Saily Terms of Service

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. Please review the relevant terms based on your user status.

CONSUMER TERMS OF SERVICE

Last updated: 2024-09-30

INTRODUCTION
1. 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) or the website (“Website”) 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.
2. 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). 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.
3. 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.
4. 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.
5. 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.
6. Saily. For the purpose of the Terms, “Saily”, “we”, “us”, or “our” means peakstar technologies Inc., a corporation organized under the laws of the State of Delaware, United States of America, under registration number 7600176, registered address 16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex, United States of America.
7. Privacy. For information about how we collect and process your personal data, please read our Privacy Policy.
GENERAL TERMS
1. Sign-Up Process
  1. You can sign up for Services on our Website or through the Saily App.
  2. 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.
  3. 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.
  4. 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.
2. Services Purchase and Activation
  1. 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.
  2. Before purchase of the Services, you must have an unlocked, eSIM-compatible device – an exemplary list of compatible devices is provided.
  3. 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.
  4. To activate the Services, users must first download the eSIM and then activate the associated Data Plan. Both processes require a stable internet connection. Please be aware that you will be charged upon the purchase of a Data Plan.
3. Refund policy
  1. 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.
  2. 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:
    1. The Data Plan has been activated, but the data remains generally unused (>99% of the Data Plan left), and/or
    2. 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.
  3. Refund Restrictions. Saily reserves the right to refuse any form of refund if there is evidence of abuse (e. g. repetitive refund requests), violation of our Terms, or any fraudulent activity related to usage of Services. Additionally, 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.
  4. 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.
  5. 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.
  6. 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.
4. Provision of Services
  1. The Services to you 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”).
  2. The Services will initiate promptly upon the successful download of the eSIM and activation of the associated Data Plan.
  3. The Services duration corresponds to the terms outlined in the purchased Data Plan.
  4. 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.
  5. Each session of data usage which you undertake will be rounded up to the nearest kilobyte.
  6. 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.
  7. In case of a fault, upon awareness or notification by you, we will make reasonable efforts to promptly correct the issue.
  8. 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.
  9. 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") .
    1. 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.
    2. 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.
    3. Daily Full-Speed Data Allocation. Each user on the Unlimited Plan is allocated 1 GB of full-speed data per 24 hour period. Once the allocated 1 GB of full-speed data is consumed within a given 24-hour period, data speeds will be reduced to 512 kbps for the remainder of that period. After the initial 24-hour period ends, a new 1 GB of full-speed data will be allocated for the following 24-hour cycle.
    4. Prohibited Activities. Users are strictly prohibited from using the Unlimited Plan for any of the following:
      1. Bulk machine-to-machine data applications;
      2. Continuous streaming of content intended to replace a fixed-line internet connection;
      3. Any activities that negatively impact the performance of Saily’s or its Technology Partner’s network or degrade the experience of other Saily users;
      4. Excessive tethering or sharing of data via hotspot with multiple devices or users beyond occasional personal use.
    5. Network and Usage Monitoring. Saily reserves the right to monitor data usage patterns and to regulate or limit excessive/abnormal use.
    6. 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.
    7. 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.
    8. 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.
5. Roaming
  1. 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.
6. Suspension
  1. 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.
  2. We reserve the right to suspend the Services without notice if:
    1. You breach usage conditions or notified policies described in Terms.
    2. Pending investigation following a complaint against you.
    3. You fail to provide necessary information for regulatory compliance.
    4. We suspect fraudulent or unlawful access to Services.
    5. Compliance with government, regulatory, or emergency services orders is required.
    6. There is a need to prevent network damage caused by you or your Account.
    7. Operational, emergency, or security reasons necessitate suspension.
7. Monitoring
  1. 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.
8. Your obligations
  1. You agree to use the Services in accordance with these Terms and acknowledge your responsibility for all Services usage.
  2. You are responsible for configuring your device to properly utilize the Services, adhering to regulations and instructions from us or the device supplier.
  3. You must:
    1. Avoid using the Services for fraudulent, unlawful, or abusive communication;
    2. Refrain from using the Services for criminal or unlawful activities;
    3. Act in a manner that does not affect the operation of our networks;
    4. Refrain from sending or uploading content that infringes third-party intellectual property rights;
    5. Use the Services for personal use only, refraining from commercial dealings;
    6. Utilize the Services in accordance with the Terms;
    7. Comply with applicable laws and regulations in your home country or the country of residence or presence;
    8. Provide proof of identity, if requested.
  4. 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.
  5. 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.
9. Lost or Stolen Device
  1. 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.
10. Content
  1. 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
1. 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.
2. 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
1. Services are provided on a pre-purchase basis.
2. 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.
3. 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.
4. 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.
5. The issuance and delivery of invoices are the sole responsibility of the Services provider – our Technology Partner, conducted through the designated electronic means.
6. Users requesting invoices for acquired Services are required to contact the Technology Partner 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.
7. 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.
8. Fraud Protection. Saily reserves the right to verify credit/debit card payments prior to completing your purchase.
9. Free Trials. We or our partners may offer a free trial for our paid Services before charging your payment method (“Free Trial”).
  1. 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.
  2. 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.
10. If you have any questions related to payments, please contact us at [email protected].
TERMINATION
1. By us:
  1. 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.
2. By you:
  1. You can terminate the Services at any time by notifying us as per clause 5.2.3.
  2. 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.
  3. To terminate, email us at [email protected] from the email address associated with your Account – termination process will be initiated subject to Account verification.
3. Upon depletion or expiration of the Data Plan purchased, further Services usage is restricted until a new Data Plan is purchased.
DISCLAIMER OF WARRANTIES
1. 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
1. 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.
2. 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.
3. 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
1. 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
1. 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, 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.
2. 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.
3. 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.
4. 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.
5. 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
1. 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.
2. 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
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 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.
2. 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.
3. 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.
4. 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
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. Third-Party Components. You acknowledge that Services, Software, 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. No Reliance. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
CONTACT US
1. You can reach our team 24/7, 365 days a year. Just contact us through one of our communication channels:
  1. Email: [email protected]
  2. Chatbot: through Saily App (while logged-in).

