TERMS OF ESIM SERVICE

These Terms of Service and the Privacy Policy (separately and collectively referred to as the "Agreement" and/or "Terms") are binding and governing the relationship between the User ("You" and/or "User") and GNUAPP UNIPESSOAL LDA, legal address: PORTUGAL 1050-110 LISBOA, RUA FILIPE FOLQUE, N 7 3 DT (hereinafter referred to as "GNUAPP"). These Terms are as follows:

1. DEFINITIONS:

2. "User" (and/or “YOU”) means an individual (natural person) who has opened an account with GNUAPP and has or is about to associate a valid GNUAPP service.
   
   

3. "GNUAPP Application" or "GNUAPP App" means the proprietary software application offered by GNUAPP.
   
   

4. “GNUAPP Virtual number” means a GNUAPP product offered via the GNUAPP Application – a telephone number designated for incoming SMS only.
   
   

5. "eSIM" means an embedded universal integrated circuit card (eUICC), a form of programmable SIM that is embedded directly into a device of the User, necessary for use of GNUAPP Services and Products.
   
   

6. "GNUAPP Products" means, collectively, "GNUAPP Application", "eSIM" (OR “SIM”) and any GNUAPP Services or Products offered for sale.
   
   

7. "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.

   • 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 this definition.
     
     

8. “Data” means mobile data allowances in accordance with the GNUAPP Data plan selected and purchased by the User for using GNUAPP Services and Products.
   
   

9. “Data Plan” means different Data offers that the User may purchase via the GNUAPP Application, specifying the amount of Data that the User will be able to use within a determined time period and for the determined price.
   
   

10. "Participating Member Operator" means each of the operator partners of GNUAPP in whose networks the GNUAPP SIM may be used by the User.
    
    

11. "Service(s)" or "GNUAPP Service(s)" means GNUAPP data plan(s) and any other data service provided and sold to the User.
    
    

12. “Top-Up" means the purchase of a Data Plan and/or other GNUAPP Services by the User via the GNUAPP Application.
    
    

2. GENERAL TERMS:

1. These Terms govern the sale and use of the GNUAPP Application and other GNUAPP Products and Services.
   
   

2. GNUAPP and the User are independent contractors, and no agency, partnership, joint venture, employment, or franchising relationship is intended or created by these Terms, their changes, updates, and amendments.
   
   

3. 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.
   
   

4. GNUAPP declares a zero-tolerance policy towards Users who violate Intellectual Property Rights. Any unauthorized copying, publication, reproduction, or distribution of GNUAPP’s and/or third Party’s Intellectual Property is prohibited and is subject to the User’s liability, as set in these Terms, applicable law, and legal acts.
   
   

5. GNUAPP reserves the right to change, amend, or update these Terms at any time, with or without prior notification to Users, by publishing information about changes and amendments at gnuvpn.com or esimsecure.com in the "legal" section. The prior notification is not applied to changes, updates, and/or amendments concerning additional functions and services of the GNUAPP Products or other changes, amendments, and updates that, by the reasonable opinion of GNUAPP, do not reduce rights and/or increase the liabilities of Users. Such changes, updates, and amendments will take effect immediately, without prior notification to Users.
   
   

6. 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 the "Effective Date."
   
   

7. If You do not agree with these Terms or their changes, amendments, or updates, You shall stop using the GNUAPP Application, GNUAPP Services, and/or Products immediately. Continued use of the GNUAPP Application, GNUAPP Services, and/or Products shall clearly mean the User’s acceptance of these Terms and/or their changes, amendments, or updates.
   
   

8. Commencing and continuing to use the GNUAPP Services and/or Products shall clearly mean Your acceptance of these Terms, including without limitation the REFUND TERMS specified herein, and/or their changes, amendments, or updates.
   
   

3. TECHNICAL ISSUES:

1. To use the GNUAPP Application, Your device shall support an eSIM. You shall check this information in the settings of Your device.
   
   

2. The GNUAPP Application only allows Data usage as defined by the Global System for Mobile Association (GSMA). All other services, including voice calls, SMS, and MMS, cannot be made with the eSIM.
   
   

3. The GNUAPP Application only works on unlocked devices, which can use the GNUAPP Access Point Name (APN). For device configuration, please read our FAQ.
   
   

4. USE OF GNUAPP, APPLICATION, PRODUCTS, AND SERVICES:

1. To use the GNUAPP Application, GNUAPP Products, and Services, You should register the Account by filling in and completing a registration form and providing the required information. You should provide true, accurate, up-to-date, and complete information, as requested in the registration form, and should regularly update the information to keep it current. As part of the registration process, You should identify an email address (which will be used as Your Login) and password, credit card data, or other payment methods. Upon creation of the Account, GNUAPP will send You a confirmation notice to the email specified by You.
   
