If you are a consumer, the Consumer Terms of Service apply to you. If you are a business user, the Business Terms of Service apply to you. If you're purchasing Experiences, Experiences Terms of Use apply to you. Please review the relevant terms based on your user status.
CONSUMER TERMS OF SERVICE
Last updated: 2025-04-16
INTRODUCTION
Terms. Thank you for choosing us. Before starting, please read these Consumer Terms of Service (“Terms”) carefully. The Terms cover, among other things, the scope of your use of and access to (i) Software (as described below), the website (“Website”) and cybersecurity functionalities (“Security Features” as described below) provided by Saily and (ii) eSIM with data service plans (“Data Plans”) based on eSIM technology and other related services provided by our Technology Partner (as described below) and promoted by Saily (collectively, the “Service” or “Services”).
These Terms are intended for users who utilize the Services for personal (non-commercial) use only. If you are using our Services on behalf of a business, organization, or any other entity, or under a business or corporate plan agreement, the Business Terms of Service shall apply.
Updates to the Terms. Services might be introducing new features or modifying current ones constantly. In addition, we may need to update the Terms by amending them from time to time (i) to comply with the law; (ii) to comply with orders/recommendations of regulatory authorities; (iii) to add additional functionality, services, features, technologies and/or benefits, or to remove the old ones; (iv) to correct errors and bugs; (v) to clarify the Terms; (vi) to prevent abuse or harm; (vii) for any other valid reason (e.g., for security reasons). You understand and agree that it is your obligation to review the Terms from time to time in order to stay informed on current rules and obligations. Notification of any material changes to the Terms that affect your rights or obligations will be provided in advance of such changes by reasonable means (e.g., via email or pop-up in an app). Unless it is stated by us otherwise, each update of the Terms comes into force as of the moment when amended Terms are published. Your continued use of the Services will be deemed acceptance thereof. You can also end your relationship with us at any time after the effective date of the updated Terms by closing your Account and/or not accessing Websites and Services.
THE TERMS MAY CHANGE, SO IT IS IMPORTANT TO REVIEW THE TERMS PERIODICALLY.
Accessing the Services and/or Websites. You affirm that you are eighteen (18) or more years of age and have all rights and power to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with them.
Binding Legal Agreement. Please note that the Terms constitute a binding legal agreement between you or those you legally represent (collectively, “you” or “user”) and Saily. You agree and accept to be bound by these Terms by either: (i) creating user account and/or other accounts to use Services (“Account”); (ii) downloading Software or accessing/using its Services and Websites; or (iii) otherwise electronically agreeing to be bound by these Terms.
SERVICES ARE OFFERED TO YOU CONDITIONAL ON YOUR ACCEPTANCE OF THESE TERMS. PLEASE READ CAREFULLY ALL OF THEM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR ANY PROVISIONS HEREOF, PLEASE DO NOT ACCESS AND USE OUR WEBSITES, SOFTWARE AND/OR SERVICES.
Services. We shall provide you eSIM with Data Plans and services based on the capabilities of supplied eSIM. The eSIM includes an electronic profile which will be downloaded to your device as part of activating the Services. The volume of data available for the operation of the Services will be made clear to you during the process of purchasing or topping up the Services. The Services will be available to you for the period specified at the time of purchase. When the mentioned period expires, any remaining Services will be lost, and no refund will be payable for those unused Services. Services under these Terms are provided on a pre-purchase basis only.
Together with the Services, we may also provide Security Features, a bundle of cybersecurity functionalities designed to enhance your online safety and user experience:
Virtual Location - This feature encrypts your internet connection by routing your online activity through a remote server. It also allows you to change your apparent location.
Ad Blocker - This functionality blocks advertisements using DNS filtering. It prevents ads hosted on remote servers from being fetched and displayed. Please note that this feature does not block ads directly hosted on the content you are accessing, so not all ads may be blocked.
Web Protection - This feature is designed to enhance your web browsing experience by blocking many trackers and potentially malicious websites through DNS filtering. These measures aim to reduce certain online risks, such as malware, phishing attempts, and data leaks, helping to create a more secure and private browsing experience. However, it does not provide absolute protection, and users should remain cautious while browsing online.
The Security Features are offered to complement the core Services and are subject to the conditions outlined in these Terms.
Saily. For the purpose of the Terms, “Saily”, “we”, “us”, or “our” means Saily Inc., a corporation organized under the laws of the State of Delaware, United States of America, under registration number 4419800, principal business address 330 N Wabash Ave, Chicago, IL 60611, United States of America.
Privacy. For information about how we collect and process your personal data, please read our Privacy Policy.
GENERAL TERMS
Sign-Up Process
You can sign up for Services on our Website or through the Saily App.
To complete the registration, you must set up an Account by providing certain information (e.g., your name, email address, billing information, etc.). All information you provide must be complete, accurate, true to the facts and kept up to date. Your Account is non-transferable.
You agree to accept responsibility and are solely responsible for any and all usage and activities that occur under your Account or password, including, but not limited to, use of the Account by any other person, whether or not authorized by you. You are responsible for maintaining the confidentiality of your Account and its password, and for restricting access to your Account by any other party. To protect your Account, keep your password confidential. Do not reuse your Account password with other third party services or subscriptions. You agree to immediately notify us of any unauthorized use of your Account or password.
Registration requires agreeing to our Terms, Privacy Policy and our Technology Partner’s Electronic-SIM (“E-SIM”) Terms and Conditions and Privacy Policy, which are an integral part of these Terms and are binding on every user of the Services.
Services Purchase and Activation
We reserve the right to limit certain Data Plan availability to specific countries. You can explore, choose, and purchase Data Plans on our Website or through the Saily App.
Before purchase of the Services, you must have an unlocked, eSIM-compatible device – an exemplary list of compatible devices is provided.
Upon purchase, users need to download the eSIM onto their device for the Data Plans to be configured according to their order. The downloaded eSIM remains on the device even after Data Plan expiration or credit depletion. While users have the option to remove the eSIM at any time, for the Services to be provided, the eSIM needs to be kept on the device until the Data Plan is depleted or expired.
To activate the Services, users must first download the eSIM and then activate the associated Data Plan. eSim download and installation require a stable internet connection. Please be aware that you will be charged upon the purchase of a Data Plan or its automatic top-up, as defined below.
Data Plan’s automatic top-up feature ("Auto Top-Up") allows users to automatically replenish their purchased Data Plan, ensuring uninterrupted access to mobile data services while traveling. This means that you don’t need to purchase and activate a new Data Plan every time the current Data Plan expires. Auto Top-Up is activated only upon user request, and can be disabled at any time through the Saily App. By enabling Auto Top-Up, you agree to the following feature-specific terms:
Activation and Authorization. Upon accessing the Saily App, you are presented with the Auto Top-Up toggle for the relevant Data Plan. By actively enabling the Auto Top-Up with the chosen top-up amount, you authorize Saily to initiate automatic data plan renewal upon depletion of the current Data Plan.
Auto Top-Up Process. When the current Data Plan with an enabled Auto Top-Up feature is depleted: (i) a new Data Plan is automatically purchased, and (ii) Auto Top-Up remains enabled. If the payment fails, you will receive a notification regarding the payment error, Auto Top-Up will be disabled, and no further charge attempts will be made.
Notifications. You will receive notification before Auto Top-Up occurs. Please disable the Auto Top-Up feature if you do not wish to replenish your current Data Plan.
Exclusions. Auto Top-Up will not apply if: (i) the current Data Plan expires before the allocated data is fully used, or (ii) you manually disable the Auto Top-Up feature through the Saily App.
Disablement of Auto Top-Up. You can disable the Auto Top-Up feature at any time through the Saily App. Upon disablement, any pre-scheduled top-ups of the Data Plan will be cancelled, and no further automatic replenishment will occur.
Administrative Overrides. Saily reserves the right to disable the Auto Top-Up feature if you lose access to the Saily App, provided that you inform Saily immediately about that and successfully complete the Account verification process.
The Ad Blocker and Web Protection features may be activated by default as soon as the associated Data Plan is activated on your device. These features can be disabled at any time. The Virtual Location feature is activated only on demand.
Refund policy
Refunds for Non-Activated Data Plans. If the eSIM (i) has not been installed or (ii) has been installed on your device but the Data Plan is not activated, you may request a full refund.
Refund for Activated Data Plans with Unused or Minimally Used Data. If the eSIM has been installed and you have activated the Data Plan, it will be considered utilized, and a full refund cannot be guaranteed. However, Saily may consider a full or partial refund for your unused data under the following conditions:
The Data Plan has been activated, but the data remains generally unused (>99% of the Data Plan left), and/or
The data has been used insignificantly due to service quality issues related to Saily.
Please note that the decision to grant you a full or partial refund is at the discretion of Saily, and Saily does not provide any guarantee regarding the extent of your refund request.
Refund Restrictions. Saily reserves the right to refuse any form of refund under the following circumstances:
Evidence of Abuse: If there is evidence of abuse (e.g., repetitive refund requests), violation of our Terms, or any fraudulent activity related to usage of Services.
Deleted Account: If you delete your account after purchasing a Data Plan and subsequently request a refund, no refund will be granted.
Unrelated Charges: Refunds or compensation will not be granted for charges incurred from alternate phones, alternate SIM cards, alternate providers, hotel phones, or any other charges not directly associated with your Account.
General Refund Period. All refund requests should be made within 30 days of the Data Plan purchase date. Please note that each Data Plan has its own validity period, and once it expires, no refunds will be provided.
Refund Process. Saily’s decision regarding refund will be made within 5 working days of the submission of your eligible request. The actual refund will be processed within a reasonable time frame but no later than 30 calendar days.
Additional requirements. In the event of the implementation of any special campaign or referral program, additional conditions and different policies may apply. This could include stipulations that discourage misuse of the campaign or referral program. In case of any discrepancy between the terms, this refund policy shall prevail.
Provision of Services
The Services to you will be provided by our Technology Partner - 1GLOBAL Operations (Netherlands) B.V., a company registered in the Netherlands, having its registered office at Proostwetering 41, 3543 AC, Utrecht, registration number 52715469, VAT number NL850565558B01 (“1GLOBAL”), unless you are based in Australia, France, Germany, Japan, Poland, Singapore, Spain, the United Kingdom, or the United States. In such cases, the Services will be provided by the 1GLOBAL group companies listed in the 'End User Country and Contracting Entity' section of the Technology Partner’s Electronic-SIM (“E-SIM”) Terms and Conditions.
The Services will initiate promptly upon the successful download of the eSIM and activation of the associated Data Plan.
The Services duration corresponds to the terms outlined in the purchased Data Plan.
The Services conclude either upon the complete consumption of the Data Plan or upon the expiration of the Data Plan's designated duration, whichever comes first.
Each session of data usage which you undertake will be rounded up to the nearest kilobyte.
The Services are provided on an "as is" and "as available" basis. We do not guarantee fault-free Services, and make no warranties regarding network coverage, quality, or availability. We will make reasonable efforts to ensure continuous availability, contingent upon our and/or our Technology Partner's network capacity and connection availability.
In case of a fault, upon awareness or notification by you, we will make reasonable efforts to promptly correct the issue.
We reserve the right to select network operators and technology partners in the best interest of our business requirements. By using Services, you acknowledge that we may disclose and use your personal data for Services provision, subject to our Privacy Policy and our Technology Partner’s Privacy Policy.
Saily’s Data Plans with open data capacity (the "Unlimited Plan") are designed for individual, day-to-day consumer use by Saily users. This section outlines the fair use of such plans and the actions Saily may take to maintain service quality, access to high-speed data, network stability, and fairness for all Saily’s users ("Fair Usage Policy") .
Consumer Use Only. Unlimited Plans are not intended for commercial use, resale, or use by groups of individuals. Users are prohibited from utilizing Unlimited Plans for the transmission of high volumes of data via access points connected to computers or other devices, or for any activities undertaken for profit or that involve continuous, heavy usage which may negatively impact the service quality for other Saily users. The commercial resale or distribution of Saily’s data services is strictly prohibited.
