Terms & Conditions
Last updated: February 13, 2026
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "you") and Danto’s App CORP ("Company", "we", "our", or "us"), governing your access to and use of our website, mobile application (the “App”), electronic SIM cards ("eSIMs"), and related services including mobile data plans ("Data Plans") (collectively, the "Services").
By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services.
1. Introduction
1.1. Scope of the Agreement
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User” or “you”) and Danto’s App CORP, a company incorporated under the laws of [Your Jurisdiction], governing your access to and use of our mobile application (the “App”), website (the “Site”), software, and services (collectively, the “Services”), including but not limited to our electronic SIM card (“eSIM”) solutions and prepaid data plans (“Data Plans”).
By using or accessing our Services, installing an eSIM, or creating an account, you agree to comply with and be bound by these Terms, as well as our Privacy Policy. If you do not agree with these Terms, you must not use the Services.
1.2. Application of These Terms
These Terms apply to personal, non-commercial use of our Services. If you are using the Services on behalf of a company, organization, or other legal entity, additional or separate terms (such as business terms) may apply and must be agreed upon in writing.
1.3. Updates and Modifications
We may update these Terms from time to time in response to changes in legal, technical, or business developments. When we update our Terms, we will take appropriate measures to inform you, consistent with the significance of the changes we make (e.g., app notification, email, or website notice). Continued use of the Services after such updates means you accept the revised Terms.
1.4. Acceptance and Age Requirements
By using our Services, you affirm that you are at least 18 years old (or the age of legal majority in your jurisdiction) and legally competent to enter into this agreement.
By using the App or creating an Account, you represent and warrant that you meet the applicable legal age requirement and have full legal capacity to enter into this agreement.
If you are accessing the Services on behalf of another individual or legal entity, you represent that you are authorized to bind that party to these Terms.
If you do not meet these criteria, you must not access or use the Services.
1.5. Legal Nature and Enforceability
These Terms, along with our Privacy Policy and any applicable additional policies or agreements (such as specific eSIM usage policies or local regulatory terms), form the entire agreement between you and Danto’s App CORP. They supersede all prior agreements, whether oral or written.
1.6. Definitions
- “eSIM”: An embedded SIM profile provisioned digitally onto your compatible mobile device, allowing access to mobile network services.
- “Data Plan”: A prepaid mobile data bundle associated with a particular region, validity period, and data capacity.
- “User”, “you”: Any person using or intending to use our Services under these Terms.
2. Description of Services
2.1. Overview of the Services
Kirapp provides mobile connectivity services through the use of embedded SIM (eSIM) technology. These services allow users to obtain and activate prepaid data plans (“Data Plans”) without the need for a physical SIM card. Data Plans are offered for personal, non-commercial use and are designed to work in conjunction with eSIM-compatible and network-unlocked mobile devices.
The Services are made available to users via our mobile application (the “App”) and/or website, and may include access to additional functionalities such as usage dashboards, auto top-up configuration, data usage alerts, and customer support.
2.2. Account Registration and Access
To access and use the Services, you are required to create an individual user account (“Account”) via the App or our official website. During registration, you will be asked to provide personal and contact information including but not limited to: your full name and email address.
By registering an Account, you agree to:
- Provide accurate, complete, and up-to-date information;
- Maintain the confidentiality of your credentials;
- Be solely responsible for all activities performed under your Account;
- Immediately notify us of any unauthorized access or suspected security breach.
Accounts are personal and non-transferable. You may not assign or allow third parties to access your Account.
2.3. Device Compatibility
You are solely responsible for ensuring that your mobile device is:
- eSIM-compatible;
- Unlocked (i.e., not restricted by a carrier or region lock);
- Connected to the internet during the eSIM installation process.
A list of compatible devices is published on our website and within the App; however, it is not exhaustive. Devices not listed may still be compatible, and newly released models may not yet appear. We do not guarantee compatibility outside of the devices explicitly stated as supported.
By confirming compatibility at the time of purchase, you accept full responsibility for verifying your device’s ability to support eSIM installation and data plan functionality.
