TERMS AND CONDITIONS

1. Introduction.

1.1. These Terms and Conditions constitute a legally binding agreement (“Agreement”) entered into between you (the “User”) and MISIMCARD, a limited liability company incorporated and registered in the United States. Address: 2815 DIRECTORS ROW, STE 100 OFFICE 491, ORLANDO, FL 32809, USA (“MISIMCARD,” “we,” “our,” or “us”), regarding your purchase of an international data plan (“Data Plan”) associated with a prepaid eSIM (an “eSIM”) from MISIMCARD (the “Service”) for use on your personal device (“Device”).

1.2. Future agreements between the User and MISIMCARD may also be subject to supplementary terms and conditions or documents that have been published on our website.

1.3. We recommend that you print a copy of these Terms and Conditions for future reference.

2. Registration

2.1. The User may register to purchase an eSIM through our website. The User must accept the Terms of Use to register and purchase an eSIM. MISIMCARD's Privacy Policy and Cookie Policy will be displayed on the website when the User registers to purchase an eSIM.

3. eSIM Purchase and Activation

3.1. If you purchase one of our eSIMs (through the website), you enter into an agreement with us for the purchase of the eSIM and agree to pay us all applicable charges in accordance with the Data Plan of the purchased eSIM.

3.2. As soon as the eSIM is provided to you, you will be responsible for it. If you damage or lose your Device before you have fully paid for the eSIM, you must pay us the full price of the eSIM.

3.3. You can purchase an eSIM through one of MISIMCARD's partners (“Third Parties”). If you purchase one of our eSIMs from a Third Party, you enter into an agreement with that Third Party for the purchase of the eSIM, and MISIMCARD is not a party to such agreement.

3.4. MISIMCARD will make Data Plans available for specific countries. MISIMCARD reserves the right to restrict the availability of such Data Plans in some jurisdictions. Users can search, select, and purchase our Data Plans through the website or through Third Parties.

3.5. By using the Service, the User agrees that they have an unlocked and eSIM-compatible device, which is necessary to access it.

4. Duration and Termination

4.1. This Agreement will commence once you purchase the eSIM. Once you have downloaded the eSIM to your Device and the Data Plan has been activated, the downloaded eSIM will remain on your Device after your Data Plan credit has been exhausted or your Data Plan has expired. The user can choose to remove the eSIM at any time through their Device settings. However, we recommend that the User does not remove the eSIM until their Data Plan has been consumed or has expired. Downloading the eSIM and activating any of the Data Plans may require a stable internet connection.

4.2. The term of this Agreement will be until the Data Plan has expired or until the credit based on the purchased Data Plan has been exhausted.

4.3. This Agreement will terminate immediately if any of the following occur:

4.3.1. Consumption or expiration of the Data Plan by the User in accordance with clause 4.2; or

4.3.2. Suspension of the User's eSIM or Data Plan use by MISIMCARD for breach of these Terms and Conditions (including any breach of applicable law).

4.4. Upon termination, in accordance with clause 4.3.1, if you do not immediately remove the eSIM from your Device after the Data Plan is consumed or expires, the eSIM will be provided to you "as is" without warranty of any kind. MISIMCARD will have no liability to you for such eSIM under this clause 4.4 until such time as you purchase any other eSIM or Data Plan, in which case these Terms and Conditions will apply.

5. Warranty

5.1. These Terms and Conditions are in addition to your statutory rights as a consumer.

5.2. MISIMCARD offers no warranty and makes no representations in relation to the eSIM or the Service, and all warranties and conditions (save to the extent required by applicable law), whether express or implied by statute, common law or otherwise, are excluded to the extent permitted by law.

5.3. MISIMCARD reserves the right, at its sole discretion, to discontinue the sale, supply or support of any eSIM at any time.

6. Service Availability

6.1. MISIMCARD will take commercially reasonable steps to make the Service available to you at all times, depending on MISIMCARD's and its service providers' ability to maintain network capacity and connection availability.

6.2 MISIMCARD partners with providers to deliver the Service, including network service providers. These vary from jurisdiction to jurisdiction.

6.3 If you purchase an "unlimited" Data Plan, please be aware that data coverage and speed may be subject to the network service provider's fair usage policy. This means that, in order to ensure a high quality of service for all users, the network service provider reserves the right to impose restrictions or limitations on data usage or speed if your usage is deemed excessive or if it negatively affects the network performance of other users.

