Aller à l'article Article 1 - DefinitionsArticle 2 - Information about the provider and supportArticle 3 - Subject matter of the agreement and features of the serviceArticle 4 - Formation of the agreement and terms of useArticle 5 - Technical requirements, compatibility and activationArticle 6 - Payment terms and price transparencyArticle 7 - Right of withdrawal (consumer rights)Article 8 - Limitation of liabilityArticle 9 - Privacy and protection of personal dataArticle 10 - Governing law and jurisdictionArticle 11 - Term of the agreementArticle 12 - Flexy Option (facilitated conventional right of withdrawal)Article 13 - Intellectual and industrial propertyArticle 14 - eSIM Credit and virtual wallet management

GENERAL TERMS AND CONDITIONS OF CONTRACT FOR THE SUPPLY OF eSIM ROAMING CONNECTIVITY SERVICES

Article 1 - Definitions

For the purposes of these General Terms and Conditions of Contract (hereinafter the "Agreement"), the following definitions shall apply:

• "Quibity": Quibity Srl, as further identified in Art. 2.

• "App": the mobile software application developed, licensed or operated by Quibity, available for download and installation on mobile handsets and/or other compatible devices, and used for the purchase, management, activation and top-up of eSIMs.

• "Customer": the natural person (Consumer or Business User) or legal entity requesting activation of the Service following unique identification and registration on the Web Portal or the App.

• "Consumer": a natural person acting for purposes unrelated to any trade, business, craft or profession that may be carried on by such person (within the meaning of the mandatory EU consumer-protection legislation).

• "eSIM Credit": the value that may be used by the Customer to purchase roaming data traffic, credited to the Customer's account through direct purchases, promotional campaigns, or cashback/bonus schemes offered by Quibity.

• "eSIM": the virtual identification profile (Embedded Subscriber Identity Module) which, once installed on a compatible, unlocked hardware device, enables access to electronic data-communication services on a roaming basis.

• "Flexy Option": the facilitated conventional right of withdrawal set out in Art. 12.2.

• "Web Portal": Quibity's official website (www.quibity.com and its related subdomains).

• "Service": the mobile data-only connectivity service supplied by Quibity, on an international roaming basis, through the networks of local partner operators.

Article 2 - Information about the provider and support

The Service is supplied by Quibity Srl, a company incorporated under the laws of the Republic of San Marino, with registered office at Via Onesto Scavino 10, 47891 Rovereta, Republic of San Marino, operator code/C.O.E. SM31836. The contact details for technical support and complaints are as follows:

• E-mail / Helpdesk: [email protected]

• Standard response time: 8 hours

Article 3 - Subject matter of the agreement and features of the service

3.1. The subject matter of the Agreement is the sale of prepaid eSIM profiles granting exclusive access to the global data network. The Service expressly excludes voice telephony services (incoming/outgoing calls), the sending/receipt of SMS messages, and the assignment of a local MSISDN telephone number, unless otherwise and specifically indicated in the applicable commercial offer.

3.2. Quibity supplies the Service pursuant to roaming agreements entered into with leading local mobile network operators in the country of destination. The Customer acknowledges that the selection of the local partner operator falls within Quibity's technical and commercial discretion and may be changed without prior notice.

3.3. Types of Profiles:

• National/Regional Profiles: eSIMs subject to pre-set data-traffic limits (Gigabits) and duration, usable exclusively within the geographic areas selected at the time of purchase.

• Unlimited: eSIMs for which only the duration is pre-set (currently available for periods of between 1 and 30 days) and which allow connection without any data-traffic limit. Such profiles remain, however, subject to the usage limits set out in the "fair usage policy" (https://quibity.com/fair-usage-policy): once 4GB has been used within a 24-hour period, the maximum speed is reduced to 1 Mbit/s and is reset after 24 hours. The 24-hour period is calculated from the time of first use of the eSIM.

• Global eSIM Pay-per-Use: a single profile with no pre-set expiry date, governed by means of an electronic wallet ("eSIM Credit") funded through top-ups made by the Customer, with automatic pay-as-you-go billing.

Article 4 - Formation of the agreement and terms of use

4.1. The Agreement is concluded at the time Quibity sends the Customer an order confirmation to the e-mail address provided at registration, or upon the eSIM becoming immediately visible in the "My eSIMs" section of the App or the Web Portal.

4.2. Tariff packages and connectivity profiles are offered "as is" at the time of checkout; no ex post customisation or structural modification may be requested by the Customer once payment has been completed.

4.3. Non-Transferability and Liability: the account and the eSIMs associated with it are strictly personal and may not be assigned or transferred to third parties. The Customer shall be solely liable, both to Quibity and to the competent authorities, for any activity carried out, and for any improper, unlawful or fraudulent use of the Service made, through the Customer's profile or device.