2.4. Purchase, Installation, and Activation
After purchasing a Data Plan through the App or website, you will be able to download and install the corresponding eSIM to your device. The eSIM may be installed by scanning a QR code, clicking a download link, or using in-app installation (depending on the platform).
The installation process requires an active internet connection.
Activation Timing:
The Data Plan becomes active when the eSIM is first connected to a mobile network within its designated coverage region. The validity period begins at this point.
Multiple eSIMs:
You may have more than one eSIM installed, depending on your device’s capabilities. However, only one mobile data eSIM can typically be active at a time unless your device supports dual eSIM functionality.
Important Notes:
- You are responsible for completing the installation and activation process.
- You must not delete the eSIM prior to full usage of the Data Plan, as deleted eSIMs cannot be restored.
2.5. Validity and Expiration of Data Plans
Each Data Plan has a defined validity period and data capacity. The validity duration starts when the eSIM connects to a mobile network in a supported country, not at the time of purchase.
You acknowledge and agree that:
- Unused data will expire at the end of the validity period.
- There are no refunds or extensions for unused data or time unless explicitly stated in the Refund Policy.
- Expiration dates are final and non-adjustable once the plan is activated.
2.6. Fair Usage and Prohibited Activities
The Services are offered for individual, non-commercial use. We reserve the right to suspend, throttle, or terminate your access if your usage is deemed abusive, excessive, or in violation of these Terms.
Examples of Prohibited Use:
- Reselling or redistributing mobile data or eSIM profiles;
- Continuous tethering/hotspot usage that exceeds typical personal use;
- Use as a permanent replacement for fixed-line broadband connections;
- High-volume machine-to-machine data transfers or automated scripts;
- Activities that interfere with network performance or degrade service for other users.
Fair Usage Measures:
For unlimited or high-capacity plans, we may apply daily data thresholds, throttle speeds after exceeding certain limits, or monitor for repeated abnormal behavior. These measures help maintain service quality across our user base.
2.7. Service Availability and Limitations
The Services are offered “as is” and “as available.” We do not guarantee uninterrupted or error-free service. Actual data speeds, availability, and coverage may vary depending on:
- Your location;
- Local regulations;
- Network congestion;
- Our connectivity partners' infrastructure.
We will make commercially reasonable efforts to ensure service continuity, but we do not warrant:
- Full network coverage in all locations;
- Specific data speeds or latency;
- That all countries or carriers will be supported at all times.
We may temporarily suspend Services to perform maintenance, upgrades, or comply with regulatory obligations.
2.8. Suspension and Termination of Services
We reserve the right to suspend or permanently terminate your access to the Services without notice under the following circumstances:
- Breach of these Terms or our Acceptable Use Policy;
- Evidence of fraud, abuse, or illegal activity;
- Regulatory or governmental orders;
- Security threats or suspected misuse;
- Inability to verify user identity if requested.
Whenever possible, we will notify you of the reason for suspension and provide steps for reinstatement.
2.9. Roaming and International Use
Roaming coverage is determined by the scope of your purchased Data Plan. Using the Services outside the stated coverage area may result in:
- No connectivity;
- Accelerated consumption of data due to roaming policies;
- Inability to connect to a local network.
It is your responsibility to check coverage before traveling. We disclaim responsibility for limitations caused by local telecom restrictions or government-imposed network blocks.
2.10. Disclaimer and Liability
We disclaim all warranties, express or implied, including:
- Fitness for a particular purpose;
- Reliability or availability;
- Compatibility with non-supported devices.
To the extent permitted by applicable law, we shall not be liable for:
- Indirect or consequential damages;
- Loss of income, business, or data;
- Device malfunctions caused by eSIM installation or use.
Our maximum liability shall be limited to the total amount paid by you for the affected Service.
3. Account Registration and User Responsibilities
3.1. Account Eligibility and Creation
To access and use certain features of the Services—such as purchasing Data Plans, downloading eSIMs, managing your usage history, or receiving customer support—you must first create a personal user account (“Account”) through our mobile application or website.