6.4 MISIMCARD does not guarantee network capacity, network quality, or connection availability of the Service. This includes (but is not limited to) any of the following circumstances:

6.4.1. When our service providers need to perform upgrade, maintenance, or other work on their network services;

6.4.2. When you are in areas not covered by our service providers' network or according to the areas specified in the Data Plan;

6.4.3. When factors beyond our control cause interruptions, such as interruptions caused by the characteristics or functionality of your Device, regulatory requirements, communication network failures, weather, radio interference, or other physical obstructions.

7. User Obligations

7.1. The User agrees to:

7.1.1. Use the eSIM in accordance with these Terms and Conditions;

7.1.2. Use the eSIM in accordance with all applicable laws and regulations of the country where the User is located or habitually resides;

7.1.3. Not use the eSIM to carry out any fraudulent, criminal, or illegal actions, or actions that cause alterations or damage to the network;

7.1.4. Not use the eSIM to copy, store, modify, publish, or distribute commercial information of MISIMCARD (including trade secrets) except when we give you permission to do so;

7.1.5. Not use the eSIM to download, send, and upload excessively large, numerous, or frequent content; and

7.1.6. Not use the eSIM in a way that infringes the intellectual property rights of a third party.

7.2. The User agrees that no credit, promotion, and referral regarding the Service (the "Promotions") will be used to undermine the fairness, integrity, or legitimate operation of the Service, including, but not limited to, the creation of false user registrations or the use of fictitious identities to participate in the Promotions in order to obtain prizes.

7.3. The User agrees that MISIMCARD may suspend the Service in case of non-compliance with these Terms and Conditions. The User must act responsibly and pay for all charges due under these Terms and Conditions regarding the suspension of the Service. MISIMCARD reserves the right to claim compensation for damages (including legal costs) to the maximum extent permitted by law.

7.4. MISIMCARD, at its sole discretion and without any liability to the User, reserves the right to delete the User's website account and prevent the User from future use of the Service or from benefiting from any of the Promotions.

8. Payment Terms

8.1. The User may register and purchase the eSIM on the website. Payment will be processed by an authorized agent of MISIMCARD.

8.2. All eSIMs are prepaid and prices include any indirect taxes, unless otherwise specified. Indirect tax will be charged based on the zip code provided by the User when entering payment information in MISIMCARD.

8.3. "Indirect Taxes" in this clause 8 means any sales tax, value-added tax, and any other similar fees or taxes that may be applicable at the time of sale of the Data Plan associated with an eSIM.

8.4 The User may choose to save the payment method during the checkout process and under the administration of the service provider, so that for future purchases this information is automatically added without the User having to re-enter it. The user can delete the payment method information at any time. This payment method information cannot be modified; if a change is requested, the User will have to delete the previous payment method and enter the new payment method.

9. Intellectual Property Rights

9.1. Unless otherwise indicated, the eSIM is our property (or our licensor's) and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned by us, are under our control, or under our license and are protected by copyright and trademark laws and other intellectual property rights.

9.2. Except as expressly stated in these Terms and Conditions, no part of the eSIM, the website, or the Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

10. Data Protection

10.1. When you purchase an eSIM, you agree that MISIMCARD will process your personal information ("Personal Data") to make the Service available to you, monitor and improve the Service, and prevent unauthorized use.

10.2. For more information about how your Personal Data is used or for any other query related to how we may process your Personal Data, please refer to our Privacy Policy and our Cookie Policy.

11. Indemnification

11.1. The User agrees to indemnify and hold harmless MISIMCARD and its subsidiaries, affiliates, officers, agents, partners, employees, and service providers from all losses, costs, charges, demands, lawsuits, damages, actions, expenses, and claims that we incur as a result of:

11.1.1. A breach by you of these Terms and Conditions; and/or

11.1.2. Any other matter arising out of or related to any use you may make of the Service other than as set forth in these Terms and Conditions.

12. Limitation of Liability

12.1. To the extent permitted by law, we exclude all liability (whether in contract, negligence, or otherwise) for any loss or damage you may suffer in connection with the use of the Service, including the eSIM or any Data Plan. Without prejudice to the foregoing, MISIMCARD's liability under or in connection with this Agreement, whether arising from contract, negligence, or otherwise, shall in no event exceed the amount of charges payable by the user to MISIMCARD under the corresponding Data Plan in the 12 months prior to the date on which the event giving rise to such liabilities occurred, or 100 euros, whichever amount is greater. This does not affect our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability that cannot be excluded or limited under applicable law.

