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Terms of service

Thank you for selecting YESIM!

These Terms of Service ("Agreement" and/or "ToS") are binding and govern the relationship between the User ("You" and/or "User") and GENESIS GROUP AG, CHE-135.623.633, legal address: Bahnhofstrasse 4, 6340 Baar, Switzerland (hereinafter, "YESIM").

By creating an Account, accessing, purchasing, using or continuing to use any YESIM Product or Service, You enter into a legally binding agreement with YESIM, which consists of:

  • These ToS;
  • Acceptable Use Policy;
  • Product Description published on the YESIM Application.

These ToS, Acceptable Use Policy and Product Description together constitute the "Terms".

YESIM processes personal data in accordance with the Privacy Policy published at https://yesim.tech/privacy-policy/, including Agreement on the Storage of the Cardholder’s Credentials published at https://yesim.tech/cof/.

1. DEFINITIONS

  1. 1.1. "Acceptable Use Policy" or "AUP" means the acceptable use policy published by YESIM at https://yesim.tech/acceptable-use-policy/, as amended from time to time.
  2. 1.2. "Account" means the personal user account created or maintained in the YESIM Application, through which YESIM Products and Services may be accessed, purchased and managed, whether by the User directly or on behalf of a Company.
  3. 1.3. “Add-On” means an optional supplementary service or feature that may be purchased only together with, and as an addition to, a YESIM Product or Service, as further specified in the applicable Product Description. A combination of a primary YESIM Product or Service and one or more Add-Ons purchased in a single transaction constitutes a Bundle. An Add-On cannot be purchased, activated, upgraded, renewed or extended on a standalone basis unless YESIM expressly states otherwise in the applicable Product Description.
  4. 1.4. “Bundle” means a combination of a primary YESIM Product or Service and one or more Add-Ons purchased by the User in a single transaction through the YESIM Application, as made available by YESIM from time to time. The eligible combinations, applicable Bundle pricing and conditions governing each component, including validity periods, are as specified in the applicable Product Description.
  5. 1.5. "Company" means a legal entity that has entered, or intends to enter, into a contract with YESIM for the provision of YESIM Products or Services. Where a Company provides access to YESIM Products or Services to its employees, representatives, contractors or other authorized persons, such individuals shall be deemed Users for the purposes of the Terms. The Company shall ensure that all such individuals comply with these ToS and the Acceptable Use Policy. These ToS and the Acceptable Use Policy apply to any Company and its authorized persons to the extent not inconsistent with the terms of the agreement executed between the Company and YESIM; in the event of a conflict between the Terms and such agreement, the agreement between the Company and YESIM shall prevail with respect to the subject matter of that agreement.
  6. 1.6. "Data" means mobile data allowances in accordance with the YESIM Data Plan selected and purchased by the User.
  7. 1.7. "Data Plan" means a data offer that the User may purchase via the YESIM Application, specifying the amount of Data available, the applicable time period and the price.
  8. 1.8. "Effective Date" means (a) with respect to these ToS, the date indicated at the end of this document; and (b) with respect to any amendment to any part of the Terms, the date of its publication in the YESIM Application, unless a later date is specified in the amendment itself.
  9. 1.9. "eSIM" means an embedded universal integrated circuit card (eUICC), a form of programmable SIM that is embedded directly into a device of the User, necessary for use of certain YESIM Services and Products.
  10. 1.10. "Terms" means, collectively, these ToS, Product Descriptions and the Acceptable Use Policy.
  11. 1.11. "Intellectual Property Rights" means all rights associated with works of authorship (including copyrights, designs, moral rights and mask work rights), trademarks, service marks, trade dress, logos, trade names, domain names, corporate names and associated goodwill, trade secrets and know-how, patent rights, and all other proprietary rights of any kind, whether registered or unregistered, existing anywhere in the world.
  12. 1.12. "Participating Member Operator" means each of the operator partners of YESIM in whose networks the YESIM eSIM/SIM may be used by the User.
  13. 1.13. "Privacy Policy" means the privacy policy published by YESIM at https://yesim.tech/privacy-policy/, as amended from time to time.
  14. 1.14. "Product Description" means the description of a specific YESIM Product or Service as displayed in the YESIM Application and/or on the Website (https://yesim.tech/) at the time of purchase, including, as applicable, the product type, service scope, supported features and functionality, included allowances, quotas or usage parameters (including data volume, traffic limits or other measurable units), applicable fees, supported destinations, countries, territories or geographic zones, validity period, activation conditions, technical prerequisites, and any applicable restrictions, exclusions, eligibility criteria or other service-specific conditions. Each Product Description is incorporated into the Terms by reference and forms an integral part of the Terms for the duration of the applicable service period.
  15. 1.15. "Subscription" means the subscription plan purchased by the User for the Data Plan or other Service offered by YESIM, specifying the subscription period, pricing, and any applicable usage conditions, as set out in the applicable Product Description.
  16. 1.16. "Top-Up" means any purchase or replenishment made by the User in relation to YESIM Products and Services through the YESIM Application or by any other purchase flow made available by YESIM, including: (a) the purchase of YCOINS balance; and/or (b) the funding, recharge or replenishment of the balance, allowance or usage capacity of any YESIM Product or Service, in each case in accordance with the applicable payment mechanics, billing model and Product Description published by YESIM on the Website or in the YESIM Application.
  17. 1.17. "User" (and/or "You") means: (a) an individual (natural person) who has opened an Account with YESIM and has, or is about to, associate a valid YESIM Product or Service with such Account; or (b) an individual who accesses or uses YESIM Products or Services through an Account maintained or funded by a Company, including any employee, representative, contractor or other authorized person of such Company.
  18. 1.18. "YCOINS" means the point-based loyalty program offered by YESIM, as further described in Section 8.
  19. 1.19. "YESIM Application" or "YESIM App" means the proprietary software application offered by YESIM, including, as applicable, any web-based interface, the browser version ("Website") available at https://yesim.tech/ or online platform operated by or on behalf of YESIM through which YESIM Products or Services may be accessed, purchased or managed.
  20. 1.20. "YESIM Products and Services" means the eSIM (or SIM), Data Plans, YCOINS, and any other products, services, features or functionalities offered by YESIM from time to time, in each case as described in the applicable Product Description (each a "Service" or "Product", as applicable).