By registering for an Account, you represent and warrant that:
- You are at least 18 years old or the age of legal majority in your jurisdiction;
- You have full legal capacity to enter into a binding contract under applicable law;
- The information you provide (including your name, email address, and billing details) is truthful, accurate, current, and complete at the time of registration and throughout your use of the Services.
We reserve the right to reject any registration, suspend access, or terminate an Account if the information provided is inaccurate, incomplete, misleading, or violates any part of these Terms.
3.2. Personal Responsibility for the Account
You are solely responsible for the confidentiality and security of your Account credentials, including your password and any third-party login integration (e.g., Apple ID, Google, or Facebook).
You agree to:
- Keep your password and access credentials confidential;
- Not share your Account with any third party;
- Notify us immediately at support@dantosapp.com of any suspected unauthorized access or breach of security.
All activities that occur under your Account will be considered your own, and you will be held fully liable for them, whether or not such use was authorized by you.
We disclaim liability for any loss or damage resulting from failure to maintain adequate Account security.
3.3. Account Ownership and Access Control
Accounts are personal, non-commercial, and non-transferable unless expressly authorized by us in writing. You may not:
- Create an Account for anyone other than yourself without proper legal authority;
- Assign, lease, sublicense, or otherwise transfer your Account to another person or entity;
- Permit others to use your login credentials to access the Services.
If you lose access to your Account and are unable to verify ownership, we may not be able to recover it or issue refunds for unused Services.
3.4. Multiple Account Restriction
You may not create or control multiple Accounts for fraudulent purposes, to bypass usage limitations, exploit pricing, take advantage of promotions, or interfere with system integrity. Violations may result in the termination of all associated Accounts and revocation of active eSIMs or Data Plans without notice.
We reserve the right to investigate suspected abuse and take action at our sole discretion.
3.5. Use of Third-Party Authentication Services
We may allow you to register or sign in to the App using a third-party authentication provider, such as:
- Apple ID
- Google Sign-In
- Your Email Address
By choosing a third-party login option, you authorize us to collect and process certain personal data from that provider as outlined in our Privacy Policy. You remain fully responsible for activity conducted under your Account, regardless of the sign-in method used.
3.6. Business, Corporate, or Enterprise Use
If you are creating or using an Account on behalf of a business, nonprofit, or other legal entity:
- You represent and warrant that you have full legal authority to bind that entity to these Terms;
- The entity will be considered the Account holder for all contractual and billing purposes;
- You agree that all use of the Services must comply with applicable laws and any relevant commercial agreements.
Separate terms or enterprise service agreements may apply and must be requested in writing.
3.7. Compliance and Audit
We reserve the right to monitor and audit Account activity to ensure compliance with these Terms, applicable laws, and platform policies (e.g., App Store, Google Play). Failure to comply may result in suspension, termination, or legal enforcement actions.
4. Purchase and Activation of the eSIM
4.1. Device Compatibility and Technical Requirements
Prior to making any purchase, it is your sole responsibility to ensure that your device meets all technical requirements necessary for the installation and activation of an eSIM. These requirements include, but are not limited to:
- A fully unlocked mobile device not tied to any specific carrier or geographic region;
- Native eSIM support as defined by the device manufacturer (e.g., Apple, Samsung, Google);
- An active internet connection (Wi-Fi or mobile) for downloading and provisioning the eSIM profile;
- Up-to-date operating system software capable of processing eSIM configurations;
- Hardware that has not been rooted, jailbroken, or modified in a manner that could interfere with eSIM functionality.
We provide a reference list of supported devices on our website and inside the App. However, the list is not exhaustive, and inclusion on the list does not guarantee compatibility across all regions or carriers. Users are expected to verify eSIM readiness independently and acknowledge that purchases made for incompatible devices are not eligible for refunds unless specifically covered under our Refund Policy.
4.2. Pre-Purchase Disclosures
By completing a transaction, you expressly acknowledge and agree that:
- You have reviewed the product description, regional coverage map, data allocation, and validity period of the plan;
- You are aware that some features (e.g., speed, tethering, roaming) may vary depending on the country and local carrier policies;
- You accept that once purchased, the eSIM cannot be transferred, resold, or reused on a different account or device.
