Terms and Conditions
1. Introduction
1.1. These Terms and Conditions constitute a legally binding agreement (“Agreement”) made between you (the “User“) and OOO FlexSimX ., a private limited company incorporated and registered in Georgia with Company registration number and having its registered office at Tbilisi, Georgia (“FlexSimX“, “we” or “us“), concerning your purchase of an international data plan (“Data Plan“) relating to a prepaid eSIM (an “eSIM“), for use on your personal device (“Device“), from FlexSimX (the “Service“).
1.2. Future agreements between the User and FlexSimX may in addition be subject to supplemental terms and
conditions or documents that may be posted on our website (the “website“).
1.3. We recommend that you print a copy of these Terms and Conditions for future reference.
2. Registration
2.1. The User may register to purchase an eSIM through our website. The User must accept the Terms of Use
to register and purchase an eSIM. FlexSimX’s Privacy Policy and Cookies Policy are displayed on the
website when the User registers to purchase an eSIM.
3. Purchase of an eSIM and Activation
3.1. If you purchase an eSIM from us (via the website), you enter into an agreement with us for the
purchase of the eSIM and agree to pay to us all applicable charges in accordance with the Data Plan for the
eSIM purchased.
3.2. You will be responsible for the eSIM as soon as it is delivered to you. If you damage or lose your
Device before you have paid for the eSIM in full, you will still be required to pay us the full price of the
eSIM.
3.3. You may purchase an eSIM through one of FlexSimX’s partners (“Third Parties“). If you purchase an eSIM
from a Third Party, you enter into an agreement with that Third Party for the purchase of the eSIM and
FlexSimX is not a party to such an agreement.
3.4. FlexSimX shall make available Data Plans which relate to specific countries. FlexSimX reserves the right
to restrict the availability of such Data Plans in some jurisdictions. Users can search, select and purchase
our Data Plans on the website, or through Third Parties.
3.5. By availing of the website, the User acknowledges that they have an unlocked, eSIM-compatible Device,
which is required in order to access the eSIM.
3.6. Order/service execution time: after the purchase is completed, the client is provided with immediate access to all necessary information for independent service activation through their personal account.
4. Duration and Termination
4.1. This Agreement shall commence once you purchase the eSIM. After you have downloaded the eSIM onto your
Device and the Data Plan is activated, the downloaded eSIM shall continue to remain on your Device after
credit has been expended on your Data Plan or your Data Plan has expired. The User may choose to remove the
eSIM via their Device settings at any time, however we recommend that the User does not remove the eSIM
until their Data Plan has been consumed or expired. The download of the eSIM and the activation of any Data
Plan may require stable internet connection.
4.2. The duration of the term of this Agreement will be until the Data Plan has expired or until credit has
been expended in accordance with the Data Plan purchased.
4.3. This Agreement will terminate immediately upon any of the following events occurring:
4.3.1. consumption or expiry of the Data Plan by the User in accordance with clause 4.2; or
4.3.2. suspension by FlexSimX of the User’s use of the eSIM or Data Plan for breach of these Terms and
Conditions (including any breach of applicable laws).
4.4. Upon termination in accordance with clause 4.3.1, if you do not delete the eSIM immediately from your
Device upon consumption or expiry of the Data Plan, the eSIM shall be provided to you on an “as is” basis
without a warranty of any kind. FlexSimX shall have no liability to you for such eSIM in accordance with
this clause 4.4 until such time that you purchase any further eSIM or Data Plan from us, at which point
these Terms and Conditions shall apply.
5. Warranty
5.1. These Terms and Conditions are in addition to your statutory rights as a consumer.
5.2. FlexSimX gives no warranty and makes no representations in relation to the eSIM, or the website, and all
warranties and conditions (save to the extent that they are required by applicable laws) whether express or
implied by statute, common law or otherwise are excluded to the extent permitted by law.
5.3. FlexSimX reserves the right, at its sole discretion, to discontinue the sale, provision or support of
any eSIM at any time.
6. Service Availability
6.1. FlexSimX shall take commercially reasonable steps to make the website available to you at all times,
contingent upon FlexSimX and its service providers’ ability to maintain network capacity and connection
availability.
6.2. FlexSimX partners with service providers to provide the website. FlexSimX is under no obligation to
inform the User if it engages service providers to assist in performing the website.
