agreements with various cellular carriers (mobile operators) around the world to access their cellular networks.

REGISTRATION AND USE

4.1 The Services can only be accessed after the creation of an Account, purchasing the Data Plan, and installing the e-SIM. You may create an Account by providing EvoSim an email. We reserve the right to request other information for the registration process. You agree that you shall update and ensure that your registration information is current and accurate at all times. You agree that you shall not disclose, transfer, license, or otherwise share your Account authentication without EvoSim’s prior written consent in each instance. 4.2 The e-SIM is not preloaded with Data Plan therefore it must be installed in order to use the Services. 4.3 The User may install e-SIM manually or using the QR code provided by EvoSim. 4.4 EvoSim reserves the right to change the e-SIM installation algorithm. Available methods will be shown to the User. 4.5 The User acknowledges and agrees there is a chance that the Data Plan may not be spent to the full extent due to the third-party service provider’s technical issues. 4.6 Once the payment is accepted by EvoSim and e-SIM is successfully installed the User can use the Service. 4.7 The User has 3 (three) attempts per Account to install (activate) e-SIM regardless of device quantity. In case of exhaustion of the attempts, for instance, due to lack of available slot on the device to install (activate) the e-SIM, such attempt shall be considered as used, and e-SIM shall be considered as successfully installed (activated). 4.8 Once the User installs the e-SIM, it will be considered as used. No refunds in any form will be offered.

PAYMENT

5.1 The prices for the Services are shown in the price lists published on the Website in the section related to the rates and or in EvoSim App. 5.2 The payment for EvoSim services is made by Apple Pay, Google Pay, and Credit Card. 5.3 The credit card transaction will be processed and secured by EvoSim’s third-party service provider including but not limited to Stripe (https://stripe.com). 5.4 The currency of payment is in US Dollars ($). EvoSim reserves the right to change payment currency. In case of such changes, the applicable currency will be displayed to the User before payments. 5.5 All the payments in connection with eSIM Connect Services shall be made in advance with TopUp. 5.6 The User shall not be entitled to set off any of its claims against claims of EvoSim, except where the User’s claims are undisputed or have been confirmed by final court judgment. 5.7 The Service will terminate either on full consumption of the plan or expiry of the duration of the plan, whichever is earlier.

THE USER’S REPRESENTATIONS AND WARRANTIES

6.1 By registering an Account, the User expressly represents and warrants that he/she:

• follows the rules and laws in his/her country of residence and/or country from which he/she accesses Services;

• has accepted these Terms of Use and other legal documents which regulate using Services;

• is at least 18 years old and has the right to accept these Terms of Use.

• has checked the compatibility of the device for e-SIM installation (activation) before purchasing a Data plan and using the Services.

6.2 User authorizes EvoSim and payment service provider to collect, operate, check, store and process User’s credit card and other Payment method data and information. Please note, that this information will be stored on the payment service provider’s servers, whose security measures comply with all necessary regulations relevant to operation, storing, and processing such information. 6.3 By purchasing the Service, a User agree that he/she is authorized to use the Service and is responsible for paying for the Service per these Terms. 6.4 The User guarantees to adhere to the terms and conditions of third-party service providers that provides service for EvoSim.