13. Applicable Law and Legal Compliance

13.1. Except as mandatory applicable law may determine: (a) these Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, shall be governed by and construed in accordance with the laws of the United States and (b) the courts of the United States shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matter or formation.

13.2. Other mandatory laws of other states may also apply to your use of the eSIM.

13.3. The Service and the website are not intended for use by any person or entity in any jurisdiction or country where such use is contrary to relevant law or regulation. Accordingly, persons who choose to access the service and/or the website from locations where such use is prohibited do so on their own initiative and are solely responsible for compliance with local laws, to the extent that local laws are applicable.

14. Variation of these Terms and Conditions

14.1. We may vary any of the terms of your Agreement or any future terms and conditions, including those related to our Data Plans, as follows:

14.1.1. Any updates to the Terms and Conditions and introduction of new terms will be available on our website;

14.1.2. We will inform you if we make any variation to this Agreement by relevant notice. You are free to stop using the Service after receiving this notice, with the exception of the following situations: (a) when the variation is exclusively for your benefit; (b) when the variation is purely administrative in nature, or (c) when the variation is imposed by applicable law.

14.1.3. If you continue to use the Service after the variation of this Agreement takes effect, you are deemed to have accepted the variation.

15. General

15.1. MISIMCARD may assign, transfer, or subrogate to any company in its group the rights and obligations arising from this Agreement without the express consent and authorization of the User.

15.2. If at any time any provision of this Agreement (or part of any provision) is or becomes illegal, void, or unenforceable, but would be legal, valid, and enforceable if some part of it were deleted or modified, the provision or part of the provision in question shall apply with such deletions or modifications as are necessary to make the provision legal, valid, and enforceable.

15.3. No omission or delay by either party in exercising any right or remedy under this Agreement shall be construed as a waiver of such right or remedy, nor shall any single or partial exercise of any right or remedy preclude further exercise of such right or remedy. No waiver by either party of any breach by the other of any provision of this Agreement shall be deemed a waiver of any preceding or succeeding breach. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

15.4. This Agreement is written in English. In the event of any conflict between the English version of the Agreement and any translated copy thereof, the English version shall prevail.

16. MISIMCARD Contact Information

For more information about these Terms and Conditions, to provide feedback, or to file a complaint, you can contact our team 24 hours a day, 7 days a week, 365 days a year, through the platforms listed below:

Email: info@MISIMCARD.com

Chat: Click on the green pop-up window in the lower right corner of this page.

WhatsApp: 1 (305) 447-8004 (this line operates from 6 AM to Midnight New York time)

All business inquiries should be sent to: info@MISIMCARD.com

17. Refund Policy

MISIMCARD's Return policy allows you, in case you cannot use the service due to its failures, to receive a refund of the money paid, under the following conditions and procedure.

  1. The customer must notify MISIMCARD (support line) about their difficulty (at the time the problem arises).

  2. MISIMCARD's support team will take the case and provide the user with the respective instructions to determine the origin of the failure. Our team may request data provided at the time of purchase, eSIM or SIM Card information (Serial, Phone, Etc.), photos of it, and screenshots of some sections of the cell phone.

  3. After determining the origin, instructions will be given for correcting the error.

  4. In the event that the solutions available to our technical team do not solve the fault and extra validations with the operator are required, the user must wait from 30 minutes to one business day for the operator to provide an official response.

  5. After this, new adjustment and configuration alternatives would be indicated, or the final result of the problem diagnosis would be acted upon.

  6. If the eSIM or Chip SIM Card is damaged, depending on the country, the replacement of the card can be managed through one of our stores that is close to the customer and whose itinerary possibilities allow the customer to pick it up.

  7. If it is not possible to provide a solution, we will evaluate whether the refund applies partially or totally (in case there has been Internet consumption) based on the usage.

  8. After identifying that the diagnosis leads to a partial or total refund, the support team will send an email to the Accounting and Administrative Department, with the details of the case and the purchase to proceed.

  9. Once authorized, the refund takes between 30 business days.

  10. To change activation dates, notify us up to 48 business hours in advance; if you do not notify us before this time, the eSIM or SIM Chip will be activated. We do not issue refunds for this reason.

  11. The eSIM or Chip SIM Card is valid for 1 year from the purchase date; after this time, it cannot be activated or recharged. We do not issue refunds for this reason.