If your device or region does not support eSIM functionality, or if you are traveling to a jurisdiction where eSIM provisioning is blocked, you accept full liability and waive the right to dispute the purchase on those grounds.
4.3. Purchasing Process
Data Plans and eSIMs may be purchased directly from within our App or on our website. During checkout, you must provide valid payment details through an accepted method, such as:
- Credit/debit cards;
- Apple Pay or Google Pay;
- Local or regional payment gateways (where applicable).
Once payment is successfully authorized:
- You will receive an eSIM activation package associated with your user Account;
- The eSIM will be delivered either through an in-app installation interface, downloadable QR code, or email;
- You will be prompted to install the eSIM on your device immediately or at a later time.
All prices are displayed in the App and website in the supported currency and include taxes, where required by law.
4.4. eSIM Installation and Delivery
Your eSIM may be delivered using one or more of the following methods:
- QR Code: Scan from device settings to download the eSIM profile;
- In-App Installation: Install directly from the App if your device OS supports native integration;
- Manual Configuration: Input of SM-DP+ address and activation code provided via the App or email.
During installation, the device must remain connected to the internet and should not be powered off or reset. You are solely responsible for ensuring correct installation. If installation fails due to user error, no refund will be granted unless otherwise specified in our Refund Policy.
Once the eSIM is downloaded and activated, it remains tied to that device and cannot be reused on another device or restored after deletion.
4.5. Activation of the eSIM and Data Plan
The validity of your Data Plan will commence only when:
- The installed eSIM successfully connects to a supported mobile network within the coverage area for the first time;
- This initial connection completes the activation process and starts the countdown of the validity period.
Please note:
- Installing an eSIM does not automatically activate the plan;
- The validity period is based on time (e.g., 7 days, 30 days) or data usage (e.g., 1GB, 5GB), depending on the plan type;
- If the eSIM is installed in a country where the plan does not have coverage, activation will not occur until you enter a supported location.
Once activated, the plan cannot be paused, reset, or reissued, regardless of usage or connectivity quality.
4.6. Expiration and Plan Validity
Each eSIM Data Plan is subject to a defined validity period, which will expire either:
- Upon full consumption of the allocated data quota, or
- At the end of the fixed duration period (e.g., 10 days), whichever occurs first.
When the validity period ends:
- Remaining data is automatically forfeited;
- The eSIM profile may remain on the device but will be inactive;
- You may delete the eSIM at your discretion, although doing so before the end of the plan may result in irreversible loss of service.
You are responsible for monitoring usage and ensuring proper configuration. We provide tools within the App to track usage, but cannot guarantee real-time accuracy of all statistics due to third-party carrier behavior.
4.7. Optional Features: Auto-Renewal and Add-Ons
Some Data Plans may offer optional features such as:
- Auto-Renewal: Automatically charges your payment method and reactivates the same plan once the current one expires or is depleted. You must opt in to enable this feature. You may disable it at any time through your Account settings.
- Data Top-Ups: Add additional data to your existing active plan without restarting the validity period.
- Regional Upgrades: In select cases, you may convert a local plan into a broader regional or global plan, subject to availability.
These features may be governed by additional service terms and will only activate upon user confirmation.
4.8. Restrictions Based on Jurisdiction
Some countries may block eSIM downloads, activation, or roaming functionality due to local telecom regulations. These may include (but are not limited to):
- China, India, Turkey, United Arab Emirates, and certain African or Central Asian jurisdictions.
If your travel destination restricts eSIM usage, you acknowledge that activation may be impossible, and no refunds will be issued in such cases unless mandated by local consumer protection laws.
4.9. Fraud Prevention and Abuse Controls
To maintain service integrity and prevent abuse:
- We may perform automated checks on all transactions;
- In cases of suspected fraud or misuse (such as repeated chargebacks, spoofing devices, or identity concealment), your purchase may be delayed, suspended, or canceled;
- We reserve the right to deny Services to individuals with a history of abuse, refund manipulation, or violations of our Terms.