2. GENERAL TERMS

  1. 2.1. These ToS govern the sale and use of YESIM Application and all YESIM Products and/or Services. The applicable Product Description for each Product or Service purchased by the User is incorporated into these ToS by reference and forms an integral part hereof.
  2. 2.2. YESIM Products and Services are designed primarily for international travellers and persons temporarily located outside their country of residence. The Data Plans, eSIM and any other YESIM Product or Service are intended as supplementary, travel-oriented communication tools and are not designed, marketed or offered as a replacement for permanent domestic telecommunications services.
  3. 2.3. The Privacy Policy, the Agreement on the Storage of the Cardholder’s Credentials, these ToS including the Acceptable Use Policy and all Product Descriptions form the general terms governing YESIM Services and are binding on the relationship between each User (and the Company, where applicable) and YESIM, unless specifically governed by a separate agreement or by special terms of service applicable to specific products.
  4. 2.4. YESIM and the User are independent parties. Nothing in the Terms shall be construed as creating any agency, partnership, joint venture, employment or franchising relationship between YESIM and the User.
  5. 2.5. The headings and titles and Definitions of these ToS are for convenience, facilitation and ease of reference only and shall not be used in any way to construe or interpret the ToS.
  6. 2.6. YESIM is not a telecommunications operator or provider. YESIM acts solely as a distributor and aggregator of communication services, connectivity and related digital services made available through its technology and network partners. YESIM does not itself own, operate or control any telecommunications network or infrastructure and does not itself provide licensed telecommunications services made available through the YESIM Application.
  7. 2.7. YESIM declares a zero-tolerance policy towards Users that violate Intellectual Property Rights. Any unauthorized copying, publication, reproduction or distribution of YESIM's and/or third Party's Intellectual Property is prohibited and is the subject of User's liability, as set in these ToS, applicable law and legal acts.
  8. 2.8. YESIM reserves the right to amend the Terms (in whole or in part) at any time by publishing the amended version in the YESIM Application. Unless specified otherwise, any amendment shall take effect on the date of its publication (the Effective Date of such amendment).
  9. 2.9. Where an amendment materially reduces the User's rights, materially increases the User's obligations, or materially affects the functionality of a Service during an active Subscription period, YESIM shall use reasonable efforts to notify affected Users as soon as practicable by any available communication channel, including push notifications, in-app alerts or email to the address associated with the User's Account.
  10. 2.10. If You do not agree with the Terms or any amendment thereto, You must stop using the YESIM Application, YESIM Products and Services immediately. Continued use of the YESIM Application, YESIM Products and Services after the Effective Date of any amendment constitutes the User's acceptance of the updated Terms.
  11. 2.11. By creating an Account, accessing, purchasing or continuing to use any YESIM Product or Service, You confirm that You have read, understood and agree to be bound by any changes, amendments or updates to the present Terms. By completing each purchase of any YESIM Product or Service, the User accepts the Terms (including the applicable Product Description) by way of adhesion. No separate signature or additional act of acceptance is required beyond the act of purchase.

3. TECHNICAL ISSUES

  1. 3.1. To use all YESIM Application functionality and/or particular YESIM Products and Services Your device shall support eSIM functionality. You are responsible for verifying eSIM compatibility in the settings of Your device prior to purchase.
  2. 3.2. The eSIM provided through the YESIM Application supports mobile data usage only, as defined by the Global System for Mobile Communications Association (GSMA). Voice calls, SMS and MMS cannot be made or received through the eSIM itself.
  3. 3.3. The YESIM Application only works on unlocked devices, which can use the YESIM Access Point Name (APN). For device configuration, please check our Help Center.
  4. 3.4. The YESIM Application and YESIM Products and Services require an active Internet connection for installation, activation and use. YESIM does not guarantee the availability, coverage, continuity, speed, quality or security of any Internet connection or network access used by the User, whether through the YESIM eSIM, Data Plans, Wi-Fi, third-party mobile networks, local network infrastructure or otherwise, and shall not be liable for any failure, interruption, degradation or unavailability resulting from the User’s location, signal strength, roaming conditions, third-party carrier limitations, Wi-Fi availability, network congestion or any other circumstance outside YESIM’s reasonable control. YESIM further does not guarantee that any YESIM Data Plan will operate on an uninterrupted, continuous or error-free basis.
  5. 3.5. YESIM does not guarantee compatibility of the YESIM Application or any YESIM Product or Service with all devices, operating systems or software configurations. The User is solely responsible for ensuring that the User's device meets the applicable technical requirements.
  6. 3.6. The User acknowledges that certain features of the YESIM Application may require the User to grant specific device permissions. Failure to grant the required permissions may result in the relevant Service being unavailable or limited.
  7. 3.7. No YESIM Products and Services, including the eSIM, supports calls or messages to emergency services (including 911, 112, or any equivalent emergency number in any jurisdiction). The eSIM and Data Plans provide data connectivity only and do not themselves enable the User to contact emergency services. The User must use a traditional mobile or landline telephone, or another service capable of contacting emergency services through the applicable local network, in any emergency situation. YESIM shall not be liable for any damages, losses, injuries or death arising from the User’s inability to contact emergency services through any YESIM Products and Services.

4. PRODUCTS AND SERVICES

  1. 4.1. General

    1. 4.1.1. YESIM may make available to Users, through the YESIM Application, various digital connectivity and communication products and services, including eSIM-enabled connectivity, Data Plans, YCOINS and any related features or functionality, in each case as further specified in the applicable Product Description. The exact scope, availability, technical parameters, territorial coverage, pricing, validity period, usage limits and eligibility requirements of each YESIM Product and/or Service are determined by YESIM and set out in the applicable Product Description.
  2. 4.2. eSIM

    1. 4.2.1. The eSIM is a digital SIM profile made available through the YESIM Application for use on an eSIM-compatible and unlocked device. The eSIM enables the User to access eligible YESIM Data Plans and related connectivity services without using a physical SIM card. Depending on the device and available YESIM offering, the same eSIM may be used with different YESIM Data Plans for different countries, regions or global coverage, as specified in the applicable Product Description. Installation, activation and use of the eSIM are subject to device compatibility, technical requirements and the instructions made available through the YESIM Application.
  3. 4.3. Data Plans

    1. 4.3.1. A Data Plan is a prepaid mobile data offer made available through the YESIM Application in relation to a supported country, region, city, global destination set or other coverage configuration designated by YESIM. Data Plans may be offered in different formats, including fixed-volume plans, unlimited plans, pay-as-you-go plans, day-based plans, or other billing models determined by YESIM from time to time. Each Data Plan is subject to the applicable Product Description, including the relevant destination or coverage zone, pricing, validity period, traffic allowances, fair usage conditions, activation rules and other service-specific terms. Unless expressly stated otherwise, a Data Plan provides data connectivity only and does not itself include voice calling or SMS functionality.
    2. 4.3.2. A Data Plan may be marketed or identified under a specific commercial name, including “Pay & Fly”, as further specified in the applicable Product Description.

