July 2, 2024

Terms & Conditions

This Terms & Conditions ( "Agreement" and/or "Terms") are binding and governs the relationship between the Customer ("You" and/or "Customer") and Individual Entrepreneur Kovalchuk Nikita Yur’evich (hereinafter – “SimHub") this Terms are as follows:

DEFINITIONS

  1. "Сustomer" (and/or "You")  means an individual (natural person) who has opened an account with SimHubs and has or is about to associate a valid eSIM Mobile SimHub Product or Service.
  2. "SimHub" means the proprietary software application offered by SimHub;
  3. "eSIM" means embedded universal integrated circuit card (eUICC), a form of programmable SIM that is embedded directly into a device of the Customer, necessary for use of SimHub Services and Products;
  4. "SimHub Products" means, collectively "SimHub Application", "eSIM" (OR “SIM”) and any SimHub Services or Products offered for sale;
  5. "Intellectual Property Rights" means all of the following rights, collectively or individually and irrespective of whether registered or otherwise formalized, that may currently exist or may thereafter arise or be created anywhere in the world: rights associated with works of authorship, including, without limitation, exclusive exploitation rights, copyrights, designs, benefits of moral rights, and mask work rights; trademarks, service marks, trade dress, logos, trade names, domain names, and corporate names, together with all translations, adaptations, derivations, and combinations thereof and including all goodwill associated therewith; trade secrets and know-how; industrial property rights and all rights associated with patents, patent applications, provisional applications, continuations, continuations-in-part, re-examination certificates, utility models, invention registrations, and invention disclosures; other proprietary rights of every kind, including, without limitation, Confidential Information, rights, interests, and authorities existing pursuant to assignments, contracts, licenses, express or implied, and license registrations; and rights in or relating to applications, filings, registrations, renewals, extensions, derivatives, modifications, enhancements, combinations, divisions, reissues, and the like for any of the rights referred to in through of this definition;
  6. “Data” means mobile data allowances in accordance with the SimHub Data plan selected and purchased by the for using SimHub Services and Products;
  7. “Data Plan” means different Data offers, that Customer may purchase via SimHub Application, specifying the amount of Data, that Customer will be able to use within determined time period and for the determined price;
  8. "Provider" means each of the operator partners of SimHub in whose networks the SimHub may be used by the Customer;
  9. "Service(s)" or "SimHub Service(s)" means SimHub data plan(s) and any other data service provided and sold to the Customer.

GENERAL TERMS

  1. These Terms govern the sale and use of SimHub Application and other SimHub Products and Services.
  2. SimHub allows the Customer to connect and utilize internet access services and other kinds of services provided by third parties (the “Provider”). SimHub is an independent contractor, and not an employee, agent, joint venturer or partner of the Provider nor is Company authorized to incur any obligations or make any representations on behalf of the Providers, except those provided herein.
  3. SimHub acts as an intermediary service provider between the Customer and the Providers on a certain territory. Esim does not initiate the data transmission; does not select the receiver of the transmission; and does not select or modify the information contained in the transmission,  does not get an access to transferring information.
  4. Each Provider has observed registration obligations, as stated in its national law, in a country where the Providers are offering the Services to the Customers, and the Providers hold all licenses, certificates, permits and approvals necessary for the conduct of their business and the performance of its obligations towards the Customers during the term of this Agreement. SimHub makes no warranties in that respect.
  5. SimHub is not responsible for holding all licenses, certificates, permits and approvals necessary for provision of the Services by the Providers, and for validity of such approvals in full force and effect.
  6. The titles and Definitions of these Terms are for convenience, facilitation and ease of reference only and shall not be used in any way to construe or interpret the Terms.
  7. SimHub reserves the right to change, amend or update these Terms at any time, with or without prior notification to Customers, by publishing information about changes and amendments at ​​https://mesim.tilda.ws/ or by push-notifications. The prior notification is applied to any  significant change to the Terms and is not applied to changes, updates and/or amendments, concerning the additional functions and services of the SimHub Products, or other changes, amendments and updates, which, by the reasonable opinion of SimHub, does not reduce rights and/or increase the liabilities of Customers. Such changes, updates and amendments will take effect immediately, without prior notification to Customers.
  8. Changes, amendments and updates are in force on the date they are published. Changes, amendments and updates are dated, and the date is displayed at the end of such a document as an “Effective Date”.
  9. If You do not agree with these Terms, or their changes, amendments or updates, You shall stop the use of the SimHub Application, SimHub Services and/or Products immediately. Commencing and continuing to use of the SimHub Application, SimHub Services and/or Products shall clearly mean Customer’s acceptance of these.
  10. To use SimHub Application Your device shall support an eSIM. You shall check this information in the settings of Your device before buying Esim Products..
  11. SimHub only allows Data usage. All other services, including voice calls, SMS, and MMS cannot be made with the eSIM.
  12. The SimHub Application only works on unlocked devices, which can use the SimHub Access Point Name (APN).
  13. SimHub doesn’t use recommender systems in Esim Products. You make a choice of SimHub Products on your own. SimHub just  can recommend you to buy a new Data plan when yours is going to end.