  12. The International, Mexico, and Colombia eSIM and Chip SIM Card will not stop sharing Internet. If you share, the eSIM and Chip SIM will be blocked, and you will have to buy another one.

  13. Our eSIM or Chip SIM card only works on internationally unlocked mobile phones.

  14. We are subject to sudden changes in the benefits and amount of Internet and Calls offered by operators, which can happen at any time. If they unexpectedly change the benefits, we do not issue refunds for this reason.

  15. If you lose the Chip SIM, you must buy another one; we do not refund money for this reason.

  16. In Bogotá, we ship from Monday to Saturday at 12 pm; if you purchased after that time, it will arrive the next day at 6 pm.

  17. Once the SIM Card or eSIM is purchased and the date is entered on our website or provided to our WhatsApp, it is not possible to change the dates. You must purchase a new SIM Card or eSIM with the new dates; we do not issue refunds for this reason.

  18. In Argentina, Chile, Colombia, Mexico, and Peru, we ship from Monday to Friday. If you purchased on Saturday or Sunday, we ship on Monday, and that day the business days for shipping delay begin.

  19. We activate eSIMs or Chip SIM Cards 1 day before the date you enter on our website; that day your plan's validity period begins.

  20. The eSIM or Chip SIM card does not come with text SMS messages; we do not refund money for this reason.

  21. After purchasing your Puerto Rico, Mexico, or North America eSIM, we will ask for the EID and IMEI of the cell phone where it will be used. It can only be used on this one; you cannot change cell phones. If you change cell phones, you must purchase a new eSIM.

  22. You can only call numbers of normal people, not businesses.

  23. If we must refund money and it is not our fault, we will deduct 10% of the total purchase for money handling and also the shipping cost, if it is a physical SIM Card. If it is an eSIM, we will not charge shipping.

  24. If you purchase an eSIM or Chip SIM Card and your cell phone is not compatible with it, you must purchase a new eSIM. We do not refund money for this reason.

  25. If you purchase an eSIM for a cell phone that is not eSIM compatible, we do not issue refunds, as the eSIM is already active and has credit. You must purchase again, and this time buy an eSIM or Chip SIM Card. We do not issue refunds for this reason.

  26. eSIM Puerto Rico, we send the QR 1 day before the activation date you set on the website. We do not send it earlier, and we do not issue refunds for this reason.

  27. We do not exchange products. If you make a mistake in purchasing, you must buy again. We do not issue refunds for this reason.

  28. Our technical support hours are every day from 6 am to Midnight New York time.

  29. We only provide support to the person who has the eSIM or Chip SIM Card. We do not provide support to other people or third parties, and we do not issue refunds for this reason.

  30. In case of theft or loss of the cell phone and it had our eSIM or Chip SIM Card, we cannot replace it or send a substitute, as the operator does not allow it. You must buy a new one; we do not refund money for this reason.

  31. In case of theft or loss of the Chip SIM Card, we cannot replace it or send a substitute, as the operator does not allow it. You must buy a new one; we do not refund money for this reason.

  32. If the customer deletes the eSIM, they must buy a new one because the operator does not provide eSIM replacements. We do not refund money for this reason.

  33. If the customer forgets the SIM Chips at home and does not use them on their trip, they have 12 months from the date of purchase to use them. We do not refund money for this reason.

  34. If you acquire an "unlimited" data plan, please be aware that data coverage and speed may be subject to the network service provider's fair use policy. This means that, in order to ensure a high quality of service for all users, the network service provider reserves the right to impose restrictions or limitations on data usage or speed if its use is deemed excessive or if it negatively affects the network performance of other users. We do not issue refunds for this reason.

  35. No refunds are issued for incorrect purchases: Once the eSIM has been sent to the customer, no refunds are possible under any circumstances. This is because: The eSIM already contains a pre-set balance, it has specific validity dates, and it cannot be reused or resold to another user. Options available in case of an unused purchase: The customer has 12 months from the date of purchase to activate and use the eSIM. If they cannot or do not wish to use it, they have the option to transfer it to another person, as long as they comply with the terms of use.

  36. Single Device Use: The eSIM QR code is valid for one device only. If scanned on another, it will stop working. User Responsibility: The user must ensure the code is scanned on the correct device. Refund Policy: No refunds will be issued if the QR code is used incorrectly. A new eSIM must be purchased in case of error.