5. USE OF YESIM APPLICATION

  1. 5.1. General

    1. 5.1.1. To use the YESIM Application, YESIM Products and Services, You must register an Account by completing the registration form and providing the information requested. You must provide true, accurate, current and complete information, and keep it updated. As part of the registration process, You must provide an email address (which will serve as Your login), a password, and a valid payment method. Upon creation of the Account, YESIM will send a confirmation notice to the email address provided.
    2. 5.1.2. YESIM Products and Services may only be sold to and used by persons 18 years of age (or the age of legal majority in the User's country of residence, if higher). By creating an Account, You represent and warrant that You meet this age requirement.
    3. 5.1.3. You are fully responsible for the use of the YESIM Application, YESIM Products and Services, and the eSIM/SIM. Under no circumstances shall YESIM be liable for any loss, limitation of the functionalities available, expense or damage incurred or suffered by the User resulting from the User's misuse, fraud or non-conforming use of the YESIM Application, YESIM Products and Services and/or eSIM.
    4. 5.1.4. You are solely responsible for determining whether the access to, purchase, download, installation, possession, use or continued use of any YESIM Products and Services is lawful in the country, territory or jurisdiction in which You are located or from which You access or use such YESIM Products and Services. This applies, without limitation, to any local laws, regulations, licensing requirements, import or telecom restrictions, censorship rules, encryption controls or similar legal limitations that may apply in the relevant jurisdiction. YESIM does not represent or warrant that any YESIM Product or Service is permitted, lawful or compliant in every country or jurisdiction in which the User may be located at the time of access or use, and YESIM shall not be liable for the User’s use, attempted use or inability to use any YESIM Product or Service due to any such local legal or regulatory restrictions.
  2. 5.2. Identity Verification and KYC

    1. 5.2.1. YESIM may, at any time and at its reasonable discretion, or when required by applicable law, regulation or a request from a competent authority, require the User to provide documentation and information in order to verify the User's identity, legal capacity, residency status, or eligibility to use a particular YESIM Product or Service. All documents provided must be clear and legible.
    2. 5.2.2. You must provide YESIM with any identification, verification or other documentation upon YESIM's request, within the timeframe specified by YESIM. Failure to provide requested documentation within the specified timeframe or in requested form may result in suspension or restriction of Your Account or specific YESIM Products or Services.
    3. 5.2.3. Unless YESIM expressly requests otherwise, all documents required under Clauses 5.2.1 and 5.2.2 shall be submitted as digital copies (scan or photograph) via email or via the YESIM Application or another channel specified by YESIM.
    4. 5.2.4. YESIM may use third-party service providers, contractors or technology partners to perform identity verification, KYC, fraud prevention, sanctions screening and related compliance checks on its behalf. The User acknowledges and agrees that, for such purposes, YESIM may share the information and documentation provided under this Clause 5.2 with such third parties in accordance with applicable law and the Privacy Policy.
    5. 5.2.5. YESIM may, at any time and in its reasonable discretion, impose limitations on, suspend or terminate Your Account and use of YESIM Products and Services, without liability to You, if You fail to comply with the requirements set out in Clauses 5.2.1 and 5.2.2.
  3. 5.3. Account Security

    1. 5.3.1. You are responsible for maintaining the security and confidentiality of Your Account credentials (login, password and any other authentication data) and for all activities occurring under Your Account. You shall not share Your credentials with any third party. YESIM shall not be liable for any loss or damage arising from Your failure to comply with this Clause, subject to the limitations of liability set out in Section 12. You must notify YESIM immediately of any unauthorized use of Your Account, Login or Password or any other violation of Your security by contacting support@yesim.app.
    2. 5.3.2. YESIM reserves the right to refuse registration of, or to cancel, any Account at its discretion, including where YESIM reasonably suspects fraudulent, abusive or unauthorized activity.
    3. 5.3.3. You agree that all activities occurring under Your Account (including accepting the Terms, making purchases, activating services, and making payments) shall be deemed to have been performed by You, and You are solely responsible for such activities, unless they are the direct result of a Force Majeure Event.
    4. 5.3.4. YESIM shall not be liable for any loss or damage arising from Your failure to maintain the confidentiality of Your Account credentials or from unauthorized access to Your Account that is not attributable to YESIM.
  4. 5.4. Account Termination and Inactivity

    1. 5.4.1. You may request the termination of Your Account at any time by submitting a request to: support@yesim.app or using the Contact Support form. Upon termination, YESIM shall disconnect the User's access to Services and/or YESIM Products. Termination of the Account does not entitle the User to any refund for unused Subscriptions, prepaid Data, YCOINS, or other prepaid services, except as expressly provided in Section 7.
    2. 5.4.2. If the User does not use the YESIM Application for any continuous period of 180 (one hundred eighty) days, YESIM reserves the right to deactivate or delete the User's Account and terminate all associated Services, without prior notice and without any refund, repayment or compensation.
  5. 5.5. Penalties

    1. 5.5.1. In the event of a material breach of any terms and restrictions set out in the Terms, YESIM is entitled, without prior notice and at its sole discretion, to suspend or terminate Your Account and any Products and Services associated with Your Account, and/or restrict, suspend or terminate Your access to and use of the YESIM Application and other YESIM Products and Services.
    2. 5.5.2. The User acknowledges that the enforcement measures described in Clause 5.5.1 are contractual remedies applied in response to the User's breach. YESIM's liability for any loss arising from the application of such measures shall be governed by, and limited to, the provisions of Section 12.
  6. 5.6. Promotional Programs