USE OF SIMHUB, APPLICATION, PRODUCTS AND SERVICES

  1. SimHub Products and Services may only be sold to and used by persons 18 years old and above. You as the Customer are liable for the compliance to such terms. If the laws of the state of Your permanent residence provide for a different age of majority, then You, starting and continuing to use SimHub products, guarantee that You are  of the age of majority according to the laws of Your state.
  2. You are not allowed to use SimHub Products and Services staying in the country of your permanent residence. Starting and continuing to use SimHub products and Services  in such a way You guarantee that the laws of your permanent residence country  don’t provide for such prohibitions.
  3. Compliance with Laws: Customers must comply with all applicable laws and regulations of the country for which the SimHub Services are provided. SimHub is not responsible for Customers' failure to comply with such laws.
  4. You are responsible for maintaining the security and confidentiality of Your Account, Login, Password, and for any activities occurring from Your Account. SimHub reserves the right to refuse registration or cancel any Account if it deems inappropriate. You hereby agree that SimHub shall not be liable for any direct, indirect, punitive, incidental or consequential, actual, special, damages or any damages whatsoever arising from Your failure to comply with this Article.
  5. You have to notify SimHub immediately of any unauthorized use of Your Account, Login or Password or any other violation of Your security. You are responsible for all charges to Your Account until You notify SimHub of such circumstances.
  6. You unconditionally agree that all activities (including, but not limited to activities that directly or indirectly affine to accepting these Terms, their changes, amendments and updates, making orders, and payments, that occur under Your Account will be deemed to have been performed wittingly, directly and by You. You are purely and solely responsible for activities that arise from Your Account, unless these activities are the result of Events of Force Majeure.
  7. You may request the termination of their Account at any time by submitting a request to hello@simhub.me. Upon termination, SimHub shall disconnect this access to Services and/or SimHub Products for Customer.
  8. In the event that the Customer does not use the SimHub Application for any continuous period of one hundred eighty (180) days, SimHub reserves the right to invalidate the Esim Customer’s account and the Service without prior notice and without any refund, repayment or compensation.
  9. SimHub may at any time and in its reasonable discretion, impose limitations on, suspend or terminate Your Account and use of the SimHub Services and Products without being liable to You for damages and results, in case of Your failure to comply with the aforesaid requirements.

PURCHASE AND ACTIVATION

  1. SimHub may restrict the availability of plans to some countries. Customers can browse, select and purchase our plans on the SimHub Application.
  2. On purchase, customers must download the eSIM onto the customer device in order for the data plans to be configured as per your order. The downloaded eSIM shall continue to germain on your device after credit has been expended or your plan has expired. Customers can choose to remove the eSIM in their phone settings at any time, but we recommend that the customer do not remove eSIM until their plan has been depleted or expired.
  3. To implement Service, the customer must first download the eSIM, then activate the data plan attached to the SimHub in order for service to commence. This downloading eSIM and the activation of the plans may require stable internet connection.
  4. You may register and buy the eSIM on the SimHub Application. Payment may be processed through an authorized agent of SimHub.
  5. All e-sims are prepaid and prices are inclusive of any indirect taxes, unless specified otherwise. Indirect Tax will be levied on the basis of the zip code shown in the billing information related to the Credit Card Payment.
  6. Indirect Taxes means sales tax, value-added tax, and any similar levies or taxes imposed by government entities at the time of sale of Plans.
  7. All the payments in connection with SimHub Services and Products shall be made in advance.
  8. You may accept Automatic Recurring Billing (automatic fixed payments) by selecting the respective option in Your Account. SimHub offers its Customers the opportunity to set up a Continuous Payment Authority, whereby Customers can safely and securely provide their credit card details and SimHub will take the payment following the parameters laid out by the Customers.
  9. SimHub can take fixed payments at any time, according to two parameters:
    - The Data used (when amount of available Data is less than 30% of total amount)
    - The Data period expiration date (1 day before the expiring date of the selected SimHub Data plan).
  10. SimHub will take fixed payment, as repeat your purchase. Payments can run indefinitely or over a fixed period.
  11. An agreement can be canceled by Customer at any time.
  12. You may cancel Automatic Recurring Billing at any time.
  13. Online Purchase or Top-Up: by making Your first online purchase or Top-Up transaction,
  14. You give Your consent and authorize SimHub to automatically debit the credit card (or other authorized payment method) used for the first purchase or Top-Up for any future purchases or Top-Up of the same eSIM.