If we detect suspicious behavior, your Account may be temporarily locked until we complete a manual review.
5. Payments and Pricing
5.1. Accepted Payment Methods
We offer a range of secure payment options to accommodate users in various countries and platforms. Depending on your location, device, or platform, accepted methods may include:
- Major international credit and debit cards (Visa, Mastercard, American Express, Discover);
- Digital wallets (Apple Pay, Google Pay, PayPal, and others where available);
- Local payment methods or regional gateways supported in your country;
- In-app purchases facilitated through the Apple App Store or Google Play Store (subject to their respective terms).
All transactions are processed using PCI-compliant payment providers. We do not store full card information on our servers.
5.2. Authorization and Consent to Charge
By submitting your payment details and confirming a purchase, you explicitly:
- Authorize us (or our authorized payment processor) to charge the total amount indicated at checkout to your selected payment method;
- Confirm that you are the rightful owner or authorized user of the payment method provided;
- Acknowledge that payment is required in full before we can provision or grant access to any eSIM or associated service.
You agree not to initiate chargebacks or disputes without first contacting us in good faith to resolve the issue.
5.3. Pricing Transparency and Currency
All prices for eSIMs, Data Plans, and other Services are clearly displayed in the App or on our website prior to purchase.
- Prices may be shown in your local currency or a standard billing currency (e.g., USD, EUR) depending on your region and platform;
- Unless expressly stated otherwise, all prices include applicable indirect taxes (such as VAT or GST);
- Pricing may vary based on your country of residence, billing address, or App Store region.
You acknowledge and accept that:
- Currency exchange rates, foreign transaction fees, or other third-party banking charges may apply;
- We are not responsible for any additional costs imposed by your card issuer, bank, or payment gateway.
5.4. Payment Processing and Timing
Your payment will be processed immediately upon confirming a purchase. You will receive:
- A digital confirmation of the transaction via email or in-app notification;
- A receipt or invoice (where legally required) including a breakdown of the amount paid, currency, and taxes applied.
For payments made via third-party app marketplaces (such as Apple or Google), the respective platform is solely responsible for processing, invoicing, and handling any billing issues related to those purchases.
5.5. Subscription and Auto-Renewal Terms (If Applicable)
Some plans may include subscription-based access, recurring billing, or automatic renewal options. Where applicable:
- You will be notified during purchase if a plan includes auto-renewal;
- The billing frequency (e.g., monthly, annually) and the applicable rate will be clearly disclosed;
- Unless you cancel the subscription at least 24 hours before the renewal date, your chosen payment method will be charged automatically for the next billing cycle.
You may cancel or modify auto-renewal at any time via:
- Your Account settings in the App;
- The Apple App Store or Google Play subscription management panel.
No refunds will be provided for partial billing periods already charged, unless otherwise stated in our Refund Policy.
5.6. Payment Failures, Declines, and Reversals
If your payment is declined, reversed, or disputed:
- We reserve the right to suspend or revoke access to any eSIM, Data Plan, or Service tied to that transaction;
- We may restrict your ability to make future purchases until the issue is resolved;
- In cases of chargebacks, we reserve the right to report your Account for misuse and recover any associated costs or service value delivered.
You are responsible for maintaining accurate billing information to avoid disruptions.
5.7. Fraud Protection and Account Security
To prevent unauthorized activity and reduce the risk of fraudulent transactions:
- We use fraud detection systems and may manually review flagged purchases;
- We reserve the right to request additional verification (e.g., email confirmation, identity documents) before processing high-risk payments;
- Suspicious or excessive refund behavior may result in Account suspension.
If fraud is suspected, delivery of eSIMs and Services may be delayed or denied until the matter is resolved.
5.8. Changes to Pricing
We reserve the right to update or adjust our pricing structure at any time. However:
- No changes will affect plans you have already purchased;
- For subscription or recurring plans, we will notify you in advance of any price increases, and you will have the opportunity to cancel before the new rate applies.
We are not obligated to match historical prices or promotional rates outside of designated periods.