    1. 5.6.1. Promotional campaigns, promo codes, discounts, referral programs and any similar incentive programs offered by YESIM (collectively, "Promotional Programs") are provided solely for eligible Users and strictly in accordance with the terms, conditions and limitations applicable to each specific Promotional Program as may be published and amended from time to time.
    2. 5.6.2. Unless expressly stated otherwise in the applicable Promotional Program rules, Promotional Programs are intended exclusively for new Users and/or for use within the scope, duration and conditions of a particular promotion.
    3. 5.6.3. You may participate in Promotional Programs only in accordance with the applicable rules and limitations established by YESIM. Any participation beyond the permitted scope or contrary to the applicable rules is not allowed.
    4. 5.6.4. The following actions constitute abuse of Promotional Programs and are strictly prohibited (non-exhaustive list):

      1. (a) creating, using or controlling multiple Accounts by You, directly or indirectly, for the purpose of participation in Promotional Programs;
      2. (b) using temporary, fictitious, misleading, third-party or otherwise inaccurate personal, registration or payment data;
      3. (c) taking any actions aimed at circumventing, bypassing or manipulating the limitations, eligibility criteria or technical safeguards of Promotional Programs;
      4. (d) engaging in any other actions or patterns of behaviour that YESIM reasonably determines to constitute abuse, misuse or violation of the rules of Promotional Programs.
    5. 5.6.5. Any violation or attempted violation of the rules governing Promotional Programs shall constitute a material breach of these ToS. YESIM reserves the right, at its discretion and without prior notice, to:

      1. (a) immediately suspend or terminate the User's Account and terminate the Agreement; or
      2. (b) cancel, revoke or invalidate any bonuses, discounts, credits, promotional benefits or other advantages obtained by the User, without compensation or reimbursement. The application of these measures shall not limit YESIM's other rights or remedies under the Terms or applicable law.
    6. 5.6.6. YESIM shall have the right to independently determine whether Your actions constitute a violation or abuse of Promotional Programs and to apply the measures described in Clause 5.6.5 without prior notice to You.
  7. 5.7. Product Duration and Allowances

    1. 5.7.1. Each YESIM Product or Service is provided for the validity period, Subscription period specified in the applicable Product Description, commencing upon activation. Products may be purchased individually or together, or as a Bundle, and may have different activation dates, validity periods, and renewal terms.
    2. 5.7.2. The Product or Service is activated as displayed in the YESIM Application.
    3. 5.7.3. Any unused allowances (data or other included units) expire at the end of the applicable validity period or Subscription period and are NOT carried over, refunded, or compensated, unless expressly stated otherwise in the Product Description.

6. PAYMENTS, FEES AND TOP-UP

  1. 6.1. General

    1. 6.1.1. All prices, fees and charges for YESIM Products and Services are as displayed in the YESIM Application, on the Website and/or in the applicable Product Description at the time of purchase. YESIM reserves the right to change prices, fees and pricing mechanics for future purchases at any time; however, such changes shall not affect purchases already completed, unless otherwise required by applicable law or expressly stated in the applicable Product Description.
    2. 6.1.2. YESIM performs a minimum charge of EUR 0.5 to verify each new card added by the User. This amount is refunded to the User’s balance in the form of EUR 0.5 in YCOINS.
    3. 6.1.3. Unless expressly stated otherwise in the applicable Product Description, all YESIM Products and Services are provided on a prepaid basis only. YESIM Products and Services are activated or made available only after YESIM has received the applicable payment in full.
    4. 6.1.4. The User may make payments using the payment methods made available by YESIM in the YESIM Application, on the Website or in the relevant checkout flow, which may include credit or debit card, YCOINS and other payment methods offered by YESIM from time to time. The availability of particular payment methods may vary depending on the relevant YESIM Product or Service, the User’s location, the applicable checkout flow or other criteria determined by YESIM or the relevant payment provider. YESIM reserves the right to add, remove or modify available payment methods without prior notice.
    5. 6.1.5. YESIM may make available an internal balance or loyalty-based payment functionality, including YCOINS, which the User may Top Up, hold and use toward the purchase of selected YESIM Products and Services, in whole or in part, subject to the relevant checkout flow, Product Description and any usage limitations communicated by YESIM at the time of purchase. The availability, redemption mechanics and treatment of YCOINS shall be governed by these Terms and the applicable Product Description, where relevant.
  2. 6.2. Add-On and Bundle Payments

    1. 6.2.1. YESIM Products and Services may be purchased individually, as Add-Ons to an eligible primary Product or Service. Where purchased together in a single transaction, such combination may constitute a Bundle. The applicable purchase conditions, eligible combinations and pricing for Add-Ons and Bundles are as specified in the applicable Product Description.
    2. 6.2.2. Unless YESIM expressly states otherwise in the applicable Product Description, an Add-On cannot be purchased, activated, upgraded, renewed, extended or supplemented on a standalone basis.
    3. 6.2.3. A Bundle constitutes a single transaction comprising a primary YESIM Product or Service and one or more Add-Ons. Each Add-On forming part of a Bundle is subject to the rules set out in Clause 6.2.2. The Bundle price is as specified in the applicable Product Description and may differ from the aggregate price of the individual components if purchased separately.
  3. 6.3. eSIM and Data Plan Payments

    1. 6.3.1. After registration of the Account, the User’s eSIM will not be preloaded with Data. The Data must be purchased separately by selecting the YESIM Data Plan offered via YESIM Application. After purchase, YESIM shall make available to You the QR code and/or activation details for installation of Your eSIM profile on Your device, as further described in the YESIM Application and the applicable installation instructions.
    2. 6.3.2. The eSIM profile may be installed on Your device using one of the following methods made available through the YESIM Application: (a) fast installation, which initiates the installation directly through the YESIM Application without requiring a second device; (b) QR code installation, by scanning the QR code provided by YESIM using a second device or the device’s camera where supported; or (c) manual installation, by entering the activation details provided by YESIM in Your device settings. If You are installing the eSIM on the same device from which You are accessing the QR code, You must use fast installation option or send the QR code to another device for scanning. Detailed installation instructions are available in the YESIM Application. Your eSIM profile details will be available in the Account and sent to the email address associated with the Account.
    3. 6.3.3. After payment, the eSIM will be loaded with the Data specified in the selected Data Plan and will be active in the countries or zones specified in the YESIM Application for that Data Plan. The User may control and disable certain countries from usage where this functionality is available.
  4. 6.4. Recurring Payments and Authorization

    1. 6.4.1. All the payments in connection with YESIM Services and/or Products shall be made in advance with Top-up unless expressly specified otherwise.
    2. 6.4.2. Where available, the User may enable Automatic Recurring Billing by selecting the relevant option in the Account. By enabling Automatic Recurring Billing, the User authorizes YESIM to charge the User's payment method on file at regular intervals in accordance with the parameters set by the User.
    3. 6.4.3. For Data Plans, YESIM may initiate an automatic payment when:

      1. (a) the available Data falls below 30% of the total allowance; or
      2. (b) 1 (one) day before the expiration of the current Data Plan period.

