General terms
VivuEsim’s mission is to provide global data connectivity for every traveler. We provide our Platform and Services through AirGSM Pte Ltd, a company registered in Singapore at 6 Raffles Blvd, #03-308 Marina Square, Singapore 039594. We operate as an aggregator and marketplace for connectivity services. In other words: we identify the best data connectivity providers for each country or region and make their services available to customers through the VivuEsim marketplace. This is how we can offer eSIMs that help you stay connected in more than 200 countries worldwide.
Before you use the Services (eSIMs and related support services) or the Platform (our website, pages managed by VivuEsim and hosted on social media platforms, and our app), we ask you to read the terms and policies that apply to your use, including:
- These General terms, which always apply.
- Our Terms of use, which apply when you are a user of our Services.
- If you are a user of our Services but access to those Services is provided by a third party (for example, your employer or a VivuEsim partner), our Terms of use still apply, but they should be read together with your agreement with that third party. You may not have access to certain parts of our Services (for example, customer support) and you may be subject to different pricing and payment/refund processes. We are not responsible for any actions of, or agreements with, third parties; and
- Our Privacy policy and Cookie policy apply whenever we collect your personal information. Our Acceptable use policy and Refund policy apply whenever you use our Services.
(Together, these are referred to as our Terms.)
Your use of our Services and Platform is conditional on your acceptance of our Terms. If you do not accept or cannot comply with these Terms, you must not access or use our Services or Platform. You agree to these Terms by using our Platform or Services, or by browsing, registering, or otherwise using our app.
We may update our Terms from time to time. We will do our best to notify you if any changes are material. Any changes take effect from the date they are published. If you no longer wish to accept our Terms, you should stop using the Services or Platform after the updated Terms are published.
Third parties. Where our Services or Platform include links to, or are hosted on, third-party websites or social media platforms (for example, our payment service providers, Facebook, or Instagram) and those third parties have separate terms of use, you agree to comply with those terms in addition to these Terms.
Sharing information with VivuEsim. Your privacy matters to us. The personal data we collect about you when you use our Services or Platform will be handled in accordance with our Privacy policy and Cookie policy.
Intellectual property. All intellectual property rights in our Platform and Services are owned by, or licensed to, VivuEsim. This includes copyright (including in our computer software), trademarks, know-how, trade secrets, and the design, compilation, and interface of our Platform (together, intellectual property). When using our Platform and Services, you agree to use them only for their intended purpose and in accordance with these Terms. We appreciate your feedback. If you provide feedback, we may choose to incorporate it into our Platform or Services, and you acknowledge that no intellectual property rights arise in connection with such feedback and no compensation will be payable to you.
Disclaimer. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT WE DO NOT COMPLY WITH THESE TERMS, WE WILL BE RESPONSIBLE FOR YOUR FORESEEABLE LOSS AND DAMAGE, AND OUR TOTAL LIABILITY (AND THAT OF OUR AFFILIATES) TO YOU IN ANY CIRCUMSTANCES IS LIMITED TO A TOTAL AMOUNT OF USD 100.00 (ONE HUNDRED US DOLLARS).
OUR SERVICES AND PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IN PARTICULAR, WE DO NOT GUARANTEE THEY WILL ALWAYS BE AVAILABLE AT ALL TIMES, NOR DO WE GUARANTEE THE QUALITY OF CONNECTIONS OR UNDERLYING NETWORKS. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL IMPLIED CONDITIONS, WARRANTIES, REPRESENTATIONS, OR OTHER TERMS THAT MAY APPLY TO THE PROVISION OF OUR SERVICES AND WEBSITE. TO THE EXTENT PERMITTED BY LAW, YOU WILL INDEMNIFY US (AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AND CONTRACTORS) FOR ANY THIRD-PARTY LEGAL PROCEEDINGS (INCLUDING GOVERNMENT ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR UNLAWFUL USE OF OUR SERVICES OR YOUR BREACH OF THESE TERMS.
Governing law and courts. Regardless of the country from which you access our Services or Platform, these Terms and any dispute or claim arising out of or in connection with them will be governed by and construed in accordance with the laws of England and Wales, and the courts of England and Wales will have exclusive jurisdiction.
Class action waiver. You agree that you waive the right to participate as a plaintiff as a member of any class action. Any dispute resolution proceedings must be conducted on an individual basis and not in a class, consolidated, or representative action.
Enforcement. If any part of these Terms is legally unenforceable, that part will be severed to the extent it is unenforceable, and the remaining provisions will remain enforceable.
Contact us. If you have any questions about these Terms, please contact [email protected]. If you need support related to the Services or Platform, please contact us at [email protected], or through the support features available in the app.
