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Terms of Service

Last updated: May 16th 2025

1. DEFINITIONS

“Gitsim”, “we”, “our” means T-APPS B.V., a private company with limited liability incorporated under Dutch law, registered with the Dutch Chamber of Commerce under number 88586480, having its registered office at Koningin Wilhelminaplein 1, 1062 HG Amsterdam.

“Services” means (i) the sale, activation and recharge of prepaid data bundles delivered through remote-provisioned eSIM profiles (“eSIM(s)”) and (ii) ancillary features such as worldwide free IP-based text messaging through the Gitsim application (the “App”) and www.gitsim.com (the “Site”).

“Customer”, “you” means any natural person acting primarily outside the scope of a trade, business or profession who purchases or uses the Services.

Other capitalised terms have the meaning given where first used.

2. SCOPE & CONTRACT FORMATION

2.1 Legal Agreement. By clicking “I agree”, creating an account, downloading an eSIM or otherwise using the Services, you enter into a binding agreement with Gitsim consisting of these Terms, the Privacy Policy, and any tariff or promotion rules (together, the “Agreement”).

2.2 Age & Authority. You confirm that you are (a) at least 18 years old and (b) legally competent to conclude this Agreement.

2.3 Priority. In the event of conflict between translations, the English text prevails.

3. REGISTRATION & ACCOUNT SECURITY

3.1 Accurate information must be provided and kept up-to-date.

3.2 You are solely responsible for all activity under your credentials, authorised or not. Notify us immediately of unauthorised use. We may assume that anyone using your credentials does so with your authority.

4. SERVICE DESCRIPTION

4.1 Gitsim supplies remote eSIM profiles redeemable on unlocked, eSIM-capable devices (see compatibility list on the Site; not exhaustive).

4.2 Messaging is provided on a best-effort basis, may be IP-blocked in certain jurisdictions, and is subject to Section 5 (Fair Use).

4.3 We do not guarantee coverage, speed, latency, freedom from packet filtering, or uninterrupted availability. Networks are supplied by third-party carriers and may be changed without notice.

5. FAIR USE POLICY & PROHIBITED ACTIVITY

5.1 Data bundles are for personal, occasional roaming use only, not permanent substitute for fixed connections or commercial resale.

5.2 You must not:

  • (a) exceed 5 GB of full-speed data in any rolling 24 h period (after which we may throttle to 128 kbit/s or suspend);
  • (b) tether to more than one external device at a time;
  • (c) run servers, bulk messaging, machine-to-machine traffic or cryptocurrency mining;
  • (d) violate law, breach intellectual-property rights, hack, reverse-engineer, or misuse the Services.
  • (e) send unsolicited bulk or commercial communications, spam, chain letters or phishing;
  • (f) copy, scrape, spider, crawl, frame or mirror any part of the Site/App or any user data;
  • (g) translate, decompile, reverse-engineer, disassemble or otherwise try to derive source code;
  • (h) upload or distribute malware, spyware, exploits or any code that could impair the Services;
  • (i) impersonate any person or misrepresent affiliation, or collect personal data without right;
  • (j) post or transmit unlawful, defamatory, obscene, hateful or infringing content; |
  • (k) attempt to probe, scan or test the vulnerability of any network or to breach security measures.

5.3 Breach permits immediate suspension or termination (Sec 11) without refund.

6. PRICES, PAYMENT & TAX

6.1 Prices are shown in euro (€) or US dollar and include Dutch BTW unless stated otherwise.

6.2 Local taxes, governmental levies or carrier surcharges for the destination country may be added at checkout.

6.3 You bear all currency-conversion, foreign-exchange and cross-border fees charged by your card-issuer or bank.

6.4 Payment-Service-Provider (PSP). All card and wallet transactions are processed by independent PSPs (e.g. Stripe, PayPal). You enter into a separate agreement with the PSP and accept its terms. Gitsim is not party to, and disclaims all liability arising out of, the PSP agreement or the PSP's acts or omissions.

6.5 Payment must be received in full before an eSIM is issued. You authorise the PSP to re-attempt failed charges.

7. RIGHT OF WITHDRAWAL / REFUND

7.1 Digital content exemption. By purchasing an eSIM you request immediate performance, acknowledge supply of digital content not supplied on a tangible medium and expressly waive the 14-day EU withdrawal right (Art 16(m) Consumer Rights Directive).

7.2 Non-activation refund. If you have not installed or scanned the eSIM QR code, you may request a refund within 14 days of purchase; we may deduct processing fees.

7.3 Technical-Fault Refund (30 days). If you activate the eSIM but cannot obtain data service, you must notify Gitsim within 30 days of purchase and cooperate with troubleshooting. If the problem is not resolved within 10 days after you supply the requested diagnostics, we will refund the price paid for the affected bundle.

7.4 180-Day Good-Faith Money-Back Guarantee.

  • (a) Gitsim offers a one-time, 180-day guarantee on each first-time eSIM purchase (“Guarantee Period”).
  • (b) Eligibility – applies only where (i) the eSIM has not been downloaded or (ii) activation failed despite good-faith attempts and cooperation with our support.
  • (c) Exclusions – the guarantee lapses irrevocably once any data session is logged or the profile is downloaded, or where failure is due to device incompatibility, local blocks, wrong installation or your breach.
  • (d) Procedure – claim by e-mail to support@help.gitsim.com within the Guarantee Period with order ID and evidence. Verified refunds are processed to the original payment method within 30 days; non-recoverable PSP / FX fees may be deducted.
  • (e) Symbolic nature – this goodwill guarantee is additional and does not revive statutory withdrawal rights waived in 7.1. We may discontinue the scheme prospectively at any time.