  37. The eSIM only works on one cell phone; it cannot be transferred or installed on another. If you want to use it on another, you must buy a new one. We do not refund money for this reason.
  38. If the Chip SIM Card is damaged, we will send you an eSIM. We will not refund money for this reason.
  39. Our eSIM and Chip SIM Card is data-only; it does not have a number. You can call via WhatsApp unlimitedly.
  40. Our eSIM does not have an activation code; it is only via QR image. It can only be activated via camera and QR image. We do not refund money for this reason.
  41. Once the Internet service has been activated and used, either through our eSIM or Chip SIM Card, no refunds will be possible under any circumstances. The use of the service (network connection or data consumption) implies full acceptance of the acquired plan. This policy applies even if the service was used for a short period or partially. Unfortunately, we cannot deactivate or recover the balance once consumption has started, as it is automatically activated with the network of the country you are traveling to.
  42. The International eSIM works worldwide. We recommend installing it 1 day before arriving at your destination, as indicated in our PDF Guide. Please note that once installed, the plan begins to count immediately as it works in any country. For this reason, we do not issue refunds if it is activated prematurely.
  43. If we refunded you because the service did not work and you repurchase for the same destination, a new refund will not apply for that reason. Repurchasing indicates that the service does work for you in that destination; we do not issue refunds for this reason.
  44. No refund if data has already been used: If the eSIM or SIM Card has been activated and MB or GB of data have been consumed, no refund will be issued, regardless of the amount of data used.
  45. The quality of the service may vary depending on the user's location. In rural, mountainous, or remote areas, the signal may be limited or intermittent. Optimal coverage is guaranteed only in urban areas and towns. No telecommunications company (including MiSimCard) can guarantee coverage in 100% of geographical areas. Use of the service implies acceptance of these conditions; we do not issue refunds for this reason.
  46. Signal availability and browsing speed depend on the coverage of local networks (LTE/4G/5G) in each area. These factors are beyond our control. We do not issue refunds for variations in speed or network type that are outside of our control.

  47. The USA eSIM + Calls includes 40 GB at high speed. After 40 GB, the operator may reduce speed due to FUP (Fair Usage Policy). There is no refund for this operator condition.

  48. ChatGPT and TikTok do not work with our eSIM; we do not issue refunds for this reason.
  49. The eSIM days begin the day after the QR is scanned, which is why the guide clearly states to scan the QR ONLY 1 day before traveling, or on the same day; those days start counting for the eSIM. We do not issue refunds for this reason.
  50. Our eSIM only works on phones updated to the latest version; if you do not update your phone, it will not work. We do not issue refunds for this reason.
  51. The Colombia eSIM includes 20 GB at high speed. After 20 GB, Claro may terminate the service due to FUP (Fair Usage Policy). There is no refund for this operator condition.
  52. To ensure the best experience with your MiSimCard service, it is essential to follow our installation guidelines: to ensure a seamless connection, install your eSIM exclusively one day before landing at your destination, exactly as indicated in the instructions and the instruction PDF. If you install it before this period, your service days will start counting from the next day, regardless of whether you use it or not. Please note that we cannot issue refunds for early installations. Please follow the attached instruction PDF carefully so you only have to worry about enjoying your trip; we do not issue refunds for this reason.

  53. For SIM Card activation, only send the photo when you are 100% sure you will travel, because it will be activated immediately. We are not responsible if you cannot travel due to a positive COVID-19 test or other situations; we do not issue refunds for this reason.

No refunds will be given in the following cases:

  • If the user is unavailable for the support team to diagnose the situation.

  • If the user does not report the problem at the time it occurs, but rather after or at the end of their trip (as the team would not be able to diagnose what happened).

  • If improper handling of the eSIM or SIM Card is identified and it is in poor condition due to such handling.

  • If the problem originates from the user's mobile phone.

  • If the user's mobile phone is not unlocked, free, or with open bands.

  • If the operator has penalized the line for misuse (e.g., sharing internet for the eSIM or SIM Card which is not allowed).

Additional notes:

  • The team will validate consumption. If there is consumption, the consumed value will be prorated and deducted from the amount to be refunded.

  • MISIMCARD will not be responsible for inconveniences related to service failure beyond the refund of the eSIM or SIM Card value paid.

  • If there is no response from the client or no time available to carry out and conclude the support process, we will understand that the client waives this process and, therefore, any solution from our part. For this reason, by not obtaining a response or time availability, it would be understood that there will be no claim, or if a claim is presented, no monetary refund or replacement of the eSIM or SIM Card will proceed, since, without the necessary validations and visual evidence, it is not possible for our team to make a diagnosis.