BUSINESS TERMS OF SERVICE

Last updated: 2024-09-11

INTRODUCTION
1. 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) or website (“Website”) 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”).
2. 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). 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.
3. 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.
4. 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.
5. 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.
  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.
6. Saily. For the purpose of the Terms, “Saily”, “we”, “us”, or “our” means peakstar technologies Inc., a corporation organized under the laws of the State of Delaware, United States of America, under registration number 7600176, registered address 16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex, United States of America.
7. Privacy. For information about how we collect and process personal data, please read our Privacy Policy.
SERVICES
1. Order Process & Account creation
  1. Customer can order Services on our Website, through the Saily App or through designated sales channels.
  2. 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.
  3. 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.
  4. 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.
2. Service Purchase and Activation
  1. We reserve the right to limit plan availability to specific countries.
  2. Before ordering and activating the Data plan, ensure that the device is unlocked and eSIM-compatible – an exemplary list of compatible devices is provided.
  3. 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.
  4. 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.
3. Refund policy
  1. 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.
  2. Refund for Activated Data Plans with Unused or Minimally Used Data. If the eSIM has been installed and the Data plan has activated the, 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.
  3. Refund Restrictions. Saily reserves the right to refuse any form of refund if there is evidence of abuse (e. g. repetitive refund requests), violation of our Terms, or any fraudulent activity related to usage of Services.
    Additionally, 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.
  4. 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.
  5. 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.
  6. 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.
4. Provision of Services
  1. 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”).
  2. The Services will initiate promptly upon the successful download of the eSIM and activation of the associated Data plan.
  3. The Service duration corresponds to the terms outlined in the activated Data plan.
  4. 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.
  5. Each session of data usage which End-user undertakes will be rounded up to the nearest kilobyte.
  6. 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.
  7. In case of a fault, upon awareness or notification by Customer, we will make reasonable efforts to promptly correct the issue.
  8. We reserve the right to select network operators and technology partners in the best interest of our business requirements.
  9. 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.
5. Roaming
  1. 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.
6. Suspension
  1. 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.
  2. We reserve the right to suspend the Service without notice if:
    1. Customer or any of its End-user breach usage conditions or notified policies described in Terms.
    2. Pending investigation following a complaint against Customer or any of its End-users.
    3. Customer fails to provide necessary information for regulatory compliance.
    4. We suspect fraudulent or unlawful access to Services.
    5. Compliance with government, regulatory, or emergency services orders is required.
    6. There is a need to prevent network damage caused by Customer, its End-users, or any of Customer Accounts.
    7. Operational, emergency, or security reasons necessitate suspension.
7. Monitoring
  1. 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.
8. Customer’s obligations
  1. 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.
  2. Customer and any of its End-users must:
    1. Avoid using the Services for fraudulent, unlawful, or abusive communication;
    2. Refrain from using the Service for criminal or unlawful activities;
    3. Act in a manner that does not affect the operation of our networks;
    4. Refrain from sending or uploading content that infringes third-party intellectual property rights;
    5. Utilize the Service in accordance with the Terms;
    6. Comply with applicable laws and regulations in Customer’s and its End-users’ home country or the country of residence or presence;
    7. Provide proof of representation or identity upon request.
  3. 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.
  4. 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.
9. Lost or Stolen Device
  1. 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.
10. Content
  1. 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
1. 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.
2. 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
1. CUSTOMER ACKNOWLEDGES THAT CUSTOMER AND ITS END USERS MAY LOSE ACCESS TO SERVICES IN THE EVENT THAT CUSTOMER FAILS TO PROVIDE TIMELY PAYMENT.
2. 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.
3. Payment Methods. Apart from selecting the service duration and desired amount, the Customer also chooses the payment method when signing up for the Services.
4. 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.
5. The issuance of invoices are the sole responsibility of the Services provider – our Technology Partner, conducted through the designated electronic means.
6. If Customer has any questions related to invoices, please contact us at [email protected].
7. Fraud Protection. If applicable, Saily reserves the right to verify credit/debit card payments prior to completing purchase.
8. Free Trials. We or our partners may offer a free trial for our paid Services before charging Customer’s payment method (“Free Trial”).
  1. 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.
  2. 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.
9. If Customer has any questions related to payments, please contact us at [email protected].
10. 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
1. 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.
2. 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.
3. 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.
4. Upon depletion or expiration of the Data plan purchased, further Service usage is restricted until a new Data plan is activated.
DISCLAIMER OF WARRANTIES
1. 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
1. 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.
2. 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.
3. 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
1. 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
1. 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, or revisions), and any accompanying documentation, provided by us to Customer and its End-users for their use of the Services.
2. 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.
3. 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.
4. 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.
5. 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
1. 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
2. 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
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.
2. 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.
3. 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
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. Third-Party Components. Customer acknowledges that Services, Software, 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. No Reliance. Customer and Saily acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
CONTACT US
1. Customer can reach our team 24/7, 365 days a year. Just contact us through one of our communication channels:
  1. Email: [email protected]
  2. Chatbot: through Saily App (while logged-in).