5.9. Taxes and Regulatory Fees
Depending on your location, we may be required to collect and remit indirect taxes such as:
- Value Added Tax (VAT);
- Goods and Services Tax (GST);
- Digital service levies, or other transaction-based taxes.
These taxes will be calculated at checkout and shown in your order summary. You are responsible for understanding your local tax obligations and ensuring compliance with applicable tax laws in your jurisdiction.
5.10. Cashback and Promotional Credits
From time to time, we may offer promotional credits or cashback incentives in connection with eligible purchases of eSIMs, Data Plans, or other Services within the App.
Cashback consists of a promotional credit that is automatically applied to your in-app account balance following a completed and successfully processed purchase. The applicable cashback amount, if any, will be communicated at the time of purchase and/or in the transaction confirmation.
You acknowledge and agree that:
- Cashback is a promotional benefit and does not constitute stored monetary value, electronic money, or a bank deposit;
- Cashback has no cash value outside the App and cannot be withdrawn, transferred, exchanged, or redeemed for cash;
- Cashback may only be used toward future purchases within the App, subject to availability and applicable restrictions;
- Cashback may be subject to expiration periods, minimum spend requirements, or other promotional conditions, which will be disclosed where applicable.
In the event of a refund, chargeback, payment reversal, or fraudulent activity related to the qualifying transaction, we reserve the right to revoke or adjust any associated cashback credit.
We further reserve the right to modify, suspend, or discontinue the cashback program at any time, at our sole discretion, provided that such changes do not unlawfully affect accrued promotional credits already granted.
6. Refunds and Return Policy
6.1. General Policy
Due to the nature of digital products and telecommunications services, all purchases of eSIMs and Data Plans are considered final and non-refundable once delivered, activated, or used, unless otherwise required by applicable law or explicitly stated in this policy.
We strongly encourage users to verify device compatibility, plan details, and regional coverage prior to making a purchase. By completing a transaction, you acknowledge and accept that no refunds will be granted after delivery or activation, whether in whole or in part.
6.2. Eligibility for Refunds
Refund requests may be considered in limited, exceptional cases, and are subject to review and approval by our support team. We may grant refunds under the following circumstances:
- Activation Failure: Despite following all installation instructions and being in a supported coverage region, the eSIM failed to activate or connect to the network.
- Duplicate Purchase: The same plan was unintentionally purchased more than once under the same Account within a short timeframe.
- Unauthorized Transaction: The transaction was made without your knowledge or authorization, and sufficient evidence is provided.
To be eligible for a refund:
- The refund request must be submitted within 7 calendar days of purchase.
- The eSIM must not have been used, activated, or deleted.
- The issue must not be the result of user error, negligence, or non-compliance with device requirements.
6.3. Non-Refundable Scenarios
Refunds will not be issued under the following conditions:
- You changed your mind after the purchase;
- You failed to confirm device compatibility or regional coverage before purchasing;
- The eSIM was deleted, reset, or lost after installation;
- You were unable to use the service due to weak signal, roaming restrictions, or device-specific issues;
- You partially used the data plan or validity period;
- Your travel plans changed or were canceled after purchase.
We reserve the right to decline refund requests that do not meet the criteria outlined in this policy.
6.4. Submitting a Refund Request
To submit a refund request, please contact our customer support team at support@dantosapp.com, including the following information:
- Your full name and the email address associated with your Account;
- The transaction ID or order number;
- A detailed explanation of the issue (including screenshots, if relevant);
- Your device model and operating system version.
Refund requests will be reviewed within 5 to 10 business days, and you will be notified of the outcome by email.
If approved, the refund will be processed to your original payment method. Processing times may vary depending on your bank or payment provider.
6.5. Misuse and Abuse of the Refund Process
We reserve the right to deny refunds and take action—including account suspension or restriction—if we detect:
- Excessive or repeated refund requests without valid justification;
- Evidence of eSIM usage followed by refund demands;
- Attempts to manipulate refund policies for free or extended access.
Any misuse of the refund process may result in permanent restrictions on your Account.