      Such payments will repeat the User's most recent Data Plan purchase.
    4. 6.4.4. Automatic payments may continue over a fixed period or indefinitely until cancelled by the User. The User may cancel Automatic Recurring Billing at any time through the YESIM Application settings. Cancellation takes effect for the next billing cycle; it does not affect charges already incurred or processed.
    5. 6.4.5. By making the first purchase or Top-Up, the User gives consent and authorizes YESIM to store the payment method details and to automatically debit such payment method for any future purchases, Top-Ups, subscription renewals and other charges arising under the User's Account, unless the User revokes this authorization in the Account settings.
  5. 6.5. Taxes and Additional Charges

    1. 6.5.1. All fees displayed in the YESIM Application are inclusive of applicable taxes, unless otherwise stated. If any additional tax, duty, levy or governmental charge becomes applicable to a transaction after the time of purchase, such amount may be charged to the User in accordance with applicable law.
    2. 6.5.2. YESIM is not responsible for any fees, charges, exchange rate differences or other costs imposed by the User's bank, payment provider or card issuer in connection with payments to YESIM.
  6. 6.6. Failed and Unauthorized Payments

    1. 6.6.1. YESIM disclaims any liability for unsuccessful payments where the cause is attributable to the User or the User's bank or payment provider, including but not limited to: expired or incorrect card details, insufficient funds, card limits exceeded, fraud blocks by the issuing bank, location-based restrictions, or other errors on the User's or bank's side.
    2. 6.6.2. If the User has any billing concern, refund request, complaint or payment dispute, the User shall first contact YESIM customer support and provide YESIM with a reasonable opportunity to review and resolve the matter in good faith. YESIM reviews such requests on an individual basis and aims to assess each case fairly and in accordance with applicable law and these Terms.
    3. 6.6.3. If the User initiates an improper chargeback, payment reversal or cancellation of a payment for a validly delivered Product or Service, YESIM may immediately suspend or terminate the User's Account and pursue recovery of the amount owed, including any administrative costs incurred. YESIM reserves the right to report such cases to credit reporting agencies, payment processors and law enforcement authorities.
  7. 6.7. Amendments to Product Description

    1. 6.7.1. YESIM reserves the right to amend the Product Description for future purchases at any time by updating the product information in the YESIM Application. Such amendments do not affect Products or Services already purchased and active, unless the amendment is required by law or regulation, or unless the User renews the Product or Service after the amendment takes effect, in which case the amended Product Description applies to the renewal. Where possible, the User will be informed of material amendments directly by means of the YESIM Application or email. The Product Description applicable to each purchase is the description in effect at the time the purchase is completed, as confirmed in the User's order confirmation or purchase receipt.

7. REFUND

  1. 7.1. General Refund Conditions

    1. 7.1.1. Refunds are available for YESIM Products and Services purchased through the YESIM Application or Website, including as part of a Bundle, provided that the relevant Product or Service has not been activated, used or consumed, in whole or in part, at the time of the refund request. Refund requests must be submitted within 30 (thirty) calendar days from the date of purchase. Requests submitted after this period shall not be processed, except in the case of a confirmed technical malfunction notified in accordance with Clause 7.1.3.
    2. 7.1.2. A Product or Service shall be deemed activated or used upon the earliest of: (a) activation of the eSIM profile on the User’s device; (b) commencement of the applicable Subscription period or validity period; (c) connection to a mobile network or commencement of data; or (d) any other event specified in the applicable Product Description as constituting activation or use. For the avoidance of doubt, for day-based plans (including the Unlim Day Pass), a day shall be deemed used once the User’s device connects to a mobile network and the relevant 24-hour usage period begins.
    3. 7.1.3. Requests made after 30 (thirty) calendar days from the date of purchase shall not be processed, except for justified requests based on confirmed technical malfunctions of the YESIM Application, which were duly notified to YESIM within 1 (one) hour of the occurrence of the respective technical malfunction via support@yesim.app or Help/Contact support functionality in the YESIM Application.
    4. 7.1.4. Any refund request shall be reviewed within 15 (fifteen) business days of receipt.
    5. 7.1.5. Refunds shall be made using the same payment method used for the original purchase. Where the original purchase was made using YCOINS, the refund shall be made exclusively in YCOINS. Where the refund amount is EUR 10 or less, the refund shall be made in YCOINS only, regardless of the original payment method.
    6. 7.1.6. The technical availability of a refund to the original payment method depends on the User’s payment provider, card issuer or bank. YESIM does not guarantee the timing of the credit on the User’s side and shall not be liable for any delays attributable to the User’s payment provider.
  2. 7.2. YCOINS Refunds

    1. 7.2.1. YCOINS are non-refundable and cannot be exchanged for cash or any other form of payment.
    2. 7.2.2. Notwithstanding the foregoing, the User may request a refund of purchased YCOINS in the event of confirmed technical malfunctions of the YESIM Application, which must be duly notified to YESIM within 1 (one) hour of the occurrence of the respective technical malfunction via support@yesim.app or Help/Contact support functionality in the YESIM Application. The User shall provide sufficient information and screenshots to enable YESIM to identify the problem.
  3. 7.3. Refund Process

    1. 7.3.1. If the User meets the applicable eligibility criteria, the User may request a refund by contacting YESIM via support@yesim.app or Help/Contact support functionality in the YESIM Application.
    2. 7.3.2. Once the request has been received, YESIM shall review the request and may contact the User with further instructions.
  4. 7.4. Additional Limitations and Remedies