DURATION AND TERMINATION

  1. SimHub shall commence immediately following a successful download of eSIM and activation of the data plan associated with the eSIM.
  2. The duration of the eSIM will be as per the terms of the plan purchased.
  3. eSIM will terminate either on full consumption of plan or expiry of duration of the plan, whichever is earlier.
  4. SimHub does not provide the ability to retrieve deleted or lost eSIM. SimHub doesn’t have technical opportunities to transfer eSIM to Your new device either.

REFUND

  1. Customers will be charged upon the purchase of eSIM.
  2. Customers may request a refund or a change prior to the installation and activation of the eSIM or there is a known technical problem originating from eSIM after activation of Esim. Inability to set up required settings in the Customer’s device or defects of Customer’s device or network are not considered the fault of SimHub.
  3. Any refund request, complaints or feedback about the Service can be sent to the support team via a composed message to the Help Center of the mobile app or email hello@simhub.me.The refund requests sent to SimHub payment service provider shall not be proceeded.
  4. Any refund request shall be reviewed within 15 (fifteen) business days upon receipt. Confirmed refund requests shall be executed to the payment method You have used to make the respective payment.
  5. All refunds are transferred to payment methods used for initial payment. Additional request is required to change the payment details for refund. In case of unavailability of the initial payment means the Company will make commercially reasonable efforts to request the new payment means for refund. In case if the Company's expenses related to refund exceed the amount of refund, the Company shall be entitled to reject the refund and offer to use the amount of refund in the Customer's account or to transfer the amount.
  6. The amounts on the Customer’s balance obtained as a result of any promotional offers or otherwise without making the actual payment by the Customer are not subject to refund under any circumstances. In the course of refund the amount of the balance is deducted with the amounts credited as a result of any promotional offers or otherwise without making the actual payment by the Customer.
  7. The costs of SimHub Products and Services actually used shall not be refunded.
  8. If SimHub suspends the provision of Services due to Customer’s violations, the paid cost of Services is not refundable, and SimHub does not compensate for any concerned  losses of the Customer.

CUSTOMER’S WARRANTIES AND GENERAL OBLIGATIONS

In addition to the obligations and warranties of Customer, set forth in other Clauses of these Terms, by accepting these Terms:

  1. You shall use the SimHub Products and Services in compliance with these 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);
  2. You shall NOT use the SimHub Application, Products and Services in other means and ways and for other purposes than provided by such Products and/or defined in these Terms;
  3. You shall NOT copy the code, not adapt, not reverse engineer, not decompile, not disassembly or not attempt to modify or copy the source code of the SimHub Application and SimHub other Products and Services. The Customer is prohibited from reselling, sublicensing or using the e-SIM or the Services to provide service bureau data processing services or to otherwise provide data processing services to third parties. The Customer will not allow the e-sim or the Services to be used by, or disclose all or any part of the e-sim or the Services to any person except the Customer. Any such attempt will be considered a violation of intellectual property right and might result in prosecution;
  4. You shall NOT be subjected to any sanctions or other legal restrictions in using SimHub Products enacted by any country, international organization or jurisdiction, commit or encourage a criminal, administrative offense or other unlawful activities or wrongdoings, including, but not limited with causing annoyance to or defraud SimHub and any other person, engage, participate in or perform such actions as: spamming, distributing of unsolicited email, unsolicited advertisement and promotional information, transmitting or distributing a virus or other technologically harmful, destructive, malicious, spying, offensive or obscene material, programs and/or codes, harmful agent or mechanism, that is designed to disrupt functionality, harm, disable or collect information, or post any other material which is malicious, technologically harmful, or in any way offensive or obscene; attempting to affect the performance or functionality of any SimHub Application and other Products and Services as well as products and services of Providers.