Excessive Usage. Saily reserves the right to intervene in rare cases where a user’s usage is excessively high (e.g., significantly exceeding the average usage of 99% of other Saily users) or negatively impacts service for others. These interventions are designed to protect the experience of Saily’s broader user base and ensure fair access to network resources.
Daily Full-Speed Data Allocation. Each user on the Unlimited Plan is allocated 5 GB of full-speed data per 24 hour period. Once the allocated 5 GB of full-speed data is consumed within a given 24-hour period, data speeds will be reduced to 1 Mbps for the remainder of that period. After the initial 24-hour period ends, a new 5 GB of full-speed data will be allocated for the following 24-hour cycle.
Prohibited Activities. Users are strictly prohibited from using the Unlimited Plan for any of the following:
Bulk machine-to-machine data applications;
Continuous streaming of content intended to replace a fixed-line internet connection;
Any activities that negatively impact the performance of Saily’s or its Technology Partner’s network or degrade the experience of other Saily users.
Excessive tethering or sharing of data via hotspot with multiple devices or users beyond occasional personal use.
Network and Usage Monitoring. Saily reserves the right to monitor data usage patterns and to regulate or limit excessive/abnormal use.
Traffic Shaping and Throttling. To maintain service quality, Saily may implement traffic shaping or throttling measures during periods of high network demand or in specific locations. These measures are designed to preserve service quality, protect overall network performance and ensure fair access for all users. Such measures may include reducing data speeds, removing access to certain tariff allowances or Bolt-ons, or disconnecting the user’s eSIM service.
Saily’s Right to Intervene. Saily reserves the right to take appropriate measures if there is evidence of misuse or a violation of this Fair Usage Policy. In cases where a user’s data usage negatively impacts other users or network performance, Saily may, at its discretion, take actions such as (i) temporarily reducing data speeds, (ii) limiting access to services, or (iii) suspending or terminating the Services. If a user’s usage significantly exceeds that of 99% of Saily users, Saily may notify the user, investigate potential violations, and take further actions, including temporary or permanent suspension of access to the Unlimited Plan. If a breach of this Fair Usage Policy is suspected, Saily will attempt to contact the user and provide notice prior to any restrictions, limitations, or disconnections, unless extenuating circumstances (such as safety or security concerns) prevent prior notice.
Final Provisions. This Fair Usage Policy is not exhaustive. Saily reserves the right to amend this policy as necessary. Users are encouraged to use their Unlimited Plans responsibly to avoid negatively impacting the service for other users. Failure to comply with this policy may result in additional restrictions, or disconnection.
Roaming
When using the Services while roaming, different laws and regulations may apply, and we disclaim liability for non-compliance. Roaming may incur higher charges, depleting your Data Plan at an accelerated rate.
Suspension
We may temporarily suspend the Services for upgrades, modifications, or maintenance, aiming to minimize disruption and provide advance notice, when possible, through Website or separate notice.
We reserve the right to suspend the Services without notice if:
You breach usage conditions or notified policies described in Terms.
Pending investigation following a complaint against you.
You fail to provide necessary information for regulatory compliance.
We suspect fraudulent or unlawful access to Services.
Compliance with government, regulatory, or emergency services orders is required.
There is a need to prevent network damage caused by you or your Account.
Operational, emergency, or security reasons necessitate suspension.
Monitoring
To the extent required by applicable law, regulations, orders from government authorities or to the extent necessary to protect us and other users, we may monitor and, if obliged, disclose information related to your Account data and/or Services used.
Your obligations
You agree to use the Services in accordance with these Terms and acknowledge your responsibility for all Services usage.
You are responsible for configuring your device to properly utilize the Services, adhering to regulations and instructions from us or the device supplier.
You must:
Avoid using the Services for fraudulent, unlawful, or abusive communication;
Refrain from using the Services for criminal or unlawful activities;
Act in a manner that does not affect the operation of our networks;
Refrain from sending or uploading content that infringes third-party intellectual property rights;
Use the Services for personal use only, refraining from commercial dealings;
Utilize the Services in accordance with the Terms;
Comply with applicable laws and regulations in your home country or the country of residence or presence;
Provide proof of identity, if requested.
It is your responsibility to delete the eSIM from your device before passing it to another person. Any failure to do so allows the new user to access the remaining pre-activated or pre-purchased Services.
Adhere to reasonable security procedures and standards for the Services. We may communicate security issues and general information through our Website, Saily App or dedicated emails.
Lost or Stolen Device
Inform us promptly if the device with activated Services is lost or stolen. You remain responsible for Services usage until notification. Email us at [email protected] for lost or stolen devices. We will take reasonable action to cancel Services on the lost or stolen device within 72 hours, subject to the Account verification.
Content
You are solely responsible for all content, information, and communications transmitted using the Services, acknowledging that we have no responsibility for deletion, corruption, or failure to store transmitted content.
CHARGES
The costs linked to the purchased Data Plans are disclosed to you before your Services purchase, and by completing the purchase, you accept these charges. We retain the right to modify or adjust the charges for the Data Plan you've acquired at any time, either by updating changes on Website and/or Saily App.
The charges for Services purchases include value-added tax and any other applicable sales taxes, duties, or levies imposed by any authority, government, or governmental agency.
PAYMENTS
Services are provided on a pre-purchase basis.
You agree to pay us for any paid Services you purchase from us, as well as all other charges incurred under your Account, including applicable taxes and fees associated with your purchase of the Services.
Payment Methods. To purchase Services directly through us on our Website, you must provide us with a current and valid method of payment, such as a credit or debit card or any other payment method available on the Website.
Billing and invoicing. By providing us with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (ii) authorize us to charge the payment method you provided; and (iii) authorize us to charge you for any paid Services you chose when making a purchase. You can view your purchase history in your Account.
The issuance and delivery of invoices are the sole responsibility of the Services provider – our Technology Partner, conducted through the designated electronic means.
Users requesting invoices for acquired Services are required to contact us via dedicated email – [email protected]. The period for this process depends on the rules and regulations established by the Technology Partner, with information available at the aforementioned email address.
Payment Providers. Purchases may be handled via multiple payment companies (e.g., Moonflash Limited, registered at Regent House, 316 Beulah Hill, London, United Kingdom, SE19 3HF; NordSec B.V., registered at Fred. Roeskestraat 115, 1076 EE Amsterdam, the Netherlands (exclusively for PayPal payments); Lagosec, Inc. registered at 651 N Broad St Suite 206, Middletown, New Castle, Delaware 19709, United States). To find out more on how payment companies process your personal data, please refer to our Privacy Policy.
Fraud Protection. Saily reserves the right to verify credit/debit card payments prior to completing your purchase.
Free Trials. We or our partners may offer a free trial for our paid Services before charging your payment method (“Free Trial”).
The duration of the Free Trial, its use and other details will be outlined during a sign-up and/or in the promotional materials. Eligibility for the Free Trial is determined at our sole discretion, and we may limit or withdraw the Free Trial option at any time without notice, as permitted by applicable law.
If it is determined that a Free Trial offer has been used more than the permitted number of times by the same individual, device, or email address, we reserve the right to immediately terminate access to any Services derived from that free trial coupon, and any benefits (e.g., credits) provided as a result of the Free Trial will also be revoked. Additionally, we may limit user to just one Free Trial or promotion for any paid Services and will not allow the combining of Free Trials or other promotional offers.
If you have any questions related to payments, please contact us at [email protected].
TERMINATION
By us:
We reserve the right to terminate your Account and discontinue the provision of Services in the event of a material breach of these Terms. Upon termination, no refunds will be issued for any unused data bundles or accumulated credits related to the Services.
By you:
You can terminate the Services at any time by notifying us as per clause 5.2.3.
If, before depletion or expiration of a Data Plan purchased, you notify us of termination because we can no longer provide the Services to you, unrelated to any action by you, you may request a refund of the proportional value of unused Services. Otherwise, termination does not entitle you to any payment.
To terminate, email us at [email protected] from the email address associated with your Account – termination process will be initiated subject to Account verification.
Upon depletion or expiration of the Data Plan purchased, further Services usage is restricted until a new Data Plan is purchased.
DISCLAIMER OF WARRANTIES
Reasonable efforts are taken to improve the accuracy and integrity of the Services, but complex software is never wholly free from defects, errors, and bugs. We give no warranty or representation that the Services will be wholly free from defects, errors, and bugs, such as downtime, loss of data, corrupt data, service delay, mistakes, out-of-date information, or other. Notwithstanding any other provision of the Terms, we reserve the right to modify, suspend, or terminate access to the Services, or any functionality comprising a part of the Services at any time. In no event, to the extent permitted under applicable law, will we be liable for making these changes. In exceptional and very limited cases, Services may be unavailable from time to time due to human, digital, mechanical, telecommunication, software, and other failures. We cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
THE SERVICES AND WEBSITES ARE PROVIDED “AS IS” AND WITH ALL FAULTS. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE SERVICES. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF THE SERVICES, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE SERVICES. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT THE SERVICES WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER JURISDICTION.
LIMITATION OF LIABILITIES
There are inherent risks in relying upon, using, transmitting, or retrieving any data and/or content on the internet, and we urge you to make sure you understand these risks before using the Services. Saily disclaims all responsibility for the behavior of its users and/or visitors when they access or use the Services/Websites.
YOUR USE OF THE SERVICES AND WEBSITES IS AT YOUR OWN RISK. NEITHER SAILY, NOR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR EMPLOYEES, OFFICERS OR DIRECTORS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF BUSINESS, LOST PROFITS, INTERRUPTION OF BUSINESS, COST OF COVER OR ANY OTHER DAMAGES) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR THE USE OR INABILITY TO USE THE SERVICES OR WEBSITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE TOTAL AGGREGATE LIABILITY OF SAILY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED WHAT YOU PAID TO US DURING TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY AND SHALL NOT INCLUDE ATTORNEY FEES OR COURT COSTS IRRESPECTIVE OF ANY LAWS OR STATUTES THAT MAY PRESCRIBE OTHERWISE. YOU ACKNOWLEDGE THAT THE AMOUNT OF FEES PAYABLE BY YOU TO SAILY HEREUNDER REFLECT THE ALLOCATION OF RISK SET FORTH IN THE TERMS AND THAT SAILY WOULD NOT HAVE ENTERED INTO THE AGREEMENT WITH YOU WITHOUT THE LIMITATIONS ON ITS LIABILITY CONTAINED IN THIS SECTION.
Some jurisdictions restrict or do not allow the limitation of liability in contracts (e.g., limitation of liability for death or personal injury caused by other party's negligence, fraud, or fraudulent misrepresentation, willful misconduct, or gross negligence). As a result, respective provisions of this Section may not apply to you. In cases where such restrictions on the limitation of liability apply, the liability of Saily shall be limited to the fullest extent permitted by certain applicable law.
Please also note, that we implemented security measures aimed at securing the Services and Websites; nevertheless, the internet is not a secure network and system reliability could be impaired independently our efforts and will. In addition, we cannot be held liable for unpredictable events such as cyber-attacks, security breaches regarding the transmission of data or for performance guarantees regarding the volume and speed of data transmissions. Users are responsible for taking all appropriate measures to protect their own data, software, equipment, and systems, particularly from contamination by any viruses circulating on the internet.
INDEMNIFICATION
You agree, at your own expense, to indemnify, defend, and hold harmless Saily, its parents, subsidiaries, and affiliates and their officers, directors, employees, agents, distributors, and licensees from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys' fees, expert witness fees, and expenses) incurred in, arising out of or in any way related to (i) your breach of these Terms; (ii) your (or any other users of your Account) use of the Services; (iii) your violation of any applicable laws, rules, and regulations; or (iv) your negligence or willful misconduct. Saily shall not be responsible for any delay or disruption to your use of the Services, including any damages stemming therefrom caused by circumstances falling under this Section.
