TERMS AND CONDITIONS

1. Introduction.

1.1. These Terms and Conditions constitute a legally binding agreement (“Agreement”) 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”), relating to your purchase of an international data plan (“Data Plan”) linked to 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 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. Purchase and activation of an eSIM

3.1. If you purchase one of our eSIMs (via 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 eSIM you purchased.

3.2. As soon as you are provided with the eSIM, you will be responsible for it. If you damage or lose your Device before you have fully paid for the eSIM, you will be required to 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 that agreement.

3.4. MISIMCARD will offer data plans related to specific countries. MISIMCARD reserves the right to restrict the availability of such data plans in certain jurisdictions. Users can search for, 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, eSIM-compatible device, which is required to access the eSIM.

4. Duration and termination

4.1. This Agreement begins once you purchase the eSIM. Once you have downloaded the eSIM to your Device and activated the Data Plan, the downloaded eSIM will remain in your Device after your Data Plan credit has been used up or your Data Plan has expired. You may choose to remove the eSIM at any time through your Device settings. However, we recommend that you do not remove the eSIM until your Data Plan has been used up or expired. Downloading the eSIM and activating any Data Plan may require a stable internet connection.

4.2. The term of this Agreement will be valid until the Data Plan expires or until the credit based on the Data Plan purchased is exhausted.

4.3. This Agreement shall terminate immediately if any of the following situations 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 use of the eSIM or Data Plan by MISIMCARD due to non-compliance with these Terms and Conditions (including any non-compliance with applicable law).

4.4. Upon termination, in accordance with clause 4.3.1, if you do not remove the eSIM from your Device immediately upon consumption or expiry of the Data Plan, the eSIM will be provided to you "as is" without warranty of any kind. MISIMCARD will have no liability to you for such eSIM pursuant to 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 makes no warranties or representations in relation to the eSIM or the Service, and all warranties and conditions (except to the extent required by applicable law), whether express or implied by statute, common law or otherwise, are hereby excluded to the fullest 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 necessary measures to make the Service available to you at all times, depending on the ability of MISIMCARD and its service providers to maintain network capacity and connection availability.

6.2 MISIMCARD partners with suppliers to provide the Service, including network service providers. These vary by jurisdiction.

6.3 If you purchase an "Unlimited" Data Plan, please note that data coverage and speed may be subject to the network service provider's fair usage policy. This means that, in order to ensure 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 impacts the network performance of other users.

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

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

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

6.4.3. When factors beyond our control cause interruptions, such as interruptions caused by the features or functionality of your Device, regulatory requirements, communications 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 in which the User is located or habitually resides;

7.1.3. Do not use the eSIM to carry out any fraudulent, criminal or illegal action, or that causes alterations or damage to the network;

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

7.1.5. Do not use the eSIM to download, send, or upload content of excessive size, quantity, or frequency; and

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

7.2. The User agrees that no credits, promotions, or references 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 Promotions in order to obtain prizes.

7.3. The User agrees that MISIMCARD may suspend the Service in the event of a breach of these Terms and Conditions. The User must act responsibly and pay all charges owed under these Terms and Conditions in connection with the suspension of the Service. MISIMCARD reserves the right to seek damages (including legal costs) to the fullest 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 benefiting from any Promotions.

8. Payment terms

8.1. The User may register and purchase an eSIM card online. Payment will be processed by an authorized MISIMCARD agent.

8.2. All eSIM cards are prepaid, and prices include any indirect taxes, unless otherwise specified. The indirect tax will be charged based on the postal code provided by the User when entering payment information into MISIMCARD.

8.3. “Indirect Taxes” in this clause 8 mean 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 service provider's management, so that this information is automatically added for future purchases without the User having to re-enter it. The User may delete the payment method information at any time. This payment method information cannot be modified; if a change is requested, the User must 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 that of our licensor) and all source code, databases, functionality, software, website designs, audio, video, text, photographs and website graphics (collectively, the "Content") and the trademarks, service marks and logos contained therein (the "Marks") are owned, controlled or licensed by us and are protected by copyright and trademark laws and other intellectual property rights.

9.2. Except as expressly provided in these Terms and Conditions, no part of the eSIM, the Website, or the Content or Marks may be copied, reproduced, aggregated, republished, uploaded, shared, publicly displayed, encoded, translated, broadcast, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, 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 Users' Personal Data is used, or for any other questions regarding how we may process your Personal Data, please see our Privacy Policy and our Cookie Policy.