   

2. The User shall be fully responsible for the use of the GNUAPP Application, GNUAPP Products, and Services, SIM/eSIM, and under no circumstances shall GNUAPP be liable for any loss, expenses, or damages incurred or suffered by the User resulting from the User's misuse, fraud, or non-conforming use of the GNUAPP Application, GNUAPP Products, and Services and/or eSIM.
   
   

3. GNUAPP Products and Services may only be sold to and used by persons 18 years old and above. You, as the User, are liable for ensuring that Your Users comply with these terms.
   
   

4. GNUAPP may, in certain cases, when required by law/legal acts, or at its own discretion, for example, if having reasonable doubt about Your identity and legal capacity, ask You to provide GNUAPP with certain documentation and information to validate Your Account and identify You. The documents must be clear and legible.
   
   

5. You should not send to GNUAPP the originals of the documents, and GNUAPP shall not be liable for any and all direct, indirect, exemplary, punitive, incidental, or consequential, actual, special, damages or any damages whatsoever or results arising from Your failure to comply with this provision. However, in special cases, when required by law/legal acts or governmental authorities, banks, financial institutions, and other authorized persons, GNUAPP may ask You to provide the originals or notarized, apostilled, or publicly certified copies (excluding identification documents or documents that contain publicly available information, such as incorporation data).
   
   

6. You must provide GNUAPP with any other identification and verification documentation at any time and upon demand by GNUAPP.
   
   

7. GNUAPP may, at any time and in its reasonable discretion, impose limitations on, suspend, or terminate Your Account and use of the GNUAPP Services and Products without being liable to You for damages and results, in case of Your failure to comply with the aforementioned requirements.
   
   

8. You are responsible for maintaining the security and confidentiality of Your Account, Login, and Password, and for any activities occurring from Your Account. GNUAPP reserves the right to refuse registration or cancel any Account if it deems inappropriate. You hereby agree that GNUAPP 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 provision.
   
   

9. You must notify GNUAPP immediately of any unauthorized use of Your Account, Login, or Password or any other violation of Your security.
   
   

10. You unconditionally agree that all activities (including, but not limited to activities that directly or indirectly relate 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 knowingly, directly, and by You. You are solely and purely responsible for activities arising from Your Account unless these activities are the result of Force Majeure events.
    
    

11. You may request the termination of Your Account at any time by submitting a request using the GNUAPP Helpdesk.

6. REFUND:

1. You may request a refund of the balance of your payments for GNUAPP services (Data) within 30 (thirty) days after purchase. Requests made after the aforementioned deadline shall not be processed, except for justified requests based on confirmed technical malfunctions of the GNUAPP Application, which were duly and in a timely manner (within 1 hour) notified to GNUAPP (via the Support Contact form in the Application).

2. The costs of Data and other GNUAPP Services actually used shall not be refunded.

3. Any refund request shall be addressed to GNUAPP only and sent through the Support Contact form in the Application. Requests sent to the GNUAPP payment service provider shall not be processed.

4. Any refund request shall be reviewed within 15 (fifteen) business days upon receipt. Confirmed refund requests shall be executed using the payment method you used to make the respective payment.

5. If the requested refundable amount is equal to or less than 10 EUR, the refund will be made in YCOINS (Clause 7 of these Terms).

7. YCOINS:

1. GNUAPP offers its Users the point-based loyalty program “YCOINS”, which allows you to earn and/or buy YCOINS and use them to purchase Data Plans for the GNUAPP Application as well as other Services and Products provided by GNUAPP.

2. You may use YCOINS only via the GNUAPP Application and for purchasing GNUAPP Products and Services only.

3. YCOINS may be earned both:
   (1) by buying them via the GNUAPP application with the respective payment method (Clause 5 of these Terms), and
   (2) by receiving them as a bonus for participating in marketing, promotional campaigns, and other programs provided through the GNUAPP application.

4. YCOINS are not refundable, and Users cannot exchange YCOINS for money and/or other funds. Notwithstanding the foregoing, you may request a refund of YCOINS in case of technical malfunctions of the GNUAPP Application, which were duly and in a timely manner (within 1 hour) notified to GNUAPP (via the Support Contact form in the Application).

5. In case of termination or suspension of your account due to your violation or breach of these Terms, you will lose any and all YCOINS accumulated in your account.