LICENSE TERMS
Software. For easier access to and use of our Services, you may need to download and install our Software on a device. Below see the terms and conditions applicable to the use of such Software. Pursuant to these Terms, “Software” means any mobile and desktop software applications and any other software (including any releases, updates, enhancements, functionalities or revisions) and any documentation that accompanies or is made available in connection with such software provided by us to you for your use of the Services.
License Grant. Subject to these Terms and provided that you comply with the Terms we grant you a limited, revocable, non-exclusive, personal, non-transferable, non-sublicensable, non-assignable, fixed-term license (the “License”) to download, install and use a copy of the Software on a compatible device that you own or control. No other right or license, express or implied, of any kind is granted to you hereunder with respect to the Services and/or Software.
Apple Requirements. For the sake of clarity, in respect to the Software that is downloaded from Apple, Inc. (“Apple”) App Store, the License is limited to the use of such Software on any Apple-branded devices that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Software may be accessed and used by other accounts associated with you via family sharing or volume purchasing features.
We Retain all Rights. The Software used pursuant to these Terms is licensed, not sold, and you receive no title to or ownership of any copy, or of the Software itself, or even more so of the Services and Websites. You receive no rights to the Software other than those specifically granted in Section 9. We and/or our licensors retain all rights, title and interest in and to the Services, Software, Websites, and any portion thereof. All rights are reserved unless otherwise explicitly expressed. Saily and other marks are protected trademarks, owned by Nord companies and you are forbidden from registration, adoption, or any other use of trademarks, trade names, symbols, or signs that are either identical or confusingly similar to any trademarks owned by Nord.
Feedback. You hereby grant Saily and/or its affiliated companies a perpetual, irrevocable, worldwide license to use Feedback (as defined below) you communicate to us without reimbursement or compensation, without any obligation to report on such use, and without any other restriction. You waive (or agree not to enforce) any and all rights that may now or in future exist (including moral and equivalent rights) in Feedback. (“Feedback” refers to any recommendation, idea, proposal, suggestion, feedback, review, or other input related to Services, Software, Website).
APPLICATION PLATFORM TERMS
App Store. If you downloaded our Software from Apple App Store or if you are using such Software and Services on any Apple-branded device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple:
These Terms are concluded between you and Saily, not with Apple, and Apple is not responsible for the Services and the content thereof. If you need any support with respect to Services, please contact us, not Apple as they are under no obligation whatsoever to furnish any maintenance or support services with respect to Services. To the extent that the Services fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you; to the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Services and/or your possession and use of the application infringe that third party's intellectual property rights. You agree to comply with any applicable third-party terms, when using the Services. Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Other Stores. If our Software is downloaded from any other store, platform, marketplace (e.g., Google Play, Amazon Appstore, Microsoft Store, HUAWEI AppGallery, etc.), you acknowledge that you have read, understood, and agree to the user terms of use of such stores, platforms, and marketplaces. Saily is the licensor of the Software and Services agent, 1GLOBAL is the provider of the eSIM with data service plans based on eSIM technology and other related services, and any other third party (e.g., operator of the store, platform, marketplace) is not a party to these Terms.
GOVERNING LAW AND DISPUTE RESOLUTION
Jurisdiction. These Terms shall be governed by, and construed in accordance with, the laws of the state of Delaware, without reference to its choice of law rules. However, some countries (including countries of the European Union) have laws that require contracts to be governed by the mandatory provisions of the local laws of the consumer’s country. In such cases, mandatory provisions of the local laws of your country of residence apply.
Judicial Resolution of Disputes. Before filing a claim against Saily, please try to resolve the dispute informally by sending us a written notice of dispute at [email protected] that includes your name, a detailed description of the dispute, and the relief you seek. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved, you or Saily may bring a formal proceeding. You and Saily agree that any judicial proceeding to resolve claims relating to the Terms will be brought in the courts of the State of Delaware. If you reside in a country (including countries of the European Union) where laws provide consumers the right to bring disputes in their local courts, in such cases, mandatory provisions of the local laws of your country of residence apply. We always strive to address your concerns without needing a formal legal case.
Online Dispute Resolution in the EU. If you are a consumer, you may report the dispute to a consumer dispute body in your country of residence, in accordance with local regulations and practices. If you reside in the European Economic Area or Switzerland, the European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr.
NO CLASS ACTIONS. YOU AND SAILY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND SAILY AGREE OTHERWISE IN WRITING, THE ARBITRATOR OR JUDGE MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. ALSO, THE ARBITRATOR OR JUDGE MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SAILY USERS.
MISCELLANEOUS
Entire Agreement. These Terms, along with any rules, guidelines, or policies published on the Website constitute the entire agreement between Saily and you with respect to your use of our Website and Services.
Amendments. No amendment to these Terms by you shall be effective unless acknowledged in writing by Saily. Notwithstanding the foregoing, Saily reserves the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above.
Severability. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect.
Assignment. You may not assign its rights or obligations under these Terms without the prior written consent of Saily but may be assigned by Saily without restriction.
Non-Waiver. Saily’s failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
Third-Party Components. You acknowledge that Services, Software, Security Features and Websites, may incorporate, embed, be combined with, or may otherwise interact with third-party computer programs, applications, services, links, and components (“Third-Party Components”). For the avoidance of doubt, Section “Disclaimer of Warranties” and Section “Limitation of Liabilities” of these Terms apply to the foregoing interaction with Third-Party Components. Where our Website contains links to other websites and/or resources provided by third parties, which include third-party social media websites such as Facebook, Instagram, and LinkedIn, they are provided for your information only. Please review the third-party website’s terms of use and other policies carefully and make sure you understand them before you engage in any transaction.
Linking to our Websites. You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
Communication with Saily. You may provide notices, requests, information, and other communications to Saily via our customer support. You agree to receive communications from us electronically, e.g., by email, through our applications, and customer support platforms, and consent that such notifications have the same legal power as communication in writing. We may communicate to you in order to advise you about provision, changes, or additions to the Services or for other purposes that are reasonable or required by applicable law. When communicating with our customer support representatives, you agree to be respectful and kind. In addition, you undertake to provide accurate data for communication with us and, if your contact details have changed, update them in your Account immediately. Saily is not liable if you do not receive certain notices regarding the Services upon your failure to update your contact details.
Export. Saily may be subject to the United States (U.S.), United Kingdom, and European Union export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce. You warrant that you are (i) not located in any country to which the U.S., the European Union, the United Kingdom or other relevant jurisdiction has embargoed goods or has otherwise applied any economic sanctions, which would forbid or limit the use, import, export, sale of, or payment for the Services; and (ii) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in relevant jurisdictions or otherwise listed on any list of prohibited or restricted parties as administered by the Office of Foreign Control of the U.S. Department of the Treasury (“OFAC”), the U.S. Department of State, the United Nations Security Council, the European Union, Her Majesty’s Treasury of the United Kingdom, or other relevant sanctions authority (“Sanctions Authorities”). You agree to comply with all applicable export and re-export control laws and regulations, including without limitation the EAR and trade and economic sanctions maintained by OFAC as it may be applicable to you. Specifically, you agree not to - directly or indirectly - use, sell, export, reexport, transfer, divert, release, or otherwise dispose of any Saily services, including products, software, or technology (notwithstanding products derived from or based on such technology) received from under these Terms to any destination, entity, or person or for any end-use prohibited by the applicable export control laws, trade and economic sanctions maintained by Sanctions Authorities or any applicable laws or regulations without obtaining any required prior authorization from the competent government authorities as required by those laws and regulations.
Prevailing Language. For all purposes, the English language version of the Terms shall be the original, governing instrument and understanding between you and us. In the event of any conflict between this English language version of the Terms and any subsequent translation into any other language, the English language version shall govern and control.
Force Majeure. Saily shall not be in breach of the Terms nor liable for delay in performing, or failing to perform, any obligations under the Terms if such delay or failure result from unforeseen circumstances, events, or causes beyond Saily’s reasonable control (including, without limitation, failures of third party software (whether open or not), failures of your telecommunication or internet service providers, force majeure, earthquakes, fires, floods, embargoes, labor disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities). In such cases, Saily shall be entitled to a reasonable extension of the time for performing any such obligations under the Terms.
No Reliance. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
CONTACT US
You can reach our team 24/7, 365 days a year. Just contact us through one of our communication channels:
Email: [email protected]
Chatbot: through Saily App (while logged-in).
BUSINESS TERMS OF SERVICE
Last updated: 2024-12-13
INTRODUCTION
Terms. Welcome to Saily. Before starting, please read these Terms of Service (“Terms”) carefully. Among other things, the Terms cover the scope of organization’s agreeing to these Terms (“Customer”) and Customer’s employees or authorized personnel (collectively, the “End-users”) use of and access to (i) Software (as described below), website (“Website”) and cybersecurity functionalities (“Security Features” as described below) provided by Saily and (ii) eSIM with data service plans (“Data plans”) based on eSIM technology and other related services provided by our Technology Partner (as described below) and promoted by Saily (collectively, the “Service” or “Services”).
Updates to the Terms. Services might be introducing new features or modifying current ones constantly. In addition, we may need to update the Terms by amending them from time to time (i) to comply with the law; (ii) to comply with orders/recommendations of regulatory authorities; (iii) to add additional functionality, services, features, technologies and/or benefits, or to remove the old ones; (iv) to correct errors and bugs; (v) to clarify the Terms; (vi) to prevent abuse or harm; (vii) for any other valid reason (e.g., for security reasons). Customer understand and agree that it is it’s obligation to review the Terms from time to time in order to stay informed on current rules and obligations. Notification of any material changes to the Terms that affect Customer’s rights or obligations will be provided in advance of such changes by reasonable means (e.g., via email or pop-up in an app). Unless it is stated by us otherwise, each update of the Terms comes into force as of the moment when amended Terms are published. Customer’s continued use of the Services will be deemed acceptance thereof.
THE TERMS MAY CHANGE, SO IT IS IMPORTANT TO REVIEW THE TERMS PERIODICALLY.
Accessing the Services and/or Websites. Customer affirms that it is a valid legal entity and that the individual acting on its behalf has the authority to do so. Customer possesses all necessary rights, powers, and authority to enter into and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. Customer further agrees to ensure that its End-users, who must be at least eighteen (18) years of age, are made aware of these Terms and assumes full responsibility for any failure by its End-users to comply with them.
Binding Legal Agreement. Please note that the Terms constitute a binding legal agreement between Customer (or those Customer legally represent) and Saily. Customer agrees and accepts to be bound by these Terms by either: (i) creating a user account and/or it’s End-users’ accounts to use Services (“Account”; unless specified otherwise, "Account" includes both the Customer’s and its End-users’ accounts); (ii) downloading Software or accessing/using its Services and Websites; (iii) signing insertion order or (iv) otherwise electronically agreeing to be bound by these Terms. If using the Services on behalf of an organization, one is agreeing to these Terms for that organization and acknowledges having the authority to act on behalf of the organization and commit to these Terms on behalf of the organization. To the maximum extent permitted by law Customer hereby acknowledges and agrees that consumer laws are not applicable to Service provision to Customer and its End-users following these Terms. For services provided in a business-to-consumer (B2C) context, the following Consumer Terms of Service shall apply.
SERVICES ARE OFFERED TO CUSTOMER CONDITIONAL ON ITS ACCEPTANCE OF THESE TERMS. PLEASE READ CAREFULLY ALL OF THEM. IF CUSTOMER DOES NOT AGREE TO BE BOUND BY THESE TERMS OR ANY PROVISIONS HEREOF, PLEASE DO NOT ACCESS AND USE OUR WEBSITES, SOFTWARE AND/OR SERVICES.
Services. We shall provide Customer eSIM with data plans and services based on the capabilities of supplied eSIM. The eSIM includes an electronic profile which will be downloaded to Customer’s or its End-user’s device as part of activating the Service. The volume of data available and the duration of the Services will be specified to Customer and its End-users during the process of redeeming a coupon code for specific Data plan, or topping up the Services. Once the specified period expires, any remaining Services will be lost, and no refund will be payable for those unused Services.
