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1. VALIDITY OF GENERAL TERMS AND CONDITIONS

The following Terms and Conditions shall apply to all services rendered by , hereafter referred to as Quibity, in connection with the prepaid eSIM reselling.

The following Terms and Conditions are provided on the website www.quibity.com.

Quibity may accept variant clauses only in the case of an explicit written agreement.

2. DESCRIPTION OF SERVICES

2.1. eSIM SELLING

Quibity sells prepaid eSIMs.

The Customer registers and buys its sim cards on www.quibity.com website and/or Quibity App. Our payments are operated by Stripe (www.stripe.com) with an alias of your credit card (virtual Credit Card Imprint).

We may save your credit card alias to offer you the possibility to top-up or buy new eSIMs without re-entering your credit card information.
We will NEVER automatically charge your credit card without your explicit consent. The automatic top-up feature is disabled by default.

2.2. REGISTRATION FOR USING Quibity SERVICES

The Customer must accept the General Terms and Conditions to use Quibity services. The client gives directly or by the intermediary of the service provider (Hotel, Travel Agency…) during checkout the following information: full name, billing country, email address, phone number (optional).

2.3. Quibity ENGAGEMENTS

Quibity shall use reasonable endeavors to provide Customer quality service. However, Quibity does not guarantee that the service will not be interrupted, provided on time, and be safe or fault-free.

2.4. CUSTOMER ENGAGEMENTS

In using the Equipment or Services provided by Quibity, the Customer must not engage in any action: that is abusive, illegal, or fraudulent; that causes the Network to be impaired or damaged.

When the Customer breaches its obligations under Sec. 2.4, Quibity may suspend the Customer's use of the Service. During any period of suspension, the Customer shall continue to pay all Charges due under this Agreement in respect of the suspended Services.

2.5. DEVICE COMPATIBILITY

The Customer is responsible for ensuring that their device is eSIM compatible and carrier-unlocked. Device compatibility may depend on the carrier and country of origin, the Customer must check the list of eSIM-compatible devices provided at Compatible devices page.

By checking the box that confirms that the Customer's device is eSIM compatible, the Customer is then held responsible for the accuracy of the information they provide.

The eSIM compatibility list is not exhaustive, meaning newly announced eSIM-compatible devices may still need to be added.

2.6. ACCEPTABLE USE — ARTIFICIAL INTELLIGENCE, MACHINE LEARNING, AND DATA MINING

The Customer, whether a natural person or a legal entity, is strictly prohibited from using the Application, web portal, network infrastructure, or any data exchanged through the Service for purposes related to machine learning, the training of large language models (LLMs) or other artificial intelligence systems, text and data mining, data aggregation, or web scraping, without the express prior written authorization of Quibity. Quibity reserves the right to immediately suspend or terminate the Service and to pursue all available legal remedies, including damages, for any breach of this provision.

2.7. CONDUCT TOWARD Quibity STAFF

The Customer agrees to maintain respectful and dignified communication with Quibity's customer support and helpdesk channels. Insults, threats, intimidation, harassment, or stalking directed at Quibity personnel will not be tolerated. In such cases, Quibity reserves the right to immediately suspend the Customer's account and to discontinue the provision of any active eSIM services, with no obligation to refund.

3. START, DURATION, AND TERMINATION OF THE CONTRACT

The service contract between Quibity and the Customer begins upon completing the order at the Quibity website www.quibity.com or via the Quibity app.

The Activation of the eSIM and acknowledgment of the Activation Policy is the Customer's responsibility.
The activation policy depends on the eSIM and it is clearly mentioned in the eSIM activation email.

The contract will be terminated if the Customer does not have an active data package or has deleted the eSIM from the target device.

4. CHARGES AND PAYMENT

4.1. PAYMENT CONDITIONS

The supported payment methods for Quibity services are Credit/Debit Card, Google Pay, Apple Pay.

The currency of payment is in available in different currencies that can be changed from the top menu.

The credit card transaction will be processed and secured by our payment provider Stripe (www.stripe.com).

4.2. CHARGES FOR USE

4.2.1. Quibity states all Charges are inclusive of VAT unless otherwise specified.

4.2.2. The Customer shall not be entitled to offset any of its claims against claims of Quibity, except where the Customer's claims are undisputed or have been confirmed by final court judgment.