6.3. FlexSimX does not guarantee network capacity, network quality or connection availability of the website.
This includes (but is not limited to) any of the following circumstances:
6.3.1. when our service providers need to perform upgrading, maintenance or other work on their network
services;
6.3.2. when you are in areas not covered by the network of our service providers or in accordance with the
areas specified in your Data Plan;
6.3.3. where factors outside of our control cause disruption, such as disruption caused by the features or
functionality of your Device, regulatory requirements, faults in communication networks, the weather, radio
interference or other physical obstructions.
7. User Obligations
7.1. The User agrees that it shall:
7.1.1. use the eSIM in compliance with these Terms and Conditions;
7.1.2. use the eSIM in accordance with all applicable laws and regulations of the country in which the User
is present or ordinarily resident;
7.1.3. not use the eSIM to engage in any action that is fraudulent, criminal or illegal or causes the network
to be impaired or damaged;
7.1.4. not use the eSIM to copy, store, modify, publish or distribute FlexSimX’s commercial information
(including trade secrets) except where we give you permission;
7.1.5. use the eSIM to download, send or upload content of an excessive size, quantity or frequency;
7.1.6. not use the eSIM in a way which breaches the intellectual property rights of a third party.
7.2. The User agrees that any credits, promotions and referrals for the website (the “Promotions”) shall not
be used to undermine the fairness, integrity or legitimate operation of the website, including but not
limited to, creating fake User registrations or using fictitious identities to participate in the Promotions
to receive rewards.
7.3. The User agrees that FlexSimX may suspend the website in the case of breach of these Terms and
Conditions. The User shall be liable and shall pay all charges due under these Terms and Conditions in
respect of the suspended Service. FlexSimX reserves the right to seek remedies and damages (including legal
costs) to the fullest extent permitted by law.
7.4. FlexSimX, in its sole discretion and without liability to the User, reserves the right to remove a
User’s website account, disqualify a User from future use of the website, or disqualify a User from any
Promotions.
8. Payment Terms
8.1. The User may register and buy the eSIM on the website. Payment shall be processed by an authorised
agent of FlexSimX.
8.2. All eSIMs are prepaid and prices are inclusive of any Indirect Tax, unless specified otherwise. Indirect
Tax will be levied on the basis of the postcode provided by the User when submitting payment information to
FlexSimX.
8.3. “Indirect Taxes” in this clause 8 means any sales tax, value-added tax, and any similar levies or taxes
as may be applicable at the time of sale of the Data Plan relating to an eSIM.
9. Legal Right of Withdrawal
9.1. If you are purchasing an eSIM as a consumer, you have the legal right to withdraw from this Agreement
within 14 days without giving any reason. The withdrawal period will expire 14 days after you purchase an
eSIM, or if earlier, up to the date on which the eSIM is activated and the Data Plan is consumed or
depleted, the latter scenario in which we will provide you with a partial refund proportionate to the
reduction in value of the eSIM or Data Plan.
9.2. To exercise your right of withdrawal, you must inform us of your decision to withdraw from the Agreement
by an unequivocal statement. Please contact FlexSimX.
10. Refund and Returns Policy
10.1. You will receive the website in conformity with these Terms and Conditions. If you believe that the
Service which has been delivered to you does not so comply, or does not comply with your statutory consumer
rights, please let us know. If applicable, we will provide you with a full or partial refund in respect of
an affected eSIM or Data Plan in accordance with clauses 10.2 to 10.4 below.
10.2. For a full refund from FlexSimX, the User must meet the following requirements:
10.2.1. The eSIM must have been purchased from FlexSimX via the website (i.e. not from Third
Parties);
10.2.2. The eSIM must not have been activated; and
10.2.3. The purchase of the eSIM must have been made no more than 6 months prior to the request for a
refund.
10.3. Subject to clauses 10.2.1 and 10.2.3, in the following circumstances, FlexSimX may provide you with a
full or partial refund which is proportionate to the reduction in value of the eSIM or Data Plan:
10.3.1. if the Data Plan relating to the eSIM has already been activated and/or consumed (in part) or credit
expended; or
10.3.2. if the eSIM fails to work due to an issue with the network infrastructure, or where the network
infrastructure in a destination country has problems or is unstable.
10.4. Where the User purchases an eSIM and downloads it onto an incompatible or locked Device, FlexSimX will
provide to the User a full refund, provided that the User has complied with the requirements of
10.2.1-10.2.3.
11. Intellectual Property Rights
11.1. Except as otherwise indicated, the eSIM is our (or our licensor’s) proprietary property, and all source
code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on
the website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein
(the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark
laws as well as various other intellectual property rights.
11.2. Except as expressly provided in these Terms and Conditions, no part of the eSIM, the website, or
any Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.