7.5 We may grant further goodwill refunds at our discretion; such gestures do not waive this Section.

8. DEVICE & SOFTWARE

8.1 You are responsible for ensuring compatibility and unlocking. An eSIM deleted from a device cannot be re-downloaded.

8.2 The App and Site are licensed, not sold, on an "as is" basis. We may push automatic updates that change functionality.

9. PRIVACY

9.1 Processing of personal data is governed by our Privacy Policy (see Site). You consent to cross-border transfer of data to carriers, payment processors and affiliates, including outside the EEA, strictly for the purpose of delivering the Services and fulfilling legal obligations (e.g. SIM registration rules).

9.2 Local SIM / IMEI Regulation. You must comply with any destination-country laws that require registration of SIM, eSIM, device IMEI or user identity. You authorise Gitsim to disclose your basic subscriber data to foreign carriers, wholesale partners or regulatory authorities to fulfil such obligations. Failure to complete mandatory registration may result in suspension without refund.

10. INTELLECTUAL PROPERTY

All trademarks, software, text and graphics are owned by Gitsim or licensors. You receive only a non-exclusive, revocable, personal licence to use the App/Site/eSIM as intended.

11. SUSPENSION & TERMINATION

11.1 We may suspend or terminate the Agreement, block traffic, throttle data or delete your account immediately if you:

  • • breach these Terms;
  • • attempt charge-backs or fraudulent payment;
  • • fail identity/KYC verification;
  • • cause network degradation;
  • • are required to be disconnected by any regulator, court or carrier.

11.2 During suspension you remain liable for all charges.

12. DISCLAIMER OF WARRANTIES

The Services are provided "as is" and "as available". To the maximum extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for purpose, non-infringement, accuracy and uninterrupted service.

13. LIMITATION OF LIABILITY

13.1 Nothing excludes liability for death or personal injury caused by our negligence, fraud or wilful misconduct.

13.2 Subject to 13.1, our aggregate liability under or in connection with the Agreement (whether in contract, tort or otherwise) shall not exceed the lesser of (a) €100 or (b) the total amount you paid us in the 6 months preceding the event giving rise to liability.

13.3 We shall not be liable for indirect, punitive, special or consequential losses, loss of profit, data, goodwill or business opportunity.

14. INDEMNITY

You will indemnify and hold harmless Gitsim, its affiliates, directors, employees and carriers from any claim, loss, damage, penalty, fine or expense (including legal fees) arising out of (a) your breach of this Agreement, (b) your misuse of the Services, or (c) any content or data transmitted by you.

15. GOVERNING LAW & DISPUTE RESOLUTION

15.1 This Agreement is governed by Dutch law, excluding conflict-of-laws rules.

15.2 The courts of Amsterdam have exclusive jurisdiction. If you are an EU consumer, you may alternatively bring proceedings in your habitual-residence court under Art 18 Brussels I bis.

15.3 We may opt for binding arbitration under the Netherlands Arbitration Institute rules for claims exceeding €10 000.

15.4 Class and collective proceedings are not permitted. You and Gitsim waive any right to litigate in court or to participate in a class, consolidated or representative action.

15.5 United-States Customers – Binding Arbitration & Class-Action Waiver.

  • (a) If you reside or are located in the USA, any dispute that we cannot resolve informally within 30 days shall be finally settled by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act (FAA) governs this clause.
  • (b) Arbitration shall take place in San Francisco, California, or by video conference at your election; the arbitrator may award individual relief only.
  • (c) Class and collective proceedings are not permitted. You and Gitsim waive any right to litigate in court or to participate in a class, consolidated or representative action.
  • (d) Nothing in this clause limits any mandatory Dutch/EU consumer right or prevents either party from seeking injunctive relief in a competent court.

16. AMENDMENTS

We may modify these Terms at any time by posting the revised version on the Site/App and updating the “Last updated” date. Changes become binding 14 days after posting or upon your continued use of the Services, whichever is earlier. Material adverse changes will be notified by email.

17. OTHER PROVISIONS

17.1 Assignment. We may assign or novate the Agreement to any affiliate or purchaser of our business. You may not assign without our prior written consent.

17.2 Force Majeure. We are not liable for failure to perform due to events beyond reasonable control (e.g. network outage, governmental act, war, pandemic).

17.3 Severability. If any clause is unenforceable, the remainder of the Agreement remains in effect and the invalid clause shall be interpreted to achieve its intended purpose as closely as possible.

17.4 Entire agreement. This Agreement supersedes all prior discussions and constitutes the entire understanding between the parties. No oral statement modifies it.

17.5 Contact. Support is available 24/7 at support@help.gitsim.com or. Written notices to Gitsim must be sent to the registered address and are deemed received on delivery.

17.6 THIRD-PARTY LINKS The Site/App may contain links or frames to external websites and services. We do not endorse, control or take responsibility for third-party content, privacy practices or availability. Following such links is at your own risk.