Together with the Services, we may also provide Security Features, a bundle of cybersecurity functionalities designed to enhance End-user’s online safety and user experience:Virtual Location - This feature encrypts End-user’s internet connection by routing their online activity through a remote server. It also allows End-user to change their apparent location.
Ad Blocker - This functionality blocks advertisements using DNS filtering. It prevents ads hosted on remote servers from being fetched and displayed. Please note that this feature does not block ads directly hosted on the content End-user is accessing, so not all ads may be blocked.
Web Protection - This feature is designed to enhance End-user’s web browsing experience by blocking many trackers and potentially malicious websites through DNS filtering. These measures aim to reduce certain online risks, such as malware, phishing attempts, and data leaks, helping to create a more secure and private browsing experience. However, it does not provide absolute protection, and End-users should remain cautious while browsing online.
The Security Features are offered to complement the core Services and are subject to the conditions outlined in these Terms.
Customer is not permitted to access or use the Services if it’s a competitor of our business, or if it’s using our Services to obtain information for unfair competition. Additionally, access to the Services may be denied if we have previously prohibited it for any reason.Saily. For the purpose of the Terms, “Saily”, “we”, “us”, or “our” means Saily Inc., a corporation organized under the laws of the State of Delaware, United States of America, under registration number 4419800, registered address 16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex, United States of America.
Privacy. For information about how we collect and process personal data, please read our Privacy Policy.
SERVICES
Order Process & Account creation
Customer can order Services on our Website, through the Saily App or through designated sales channels.
To initiate the process, the Customer or its End-users must set up individual Accounts by providing certain information (e.g., name, email address, etc.). All provided information must be complete, accurate, true to the facts and kept up to date. Account is non-transferable.
Customer agrees to accept responsibility and is solely responsible for any and all usage and activities that occur under its and its End-users’ Accounts or passwords, including, but not limited to, use of the Accounts by any other person, whether or not authorized by Customer. Customer is responsible for maintaining the confidentiality of these Accounts and passwords, and for restricting access to these Accounts by any other party. To protect the Account, Customer shall keep password confidential. Customer does not reuse Account password with other services. Customer agrees to immediately notify us of any unauthorized use of its or its End-users Accounts or passwords.
Account registration requires agreeing to our Terms, Privacy Policy and our Technology Partner’s Electronic-SIM (“E-SIM”) Terms and Conditions and Privacy Policy, which are an integral part of these Terms and are binding on every End-user of the Services.
Service Purchase and Activation
We reserve the right to limit plan availability to specific countries.
Before ordering and activating the Data plan, ensure that the device is unlocked and eSIM-compatible – an exemplary list of compatible devices is provided.
Customer or End-user needs to download the eSIM onto their device for the Data plan to be configured according to their order. The downloaded eSIM will remain on the device even after the Data plan expires or credit is depleted. While the eSIM can be removed at any time, for the Services to be provided, the eSIM needs to be kept on the device until the Data plan is depleted or expired.
To initiate the Service, eSIM must be downloaded and associated Data plan activated. Both processes require a stable internet connection. Please note that Customer will be charged for the activated Data plan which will be considered as purchased.
The Ad Blocker and Web Protection features may be activated by default as soon as the associated Data Plan is activated on an End-user device. These features can be disabled at any time. The Virtual Location feature is activated only on demand.
Refund policy
Refunds for Non-Activated Data Plans. If the eSIM (i) has not been installed or (ii) has been installed on the device but the Data plan is not activated, Customer may request a full refund.
Refund for Activated Data Plans with Unused or Minimally Used Data. Once the eSIM has been installed and the Data plan activated, it will be considered utilized, and a full refund cannot be guaranteed.
However, Saily may consider a full or partial refund for Customer’s unused data under the following conditions:
(i) The Data plan has been activated, but the data remains generally unused (>99% of the Data plan left), and/or
(ii) The data has been used insignificantly due to service quality issues related to Saily.
Please note that the decision to grant Customer a full or partial refund is at the discretion of Saily, and Saily does not provide any guarantee regarding the extent of Customer’s refund request.
Refund Restrictions. Saily reserves the right to refuse any form of refund under the following circumstances:
Evidence of Abuse: If there is evidence of abuse (e.g., repetitive refund requests), violation of Terms, or any fraudulent activity related to usage of Services.
Deleted Account: If an End-user deletes an account after activating a Data Plan, no refund will be granted.
Unrelated Charges: Refunds or compensation will not be granted for charges incurred from alternate phones, alternate SIM cards, alternate providers, hotel phones, or any other charges not directly associated with Account.
General Refund Period. All refund requests should be made within 30 days of the Data plan activation date. Please note that each Data plan has its own validity period, and once it expires, no refunds will be provided.
Refund Process. Saily’s decision regarding refund will be made within 5 working days of the submission of Customer’s eligible request. The actual refund will be processed within a reasonable time frame but no later than 30 calendar days.
Additional Requirements. In the event of the implementation of any special campaign or referral program, additional conditions and different policies may apply. This may include stipulations that prevent misuse of the campaign or referral program. In case of any discrepancy between the terms, this refund policy shall prevail.
Provision of Services
The Services to Customer will be provided by our Technology Partner - TP Global Operations Limited, a limited liability company incorporated and registered in England and Wales with company number 14109189 whose registered office is at 109 Farringdon Road, Farringdon, London, EC1R 3BW, UK (“1GLOBAL”).
The Services will initiate promptly upon the successful download of the eSIM and activation of the associated Data plan.
The Service duration corresponds to the terms outlined in the activated Data plan.
The Service for associated Data plan concludes either upon the complete consumption of the Data plan or upon the expiration of the Data plan's designated duration, whichever comes first.
Each session of data usage which End-user undertakes will be rounded up to the nearest kilobyte.
The Service is provided on an "as is" and "as available" basis. We do not guarantee a fault-free Service, and make no warranties regarding network coverage, quality, or availability. We will make reasonable efforts to ensure continuous availability, contingent upon our and/or our Technology Partner's network capacity and connection availability.
In case of a fault, upon awareness or notification by Customer, we will make reasonable efforts to promptly correct the issue.
We reserve the right to select network operators and technology partners in the best interest of our business requirements.
Personal data protection. By using Service, Customer acknowledges that we may disclose and use End-users’ personal data for Service provision, subject to our Privacy Policy and our Technology Partner’s Privacy Policy.
Unless otherwise agreed, the Customer and Saily acknowledge that, under applicable data protection laws, each party is an independent data controller of the personal data that it collects or processes pursuant to this agreement. Each part shall be individually and separately responsible for complying with the obligations that apply to it as a controller under applicable data protection laws. The parties further agree that they are not joint controllers of any personal data that is collected or processed pursuant to this agreement.
Each party shall: i) individually determine the purposes and means of its processing of personal data; ii) ensure that all processing of personal data is carried out in accordance with applicable data protection laws; iii) implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk associated with the processing of personal data; iv) provide the necessary information to data subjects regarding the processing of their personal data; v) ensure that any transfer of personal data to a third country or an international organization complies with the applicable data protection laws.
In the event of a personal data breach affecting the personal data processed under this agreement the party responsible for the breach shall notify the other party without undue delay and provide sufficient information to enable the other party to meet its obligations under applicable data protection laws. Both parties shall cooperate in good faith to investigate the breach, mitigate any damages, and comply with their respective reporting obligations under applicable data protection laws.
Roaming
When using the Service while roaming, different laws and regulations may apply, and we disclaim liability for non-compliance. Roaming may incur higher charges, depleting data bundles at an accelerated rate.
Suspension
We may temporarily suspend the Service for upgrades, modifications, or maintenance, aiming to minimize disruption and provide advance notice, when possible, through Website, Saily App or separate notice.
We reserve the right to suspend the Service without notice if:
Customer or any of its End-user breach usage conditions or notified policies described in Terms.
Pending investigation following a complaint against Customer or any of its End-users.
Customer fails to provide necessary information for regulatory compliance.
We suspect fraudulent or unlawful access to Services.
Compliance with government, regulatory, or emergency services orders is required.
There is a need to prevent network damage caused by Customer, its End-users, or any of Customer Accounts.
Operational, emergency, or security reasons necessitate suspension.
Monitoring
To the extent required by applicable law, regulations, orders from government authorities or to the extent necessary to protect us and other customers, we may monitor and, if obliged, disclose information related to Customer and its End-users Accounts data and/or Services used.
Customer’s obligations
Customer is responsible for (a) duly payment of all fees relating to Customer's and all of its End-users’ orders (redeem coupons) and use of the Services; (b) managing access to the Services and promptly notifying Saily of any unauthorized use of or access; (c) maintaining the confidentiality and security of passwords and Accounts; (d) maintaining accurate and current Account and contact information for each Account; (e) ensuring that any and all use of the Services complies with these Terms and applicable laws; and (f) configuring all Customer’s and its End-users' devices to properly utilize the Services, adhering to regulations and instructions from Saily or the device supplier.
Customer and any of its End-users must:
Avoid using the Services for fraudulent, unlawful, or abusive communication;
Refrain from using the Service for criminal or unlawful activities;
Act in a manner that does not affect the operation of our networks;
Refrain from sending or uploading content that infringes third-party intellectual property rights;
Utilize the Service in accordance with the Terms;
Comply with applicable laws and regulations in Customer’s and its End-users’ home country or the country of residence or presence;
Provide proof of representation or identity upon request.
It is Customer’s and its End-users responsibility to delete the eSIM from their devices before passing it to another person. Any failure to do so allows the new user to access the remaining pre-activated Services.
Customer must adhere to reasonable security procedures and standards for the Service. We may communicate security issues and general information through our Website, Saily App or dedicated emails.
Lost or Stolen Device
Customer shall promptly inform us if any device with activated Services is lost or stolen. Customer remains responsible for Service usage until notification. Email us at [email protected] for lost or stolen devices. We will take reasonable action to cancel Services on the lost or stolen device within 72 hours, subject to the Account verification.
Content
Customer is solely responsible for all content, information, and communications transmitted using the Service, acknowledging that we have no responsibility for deletion, corruption, or failure to store transmitted content.
CHARGES
The costs linked to the activated Data plans are disclosed to Customer and its End-users before Services are ordered, and by redeeming the coupon, Customer accepts these charges. We retain the right to modify or adjust the charges for the Services Customer has acquired at any time, either by updating changes on Website and/or Saily App.
The charges for Service purchases include value-added tax and any other applicable sales taxes, duties, or levies imposed by any authority, government, or governmental agency.
PAYMENTS
CUSTOMER ACKNOWLEDGES THAT CUSTOMER AND ITS END USERS MAY LOSE ACCESS TO SERVICES IN THE EVENT THAT CUSTOMER FAILS TO PROVIDE TIMELY PAYMENT.
Customer agrees to pay us for any Services Customer or its End-users order from us, as well as all other charges incurred under Account, including applicable taxes and fees associated with Customer purchase of the Services.
Payment Methods. Apart from selecting the service duration and desired amount, the Customer also chooses the payment method when signing up for the Services.
Billing and invoicing. By providing us with a payment method, Customer (i) represents that Customer is authorized to use the payment method Customer provided and that any payment information Customer provides is true and accurate; (ii) authorize us to charge the payment method Customer provided; and (iii) authorizes us to invoice the Customer for any paid Services ordered and activated by the Customer or its End-users.
The issuance of invoices are the sole responsibility of the Services provider – our Technology Partner, conducted through the designated electronic means.
If Customer has any questions related to invoices, please contact us at [email protected].
Fraud Protection. If applicable, Saily reserves the right to verify credit/debit card payments prior to completing purchase.
Free Trials. We or our partners may offer a free trial for our paid Services before charging Customer’s payment method (“Free Trial”).
The duration of the Free Trial, its use, territorial availability, and other details will be outlined during sign-up and/or in the promotional materials. Eligibility for the Free Trial is determined at our sole discretion, and we reserve the right to limit, withdraw, or modify the Free Trial option at any time, in any jurisdiction, without notice, as permitted by applicable law.