6. PLEASE NOTE:
   (1) The expiry date for each YCOIN is 1 (one) year from the moment of its receipt, regardless of the method of receipt (whether purchased or received as a bonus). YCOINS not used within the aforesaid term will be lost and cannot be recovered.
   (2) When you make your first purchase (e.g., purchase of Data, other GNUAPP services, and products) with YCOINS received as a bonus or a gift (Item (2), subclause 3, Clause 7 of these Terms), a security payment of EUR 0.50 (fifty eurocents) will be requested and/or debited from the payment method specified in your account (e.g., credit card), to prevent the risk of fraudulent use of your YCOINS. The security payment will be used to top up the balance of your YCOINS.
   (3) The security payment shall not be deemed as a purchase, and the amount of the security payment will not be taken into account when calculating bonuses in Referral, Partner Bonus, promotional, and other programs of GNUAPP.

8. USER’S WARRANTIES AND GENERAL OBLIGATIONS:

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

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

   • to provide GNUAPP and its payment service provider with your payment information, credit card and/or other payment method data and information;

   • to authorize GNUAPP and its payment service provider to collect, operate, check, store, and process your credit card and other payment method data and information;
     
     

2. You shall use the GNUAPP 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 rights, and other civil rights protection, policies and laws regulating civil and commercial deeds, policies and laws related to data spamming, privacy, obscenity, or defamation);

3. You shall NOT use the GNUAPP Application, Products, and Services in any way other than as provided by such Products and/or defined in these Terms;

4. You shall NOT copy, adapt, reverse engineer, decompile, or attempt to modify or copy the source code of the GNUAPP Application and other GNUAPP Products and Services. Any such attempt will be considered a violation of intellectual property rights and may result in prosecution;

5. You shall NOT be subjected to any sanctions or other legal restrictions in using GNUAPP, Products, imposed by any country, international organization, or jurisdiction, nor commit or encourage a criminal, administrative offense, or other unlawful activities or wrongdoings, including, but not limited to, causing annoyance to or defrauding GNUAPP and any other person, engaging in, participating in, or performing actions such as spamming, distributing unsolicited emails, unsolicited advertisements, and promotional information, transmitting or distributing a virus or other technologically harmful, destructive, malicious, spying, offensive, or obscene material, programs and/or codes, harmful agents or mechanisms designed to disrupt functionality, harm, disable, or collect information, or posting any other material which is malicious, technologically harmful, or in any way offensive or obscene; attempting to affect the performance or functionality of any GNUAPP Application and other Products and Services as well as products and services of Participating Member Operators.

9. LIABILITY AND TERMINATION:

6. In any case when you violate these Terms and/or law/legal acts and other legal regulations, or if GNUAPP 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, GNUAPP has the right, in its own discretion, to apply such penalties, preventive and punitive actions, and disciplinary sanctions as GNUAPP deems appropriate:

   • Suspend or terminate your account and terminate the Agreement;

   • Restrict, suspend, or terminate the access and use of any GNUAPP Service or Product;

   • Impose other restrictions on your use of any features or functions of the GNUAPP Application and GNUAPP Products.
     
     

7. GNUAPP shall clear the User’s balance if User activity seems malicious or fraudulent and there is a risk of receiving fraudulent payment for accounts.

8. GNUAPP shall terminate the agreement and close/suspend the Account of the User and disconnect the User's access to Services and/or GNUAPP Products if:

• The User abuses GNUAPP Products by improper usage, including for illegal or unethical purposes;

• Any of the information provided by the User upon purchasing the GNUAPP Products is found to be false or unauthorized;

• The User breaches any of the User's obligations under these Terms, including the Privacy Policy.

9. If the User fails to pay GNUAPP any fee or other payment according to these Terms, or the User initiates an improper chargeback or cancels the payment on their credit or debit card, GNUAPP may suspend or close access to the Account and terminate the Agreement. GNUAPP, at its discretion, will report such cases to responsible credit reporting institutions and agencies, law enforcement authorities, and relevant institutional bodies for investigation or prosecution of Users with outstanding amounts.

10. GNUAPP 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 set forth in other clauses of these Terms, in case of any violation of law/legal acts and other legal regulations, GNUAPP may and will disclose your identity and contact information, as requested by a state, governmental institution, law enforcement body, court, or other authorized institution or organization. GNUAPP shall not be liable for your direct, indirect, punitive, incidental, or consequential damages, or any damages whatsoever or results arising from such information disclosure, and the User agrees not to bring any action or claim against GNUAPP for such disclosure.

11. GNUAPP shall terminate the Account, Services, and Agreement if required by state, governmental institutions, law enforcement bodies, courts, or other authorized institutions or organizations.