    1. 7.4.1. Notwithstanding Clauses 7.1 - 7.2 above, and to the maximum extent permitted by applicable law, the following additional rules shall apply to all refund requests under these ToS.
    2. 7.4.2. No refund shall be due for any Service, Data, YCOINS or other Product that has been activated, used or consumed, whether in whole or in part.
    3. 7.4.3. If YESIM suspends or terminates a Service due to the User’s breach of these ToS, no refund shall be due for any unused portion.
    4. 7.4.4. If YESIM suspends or terminates a Service for reasons not attributable to the User, including any upstream provider suspension, partner restriction or regulatory action, YESIM may, at its reasonable discretion, offer the User a pro-rata credit in YCOINS. Any such YCOINS credit shall constitute the User’s sole and exclusive remedy in respect of the relevant suspension or termination.
    5. 7.4.5. Refund requests submitted to YESIM’s payment service provider, or through any channel other than those specified in Clause 7.3, shall not be processed.
    6. 7.4.6. YESIM reserves the right to withhold or delay a refund where YESIM has reasonable grounds to suspect fraud, abuse, a breach of the Terms, or an improper chargeback, payment reversal or other unauthorized payment dispute in relation to the User’s Account.
  5. 7.5. Refund Disputes

    1. 7.5.1. If the User disagrees with YESIM’s decision regarding a refund request, the User may submit a written complaint via support@yesim.app within 14 (fourteen) calendar days of receiving YESIM’s decision, stating the grounds for disagreement and attaching any supporting documentation. YESIM shall review the complaint and provide a final response within 15 (fifteen) business days.
    2. 7.5.2. If the dispute is not resolved through the procedure described in Clause 7.5, the User may pursue the matter in accordance with the dispute resolution provisions of these ToS. The User agrees to exhaust the complaint procedure set out in this Clause 7.5 before initiating any formal proceedings, to the extent permitted by applicable law.
    3. 7.5.3. Under no circumstances shall a refund dispute entitle the User to initiate a chargeback, payment reversal or similar action through the User’s bank or payment provider without first completing the applicable procedure set out in Clauses 7.3 and 7.5. Any chargeback or payment reversal initiated in violation of this Clause shall constitute a material breach of the Terms.
  6. 7.6. Marketplace Purchases

    1. 7.6.1. If any YESIM Product or Service is purchased through a third-party marketplace, app store or other sales platform (a "Marketplace"), the refund, return, cancellation and payment dispute rules of such Marketplace shall prevail to the extent applicable.
    2. 7.6.2. If the User has any questions regarding such purchase, the User may contact YESIM via support@yesim.app. However, if no refund, credit or other compensation is available under the applicable rules of the relevant Marketplace, YESIM shall have no obligation to provide any separate refund, compensation or other remedy in respect of such purchase.

8. YCOINS

  1. 8.1. YESIM offers to its Users the point-based loyalty program "YCOINS", which provides the ability to earn and/or buy YCOINS and to use them for purchasing Data Plans and any other Products and Services provided by YESIM.
  2. 8.2. You may use YCOINS via YESIM Application only and for purchasing YESIM Products and Services only.
  3. 8.3. YCOINS may be earned both:

    1. (a) by purchasing them via YESIM Application with the respective provided payment method (Section 6); and
    2. (b) by receiving them as a bonus for participating in Promotional Programs published via YESIM Application.
  4. 8.4. Unless expressly stated otherwise in the applicable Promotional Program, any YCOINS awarded as a purchase-related bonus (cashback) in respect of a Data Plan shall be received only where such Data Plan is purchased using a valid payment method accepted by YESIM. No such YCOINS shall be received in respect of purchases made using YCOINS or any other promotional, bonus, complimentary or non-monetary credit.
  5. 8.5. YCOINS are not refundable and the User cannot exchange YCOINS for money and/or other funds. YCOINS are not electronic money, a payment instrument, a stored-value product, a virtual currency or a financial instrument within the meaning of any applicable law. YCOINS represent a contractual right to apply a credit towards the purchase of YESIM Products and Services within the YESIM Application only, and carry no monetary value outside of this purpose.
  6. 8.6. In case of termination, suspension of Your Account due to Your violation or breach of these ToS, You will lose any and all YCOINS accumulated in Your Account.
  7. 8.7. PLEASE NOTE:
  8. 8.7.1. YCOINS may be subject to an expiration date determined by YESIM from time to time and communicated through the YESIM Application, the applicable Promotional Program terms, or otherwise at the time the relevant YCOINS are granted, purchased or credited to the User's Account. Any YCOINS not used before the applicable expiration date shall automatically expire, be forfeited and may not be reinstated, refunded or exchanged for cash or any other form of value. Upon such expiration, YESIM's obligations in respect of the relevant YCOINS shall be deemed fully performed.
  9. 8.7.2. When You make a purchase for the first time (e.g. purchase of Data, other YESIM Products and Services) with YCOINS, which were received as a bonus or a gift (Clause 8.3(b)) – the security payment on amount of EUR 0.50 (fifty-eurocents) will be requested and/or debited from the payment method, specified in Your Account (e.g. credit card), to prevent risks of fraudulent use of Your YCOINS. The security payment will be used to top-up the balance of Your YCOINS.
  10. 8.7.3. Security payment shall not be deemed as a purchase, and the amount of security payment will not be taken into account when calculating bonuses in Promotional Programs and other programs of YESIM.

9. USER'S WARRANTIES AND GENERAL OBLIGATIONS

In addition to the obligations and warranties of You/User set forth in other Sections of these ToS, by accepting these ToS:

  1. 9.1. You authorize YESIM and their payment service provider to collect, operate, check, store and process Your credit card and other Payment method data and information. Please note that this information will be stored on the payment service provider's servers, whose security measures comply with all necessary regulations relevant to operating, storing and processing such information. As User, You confirm, acknowledge, represent, agree and warrant that you have and will have full power and authority:

    1. (a) to provide YESIM and their payment service provider with Your payment information, credit card and/or other Payment method data and information;
    2. (b) to authorize YESIM and their payment service provider to collect, operate, check, store and process Your credit card and other Payment method data and information.
  2. 9.2. You shall use the YESIM Products and/or Services in compliance with the Terms and all applicable laws/legal acts (including but not limited to policies and laws related to personal data, intellectual property right and other civil right protection, policies and laws regulating civil and commercial deeds, policies and laws related to data spamming, privacy, obscenity, or defamation).
  3. 9.3. You shall NOT use the YESIM Application, Products and Services in other means and ways and for other purposes than provided by such Products and/or defined in these ToS.
  4. 9.4. You shall NOT copy the code, not adapt, not reverse engineer, not decompile or not attempt to modify or copy the source code of the YESIM Application and YESIM other Products and Services. Any such attempt will be considered a violation of intellectual property right and might result in prosecution.
  5. 9.5. You represent and warrant that You are not subject to any sanctions, embargoes or other restrictive measures enacted by Switzerland, the European Union, the United States, the United Nations or any other applicable jurisdiction. You shall not use YESIM Products or Services for any purpose that would violate such sanctions or restrictions, or that would cause YESIM to be in breach thereof. You shall not commit, encourage or facilitate any criminal, administrative or other unlawful activity, including but not limited to: fraud, identity theft, impersonation, spamming, distribution of unsolicited communications, transmission of malicious software, or any attempt to affect the performance or functionality of the YESIM Application, YESIM Products and Services, or the networks and services of Participating Member Operators.