If it is determined that a free trial offer has been used more than the permitted number of times by the same individual, device, or email address, we reserve the right to immediately terminate access to any Services derived from that free trial coupon, and any benefits (e.g., credits) provided as a result of the free trial will also be revoked. Additionally, we may limit Customer to just one free trial or promotion for any paid Service and will not allow the combining of free trials or other promotional offers.
If Customer has any questions related to payments, please contact us at [email protected].
The provisions in this Payments section are without prejudice to any terms outlined in the Insertion Order mutually agreed upon by Customer and Saily.
TERMINATION
Saily may terminate these Terms if: (a) Customer is in material breach of Terms and fails to cure that breach within thirty (30) days after receipt of written notice (except where otherwise indicated in these Terms); or (b) Customer ceases its business operations or becomes subject to insolvency, bankruptcy, winding-up or similar proceedings and the proceedings are not dismissed within ninety (90) days. This clause applies equally to the Customer's right to terminate these Terms under the same conditions.
We may terminate these Terms and suspend Customer's access to the Services: (a) if required to do so by law, or (b) for conducting criminal or illegal activities by Customer or its end users when using Services if reasonably suspected by Saily, or (c) if Saily determines in its absolute discretion that the provision of the Services to Customer is not in the best interests of Saily. If Saily terminates the Terms and suspends Customer's access to the Services as described in point (c), Customer will be responsible for paying only the remaining unpaid amounts for used data. Fees already paid for the Services will be refunded on a pro rata basis for the unused portion. Customer acknowledges that the refund of fees paid for the unused portion of activated data plans is its sole remedy in the event of termination by Saily under point (c), and all other liabilities of Saily are expressly excluded.
Consequences of termination. After termination of Terms for any reason whatsoever and without prejudice to any other applicable provisions set forth in these Terms: (a) except as set forth in this Section, the rights and licenses granted by Saily to Customer will cease immediately; (b) all provisions of these Terms which by their nature are intended to continue in effect after the expiration or termination and all rights and remedies of the parties that accrued up to the termination date or by virtue of the termination or expiration will survive the termination date.
Upon depletion or expiration of the Data plan purchased, further Service usage is restricted until a new Data plan is activated.
DISCLAIMER OF WARRANTIES
Reasonable efforts are taken to improve the accuracy and integrity of the Services, but complex software is never wholly free from defects, errors, and bugs. We give no warranty or representation that the Services will be wholly free from defects, errors, and bugs, such as downtime, loss of data, corrupt data, service delay, mistakes, out-of-date information, or other. Notwithstanding any other provision of the Terms, we reserve the right to modify, suspend, or terminate access to the Services, or any functionality comprising a part of the Services at any time. In no event, to the extent permitted under applicable law, will we be liable for making these changes. In exceptional and very limited cases, Services may be unavailable from time to time due to human, digital, mechanical, telecommunication, software, and other failures. We cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
THE SERVICES AND WEBSITES ARE PROVIDED “AS IS” AND WITH ALL FAULTS. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE SERVICES. CUSTOMER ACKNOWLEDGES THAT WE DO NOT HAVE CONTROL OVER CUSTOMER’S USE OF THE SERVICES, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH CUSTOMER’S USE OF THE SERVICES. CUSTOMER ASSUMES ALL RISKS AND RESPONSIBILITY FOR ITS USE OF THE SERVICES AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT CUSTOMER’S USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT THE SERVICES WILL BE AVAILABLE FOR CUSTOMER’S ACCESS OR USE, NOR THAT OPERATION OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMER. IN ADDITION, CUSTOMER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER JURISDICTION.
LIMITATION OF LIABILITIES
There are inherent risks in relying upon, using, transmitting, or retrieving any data and/or content on the internet, and we urge Customer to make sure it understands these risks before using the Services. Saily disclaims all responsibility for the behavior of its Customer and their End-users and/or visitors when they access or use the Services/Websites.
CUSTOMER’S USE OF THE SERVICES AND WEBSITES IS AT ITS OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER SAILY, NOR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR EMPLOYEES, OFFICERS OR DIRECTORS, SHALL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF BUSINESS, LOST PROFITS, INTERRUPTION OF BUSINESS, COST OF COVER OR ANY OTHER DAMAGES) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR THE USE OR INABILITY TO USE THE SERVICES OR WEBSITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE TOTAL AGGREGATE LIABILITY OF SAILY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED WHAT CUSTOMER PAID TO US DURING TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY AND SHALL NOT INCLUDE ATTORNEY FEES OR COURT COSTS IRRESPECTIVE OF ANY LAWS OR STATUTES THAT MAY PRESCRIBE OTHERWISE. CUSTOMER ACKNOWLEDGES THAT THE AMOUNT OF FEES PAYABLE BY CUSTOMER TO SAILY HEREUNDER REFLECT THE ALLOCATION OF RISK SET FORTH IN THE TERMS AND THAT SAILY WOULD NOT HAVE ENTERED INTO THE AGREEMENT WITH CUSTOMER WITHOUT THE LIMITATIONS ON ITS LIABILITY CONTAINED IN THIS SECTION.
Some jurisdictions restrict or do not allow the limitation of liability in contracts (e.g., limitation of liability for death or personal injury caused by other party's negligence, fraud, or fraudulent misrepresentation, willful misconduct, or gross negligence). As a result, the respective provisions of this Section may not apply to Customer. In cases where such restrictions on the limitation of liability apply, the liability of Saily shall be limited to the fullest extent permitted by certain applicable law.
Please also note, that we implemented security measures aimed at securing the Services and Websites; nevertheless, the internet is not a secure network and system reliability could be impaired independently our efforts and will. In addition, we cannot be held liable for unpredictable events such as cyber-attacks, security breaches regarding the transmission of data or for performance guarantees regarding the volume and speed of data transmissions. Customers and their End-users are responsible for taking all appropriate measures to protect their own data, software, equipment, and systems, particularly from contamination by any viruses circulating on the internet.
INDEMNIFICATION
Customer agrees, at it own expense, to indemnify, defend, and hold harmless Saily, its parents, subsidiaries, and affiliates and their officers, directors, employees, agents, distributors, and licensees from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys' fees, expert witness fees, and expenses) incurred in, arising out of or in any way related to (i) Customer and its End-users’ breach of these Terms; (ii) Customer (or any other users of Account) use of the Services; (iii) Customer and its End-users violation of any applicable laws, rules, and regulations; or (iv) Customer and its End-users negligence or willful misconduct. Saily shall not be responsible for any delay or disruption to Customer’s use of the Services, including any damages stemming therefrom caused by circumstances falling under this Section.
LICENSE TERMS
Software. For access to and use of our Services, Customer and its End-users need to download and install our Software on their devices. Below see the terms and conditions applicable to the use of such Software. Pursuant to these Terms, “Software” means any mobile and desktop software applications and any other software (including any releases, updates, enhancements, functionalities or revisions), and any accompanying documentation, provided by us to Customer and its End-users for their use of the Services.
License Grant. Subject to these Terms and provided that Customer comply with the Terms we grant Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable, non-assignable, fixed-term license (“License”) to download, install and use a copy of the Software on a compatible devices that Customer and its End-users own or control. No other right or license, express or implied, of any kind is granted to Customer hereunder with respect to the Services and/or Software.
Apple Requirements. For the sake of clarity, in respect to the Software that is downloaded from Apple, Inc. (“Apple”) App Store, the License is limited to the use of such Software on any Apple-branded devices that Customer and its End-users own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Software may be accessed and used by other accounts associated with Customer and its End-users via family sharing or volume purchasing features.
We Retain all Rights. The Software used pursuant to these Terms is licensed, not sold, and Customer receives no title to or ownership of any copy, or of the Software itself, or even more so of the Services and Websites. Customer receives no rights to the Software other than those specifically granted in Section 9. We and/or our licensors retain all rights, title and interest in and to the Services, Software, Websites, and any portion thereof. All rights are reserved unless otherwise explicitly expressed. Saily and other marks are protected trademarks, owned by Nord companies and Customer is forbidden from registration, adoption, or any other use of trademarks, trade names, symbols, or signs that are either identical or confusingly similar to any trademarks owned by Nord.
Feedback. Customer hereby grants Saily and/or its affiliated companies a perpetual, irrevocable, worldwide license to use Feedback (as defined below) Customer communicates to us without reimbursement or compensation, without any obligation to report on such use, and without any other restriction. Customer waives (or agrees not to enforce) any and all rights that may now or in future exist (including moral and equivalent rights) in Feedback. (“Feedback” refers to any recommendation, idea, proposal, suggestion, feedback, review, or other input related to Services, Software, Website).
APPLICATION PLATFORM TERMS
App Store. If Customer or its End-users have downloaded our Software from the Apple App Store or are using such Software and Services on any Apple-branded device, Customer acknowledges that they have read, understood, and agree to the following notice regarding Apple:
These Terms are concluded between Customer and Saily, not with Apple, and Apple is not responsible for the Services or their content. If Customer requires any support with respect to the Services, they should contact us directly, as Apple is under no obligation to provide any maintenance or support services for the Services. To the extent that the Services fail to conform to any applicable warranty, Customer may notify Apple, and Apple will refund the purchase price for the Services; to the maximum extent permitted by law, Apple will have no other warranty obligations with respect to the Services. Apple is not responsible for addressing any claims by Customer or any third party relating to the Services or Customer’s possession and/or use of the Services, including: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under any other applicable legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Services and/or Customer’s possession and use of the application infringe on that third party's intellectual property rights. Customer agrees to comply with any applicable third-party terms when using the Services. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon Customer’s acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against Customer as a third-party beneficiary. Customer represents and warrants that (i) they are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) they are not listed on any U.S. Government list of prohibited or restricted parties
Other Stores. If our Software is downloaded from any other store, platform, marketplace (e.g., Google Play, Amazon Appstore, Microsoft Store, HUAWEI AppGallery, etc.), Customer acknowledges that it has read, understood, and agrees to the customer terms of use of such stores, platforms, and marketplace. Saily is the licensor of the Software and Services agent, 1GLOBAL is the provider of the eSIM with data service plans based on eSIM technology and other related services, and any other third party (e.g., operator of the store, platform, marketplace) is not a party to these Terms.
GOVERNING LAW AND DISPUTE RESOLUTION
Jurisdiction. These Terms shall be governed by, and construed in accordance with, the laws of the State of Delaware, without reference to its choice of law rules.
Judicial Resolution of Disputes. Customer and Saily shall endeavor in good faith to resolve any dispute, claim, controversy, or disagreement relating to or arising out of these Terms, or the subject matter of these Terms (“Dispute”), by negotiation. Any Dispute which remains unresolved 30 (thirty) days after Customer or Saily gives written notice of the existence of such Dispute, may be referred for final resolution by the competent courts of the State of Delaware, United States of America. The proceedings shall be held in English language. We always strive to address Customer’s concerns without needing a formal legal case.
NO CLASS ACTIONS. CUSTOMER AND SAILY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN CUSTOMER’S OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH CUSTOMER AND SAILY AGREE OTHERWISE IN WRITING, THE ARBITRATOR OR JUDGE MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. ALSO, THE ARBITRATOR OR JUDGE MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SAILY CUSTOMERS.
MISCELLANEOUS
Entire Agreement. These Terms, along with any rules, guidelines, or policies published on the Website constitute the entire agreement between Saily and Customer with respect to Customer’s use of our Website and Services.
Amendments. No amendment to these Terms by Customer shall be effective unless acknowledged in writing by Saily. Notwithstanding the foregoing, Saily reserves the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above.
Severability. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect.
Assignment. Customer may not assign its rights or obligations under these Terms without the prior written consent of Saily but Saily may assign them without restriction.
Non-Waiver. Saily’s failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
Third-Party Components. Customer acknowledges that Services, Software, Security Features and Websites, may incorporate, embed, be combined with, or may otherwise interact with third-party computer programs, applications, services, links, and components (“Third-Party Components”). For the avoidance of doubt, Section “Disclaimer of Warranties” and Section “Limitation of Liabilities” of these Terms apply to the foregoing interaction with Third-Party Components. Where our Website contains links to other websites and/or resources provided by third parties, which include third-party social media websites such as Facebook, Instagram, and LinkedIn, they are provided for Customer information only. Please review the third-party website’s terms of use and other policies carefully before engaging in any transaction.