11. Compensation

11.1. The User agrees to indemnify and hold harmless MISIMCARD and its subsidiaries, affiliates, officers, representatives, partners, employees and service providers from and against all losses, costs, charges, demands, lawsuits, damages, actions, expenses and claims incurred by us 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 out in these Terms and Conditions

12. Limitation of liability

12.1. To the extent permitted by law, we exclude all liability (whether contractual, negligent, or otherwise) for any loss or damage you may suffer in connection with your 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 in contract, negligence, or otherwise, shall in no event exceed the amount of the charges payable by you to MISIMCARD under the relevant Data Plan in the 12 months prior to the date on which the event giving rise to such liabilities occurred, or 100 euros; whichever is greater. This does not affect our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability that cannot be excluded or limited under applicable law.

13. Applicable legislation and legal compliance

13.1. Except as may be provided by mandatory applicable law: (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 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 would be contrary to applicable law or regulation. Accordingly, those 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, if and to the extent 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 the introduction of new terms will be available on our website;

14.1.2. We will inform you if we make any changes to this Agreement by providing you with appropriate notice. You are free to stop using the Service after receiving this notice, except in the following situations: (a) where the change is solely for your benefit; (b) where the change is purely administrative in nature; or (c) where the change is required by applicable law.

14.1.3. If you continue to use the Service after a variation to this Agreement comes into effect, you will be deemed to have accepted the variation.

15. General

15.1. MISIMCARD may assign, transfer, or subrogate to any company within 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 unlawful, 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 failure or delay by either party in exercising any right or remedy under this Agreement shall operate as a waiver of that right or remedy, nor shall any single or partial exercise of any right or remedy preclude any further exercise of that right or remedy. No waiver by either party of any breach by the other of any provision of this Agreement shall operate as a waiver of any prior or subsequent breach. The rights and remedies provided for in this Agreement are cumulative and do not exclude any right or remedy provided by law.

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

16. MISIMCARD Contact Information

To learn more about these Terms and Conditions, provide feedback, or file a complaint, you can contact our team 24/7/365 via the platforms listed below:

Email: info@MISIMCARD.com

Chat: Click 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 to receive a refund of your payment if you are unable to use the service due to a service failure, under the following conditions and procedure.

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

  2. The MISIMCARD support team will review the case and provide the user with the necessary instructions to determine the source of the issue. Our team may request information provided at the time of purchase, eSIM or SIM card information (serial number, phone number, etc.), photos of the SIM card, and screenshots of certain sections of the phone.

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

  4. If the solutions available to our technical team do not resolve the issue and additional 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 options 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 card can be replaced through one of our stores near the customer and where the route allows the customer to pick it up.

  7. If a solution cannot be found, a partial or full refund will be assessed based on usage (in case of Internet usage).

  8. After identifying whether the diagnosis warrants a partial or full refund, the support team will email the Accounting and Administration Department with details of the case and the purchase to proceed.

  9. Refunds after authorization take between 30 business days.

  10. For activation date changes, please 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 SIM Card with Chip is valid for one year from the date of purchase. After this time, it can no longer be activated or recharged. We do not issue refunds for this reason.

  12. International SIM cards, Mexico, and Canada will continue to share the Internet. If you share, the SIM card will be blocked and you'll need to purchase a new one.

  13. The eSIM or International Chip SIM Card is only for internet, it doesn't have calls, but you can call through WhatsApp.

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

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

  16. If you lose your SIM card, you must purchase another one. We do not refund money for this reason.

  17. The European SIM Card Chip cannot be recharged, it will only work for 28 days.

  18. The European SIM chip has a 4-digit PIN. You should not throw it away, as it will ask for it again when you turn off the phone. If you throw it away, you must buy another SIM chip. We do not refund money for this reason.

  19. Never throw away the packaging of the European SIM chip or the card, because if you turn off your phone, it will ask you to enter the PIN again. We will also request information from there for future technical support. If you turn them off, you will need to buy another SIM chip.

  20. In Bogotá we ship from Monday to Saturday at 12 pm, if you purchase after that time you will receive it the next day at 6 pm.

  21. Once you have purchased a SIM or eSIM card and entered the date on our website or given it to our WhatsApp, it is not possible to change the dates. You must purchase a new SIM or eSIM card with the new dates. We do not refund money for this reason.

  22. If we need to refund money through no fault of our own, whether due to a change of heart or events beyond MISIMCARD's control, we will deduct 10% of the total purchase price, as this is what our payment gateway charges us for refunds.

  23. In Chile, we ship Monday through Friday. If you purchased on Saturday or Sunday, we ship on Monday, which is the business day of the shipping delay.

  24. We activate eSIMs or SIM cards with a chip one day before the date you specify on our website. That's the day your plan is valid.

  25. The eSIM or SIM card with chip does not come with SMS text messages, so we do not refund money for this reason.

  26. After purchasing your eSIM in the United States, Mexico, or North America, we will ask for the EID and IMEI of the phone where it will be used. It can only be used on this phone. You cannot change phones. If you change your phone, you must purchase a new eSIM.