12. GNUAPP is not liable for your direct, indirect, punitive, incidental, or consequential damages or any damages whatsoever, and other results of the penalties, preventive and punitive actions, and disciplinary sanctions applied to you by GNUAPP in connection with your violation.
    
    

10. NO WARRANTIES:

1. All products and/or services provided by GNUAPP are provided "as is" and "with all faults," and GNUAPP 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 GNUAPP are not fault-tolerant and are not designed, manufactured, or intended for use as online control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or aircraft communication systems, mass transit, direct life support machines, or weapon 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, GNUAPP disclaims any express or implied warranty of fitness for high-risk activities. The User agrees that GNUAPP shall not be liable for any claims or damages arising from or related to the use of GNUAPP products or services in high-risk activities or similar applications.
   
   

11. LIMITATIONS OF LIABILITY:

1. In no event shall GNUAPP be liable under any legal theory to the User 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 the User or any third party for damages relating to personal injury caused by installation or use of any GNUAPP product or service, or for any damages the User may suffer from or in connection with the use or inability to use the GNUAPP SIM or GNUAPP app, including the inability to make emergency service calls.

2. GNUAPP's total aggregate liability for any other damages asserted by the User shall be limited to the User's actual damages caused by any GNUAPP product or service purchased, licensed, or used under this Agreement, and shall in no event exceed the amounts paid to GNUAPP by the User for the three months preceding the non-top-up service or the last top-up service from the date of the claim by the User, under the applicable schedule for the specific product or service that are the subject of the User's claim against GNUAPP.

3. To the extent that any products, services, or facilities provided hereunder, or in relation to this Agreement, are provided by third parties pursuant to an arrangement with GNUAPP, the disclaimers and limitations of GNUAPP's liability set forth herein shall extend fully to such third parties. The disclaimers and exclusions contained herein are independent of any exclusive remedy and shall apply notwithstanding the failure of such exclusive remedy.

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 GNUAPP has been advised of, or is aware of, the possibilities of such damages. GNUAPP 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, GNUAPP 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. GNUAPP does not and cannot control the quality of the participating member operator's networks in which service(s) may be used or interconnected with. Therefore, GNUAPP disclaims any and all liability that may arise from the performance, including failure, of the participating member operator's networks.

6. GNUAPP does not and cannot control and warrant, and therefore disclaims any and all liability for the quality and availability of any extra features and functions such as hotspot, LTE, etc., of the participating member operator's.

7. GNUAPP disclaims any and all liability for "unsuccessful payments" charged from your credit card and/or other payment methods, if "unsuccessful payment" reasons are:

• expired card or incorrect card number;

• the card declined based on location;

• there aren’t sufficient funds on the card;

• the card is over its limit;

• the card is blocked by the bank’s fraud system;

• other errors on the side of the User or User’s bank.
  
  

8. 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.
   
   

12. CHANGES IN REGULATION:

1. The User and GNUAPP understand and agree that regulators of the Participating Member Operator's networks, or other bodies of competent legal jurisdiction, may impose regulations on telecommunication services. If new regulations are imposed upon GNUAPP, then the User hereby acknowledges that GNUAPP is authorized to make changes to these Terms that reflect the new regulations and will post such changes via the GNUAPP 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.
   
   

13. CONSENT OF THE USER:

1. Upon opening an account with GNUAPP, such person becomes the User who has expressly consented to allow GNUAPP to collect, process, use, and retain the User's personal information according to these Terms and those within GNUAPP's Privacy Policy.

2. If you do not want to agree to our Terms and/or Privacy Policy, please do not use the GNUAPP Application, GNUAPP Services, Products, or any of GNUAPP's offerings via the GNUAPP Application. GNUAPP uses the consent that you, the User, had expressly provided us upon the opening of your GNUAPP account and/or when you use GNUAPP Products. GNUAPP does not share your personal information except with affiliated third parties who work with GNUAPP to provide your purchased Services – please refer to our Privacy Policy for details regarding sharing information with third parties.

3. The User may request the deletion of their Account at any time by submitting a request via the Support Contact Form in the Application.

4. GNUAPP is committed to providing our visitors to gnuvpn.com or esimsecure.com with a great experience but also protecting our rights and the rights of our users. GNUAPP takes the User's privacy seriously. Please refer to GNUAPP's Privacy Policy for full details at gnuvpn.com.
   
   

14. FORCE MAJEURE:

1. GNUAPP 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 materials, services, or labor;

• any other event beyond the reasonable control of GNUAPP.