Linking to our Websites. Customer may link to our Website, provided it does so in a way that is fair and legal and does not damage our reputation or take advantage of it, but Customer must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
Communication with Saily. Any notice required or permitted to be given to Saily hereunder shall be given in writing by personal delivery, by e-mail or by world-recognized courier delivery. Notices to Customer may also be sent to the applicable email address and are deemed given when sent. Notices to Saily in any case must also be sent to legal@nordsec.com and are deemed given the next business day from such notification. Customer agrees to receive communications from us electronically, e.g., by email, through our applications, and customer support platforms, and consent that such notifications have the same legal power as communication in writing. We may communicate to Customers in order to advise them about provision, changes, or additions to the Services or for other purposes that are reasonable or required by applicable law. When communicating with our customer support representatives, Customer agrees to be respectful and kind. In addition, Customer undertakes to provide accurate data for communication with us and, if Customer’s contact details have changed, they shall update them immediately. Saily is not liable if Customer does not receive certain notices regarding the Services upon Customer’s failure to update their contact details.
Export and Sanctions Compliance. Customer represents and warrants that, throughout the entire duration these Terms apply, neither it nor any of its direct or indirect shareholders, beneficiaries, principals, executives, employees, agents, or its End-users are (i) subject, directly or indirectly, to any sanctions or restrictive measures administered or enforced by the United Nations, the United States of America, the European Union and/or its Member States, the United Kingdom, or any other applicable governmental authority (collectively, “Sanctions”), nor (ii) located, organized, or resident in any country or region that is subject to comprehensive Sanctions or embargoes, including but not limited to Belarus, Cuba, Iran, North Korea, Russia, Syria, or the restricted regions of Ukraine.
Customer further acknowledges that the export, re-export, transfer, or use of Services and related technologies (“Controlled Items”) may be subject to export control and sanctions laws of the United States, the European Union, its Member States, and any other applicable jurisdiction. Customer agrees to comply fully with all such laws and regulations, including not exporting, re-exporting, or otherwise transferring any Controlled Items (a) to any prohibited country, entity, or individual without obtaining any required government authorizations or (b) in violation of applicable sanctions or export control laws.
Customer also agrees to inform Saily immediately in writing if it or any party listed in this clause becomes subject to Sanctions, or if any of the representations or warranties made in this clause are no longer accurate.
In the event of any breach of this clause, Saily reserves the right to suspend or terminate the Services immediately and without prior notice. Any such breach will be considered a material violation of these Terms.
Prevailing Language. For all purposes, the English language version of the Terms shall be the original, governing instrument and understanding between Customer and us. In the event of any conflict between this English language version of the Terms and any subsequent translation into any other language, the English language version shall govern and control.
Force Majeure. Saily shall not be in breach of the Terms nor liable for delay in performing, or failing to perform, any obligations under the Terms if such delay or failure result from unforeseen circumstances, events, or causes beyond Saily’s reasonable control (including, without limitation, failures of third party software (whether open or not), failures of Customer’s and its End-users’ telecommunication or internet service providers, force majeure, earthquakes, fires, floods, embargoes, labor disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities). In such cases, Saily shall be entitled to a reasonable extension of the time for performing any such obligations under the Terms.
No Reliance. Customer and Saily acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
CONTACT US
Customer can reach our team 24/7, 365 days a year. Just contact us through one of our communication channels:
Email: [email protected]
Chatbot: through Saily App (while logged-in).
Experiences Terms of Use
Last updated: 2025-04-11
These Terms of Use govern your access to and utilization of Saily’s services when they are combined with the discovery, marketing, and booking of travel-related activities and experiences (such as tours, attractions, and activities; “Experiences”) provided by independent third parties (“Suppliers”).
Your use of Saily’s services is also subject to the Consumer Terms of Service. If there is any conflict or inconsistency between clauses in the Consumer Terms of Service and these Terms, these Terms will govern and apply.
1. Introduction
1.1. Overview of Terms
Thank you for choosing Saily. Before you begin using the services, please take the time to carefully read these Experiences Terms of Use (“Terms”). These Terms outline the access to and use of:
(i) our software applications (“Software”, as defined below),
(ii) the Saily booking platform (“Platform”), accessible via the Saily mobile application (“App”) and/or website (“Website”, collectively “Channels”), from which you can access a curated selection of Experiences offered by Suppliers.
Together, these elements are collectively called “Service” or “Services”.
Throughout these Terms, "you" refers to any individual or entity accessing or utilizing the Services.
You understand that:
When you book an Experience through the Platform, you are entering into a direct contractual relationship exclusively with the third-party Supplier providing the Experience.
Saily acts solely as a commercial sub-agent. Saily’s role is strictly limited to promoting, marketing, and assisting with bookings of Experiences, for which we may receive a commission from the Supplier.
Saily does not act as the organizer, provider, reseller, landlord, guarantor, or insurer of any Experience listed on the Platform. All obligations related to the Experiences, including but not limited to execution, fulfillment, compliance with applicable laws, and customer service, rest solely with the Supplier.
1.2. Updates to Terms
We reserve the right to amend these Terms from time to time for, including but not limited to the following reasons:
(i) compliance with legal obligations or regulatory directives;
(ii) prevention of misuse or harm;
(iii) clarification of the Terms;
(iv) any other valid reason, including for security or operational efficiency.
It is your responsibility to regularly review these Terms to stay informed of any updates. Where material changes are made that affect your rights or obligations, we will notify you in advance using reasonable means (e.g., via email or in-app notification). Unless stated otherwise, updated Terms take effect immediately upon publication. Continued use of the Services following the effective date constitutes your acceptance of the revised Terms. If you do not agree to the changes, you may terminate your relationship with us at any time by closing your account and discontinuing use of the Services.
PLEASE NOTE: These terms may change periodically. It is your responsibility to review them regularly.
1.3. Binding Agreement
These Terms constitute a legally binding agreement between you (or any individual you represent) and Saily. By accessing and using the Services, you confirm that you have read, understood, and agreed to be bound by these Terms in full and without modification.
1.4. Eligibility
By using the Services, you confirm that you are at least eighteen (18) years old and possess the legal capacity and authority to enter into these Terms. You further affirm that you are legally permitted to access and use the Services in accordance with all applicable laws and regulations.
ACCESS TO OUR SERVICES IS CONDITIONAL UPON YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THEM, PLEASE REFRAIN FROM USING THE SERVICES.
1.5. About Saily
For the purposes of these Terms, “Saily,” “we,” “us,” or “our” refers to Saily Inc., a corporation duly organized under the laws of the State of Delaware, United States of America, with registration number 4419800 and principal business address at 330 N Wabash Ave, Chicago, IL 60611, United States.
1.6. Privacy
For information about how we collect and process your personal data, please read our Privacy Policy.
2. General Terms
2.1. Right to Use the Services
2.1.1. Permitted Use
Saily grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for personal, non-commercial purposes, including making bona fide inquiries and legitimate bookings for Experiences offered through the Platform. The Services that have been selected by you on the Platform are solely for your own use, and not for the use or benefit of any third party, except when you are booking Services for other travellers traveling with you. In such cases, it is your responsibility to ensure that those travellers are made aware of and comply with these Terms. You expressly agree not to use the Services for any speculative, false, misleading, or fraudulent purposes, including but not limited to making repeated bookings and subsequent cancellations without genuine intent to participate in the booked Experience.
Any such behavior, including repeated booking and cancellation patterns deemed abusive, fraudulent, or disruptive, is strictly prohibited and may result in the immediate suspension or termination of your access to the Services, cancellation of your bookings without notice, and potential legal action.
2.1.2. User Representations
By using the Services, you represent, warrant, and agree that:
(i) you are not currently suspended or prohibited from accessing the Services and your use of Saily has not been previously restricted;
(ii) you are not utilizing the Services on behalf of any competitor or for purposes that conflict with Saily’s commercial interests;
(iii) you have obtained all the necessary legal authorization and consents from any other passengers to act on their behalf;
(iv) you possess the full legal authority and capacity to enter into and comply with these Terms, and doing so does not contravene any other binding agreements to which you are a party.
2.1.3. Right to Restrict Access
Saily reserves the right, at its sole discretion and without prior notice, to restrict or deny access to any part of the Services (any of the Channels, Platform, Account, etc.) to any individual at any time and for any reason, including but not limited to, violations of these Terms.
2.1.4. Third-Party Content Disclaimer
While using the Services, you may encounter content, offers, or Experiences provided by third-party Suppliers that may be offensive, inaccurate, objectionable, or otherwise inappropriate. Saily does not endorse, control, or guarantee the accuracy, legality, quality, safety, or suitability of any such third-party material or Experiences.
However, if you have an unpleasant or unsatisfactory experience related to a booking of the Experience made through the Platform, we encourage you to contact us directly. Saily values your feedback and strives to continuously improve the Services to provide the best possible user experience.
2.2. Account Registration & Formation of Agreement with Saily
2.2.1. Formation of Agreement
By accessing and using the Platform, you enter into a free-of-charge agreement (“Agreement”) with Saily for the use of the Platform and related services. This contractual relationship becomes effective upon your first use of the Platform.
2.2.2. Requirements for Access
To view available Experiences and book them, you must:
(i) create a registered user account (“Account”); and
(ii) subscribe to a Data Plan, as outlined in Saily’s Consumer Terms of Service.
Please note that failure to comply with Section 2.2 of Saily’s Consumer Terms of Service may result in limitations or denial of access to Platform and related Services.
2.2.3. Account Registration
Creating an Account requires you to provide accurate, complete, and up-to-date information, including (but not limited to) your name, email address, and billing details. You are responsible for ensuring this information remains current. Your Account is personal and non-transferable.
2.2.4. Account Security & Responsibility
You are solely responsible for all activities conducted under your Account and for maintaining the confidentiality of your Account credentials, including your password. This responsibility extends to any usage by others, whether authorized or unauthorized. To safeguard your Account, do not share your password or reuse it across third-party platforms. You agree to notify us immediately if you suspect unauthorized use or breach of security regarding your Account.
2.2.5. Acceptance of Terms & Policies
During the Account registration, Data Plan subscription, browsing and booking of the Experiences, you will be required to agree to additional terms and policies, including those of third-party suppliers. These terms form an integral part of this Agreement and are binding upon all users of the Services.
2.2.6. Suspension or Termination of Account
Saily reserves the right, at its sole discretion, to suspend or terminate your Account, or restrict your access to all or part of the Services, without prior notice or liability. This may occur for any reason, including but not limited to, misuse of the Platform, Website, App or violation of these Terms. Such termination may result in the loss of access to your Account, and other related information.
2.2.7. Termination by User
You may terminate your Account at any time by contacting us to request closure of your Account and ceasing all use of the Services.
2.2.8. Consumer Rights
If you are a consumer residing in the EU, UK, or other territories, you may have mandatory consumer rights under applicable laws. Nothing in these Terms affects or limits any such statutory rights.
2.2.9. Monitoring
To the extent required by applicable law, regulations, orders from government authorities or to the extent necessary to protect us and other users, we may monitor and, if obliged, disclose information related to your Account data and/or Services used.
2.2.10. Unauthorized Use Disclaimer
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT: (1) NEITHER SAILY NOR ITS AFFILIATES WILL BE LIABLE FOR ANY UNAUTHORIZED BOOKINGS OF THE EXPERIENCES OR USE OF YOUR ACCOUNT OR CREDENTIALS; AND (2) UNAUTHORIZED USE OF YOUR ACCOUNT OR CREDENTIALS MAY RESULT IN LIABILITY ON YOUR PART TOWARDS SAILY AND OTHER USERS.