LIABILITY AND TERMINATION

  1. The Customer shall be fully responsible for the use of the SimHub Application, SimHub Products and Services, SIM/eSIM and under no circumstances shall SimHub be liable for any loss, expenses, or damages incurred or suffered by the Customer resulting from the Customer's misuse, fraud or non-conforming use of the SimHub Application, SimHub Products and Services and/or eSIM.
  2. In any case, when You violate these Terms and/or law/legal acts and other legal regulations, or if SimHub has reasonable grounds to believe, that You are in violation of any term, obligation, and/or warranty, set forth in these Terms and/or applicable law/legal acts, SimHub has the right in its own discretion to apply such penalties, preventive and punitive actions and disciplinary sanctions, as SimHub deems appropriate:
    - suspend or terminate Your Account and terminate the Agreement;
    - restrict, suspend or terminate the access and use of any SimHub Service or Product;
    - impose other restrictions on Your use of any features or functions of SimHub Application and SimHub and other Products.
  3. SimHub shall clear the Customer’s balance, if Customer activity seems malicious swiping and exists the risk receiving fraudulent payment of accounts.
  4. SimHub shall terminate the agreement and close/suspend the Account of the Customer and disconnect the Customer's access to Services and/or SimHub Products, if:
    - The Customer abuses SimHub Products by improper usage, including for illegal or unethical purposes;
    - Any of the information provided by the Customer upon purchasing the SimHub Products is found to be false or unauthorized or in case of invalid identification data;
    - The Customer breaches any of the Customer's obligations under these Terms, including Privacy Policy.
  5. If the Customer fails to pay SimHub any fee or other payment according to these Terms, or Customer initiates an improper chargeback or cancels the payment on their credit or debit card SimHub may suspend or close access to Account and terminate the Agreement. SimHub, 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 Customers with outstanding amounts.
  6. SimHub 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 Clauses of these Terms, in case of any violation of law /legal acts and other legal regulations, SimHub 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. SimHub shall not be liable for Your direct, indirect, punitive, incidental or consequential, actual, special, damages or any damages whatsoever or results arising from such information disclosure, and Customer agrees not to bring any action or claim against SimHub for such disclosure.
  7. SimHub should terminate Account, Services and Agreement in case if required by state, governmental institutions, law enforcement body, court or other authorized institution or organization.
  8. SimHub is not liable for Your direct, indirect, punitive, incidental or consequential, actual, special, damages or any damages whatsoever, and other results of the penalties, preventive and punitive actions, and disciplinary sanctions, applied to You by SimHub in connection with Your violation.

NO WARRANTIES

  1. All products and/or services provided by SimHub are provided "as is" and "with all faults," and SimHub 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. The products and services provided by SimHub 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, SimHub disclaims any express or implied warranty of fitness for high risk activities. Customers agrees that SimHub shall not be liable for any claims or damages arising from or related to the use of SimHub products or services in high risk activities or similar applications.

LIMITATIONS OF LIABILITY

  1. In no event shall SimHub be liable under any legal theory: to Customer for any incidental, consequential, special, punitive, exemplary or indirect damages, or for any lost profits, even if advised of the possibility of the same, however caused and regardless of theory of liability, whether tort, contract, or strict liability, to Customer or any third party for damages relating to personal injury caused by installation or use of any SimHub product or service, or for any damages the Customer may suffer from or in connection with the use or inability to use the eSIM or SimHub Application, including the inability to make emergency service calls.
  2. SimHub's total aggregate liability for any other damages asserted by Customer shall be limited to Customer's actual damages caused by any SimHub product or service purchased, licensed, or used under this agreement, and shall in no event exceed the amounts paid to SimHub by Customer for the three months preceding for non-top-up service or the last top-up service from the date of claim by Customer, under the applicable schedule for the specific product or service that are the subject of Customer's claim against SimHub.
  3. SimHub is not liable for and is not required to perform technical support with respect to problems caused by third party products.
  4. The above limitation includes, but is not limited to, damages resulting from loss or theft of data, transmission delays or failures, service interruptions, unauthorized access or damage to records, software programs or other information or property; loss of profits; cost of cover; or any other special, incidental, consequential, direct, indirect or punitive damages, however caused. This limitation will apply even if SimHub has been advised of, or is aware of, the possibilities of such damages. SimHub does not and cannot control the quality of the participating member operator's networks in which service(s) may be used or interconnect with. therefore, SimHub disclaims any and all liability that may arise from the performance, including failure, of the participating member operator's networks. where a state does not allow the disclaimer or limitation of damages relating to personal injury, the above disclaimers and limitations of liability shall not be construed in that state as disclaiming or limiting damages to personal injury.
  5. SimHub shall not be liable for any loss or damage caused by the Provider, its resellers due to any failure in or breakdown of the communication facilities or telecommunications equipment associated with providing the SimHub Services, for any interruption or degradation of the SimHub Services whatsoever the cause or duration, or for any other cause or claim whatsoever arising under this Agreement.
  6. SimHub disclaims any and all liability for “unsuccessful payments” charged from your credit card /and or other payment method, if “unsuccessful payment” reasons are:
    - expired card or incorrect card number;
    - the card declined based on location;
    - there aren’t sufficient funds on card;
    - the card is over its limit;
    - the card is blocked by the bank’s fraud system;
    - other errors on the side of the Customer or Customer`s bank.
  7. Where a state does not allow the disclaimer or limitation of damages relating to personal injury, the above disclaimers and limitations of liability shall not be construed in that state as disclaiming or limiting damages to personal injury.