  27. You will only be able to call numbers belonging to regular people, not businesses.

  28. If you remove the eSIM from your phone, you must purchase another one.

  29. If we need to refund money and it's not our fault, and you purchased in Colombia through Wompi, we will deduct 10% of the total purchase for money handling and an additional $15,000 for shipping if it's a physical SIM card. If it's an eSIM, we will not charge for shipping.

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

  31. If you purchase an eSIM for a phone that isn't eSIM-compatible, we don't refund any money. Since the eSIM is already active and has credit, you must purchase it again, and this time, purchase an eSIM or Chip SIM Card. We don't refund any money for this reason.

  32. eSIM Mexico and North America we send QR codes 1 day before the activation date you set on the website, we do not send before then, and we do not refund money for this reason.

  33. We do not exchange products. If you make a mistake when purchasing, you must buy again. We do not refund money for this reason.

  34. In remote areas of Argentina and Chile where Movistar and Claro don't operate, our signal won't work either. We won't refund you for this reason.

  35. Our technical support hours are daily from 6 am to midnight New York time.

  36. 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.

  37. The US eSIM only allows you to share 10 GB of Internet.

  38. The unlimited USA eSIM after using 50 GB of data at high speed 5G-4G, continues to browse unlimitedly at low speed.

  39. No US-based SIM or eSIM, regardless of carrier, works on Huawei, Xiaomi, OnePlus, and OPPO phones. This is due to policy restrictions affecting mobile network compatibility on these devices. For this reason, we do not issue refunds in the event of incompatibility.

  40. In case of theft or loss of your cell phone and it had an eSIM or chip SIM card from us, we cannot replace it or send a replacement, since the operator does not allow it, you must buy it again, we do not refund money for this reason.

  41. If the customer removes the eSIM, they must purchase a new one, because the operator does not provide eSIM replacements, and we will not refund money for this reason.

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

  43. We ship eSIMs to the United States, Mexico, and North America daily from 6 a.m. to midnight New York time. We do not ship eSIMs outside of these hours.

  44. The EURO SIM Card Chip will only work with the additional GB bonus if you still have GB left in your plan. If your plan has already expired, the bonus will not work.

  45. If you purchase an "Unlimited" Data Plan, please note that data coverage and speed may be subject to the network service provider's fair usage policy. This means that, in order to ensure 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 impacts network performance for other users. We will not refund you for this reason.

  46. No refunds are issued for incorrect purchases: Once the eSIM has been sent to the customer, refunds are not possible under any circumstances. This is because: The eSIM already contains a pre-set balance, It has specific expiration dates, and It cannot be reused or resold to another user. Options available in the event 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, provided they comply with the terms of use.

  47. No USA eSIM or Chip SIM Card works on Chinese cell phones such as Huawei, Xiaomi, Oppo, Vivo, Realme, OnePlus, Honor and Lenovo, since US mobile operators have blocked Chinese cell phones and, therefore, they do not work on them, we do not refund money for this reason.

  48. Single Device Use: The eSIM QR code is valid for one device only. Scanning it on another device will stop it from working. User Responsibility: The user must ensure they scan the code 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 the event of an error.

  49. The eSIM only works on one phone; it cannot be transferred or installed on another. If you want to use it on another phone, you must purchase a new one. We do not refund money for this reason.
  50. If the SIM Card Chip is damaged, we will send you eSIM, we will not refund you money for this reason.
  51. Our eSIM and Chip SIM Card are for data only, it doesn't have a number, you can make unlimited calls via WhatsApp.
  52. Our eSIM does not have an activation code, it is only activated by QR image. It can only be activated using a camera and QR image. We do not refund money for this reason.

  53. To activate your SIM card, please send your photo only when you are 100% sure you will travel. This photo will become active immediately. We are not responsible if you are unable to travel due to a positive COVID-19 test or other circumstances. We do not refund money for this reason.

No refund will be made in the following cases:

  • In case the user is not available for the support team to diagnose the situation.

  • In the event that the user does not report the problem at the time it occurs, or after the trip or after the end of the trip (since the team would be unable to diagnose what happened).

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

  • If the problem is caused by the user's mobile phone.

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

  • In case the operator has penalized the line for misuse (for example, sharing the Internet for the eSIM or Chip SIM Card that does not allow it)

Additional notes:

  • The team will validate the usage. If there is any usage, the amount consumed will be prorated and deducted from the refundable balance.

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

  • If we do not receive a response from the customer or do not have the time available to complete the support process, we will understand that the customer agrees to waive this process and, therefore, waive any solution from us. For this reason, if we do not receive a response or provide the time available, it is understood that no claim will be filed, or if a claim is filed, no monetary refund or replacement of the eSIM or Chip SIM Card will be issued, since without the necessary validations and visual tests, our team cannot diagnose the issue.