2.3. Experiences Booking & Formation of Agreement with the Supplier
2.3.1. Role of Saily
Saily operates the Platform to enable you to research, select, and book Experiences offered by third-party Suppliers. Saily is not the provider, travel agency, tour operator, or organizer of any Experience shown on the Platform. Saily acts solely as the sub-agent and only facilitates the conclusion of the agreement between you and the Supplier. We do not become a contractual party to the booking of the Experience.
SAILY IS NOT A PARTY TO ANY CONTRACT BETWEEN YOU AND THE SUPPLIER, NOR DOES IT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE PROVISION, QUALITY, SAFETY, LEGALITY, FITNESS, OR DELIVERY OF THE EXPERIENCES.
2.3.2. Availability of Experiences
Saily reserves the right to modify, limit, or withdraw the availability of Experiences at any time. You may browse, select, and book available Experiences through the Platform, but we are under no obligation to update, maintain, or continue offering specific Experiences, content, features, or services. We may also discontinue or alter our Services without prior notice and without any commitment to their ongoing availability.
2.3.3. How to Book
To book an Experience:
(i) select your chosen Experience's available date;
(ii) select any applicable options for the chosen Experience (including, but not limited to, guide language, time, or ticket duration);
(iii) provide the required contact details for the booking (please note, for certain Experiences, you may be required to provide details for each guest, such as first and last name);
(iv) proceed to checkout by selecting “Checkout,” where you will be prompted to provide the necessary information, including payment details; and
(v) at the end of the checkout process, you submit a legally binding offer to enter into an agreement with the Supplier for the selected Experience (“Experience Agreement”).
Following submission, you will receive an automatic order confirmation on behalf of the Supplier. Please note that this confirmation does not constitute acceptance of your offer.
If you require any additional information about an Experience - information that may influence your decision - it is your responsibility to contact Saily prior to booking the Experience. Once a booking is completed, any cancellations or modifications are subject to the applicable cancellation policies.
2.3.4. Booking Confirmation
The agreement with the Supplier is finalized when you receive a formal booking confirmation issued in the name and on behalf of the Supplier. This may include a voucher or ticket (either digital or downloadable) and a payment confirmation. Saily and the Supplier reserve the right to accept or reject any booking request at their sole discretion.
2.3.5. Supplier Terms & Liability
When you choose an Experience via the Platform, you are making an offer to enter into a binding agreement directly with the Supplier. That means that you will become the party to the Experience Agreements with Suppliers and will be bound by their terms and conditions.
By booking an Experience, you agree to be bound by the relevant Supplier’s terms and conditions, policies, and rules (“Supplier Terms”) which are an integral part of the Experience Agreement. It is your responsibility to familiarize yourself with such Supplier Terms. Should there be any conflict between the Supplier Terms and these Terms concerning your relationship with Saily, these Terms will prevail.
Your engagement with Suppliers is entirely at your own risk. Saily bears no responsibility or liability for any actions, omissions, errors, warranties, representations, breaches, or negligence on the part of Suppliers. This includes, without limitation, any personal injury, death, property damage, or other losses or expenses resulting from your interaction with a Supplier and their provision of Experience.
2.3.6. Disclaimer of Affiliation
Saily is not a travel agency and does not own, control, or operate any Experiences. While we provide the Platform to display information and assist with the bookings, this does not imply endorsement, partnership, or sponsorship of any Supplier.
User-generated ratings and reviews are personal opinions and do not constitute recommendations by Saily.
3. Pricing & Payments
3.1. Price Quotation
Prices for each Experience are typically quoted on a per-person basis, unless otherwise stated. Price quotes are based on the local tariff at the time of the booking and are converted using the prevailing exchange rate determined by Saily.
3.2. Price Inclusions & Exclusions
Taxes and Fees: Prices may not include any local taxes or usage fees, which may encompass departure taxes, security fees, port charges, park entrance fees, “pillow” taxes, customs duties, immigration fees, passenger facility charges, or international transportation taxes. In all cases, you will be notified of any additional costs in the Experience description.
Other Exclusions: Prices also do not cover tips or gratuities, passport and visa fees, baggage and personal insurance, personal items, taxes or duties, or food and beverages that are not explicitly stated as included by the Supplier.
3.3. Currency Conversion
If Saily provides a currency converter, the rates are based on publicly available sources and should only be used as a guideline. Rates are not guaranteed to be accurate, as they may not update daily. Saily will not be held responsible for discrepancies resulting from fluctuations in currency exchange rates.
3.4. Payment Process
Pre-payment: All Experiences are booked on a pre-purchase basis. Full payment is required to confirm a booking.
Payment Method: You will need to provide your payment details, and Saily will process your payment as a billing sub-agent for the Supplier.
3.5. Additional Fees & Charges
The value of your booking may be subject to additional fees, such as foreign transaction, currency exchange, and other related charges. Your bank or card company may convert the payment into local currency and may apply extra fees.
If you have questions regarding these charges, we recommend contacting your bank or card provider for more details.
3.6. Authorization & Accuracy
By providing payment information, you confirm that:
(i) You are authorized to use the payment method provided.
(ii) The payment details you’ve provided are accurate and truthful.
(iii) You authorize Saily to charge your payment method for the Experiences you book.
You can view your booking history through your Saily’s Account.
3.7. Invoicing
The issuance of invoices is the sole responsibility of the relevant Supplier conducted through designated electronic means.
3.8. Invoice Requests
If you require an invoice for your booking, please contact us at [email protected]. The processing time will depend on the policies and procedures of the Supplier.
3.9. Fraud Protection
Saily reserves the right to verify credit or debit card payments before finalizing your purchase.
4. Changes & Cancellations Policy
4.1. No Changes or Cancellations After Booking
You may cancel the Experience only in accordance with the cancellation policies outlined in the Supplier Terms, as detailed in the Experience description on the Platform.
4.2. Responsibility for Meeting Place & Time
It is your responsibility to arrive at the designated meeting location for the Experience at the scheduled time and date communicated to you, unless the Supplier Terms or the relevant Experience information specifies a pickup option. For certain Experiences, the exact location details will be provided once the Supplier confirms your booking. Please ensure you carefully review any communication you receive from the Supplier. If you fail to arrive at the meeting point on time, the Supplier may offer an alternative, but they are under no obligation to do so. In the absence of such accommodation, your booking will be considered a "no-show," and no refund or rebooking will be provided.
4.3. Exclusion of the 14-Day Withdrawal Period
Given the character and nature of the Experiences, you shall not have the right to withdraw from the Agreement within a 14-day period after its conclusion, or at any time thereafter, even if you are a consumer residing in an EU member state. The directive 2011/83/EU on consumer rights granting the right to withdraw from the contract to consumers is not applicable to the Agreement under the exception provided by the Art. 16 (l) of the directive 2011/83/EU on consumer rights.
4.4. Standard Cancellation Policy
Unless otherwise specified in the description of the Experience on the Platform, in the Supplier Terms, or on the Experience voucher/ticket, the following cancellation conditions will apply:
(i) For cancellations made more than 24 hours before the start of the Experience: a full refund of the booking price;
(ii) For cancellations made 24 hours or less before the start of the Experience, or in the case of a no-show: no refund will be issued.
PLEASE NOTE: Some Experiences may have different cancellation policies, so it is important to review the specific cancellation terms in the Experience description when booking.
In case of any discrepancy between these Terms and the Supplier Terms, Experience card, or voucher/ticket, the latter will prevail.
To request a cancellation, please contact our support team directly via [email protected] or through chat via Saily App. Please note that some Experiences may not allow free cancellations or may apply cancellation fees, depending on the Supplier's policy.
4.5. Non-Refundable "Sale" and Special Offers
Any Experience marked as 'Sale' or with similar messaging is non-refundable. Once booked, it cannot be changed or cancelled.
4.6. Change Requests and Modifications
Modifications to bookings (such as changes to date, time, or guest details) are not available. If you need to make a change, the only option is to cancel your booking, subject to the specific cancellation policy of the Experience. Each Experience has its own cancellation terms, which are clearly outlined in the description of the Experience on the Platform. You must cancel the Experience before the applicable refund deadline, even if you are contacting the Supplier directly and waiting for a response.
Please note that once you cancel, the same Experience may no longer be available for rebooking, as it could be fully booked, unavailable, or discontinued for other reasons.
4.7. Promotional Codes and Discounts
If you use a promotion code or accept a special offer at checkout, be aware that any modification requests made after booking may invalidate the discount or promotional pricing.
4.8. No Refunds After Commencement
No refunds will be issued once an Experience has begun, under any circumstances.
4.9. Supplier Changes to the Experience
Occasionally, the Supplier may make changes to an Experience after your booking, including modifications to dates, times, prices, inclusions, or other important details. If the changes are significant (for example, a date change), and you are not satisfied with the alternative offered, you are entitled to a full refund of the original booking price.
4.10. Withdrawal of Services & Overriding the Cancellation Policy
Saily reserves the right to withdraw services and override the cancellation policy of an Experience when necessary, for the protection of all parties involved. This may result in the cancellation of your booking, and a refund (either partial or full) may be issued at our sole discretion. In such cases, neither Saily nor the Supplier will be held liable for cancellations or refunds.
5. Proof of Identity & Validation for Experiences
5.1. Travel Document Responsibility
When booking an Experience, it is your responsibility to ensure that you meet all the entry requirements for your destination, including having valid travel documents such as passports and visas.
5.2. Passport & Visa Compliance
It is your responsibility to consult the relevant embassy or consulate for the most accurate and up-to-date information regarding passport and visa requirements for the location of your Experience. As these requirements may change without prior notice, you are advised to verify the necessary details both prior to making your booking and before starting your Experience. Saily accepts no liability for any individual who is denied entry to any country, region, location, area, or transportation (including transit countries) while en route to or during the Experience.
5.3. Health & Visa Considerations
As health and visa entry requirements are subject to modification, we strongly advise you to consult the relevant authorities and consulates prior to departure. It is also your responsibility to check with your healthcare provider for any required vaccinations or medical advice before engaging in your Experience and to ensure compliance with all health-related entry requirements for your trip.
5.4. Travel Insurance Recommendation
Saily highly recommends purchasing comprehensive travel insurance prior to embarking on your Experience. Such coverage may assist in reimbursing you for cancellation fees or other related expenses in the event of trip alterations or cancellations. Please carefully review the terms and conditions of your travel insurance policy to ensure it aligns with your needs.
5.5. Risk Assessment
WHILE MOST TRAVEL EXPERIENCES ARE COMPLETED WITHOUT INCIDENT, SOME DESTINATIONS MAY CARRY HEIGHTENED RISKS. We advise customers to investigate up-to-date travel warnings, advisories, and prohibitions issued by official government sources before booking an Experience. Relevant information regarding safety and risks associated with travel to certain destinations can be found on authoritative government websites such as https://consular-protection.ec.europa.eu/travel-advice_en, www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac, and www.customs.gov.
SAILY DOES NOT GUARANTEE THE SAFETY OR ADVISABILITY OF ANY DESTINATION IN RELATION TO YOUR EXPERIENCE. Saily shall not be liable for any damages, losses, or incidents that may arise due to travel to destinations that involve elevated risks or unforeseen circumstances.
6. Your Obligations
6.1. General Use of Services
By accessing and using the Services, you agree to comply with these Terms and acknowledge that you are responsible for all activities conducted under your Account.
6.2. Proprietary Rights and Restrictions
The content and information provided on the Channels (including but not limited to messages, data, information, text, music, sound, photos, graphics, videos, maps, icons, software, and other materials - collectively referred to as "Channels Features"), Platform and the infrastructure enabling access to such features, are owned by us or our partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the aforementioned content, or any products or services obtained through the Channels and Platform without our prior written consent. Any unauthorized use of the Channels Features requires prior written approval from Saily.
6.3. Prohibited Activities
You agree not to engage in, or assist others in engaging in, any activities that:
6.3.1. Use the Services or Channels Features for unlawful, commercial, or harmful purposes, including but not limited to harassment, defamation, or promotion of discrimination or hate speech.
6.3.2. Access, copy, scrape, or retrieve content from the Channels and Platform using automated means (e.g., robots, spiders, or scrapers) without our express written permission, or circumvent any access restrictions in place.