10. LIABILITY AND TERMINATION

  1. 10.1. In any case, when You violate the Terms and/or law/legal acts and other legal regulations, or if YESIM has reasonable grounds to believe, that You are in violation of any term, obligation, and/or warranty, set forth in the Terms and/or applicable law/legal acts, YESIM has the right in its own discretion to apply such penalties, preventive and punitive actions and disciplinary sanctions, as YESIM deems appropriate:

    1. (a) suspend or terminate Your Account and terminate the Agreement;
    2. (b) restrict, suspend or terminate the access and use of any YESIM Product or Service;
    3. (c) impose other restrictions on Your use of any features or functions of YESIM Application and YESIM and other Products.
  2. 10.2. YESIM may clear the User's balance, if User activity seems malicious swiping, and the risk of receiving fraudulent payment of accounts exists.
  3. 10.3. YESIM may terminate the Agreement and close or suspend the Account of the User and disconnect the User's access to YESIM Products or Services, if:

    1. (a) the User abuses YESIM Products or Services by improper usage, including for illegal or unethical purposes;
    2. (b) any information provided by the User is found to be false, misleading, incomplete or unauthorized;
    3. (c) the User breaches any obligation under the Terms;
    4. (d) the User fails to provide identity verification documentation within the timeframe specified by YESIM under Clause 5.2.2;
    5. (e) YESIM's upstream technology or network partner suspends, restricts or terminates the services used to provide the relevant YESIM Product or Service to the User;
    6. (f) a competent authority, regulatory body, law enforcement body or court orders or requests the suspension or termination of the User's Account or Service.
  4. 10.4. If the User fails to pay YESIM any fee or other payment according to these ToS, or User initiates an improper chargeback or cancels the payment on their credit or debit card YESIM may suspend or close access to Account and terminate the Agreement. YESIM, at its discretion, will report such cases to responsible credit reporting institutions and agencies, law enforcement authorities and relevant institutional bodies for investigation or prosecution of Users with outstanding amounts.
  5. 10.5. YESIM reserves the right to cooperate fully with governmental authorities and other authorized persons in the investigation of any suspected criminal, administrative or civil wrongdoing. Further, as it is set forth in other Sections of these ToS, in case of any violation of law / legal acts and other legal regulations, YESIM may and will disclose Your identity and contact information, requested by a state, governmental institutions, law enforcement body, court or other authorized institution or organization without prior notice to the User. YESIM's liability for any loss arising from such disclosure made in good faith and in accordance with applicable law shall be governed by Section 12. The User agrees not to bring any action or claim against YESIM arising solely from disclosure made pursuant to a lawful request or legal obligation.
  6. 10.6. YESIM shall suspend or terminate Account, Services and Agreement in case if required by state, governmental institutions, law enforcement body, court or other authorized institution or organization acting within its jurisdiction.
  7. 10.7. The User acknowledges that the enforcement measures applied by YESIM under this Section 10 are contractual remedies in response to the User's breach. YESIM's liability for any loss arising from the application of such measures shall be governed by Section 12.

11. NO WARRANTIES

  1. 11.1. ALL PRODUCTS AND/OR SERVICES PROVIDED BY YESIM ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," AND YESIM EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF OPERABILITY, CONDITION, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT.
  2. 11.2. THE PRODUCTS AND SERVICES PROVIDED BY YESIM ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, EXAMPLES SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATION SYSTEMS, MASS TRANSIT, DIRECT LIFE SUPPORT MACHINES, OR WEAPON'S SYSTEMS, IN WHICH THE FAILURE OF THE PRODUCTS OR SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). ACCORDINGLY, YESIM DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. USER AGREES THAT YESIM SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM OR RELATED TO THE USE OF YESIM PRODUCTS OR SERVICES IN HIGH RISK ACTIVITIES OR SIMILAR APPLICATIONS.

12. LIMITATIONS OF LIABILITY

  1. 12.1. IN NO EVENT SHALL YESIM BE LIABLE UNDER ANY LEGAL THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE) TO THE USER OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF BUSINESS OPPORTUNITY, REPUTATIONAL HARM, COST OF COVER, OR DAMAGES RESULTING FROM SERVICE INTERRUPTIONS, TRANSMISSION DELAYS OR FAILURES, LOSS OR THEFT OF DATA, OR UNAUTHORIZED ACCESS TO RECORDS, SOFTWARE OR OTHER INFORMATION, EVEN IF YESIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YESIM'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY THE USER TO YESIM DURING THE 3 (THREE) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, FOR THE SPECIFIC PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. THIS INCLUDES, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM THE USE OR INABILITY TO USE ANY YESIM PRODUCT OR SERVICE.
  2. 12.2. TO THE EXTENT THAT ANY PRODUCTS, SERVICES OR FACILITIES PROVIDED UNDER THESE TERMS ARE PROVIDED BY THIRD PARTIES PURSUANT TO AN ARRANGEMENT WITH YESIM, THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL EXTEND TO SUCH THIRD PARTIES. THE DISCLAIMERS AND EXCLUSIONS CONTAINED HEREIN ARE INDEPENDENT OF ANY EXCLUSIVE REMEDY AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF SUCH EXCLUSIVE REMEDY.
  3. 12.3. YESIM does not and cannot control the quality of the Participating Member Operators' networks or the infrastructure of its upstream technology through which Products and Services are provided, and therefore disclaims any and all liability arising from the performance, degradation or failure of such networks and infrastructure.
  4. 12.4. YESIM disclaims any and all liability for "unsuccessful payments" charged from your credit card and/or other payment method, if "unsuccessful payment" reasons are:

    1. (a) expired card or incorrect card number;
    2. (b) the card declined based on location;
    3. (c) there aren't sufficient funds on card;
    4. (d) the card is over its limit;
    5. (e) the card is blocked by the bank's fraud system;
    6. (f) other errors on the side of the User or User's bank.
  5. 12.5. The limitations and exclusions in this Section 12 shall not apply to liability that cannot be excluded or limited under applicable law.