4.4. The Customer undertakes to use the Service in compliance with applicable law, not to alter the App's software, not to carry out cyberattacks (including DDoS attacks or reverse engineering), and not to compromise the integrity of the network infrastructure of Quibity or of its partners. In the event of a breach of these obligations, Quibity shall be entitled to terminate the Agreement with immediate effect by operation of law and to discontinue the Service, without any obligation to provide a refund.

4.5. Anti-Fraud Compliance: so-called "Permanent Roaming", meaning the continuous use of the eSIM within a single third country for a period exceeding ninety (90) consecutive days, is expressly prohibited. Quibity reserves the right, upon prior notice, to suspend the Service on the relevant profile where such anomalous use is detected, in order to safeguard the stability of partner networks and compliance with international regulations.

Article 5 - Technical requirements, compatibility and activation

5.1. The Customer bears sole responsibility for verifying, prior to purchase, that the Customer's mobile device is technically compatible with eSIM technology and is not subject to Carrier Lock or SIM Lock restrictions.

5.2. The list of compatible devices published by Quibity on the Web Portal is provided for indicative purposes only and is subject to ongoing technical updates.

5.3. Quibity shall not be liable in any event for any inability to activate, install or make use of the Service where such inability is attributable to the Customer's device lacking the required hardware or software specifications, or to commercial locks imposed by the device's originating operator. No refund shall be due in such cases, without prejudice to the provisions of Articles 7 and 12.

Article 6 - Payment terms and price transparency

6.1. Payment of the amounts due shall be made through the authorised electronic payment channels (credit/debit cards, Google Pay, Apple Pay, and any other payment methods indicated on the Portal).

6.2. The prices set out in the price list in force at the time of purchase are expressed in the currency selected by the Customer and are inclusive of VAT (where applicable under the territorial tax rules applicable to the relevant telecommunications operator/service) and of any other ancillary charge, tax or transaction cost payable by the consumer. No hidden or additional cost shall be charged at checkout beyond the amount shown in the order summary.

Article 7 - Right of withdrawal (consumer rights)

7.1. A Customer acting as a Consumer (resident in the European Union) has the right to withdraw from this Agreement, without stating any reason, within fourteen (14) days from the date of conclusion of the Agreement (online purchase).

7.2. Pursuant to the mandatory European legislation on electronic commerce and consumer protection, the Consumer expressly loses the right of withdrawal where performance of the Service has commenced before expiry of the 14-day period, subject to the Consumer's express consent and simultaneous acknowledgment of the resulting loss of the right of withdrawal. For the purposes of this Agreement, the Parties agree that performance of the Service shall be deemed to commence upon the earlier of:

• the download or installation of the eSIM profile onto the Customer's device; or

• actual use of the first data package (connection to the partner network).

7.3. Where the right of withdrawal is validly exercised prior to installation or activation of data traffic, Quibity shall reimburse all payments received from the Consumer without undue delay and, in any event, within 14 days of receipt of the notice of withdrawal, using the same means of payment used for the original transaction.

Article 8 - Limitation of liability

8.1. Except in cases of wilful misconduct or gross negligence on the part of Quibity, and without prejudice to the mandatory provisions of applicable consumer-protection legislation, Quibity's aggregate liability for damages arising from malfunctions, defects or interruptions of the Service shall in no event exceed the amount actually paid by the Customer for the purchase of the individual eSIM or top-up giving rise to the claim.

8.2. To the maximum extent permitted by applicable law, Quibity shall not be liable for:

• indirect, incidental, punitive or consequential damages, including, without limitation, loss of profit, loss of business opportunity, or loss of data or revenue;

• interruptions of the Service, degradation of signal quality, or inability to connect, arising from force majeure, fortuitous events, weather conditions, strikes, governmental restrictions, or malfunctions attributable solely to the technical infrastructure of local partner network operators;

• damage arising from the Customer's failure to safeguard the account credentials, or from fraudulent access by third parties resulting from the Customer's negligence.

Article 9 - Privacy and protection of personal data

9.1. Quibity processes the Customer's personal data in accordance with EU Regulation 2016/679 (GDPR) and the applicable San Marino legislation on the matter (Law No. 171/2018).

• Data Controller: Quibity Srl, Via Onesto Scavino 10, 47891 Rovereta, RSM. Privacy e-mail: [email protected].

• Legal basis and purposes: processing is necessary for the performance of the Agreement and for compliance with legal obligations. Separate, express and optional consent is required for marketing and commercial profiling purposes.

9.2. In compliance with mandatory national and international legislation on telecommunications, counter-terrorism and public security, the Customer is required to provide true and up-to-date identification data. Quibity is legally required to retain traffic data, provisioning logs, location data and technical metadata, and to disclose such data, upon formal request, to the competent judicial authorities or to local network operators responsible for public security, within the limits and in accordance with the procedures established by law.