6.3.3. Create excessive traffic demands, overload the infrastructure, or interfere with the proper functioning of the Channels and the Platform.
6.3.4. Engage in unauthorized practices such as deep-linking, framing, or mirroring any part of the Channels and Platform without prior written consent.
6.3.5. Attempt to modify, reverse-engineer, decompile, or disassemble any Software provided through the Services.
6.3.6. Transmit malicious software (e.g., viruses, worms, Trojan horses) or attempt to hack, gain unauthorized access, or disrupt the security of the Channels, Platform or any connected systems.
6.3.7. Submit or transmit spam, chain letters, mass emails, or engage in any form of mass messaging, whether commercial or not.
6.3.8. Solicit personal information from minors, or engage in activities that may harm or threaten any individual, including minors.
6.3.9. Violate any third-party rights, including intellectual property, privacy, or proprietary rights, or promote content that violates laws or regulations.
7. Termination
7.1. Termination by Saily
7.1.1. Termination of the Agreement. We may terminate the Agreement with you and suspend your access to the Services:
(i) if required to do so by law;
(ii) if you are reasonably suspected by Saily of conducting criminal or illegal activities while using the Services; or
(iii) if Saily, in its absolute discretion, determines that you have committed a material breach of these Terms.
7.1.2. Cancellation of the Experience. Saily is entitled to cancel the booking if we are not able to assist with the Experiences for reasons outside of our influence, for example if:
i) your payment was deemed fraudulent;
ii) the price changed for reasons we are not responsible for, e.g. unexpected price change by the Supplier;
iii) the Experience you booked was sold out;
iv) we were unable to book the Experience due to a technical issue on the side of the Supplier;
v) some of the information you provided to us was invalid or missing and therefore it was not possible to finish the booking with the Supplier.
7.2. Termination by You
7.2.1. Notification. You have the right to terminate this Agreement at any time by notifying us as outlined in Section 7.3.
7.2.2. Termination of the Agreement Prior to Experience Commencement. If you choose to terminate this Agreement before the commencement of a purchased Experience, please note that the Services provided under these Terms will no longer be available to you. However, you retain the right to participate in the Experience based on the information and communication provided by the Supplier, as your Experience Agreement with the Supplier remains in effect. Should you decide to reinstate your Agreement with Saily, you may do so by following the procedures outlined in Section 2.2.
7.2.3. Termination Due to Actions Attributable to Saily and/or the Supplier. If you wish to terminate this Agreement and the related Experience Agreement before the commencement of a purchased Experience due to a material change in the conditions of the Experience, or if the Experience becomes impossible to utilize due to reasons attributable to Saily and/or the Supplier, you may be entitled to a full or partial refund of the Experience price. Each case will be assessed individually, and the eligibility for any refund will depend on the specific circumstances. The evaluation and processing of your refund request may take up to five (5) business days.
7.2.4. Termination Due to Personal Reasons. If you choose to terminate this Agreement and Experience Agreement before the commencement of a purchased Experience for reasons unrelated to Saily or the Supplier, your eligibility for a refund will be subject to the applicable Experience cancellation policy. In such cases, termination may not entitle you to a refund or any payment.
7.3. Termination Process
To initiate termination, please email us at [email protected] from the email address associated with your Account. The termination process will begin after we verify your Account.
8. Indemnification
8.1. Indemnity Obligation
You agree to indemnify, defend, and hold harmless Saily, its agents, partners, and affiliates from and against any and all damages, losses, costs, expenses, and liabilities (including reasonable legal fees) arising from:
8.1.1. Your intentional or negligent misrepresentation, action, or omission in connection with your use of the Services;
8.1.2. Your intentional or negligent failure to comply with these Terms; or
8.1.3. Claims brought by third parties related to or arising from your access to or use of the Services in a manner that intentionally or negligently violates these Terms.
9. Liability
9.1. Warranty Disclaimer
To the fullest extent permitted by applicable law, and except as expressly set forth herein, Saily makes no representations or warranties, express or implied, statutory or otherwise, regarding the Experiences and any services or functionalities provided through the Services. This includes any implied warranties of merchantability or fitness for a particular purpose, as well as any implied warranties arising from the course of dealing, performance, or usage of trade. The Services and related parts as Channels, Platform, etc. is provided “as is,” without warranty of any kind, either express or implied. Saily does not warrant that (i) the Platform, Channels and other parts of the Services will meet your requirements or that its performance will be uninterrupted, virus-free, secure, or error-free, or (ii) the content on the Platform will be complete, accurate, or free from technical defects or unauthorized changes by third parties. Saily is not responsible for the accuracy or completeness of Supplier-provided data.
9.2. Experiences-Related Liabilities
9.2.1. Injury Incidents
You acknowledge and understand that the Experiences are provided by independent Suppliers, not by Saily. Suppliers are independent third-party entities and not under Saily's control. In the event of an injury, death, or any loss sustained by you or a co-traveller during or in connection with an Experience (“Injury Incident”), you agree to seek compensation directly from the Supplier providing the Experience, not from Saily or its affiliates, subsidiaries, or their respective officers, directors, employees, or agents ("Saily Parties").
9.2.2. Release
You, on behalf of yourself and any co-travellers, hereby release the Saily Parties from any and all claims, demands, causes of action, obligations, damages, liabilities, costs, and expenses (including, but not limited to, attorney’s fees), whether known, suspected, or claimed, arising out of or in connection with any Injury Incident. This release applies to claims you have now, or may have in the future.
9.2.3. Unknown Claims
You acknowledge and agree that under California Civil Code section 1542 (or similar statutes in other jurisdictions), a general release does not extend to claims that the releasing party does not know or suspect to exist at the time of executing the release, which, if known, would have materially affected their settlement. You expressly waive any rights under section 1542 and acknowledge this waiver as a material term of these Terms.
9.2.4. Covenant Not to Sue
You agree never to bring, or permit to be brought, any legal action (including arbitration) against any Saily Party in connection with an Injury Incident. If any such action is commenced, these Terms will serve as a complete defense.
9.2.5. Third-Party Beneficiaries
The Saily Parties are expressly named as third-party beneficiaries of this section and have the right to enforce its terms.
9.3. Liability Limitations
9.3.1. Waivers
To the fullest extent permitted by applicable law, Saily will not be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages, including but not limited to loss of data, lost profits, or the costs of procuring substitute goods or services, regardless of the theory of liability (whether in contract, tort, negligence, or strict liability). This applies even if Saily was advised of the possibility of such damages, and even if a remedy’s essential purpose fails.
9.3.2. Maximum Liability
To the fullest extent permitted by law, if Saily is found liable for any loss or damage arising from or related to these Terms (including your use of Saily’s services, your participation or non-participation in an Experience, or an Injury Incident), Saily’s liability shall not exceed, in the aggregate, the greater of (a) the sum paid to Saily for the booking giving rise to the claim, or (b) one hundred dollars (US $100.00).
9.3.3. Allocation of Risk
Both parties acknowledge and agree that the liability provisions set forth in this section represent a reasonable allocation of risk. Saily would not have entered into this Agreement without these provisions. In no event shall Saily be liable for any acts or omissions of any Supplier.
10. Third-Party Components
10.1. Hyperlinks to Third-Party Sites
The Channels may contain hyperlinks to websites operated by parties other than Saily (“Third-Party Sites”). These hyperlinks are provided solely for your reference and convenience. The presence of such links does not imply any endorsement by Saily of the content or material on the Third-Party Sites, nor does it signify any association with the operators of those sites.
10.2. No Control or Responsibility for Third-Party Sites
Saily does not control and is not responsible for the content, accuracy, or availability of any Third-Party Sites, nor for the privacy practices or other actions of the parties who own or operate those sites.
10.3. Responsibility for Viruses
It is your responsibility to ensure that any hyperlinks you select or software you download, whether from the Channels or from Third-Party Sites (including Software), are free of viruses or other harmful components. Saily is not liable for any damages resulting from downloading or interacting with such content.
10.4. Linking Your Profile to Third-Party Sites
In certain cases, you may be prompted on a Third-Party Site to link your Saily profile to a profile on that Third-Party Site. Such linking is entirely optional. If you choose to link your profiles and later wish to disconnect them, you should contact the operator of the Third-Party Site directly.
11. Governing Law and Dispute Resolution
11.1. Jurisdiction
These Terms shall be governed by, and construed in accordance with, the laws of the state of Delaware, without reference to its choice of law rules. However, some countries (including those in the European Union) have laws that require contracts to be governed by the mandatory provisions of local laws in the consumer’s country. In such cases, the mandatory provisions of the local laws of your country of residence shall apply.
11.2. Judicial Resolution of Disputes
Before filing a claim against Saily, we encourage you to try to resolve the dispute informally by sending us a written notice of dispute to [email protected], including your name, a detailed description of the dispute, and the relief you are seeking. We will attempt to resolve the dispute informally by contacting you via email. If the dispute remains unresolved, either you or Saily may bring a formal proceeding. You and Saily agree that any judicial proceedings related to these Terms shall be brought in the courts of the State of Delaware. However, if you reside in a country (including countries within the European Union) where local laws provide consumers the right to bring disputes in local courts, then the mandatory provisions of the local laws of your country of residence will apply. We always strive to address your concerns without the need for formal legal proceedings.
12. MISCELLANEOUS
12.1. Severability
If any provision of these Terms is determined to be invalid, unenforceable, or illegal by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it enforceable, reflecting the parties' intent as closely as possible.
12.2. Assignment
You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without the prior written consent of Saily. Saily may assign, transfer, or sublicense these Terms, in whole or in part, without restriction.
12.3. Non-Waiver
Failure by Saily to enforce any provision of these Terms shall not be construed as a waiver of any right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Saily.
12.4. No Agency or Partnership
You acknowledge and agree that these Terms and your use of the Services do not create a joint venture, agency, partnership, or employment relationship between you and Saily or any of the Saily Parties.
12.5. Export & Sanctions Compliance
Saily may be subject to the United States (U.S.), United Kingdom, and European Union export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce.
You warrant that you are (i) not located in any country to which the U.S., the European Union, the United Kingdom or other relevant jurisdiction has embargoed goods or has otherwise applied any economic sanctions, which would forbid or limit the use, import, export, sale of, or payment for the Services; and (ii) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in relevant jurisdictions or otherwise listed on any list of prohibited or restricted parties as administered by the Office of Foreign Asset Control of the U.S. Department of the Treasury (“OFAC”), the U.S. Department of State, the United Nations Security Council, the European Union, Her Majesty’s Treasury of the United Kingdom, or other relevant sanctions authority (“Sanctions Authorities”).
You agree to comply with all applicable export and re-export control laws and regulations, including without limitation the EAR and trade and economic sanctions maintained by OFAC as it may be applicable to you. Specifically, you agree not to - directly or indirectly - use, sell, export, reexport, transfer, divert, release, or otherwise dispose of any Saily Services, including products, software, or technology (notwithstanding products derived from or based on such technology) received from under these Terms to any destination, entity, or person or for any end-use prohibited by the applicable export control laws, trade and economic sanctions maintained by Sanctions Authorities or any applicable laws or regulations without obtaining any required prior authorization from the competent government authorities as required by those laws and regulations.
12.6. Prevailing Language
For all purposes, the English language version of these Terms shall be the original, governing instrument and understanding between you and us. In the event of any conflict between this English language version and any translated version, the English version shall govern and control.
12.7. Force Majeure
Saily shall not be held liable for any delay or failure to perform any obligations under these Terms if such delay or failure results from unforeseen circumstances, events, or causes beyond Saily’s reasonable control (including, without limitation, failures of third-party software, telecommunications or internet service providers, natural disasters, labor disputes, and acts of government authorities). In such cases, Saily shall be entitled to a reasonable extension of the time for performing any such obligations under these Terms.
12.8. No Reliance
The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
CONTACT US
You can reach our team 24/7, 365 days a year. Just contact us through one of our communication channels:
Email: [email protected]
Chatbot: through Saily App (while logged-in).