THE USER’S RIGHTS AND RESPONSIBILITIES

7.1 User agrees to use the Service in compliance with these Terms and to be responsible for all use of the Service. 7.2 User agrees to use the Service in accordance with all applicable laws and regulations of the home nation, the country of residence, and the country in which the User is present. 7.3 The User agrees that the Service shall be used for personal use only. 7.4 Users agree that the Service shall not be used to engage in any activity that is abusive, illegal, or fraudulent or that causes the network to be impaired or damaged. 7.5 The User agrees to provide EvoSim with a copy of his/her ID (national ID card or passport) before he/she first begins to use the Services or at the latest within ten (10) days from the date the User starts using the Service. In case of failure to fulfill this provision, EvoSim reserves the right to suspend the Services and/or block the Account without prior notice. 7.6 The User agrees not to use the Services for the following activities: 7.6.1 (a) for pornographic, indecent, obscene, defamatory or other unlawful purposes; 7.6.2 (b) to engage in any Internet activities that would violate the privacy rights of others, including to copy, store, access, or use personally identifiable information about another registered user in a way that is inconsistent with our Agreement; 7.6.3 (c) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us in its discretion, may harm the EvoSim or users of the Services or expose them to liability; 7.6.4 (d) to send harassing and/or threatening messages to others or to abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other person; or 7.6.5 (e) to discriminate against or harass anyone on the basis of race, national origin, religion, gender, sexual orientation, disability, medical condition, marital status, age or gender identity, or otherwise engage in abusive or disruptive behavior. 7.7 The User acknowledges and agrees that EvoSim Service can be used only on appropriate devices prescribed at our Website. Before using the Services, the User shall ensure that his/her Device is supported by EvoSim Services and the device has an available slot for installation of the e-SIM. 7.8 The User shall not copy the code, not adapt, not reverse engineer, not decompile or not attempt to modify or copy the source code of the EvoSim App and related to its software. Any such attempt will be considered a violation of intellectual property rights and might result in criminal proceedings. 7.9 The User is responsible for the way he\she uses the services and EvoSim will not be responsible for any content sent or received by the User. 7.10 The User has a right to request the deletion of its Account at any time by submitting a request to: [e-mail] 7.11 The User acknowledges and agrees that by accessing the EvoSim App through a device the User may be charged by his/her mobile service provider for internet access on such device. 7.12 The User acknowledges and agrees in case of changing his/her personal information the User shall provide such updated information within seven (7) day from the date of changing. 7.13 The User must pay all taxes, fees, surcharges and other charges that we bill the User for the Service unless the User can show documentation satisfactory to us that the User are exempt. We will not provide advance notice of changes to taxes, fees, surcharges and other charges, except as required by applicable law.

EvoSim REPRESENTATIONS AND WARRANTIES

8.1 EvoSim will provide the Service in accordance with the Agreement, and as per the applicable Data Plan description, and from the date the User starts using the Service or purchases such Data Plan. 8.2 EvoSim Service can be used only for Data usage (internet traffic). All other services, including voice calls, SMS, and MMS cannot be provided with the e-SIM. 8.3 EvoSim shall provide the Service with reasonable skill and care, and we shall use reasonable efforts to make the Service available to User.

EvoSim RIGHTS AND RESPONSIBILITIES

9.1 EvoSim reserves the right immediately suspends Service in order to comply with applicable laws. You are solely responsible for the content You transmit via the Service. We will not be responsible for any content sent or received by You. 9.2 EvoSim reserves the right to clear the User’s balance if the User activity seems malicious swiping and exists the risk of receiving fraudulent payment of accounts. 9.3 EvoSim may change, suspend or discontinue any of its Services. 9.4 EvoSim reserves the right to change the prices for the Services. 9.5 In order to provide Services EvoSim partners with other entities. EvoSim is under no obligation to inform the User if it uses services from such partners. 9.6 EvoSim reserves the right to suspend any account associated with any form of fraudulent activity. 9.7 EvoSim reserves the right to change the list of supported e-SIM devices. 9.8 Your account may automatically be closed and your e-SIM deactivated eighteen (18) months after you did not use the Services and pay for such a using. 9.9 We reserve the right to request certain information and documents from the User in order to comply with current Know Your Customer requirements and verification purposes, the User agrees to provide such information and documents without undue delay. In case the User did not provide such information and/or documents within seven (7) calendar days we reserve the right to suspend User’s Account. 9.10 EvoSim reserves the right to suspend immediately certain services in case they do not comply with the applicable laws. 9.11 EvoSim reserves the right to change or modify the Terms contained in these Terms, including but not limited to any policy or guideline, at any time and in its sole discretion. As described in these Terms, you agree to be legally bound by these terms and all terms incorporated by reference. We will provide notice of these changes by posting the revised Terms on the Website and changing the” Last updated” date at the top of the Terms, or by emailing Users at their provided email addresses, or by any other means and the updated Terms will be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Service and close your account. You agree that we will not be liable to you or any third party as a result of any losses suffered by any modification or amendment of these Terms. Your non-termination or continued use of this Site or Service(s) after the effective date of any changes or modifications of these Terms will constitute your acceptance of such changes or modifications.