4.3. ACCOUNT BALANCE/CREDITS

On 28 Aug 2024 we introduced account balance.
With every eSIM purchased or topped-up with credit card, the Customer may earn credits on its balance that can be used to purchase new eSIMs.
If the credits are not enough for the purchase, the checkout will allow to pay the remaining amount with a credit card. The minimum amount allowed to pay with credit card is $1.00.
Customers can top-up their balance at any time. Depending on the amount, the Customer may receive a bonus credit.
Account balance depends on the account currency. For example: if you make a purchase in EUR you will earn EUR credits. If you change the website currency, you will not find your EUR balance in other currencies. The balance cannot be converted from one currency to another.
We reserve the right to (wholly or partly) withhold, reject, amend, suspend, revoke, or cancel, or deny benefit or use of the program to any Customer at any time and for any reason (without prior notice).
Credits do not expire and are non-refundable and non-transferable.

5. DELIVERY

The Customer will immediately see the purchased eSIM under the "My eSIMs" tab on the Quibity website www.quibity.com and/or the Quibity app. The Customer will receive a confirmation email after the purchase. All the information for installing the eSIM will be available only via email and on the user's Quibity account.

6. REFUND / CANCELLATION / MODIFICATION POLICY

The Customer has the right to ask for a refund or eSIM-replacement if the eSIM cannot be installed and used due to a technical problem from Quibity.

6.1. MODIFICATION

The eSIM data packages from Quibity are offered as-is, and no further modifications or customization can be made based on individual requests once purchased.

7. LIABILITY AND WARRANTY

Quibity is not responsible for detriments arising due to the proposed service not being constantly available. Quibity provides no guarantee of constant availability of the network service.

Quibity hereby disclaims any responsibility for roaming charges that may be incurred by the Customer as a result of the Customer's failure to configure their device properly. It is the sole responsibility of the Customer to ensure that the roaming feature is disabled on their primary SIM card to prevent any incurrence of additional charges.

For general inquiry, write an email to [email protected], otherwise open a support request from Help center. Our customer support will respond within 24 hours, though we usually reply much sooner, typically within 1 hour.

8. ADDENDUM FOR U.S. RESIDENTS — MANDATORY ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

8.1. APPLICATION

This Section applies exclusively to any User who is a resident of the United States of America or who accesses the Service from the United States. In the event of any conflict between this Section and any other provision of this Agreement, this Section shall prevail with respect to such User.

8.2. DISPUTE RESOLUTION BY BINDING ARBITRATION

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PRIVACY POLICY, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION INSTEAD OF A COURT OF LAW.

The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and, where appropriate, its Supplementary Procedures for Consumer-Related Disputes, or by JAMS (Judicial Arbitration and Mediation Services), at Quibity's discretion. The arbitrator's award shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.

8.3. CLASS ACTION AND JURY TRIAL WAIVER

YOU AND QUIBITY AGREE THAT EACH PARTY 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, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.

Unless both you and Quibity agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. BY AGREEING TO THESE TERMS, YOU AND QUIBITY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.

8.4. LOCATION AND COSTS

If you are a consumer, the arbitration hearing will take place at a location reasonably convenient to you, or may be conducted telephonically or online at your election. Quibity will reimburse your filing fees and administrative costs for claims totaling less than US$10,000, unless the arbitrator determines that your claims are frivolous or brought for an improper purpose. Each party shall otherwise bear its own attorneys' fees, except as may be awarded by the arbitrator under applicable law.

8.5. 30-DAY OPT-OUT RIGHT

You have the right to opt out of, and not be bound by, this arbitration and class action waiver Section. To exercise this right, you must send written notice of your decision to opt out via email to [email protected] within thirty (30) calendar days of your initial purchase or account registration, whichever occurs first. Your notice must include (i) your full name, (ii) the email address associated with your Quibity account, and (iii) a clear statement that you wish to opt out of mandatory arbitration. If you opt out, all other Sections of this Agreement will continue to apply to you.

8.6. AUTOMATIC RENEWALS (CALIFORNIA RESIDENTS)

Quibity does not enroll Customers in any automatic-renewal or continuous-service program by default. The automatic top-up feature is strictly opt-in, is clearly disclosed before activation, and once enabled may be cancelled at any time directly from the Customer's account with a single action, in compliance with the California Automatic Renewal Law (Cal. Bus. & Prof. Code § 17600 et seq.).

8.7. PRICING TRANSPARENCY

All applicable charges, fees, taxes, and surcharges are disclosed in full prior to checkout. Quibity does not impose mandatory hidden or "junk" fees, in accordance with Section 5 of the Federal Trade Commission Act.

8.8. SEVERABILITY

If any portion of this Section is found to be unenforceable, the remaining portions shall remain in full force and effect; provided, however, that if the Class Action and Jury Trial Waiver in Section 8.3 is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief (and only that claim or request for relief) shall be severed and may be brought in a court of competent jurisdiction, while the remainder of this Section continues to govern all other claims.