13. CHANGES IN REGULATION

  1. 13.1. The User and YESIM understand and agree that regulators of the Participating Member Operators' networks, server providers, telecommunications authorities, or other bodies of competent jurisdiction may impose new or amended regulations on telecommunications or related services. If new regulations are imposed upon YESIM or its upstream providers that affect the provision of YESIM Products or Services, the User acknowledges that YESIM is authorized to make changes to the Terms, including any Product Description, or any YESIM Product or Service to reflect such regulations, and will post such changes via the YESIM Application/Website. Where such changes materially affect the User's rights, YESIM will use reasonable efforts to provide advance notice in accordance with Clause 2.9.
  2. 13.2. If any competent authority holds any term, condition or provision (or part of term, condition or provision) of the Terms, their changes, updates and amendments to be illegal, invalid, or otherwise unenforceable, or any term, condition or provision (or part of term, condition or provision) of the Terms, their changes, updates and amendments becomes illegal, invalid, or otherwise unenforceable due to the changes or amendments in applicable law, the remaining provisions (or portion of term, condition or provision) of the Terms shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

14. PERSONAL DATA

  1. 14.1. By creating an Account, accessing, purchasing, using or continuing to use any YESIM Product or Service, the User acknowledges that YESIM will collect, process, use and retain the User's personal data as described in the Privacy Policy. The legal bases for such processing include:

    1. (a) performance of the contract between YESIM and the User;
    2. (b) compliance with legal obligations;
    3. (c) YESIM's legitimate interests, including fraud prevention, security and service improvement; and
    4. (d) where applicable, the User's consent for specific processing activities.
  2. 14.2. YESIM may share personal data with third parties and service providers, as further described in the Privacy Policy.
  3. 14.3. Subject to applicable legal and contractual retention requirements, the User may request the deletion of their Account at any time by submitting a request to: support@yesim.app.
  4. 14.4. For full details on how YESIM collects, processes, stores and protects personal data, including the User's rights under applicable data protection law (including the right of access, rectification, erasure, restriction, portability and objection), please refer to the Privacy Policy.
  5. 14.5. The User acknowledges that YESIM may send to the User's registered email address mandatory service communications relating to the Terms, the Privacy Policy, other applicable policies, and any pricing, tariff or fee changes. Such communications form an essential part of the contractual relationship between YESIM and the User and do not constitute marketing communications. The User may not opt out of receiving such mandatory communications for so long as the User maintains an Account or uses any YESIM Products or Services.

15. FORCE MAJEURE

  1. 15.1. YESIM shall be excused from performance of its obligations under the Terms if such a failure to perform results from:

    1. (a) compliance with any requirement of applicable law, regulation, or judicial order;
    2. (b) any act of God, fire, explosion, flood, strike, embargo, terrorist attack, war, insurrection, or riot;
    3. (c) shortage of, or inability to obtain, appropriate labor, fuel, power, or raw materials;
    4. (d) any failure, malfunction, suspension or discontinuation of the User's equipment, Internet connection, or of any equipment, networks or services used by or otherwise provided to the User or to YESIM by a third-party provider;
    5. (e) or without limiting the foregoing, any other cause beyond the reasonable control of the excused Party, whether of the class of causes herein before enumerated or not (each of individually being a "Force Majeure Event").
  2. 15.2. Any delay resulting from a Force Majeure Event shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable under the circumstances.

16. FAIR USAGE POLICY

  1. 16.1. The use of YESIM Products and Services by the User is expected to be fair and reasonable. Excessive volume, duration or frequency of data use, determined at YESIM's sole discretion acting reasonably, will constitute abuse of usage privileges. YESIM reserves the right to monitor usage of Data and other YESIM Services, and to restrict, suspend or withdraw the Services supplied to the User at any time in case of overuse, abuse or usage patterns inconsistent with the intended purpose of the Service. YESIM will not be liable for reimbursement, compensation, or any subsequent loss of any YESIM Product or Service that is suspended, withdrawn or terminated under this Section.
  2. 16.2. Certain Services offered to You via YESIM Application or Website may be subject to product-specific fair usage limits, traffic management measures, throttling rules, usage restrictions or other fair usage conditions. The respective information and fair usage terms (if any) are available in the applicable Product Description or via the YESIM Application or Website. You shall read the respective information and fair usage terms prior to purchase. By purchasing and paying for a selected Service, You shall be deemed to have accepted the corresponding information and fair usage Terms.

17. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

  1. 17.1. Nothing in the Terms or in the Parties' course of dealing or performance hereunder shall transfer, assign, or grant to, or be claimed to transfer, assign, or grant any right, title, or interest in, or expressly or impliedly license, including by estoppel, statutory operation, or otherwise, other than as expressly granted, any Intellectual Property Rights of YESIM, its Affiliates, or any third party. YESIM and its Affiliates and licensors reserve all rights thereto, except the limited rights expressly granted to User hereunder.
  2. 17.2. All intellectual property rights in YESIM Application, Products and Services belong to YESIM. The purchase or use of such YESIM Products and Services by the User does not imply any transfer of intellectual property rights from YESIM to the User. The User shall not engage in any act or omission that would impair the Intellectual Property Rights of YESIM or its Affiliates or licensors in any YESIM product or service. For use of YESIM Trademarks and Brand, please request our team and we will provide Trademarks and Brand Use of Guidelines.

18. JURISDICTION AND DISPUTE RESOLUTION

  1. 18.1. The Terms shall be governed by and construed in accordance with the substantive laws of Switzerland, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
  2. 18.2. Any dispute, controversy or claim arising out of or in connection with the Terms or any YESIM Product or Service, including disputes regarding the validity, breach or termination thereof, shall be submitted to the exclusive jurisdiction of the ordinary courts of the Canton of Zug, Switzerland. The place of jurisdiction shall be the city of Zug. This Clause is subject to any mandatory consumer protection provisions of the User's country of residence that cannot be derogated from by agreement.

Effective Date: 15 June, 2026

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