12. Data Protection
12.1. By purchasing an eSIM, you acknowledge that FlexSimX will process personal information relating to you
(“Personal Data”) in order to make the website available to you, to monitor and improve the website, and to
prevent unauthorized use of the website.
12.2. For further information on how Users’ Personal Data is used or for any queries regarding how we may
process your Personal Data, please see our Privacy Policy and Cookies Policy.
13. Indemnity
13.1. The User agrees to indemnify and keep indemnified FlexSimX, its subsidiaries, affiliates, officers,
agents, partners, employees, and service providers against all losses, costs, charges, demands, proceedings,
damages, actions, expenses, and claims incurred by us as a result of:
- 13.1.1. A breach by you of these Terms and Conditions; and/or
- 13.1.2. Any other matter arising out of or in connection with your use of the website other than in
accordance with these Terms and Conditions.
14. Limitation of Liability
14.1. To the extent permitted by law, we exclude all liability (whether arising in contract, negligence, or otherwise) for any loss or damage that you may incur in connection with your use of the Service, including the eSIM or any Data Plan. Notwithstanding the foregoing, FlexSimX´s liability under or in connection with this Agreement, whether arising from contract, negligence, or otherwise, shall in no event exceed the amount of charges payable by the User to FlexSimX under the relevant Data Plan in the 12 months preceding the date of the event giving rise to such liabilities having occurred, or 100€, whichever is greater. This does not affect our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability that cannot be excluded or limited under applicable law.
15. Governing Law and Legal Compliance
15.1. Except as applicable mandatory laws may determine: (a) these Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of Georgia, and (b) the courts of Georgia shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matter or formation.
15.2. Other applicable mandatory laws of other states may also apply to your use of the eSIM.
15.3. The website are not intended for use by any person or entity in any jurisdiction or
country where such use would be contrary to relevant law or regulation. Accordingly, persons who choose to
access website from locations that prohibit such use do so on their own initiative
and are solely responsible for compliance with local laws, if and to the extent local laws are
applicable.
16. Variation of these Terms and Conditions
16.1. We may vary any of the terms of your Agreement or any future terms and conditions, including those
relating to our Data Plans, on the following basis:
- 16.1.1. Any updated Terms and Conditions and new terms will be available on our website.
- 16.1.2. We will let you know with adequate notice if we make any variations to this Agreement. You are
free to withdraw from using the website upon receipt of such notice, subject to the following exceptions:
(a) where such variation is exclusively to your benefit; (b) where such variation is of a purely
administrative nature, or (c) where such variation is imposed by applicable laws.
- 16.1.3. If you continue to use the website after the variation of this Agreement commences, you will be
deemed to have accepted the variation.
17. General
17.1. FlexSimX may assign, transfer, or subrogate to any company of its group the rights and obligations
arising from this Agreement without the express consent and authorization of the User.
17.2. If at any time any provision of this Agreement (or part of any provision) is or becomes illegal,
invalid, or unenforceable but would be legal, valid, and enforceable if some part of it were deleted or
modified, the provision or part-provision in question shall apply with such deletions or modifications as
may be necessary to make the provision legal, valid, and enforceable.
17.3. No failure or delay by either party to exercise any right or remedy under this Agreement shall be
construed as a waiver of that right or remedy, nor shall any single or partial exercise of any right or
remedy preclude the further exercise of that right or remedy. No waiver by either party of any breach by the
other of any provision of this Agreement shall be considered a waiver of preceding or subsequent breaches.
The rights and remedies provided under this Agreement are cumulative and are not exclusive of any rights or
remedies provided by law.
17.4. This Agreement is drafted in the English language. In the event that there is a conflict between this
English version of the Agreement and any translated copies, the English version shall prevail.
18. FlexSimX eSIM Plan Descriptions
We offer a wide selection of eSIM plans for mobile internet usage in over 200 countries and regions. You can choose from local eSIMs for specific countries, regional plans for travel across multiple countries, and global plans covering a broad range of countries.
Local Plans: Provide internet access in one country with various data volume options. Plans include both short-term and long-term options, with durations ranging from a few days to a month.
Regional Plans: These plans cover several countries within a specific region, such as Europe, Asia, or North America. They are ideal for travelers visiting multiple countries on a single trip.
Global Plans: Designed for those traveling to many countries, these plans offer convenient internet access across a wide range of countries worldwide, with varying durations.
19. FlexSimX Contact Details
For more information about these Terms and Conditions, to provide feedback, or to make a complaint, you can
reach our team 24/7, 365 days a year through the following platforms:
- Email:
[email protected] -
WhatsApp: (this line is operated 09:00-17:00 Central European Time)