CHANGES IN REGULATION

  1. The customer and SimHub understand and agree that regulators of the Provider's networks, or other bodies of competent legal jurisdiction, may impose regulations on telecommunication services. If new regulations are imposed upon SimHub, then the Customer hereby acknowledges that SimHub is authorized to make changes to these Terms that reflect the new regulations and will post such changes via SimHub Application.
  2. If any competent authority holds any term, condition or provision (or part of term, condition or provision) of these 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 these 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 these Terms shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

CONSENT OF THE CUSTOMER

  1. Upon opening an account with SimHub, such person becomes the Customer who has expressly consented to allow SimHub to collect, process, use, and retain the Customer's personal information according to these Terms and those within eSIM SimHub's Privacy Policy.
  2. If you do not want to agree to our Terms and/or Privacy Policy, please do not use SimHub Application, SimHub Services, Products or any of SimHub's offerings via SimHub Application. SimHub uses the consent that you, the Customer, had expressly provided us upon the opening of your SimHub account and/or when you use SimHub Products. SimHub does not share your personal information except with its partners who work with SimHub to provide your purchased Services – please refer to our Privacy Policy for details regarding sharing information with third-parties.
  3. The Customer may request the deletion of their Account at any time by submitting a request to: hello@simhub.me.
  4. SimHub is committed to providing our visitors to SimHub Application with a great experience but also protecting our rights and the rights of our Customers. SimHub takes the Customer's privacy seriously.

FORCE MAJEURE

  1. SimHub shall be excused from performance of its obligations under these Terms or Agreement if such a failure to perform results from:
    - compliance with any requirement of applicable law, regulation, or judicial order;
    - any act of  God, fire, explosion, flood, strike, embargo, terrorist attack, war, insurrection, or riot;
    - shortage of, or inability to obtain, appropriate labor, fuel, power, or raw materials;
    - any failure or malfunction of Customer's equipment, or of any equipment or services used by or otherwise provided to Customer by a third-party provider;
    - 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. 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.

INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP, APPLICATION LICENSE

  1. Nothing in these Terms or Agreement 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 SimHub, its partners or any third party. SimHub and its partners and licensors reserve all rights thereto, except the limited rights expressly granted to Customer  hereunder.
  2. All intellectual property rights in SimHub Application, Products and Services belong to SimHub. The purchase or use of such SimHub Products and Services by the Customer does not imply any transfer of intellectual property rights from SimHub to the Customer. The Customer shall not engage in any act or omission that would impair the Intellectual Property Rights of SimHub or its Affiliates or licensors in any SimHub product or service. For use of SimHub Trademarks and Brand, please request our Terms of Use and we will provide Trademarks and Brand Use of Guidelines.
  3. SimHub declares a zero-tolerance policy towards Customers that violates Intellectual Property Rights. Any unauthorized copying, publication, reproduction or distribution of SimHub and/or third Party’s Intellectual Property is prohibited and is the subject of Customers liability, as set in these Terms, applicable law and legal acts.

APPLICATION LICENSE

  1. We grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable limited right to install and use the Application on wireless electronic devices owned or controlled by you, and to access and use the Application on such devices strictly in accordance with the terms of this license.You shall not: decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;  violate any applicable laws, rules, or regulations in connection with your access or use of the application;  remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;  use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; make the application available over a network or other environmental permitting access or use by multiple devices or Customers at the same time; use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
  2. The following terms apply when you download the Application from either the Apple Store or Google Play (each an “App Distributor”) and then access the Application: the license granted to you for the Application is limited to a non-transferable license to use the Application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; we are responsible for providing any maintenance and support services with respect to the Application as specified in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; in the event of any failure of the Application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the Application; you represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;  you must comply with applicable third-party terms of agreement when using the Application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Application; and you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms of this license, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms of this license against you as a third-party beneficiary thereof.

JURISDICTION AND ARBITRATION

  1. These Terms shall be interpreted, governed by and construed in accordance with the laws of the Russian Federation.
  2. Any dispute, controversy, or claim arising out of, or in relation to the service, including the validity, invalidity, breach, or termination thereof, shall be resolved by the Russian Federation courts.

Privacy policy

https://teletype.in/@simhub/policy