9.3. The Customer may exercise, at any time, the rights set out in Articles 15 to 22 of the GDPR (right of access, rectification, erasure, restriction of processing, data portability and objection) by sending a request to the support e-mail address.

Article 10 - Governing law and jurisdiction

10.1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of San Marino.

10.2. Where the Customer acts as a Consumer habitually resident within the European Union, the choice of San Marino law shall not have the effect of depriving the Consumer of the protection afforded by provisions that cannot be derogated from by agreement under the law of the country in which the Consumer resides.

10.3. Any dispute arising out of the interpretation, performance or termination of the Agreement shall be subject to the primary jurisdiction of the Courts of the Republic of San Marino. However, where the Customer is an EU Consumer, exclusive territorial jurisdiction shall lie with the court of the place where the Consumer resides or is domiciled, in accordance with Regulation (EU) No. 1215/2012 (Brussels I bis), as amended and supplemented from time to time.

Article 11 - Term of the agreement

The contractual relationship arises upon conclusion of the Agreement (Article 4) and terminates upon the natural expiry of the data package purchased, upon exhaustion of the applicable data-traffic allowance, or, in the case of the Pay-per-Use profile, upon exercise of the right of withdrawal or of the facilitated right of withdrawal, without prejudice to the data-retention obligations imposed by law (Article 9.2).

Article 12 - Flexy Option (facilitated conventional right of withdrawal)

12.1. By way of derogation from Article 7.2, and in addition to the minimum rights afforded by law, Quibity may offer a facilitated conventional right of withdrawal known as the "Flexy Option".

12.2. Upon payment of a non-refundable supplement of €2.00 (two euros and 00 cents), made at the same time as the purchase of the eSIM, the Customer acquires the right to withdraw from the Agreement and to request a full refund of the cost of the eSIM (net of the €2.00 supplement), even where the profile has already been installed on the Customer's device, subject to the following conditions:

• the request must be submitted, on a mandatory basis, within the eSIM expiration;

• the actual data traffic recorded on Quibity's systems in connection with the relevant eSIM must not exceed 100 megabytes (MB). Beyond such time or usage limits, the Flexy Option shall lapse and no refund shall be due.

Article 13 - Intellectual and industrial property

All intellectual and industrial property rights, registered and unregistered trademarks, logos, patents, the App's source code, graphical interfaces, and any text or content appearing on the Web Portal are the exclusive property of Quibity Srl or are licensed to it. The Customer is expressly prohibited from copying, reproducing, decompiling, distributing or otherwise improperly using such proprietary assets without Quibity's prior written consent.

Article 14 - eSIM Credit and virtual wallet management

14.1. Funding of the Balance: the Customer may accumulate or top up nominal credits (hereinafter "eSIM Credit") on the Customer's account through direct purchases, promotional campaigns, or cashback/bonus schemes offered by Quibity. Additional bonus credits granted as gifts or incentives are subject to the specific terms published from time to time.

14.2. Flexible Checkout Method: where the eSIM Credit available in the Customer's virtual wallet is insufficient to cover the total amount of the selected purchase, the Customer may use the remaining balance and pay the shortfall by means of the electronic payment methods referred to in Article 6. For reasons relating to the sustainability of banking payment circuits, the minimum amount that may be charged by credit card in respect of the shortfall is set at €1.00 (one euro and 00 cents).

14.3. Currencies and Conversions: the value of the eSIM Credit is expressed in, and linked to, the default currency of the Customer's profile. Where the Web Portal/App is displayed in a different currency, the system shall perform a purely indicative conversion based on prevailing financial exchange rates.

14.4. Restrictions, Validity and Usage Limits:

• Expiry: eSIM Credit duly purchased shall expire within the period indicated in the specific terms applicable to each eSIM denomination.

• eSIM Credit duly purchased in connection with the Global eSIM Pay-per-Use profile shall have no expiry date, save in the event of the permanent cessation of Quibity's business, which shall be notified to the Customer with six months' prior notice, in which case the Credit shall be refunded.

• eSIM Credit purchased by the Customer for monetary consideration may not be transferred to other users and may not be converted into cash, except in the event of lawful withdrawal exercised within the applicable time limits, or termination of the Agreement for Quibity's breach.

• Credits granted free of charge through cashback mechanisms, bonuses, or promotional campaigns are under no circumstances refundable, transferable, or convertible into cash, even in the event of withdrawal from or termination of the Contract, and may be used exclusively for the purchase of the Services within the validity period specified in the applicable promotional terms and conditions.

• Programme Changes: Quibity reserves the right to modify or suspend incentive programmes or commercial benefits associated with free bonus credits. Such unilateral changes shall in no event have retroactive effect on commercial credits already duly purchased or paid for by the Customer.