INDEMNIFICATION

10.1 You agree to indemnify and hold EvoSim and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Service and website/app; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party

NO WARRANTY AND LIMITATION OF LIABILITY

11.1 EVOSIM AND ITS AFFILIATES (IF ANY) MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR DATA PLAN CAN BE FULLY SPENT, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, EVOSIM AND ITS AFFILIATES (IF ANY) DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

11.2 EvoSim disclaims any and all liability for “unsuccessful payments” charged from your credit card /and or other payment methods, if “unsuccessful payment” reasons are: 11.2.1 expired card or incorrect card number; 11.2.2 the card was declined based on location; 11.2.3 there aren’t sufficient funds on the card; 11.2.4 the card is over its limit; 11.2.5 the card is blocked by the bank’s fraud system; 11.2.6 other errors on the side of the User or the User`s bank. 11.3 EvoSim shall bear no responsibility for any kind of damages to the User, in case the User did not have an available slot for e-SIM installation on an appropriate device.

TERMINATION

12.1 EvoSim may at its sole discretion terminate the User’s access to the Service and to User’s Account, including without limitation, our right to: limit, suspend or terminate the Service and the User’s Account, prohibit if we think that the User violates any laws and\or infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of these Terms.

12.2 EvoSim may also without liability to User, suspend or disconnect you fully or partially from the Services, without notice: a) If we are required to do so by the Government and emergency service organization or any other competent body or lawful authority; b) For repairs or maintenance, or for operational or security reasons; c) In circumstances where we observe fraudulent or unusual use of your Account or one or more service (e.g. abnormal high usage patterns); d) If your e-SIM card or device is interfering with the normal operation of the network or if your account is in arrears (if any); e) If you do not use the service in compliance with the applicable laws and regulations, and other conditions included in the mobile roaming agreements of EvoSim; f) The User abuses EvoSim Services or related to its products by improper usage, including for illegal or unethical purposes; g) Any of the information provided by the User is found to be false or unauthorized; h) The User breaches any of the User's obligations under these Terms, including Privacy Policy or any other eSIM Connect’s legal binding document.

12.3. Despite the clauses 12.1, 12.2, EvoSim reserves the right to terminate the Agreement and close/suspend the Account with no cause and without prior written notice to the User.

FORCE MAJEURE

13.1 If EvoSim is unable to perform the Services outlined in the Terms due to factors beyond its control including but not limited to the event of Force Majeure (including but not limited to any act of war), change of law, or a change in sanctions policy, EvoSim will not have any responsibility to the User with respect to the Services provided hereunder and for a time period coincident with the event.

LINKS TO THIRD-PARTY WEBSITES

14.1 You acknowledge and agree that EvoSim shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. eSIM Connect does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. 14.2 Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. 14.3 By using the Website or the Services including eSIM Connect App, you expressly release EvoSim from any liability arising from the User's use of any third-party website. Accordingly, EvoSim encourages the User to be aware when the User leaves this Website, or the Services found at this Website, and to review the terms and conditions, privacy policies, and other governing documents of any other website that you may visit.

SEVERABILITY

15.1 If any provision of these Terms shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms shall not be affected.

DISCLAIMER

16.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EVOSIM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE EVOSIM ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID EVOSIM, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE EVOSIM ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

GOVERNING LAW AND DISPUTE RESOLUTION

17.1 These Terms shall be governed by and construed in accordance with the laws of Dubai, unless otherwise expressly provided. All disputes and controversies arising out of or in connection with Services and these Terms shall be submitted to any court in the Emirate of Dubai, as the Court of the first instance. 17.2 If any portion of these Terms shall be deemed invalid, void, or for any reason unenforceable, such portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portion.

NOTICES

18.1 EvoSim reserves the right to send notices to, and communicate with, the User by any means of communication available to EvoSim, considering the contact details provided by the User. 18.2 The User expressly agrees to receive any notices in electronic form and to be bound by them, as required by the Terms of Use and/or Privacy Policy. 18.3 In case of a User or a non-user clicks the “Subscribe” button such a person accepts the receiving EvoSim’s newsletter and other emails dedicated to the Services. 18.4 If you have any questions, please contact us at: [e-mail].