6.6. Consumer Rights and Jurisdictional Compliance
This Refund Policy does not limit or exclude any rights you may have under applicable consumer protection laws. Where local regulations grant mandatory refunds, cooling-off periods, or additional protections, we will comply in accordance with those laws.
6.7. Impact of Refunds on Cashback or Promotional Credits
If a purchase that generated cashback or promotional credit is refunded, reversed, disputed, or canceled for any reason, any associated cashback credited to your Account may be revoked, deducted, or adjusted accordingly.
If the cashback has already been partially or fully used at the time of the refund, we reserve the right to:
- Deduct the used amount from your remaining Account balance; or
- Offset the value against the refunded amount, where legally permissible.
Cashback and promotional credits are conditional benefits tied to qualifying purchases and do not create independent refund rights.
7. Fair Usage Policy
7.1. Purpose and Scope
This Fair Usage Policy (“Policy”) forms part of our Terms and Conditions and applies to all users of our Services, including but not limited to all eSIM-based Data Plans offered via our App or website.
The purpose of this Policy is to ensure that all users enjoy consistent, reliable, and secure mobile data connectivity. While we strive to offer competitive pricing and generous data allowances, the availability of mobile bandwidth is finite. Fair usage guidelines are necessary to ensure that no individual’s usage negatively impacts the experience of others.
By using our Services, you agree to abide by this Policy at all times.
7.2. What Constitutes Fair Usage
Fair usage means using our Services reasonably, responsibly, and as intended, in accordance with your purchased plan and applicable laws.
You may use your Data Plan for typical personal mobile data activities such as:
- Web browsing, email, and instant messaging;
- Streaming music, video, and social media content;
- VoIP and video calling on supported apps;
- Temporary personal tethering or hotspot use (if allowed by your plan);
- Occasional downloading of files, updates, or documents.
These activities should be conducted in a manner that does not impair the network, cause congestion, or consume disproportionate amounts of bandwidth relative to normal user behavior.
7.3. Prohibited and Excessive Usage
You may not use the Services for any activity that:
- Is commercial in nature, including reselling, rebundling, or redistributing your data connection to others;
- Involves continuous or high-volume tethering for use as home broadband, server hosting, or IoT/M2M deployments;
- Utilizes VPN tunneling, proxies, or geolocation circumvention tools to bypass regional restrictions or fair usage controls;
- Involves high-bandwidth automated processes, such as running cloud backups, cryptocurrency mining, large-scale torrenting, or serving files;
- Violates any law, regulation, third-party rights, or terms of mobile carrier networks we rely on.
In addition, you may not engage in any activity that we reasonably believe is:
- Fraudulent, abusive, or harassing to others;
- Designed to degrade network performance or overload shared infrastructure;
- A deliberate attempt to exploit “unlimited” or “high-capacity” plans beyond what could be reasonably expected of individual use.
7.4. Unlimited or High-Capacity Plans
Where available, unlimited or high-capacity Data Plans are subject to responsible use. These plans are not intended for:
- Permanent data replacement for fixed-line internet;
- Continuous video streaming at high resolutions (e.g., 4K/8K);
- Prolonged or unattended tethering of multiple devices.
We may apply traffic management practices, including speed limitations or temporary suspension, if your usage consistently exceeds the fair use thresholds set internally based on current network conditions, roaming agreements, or regional regulations.
Thresholds may vary across plans and geographies, and we reserve the right not to disclose specific limits to prevent circumvention.
7.5. Business or Organizational Use
Unless you have entered into a commercial or enterprise agreement with us, all Data Plans are intended for personal use only.
If you wish to use our Services in a commercial context (e.g., for fleets, devices at scale, or field operations), please contact us for an enterprise solution. Unauthorized business use of personal Data Plans may result in immediate suspension of your account.
7.6. Monitoring, Enforcement, and Remediation
To uphold service integrity:
- We actively monitor network usage patterns to identify abnormal, excessive, or unauthorized usage;
- If your usage violates this Policy, we may issue a warning, impose bandwidth restrictions, or temporarily suspend access to your Data Plan;
- In cases of repeated or severe violations, we may permanently terminate access to the Service and ban future purchases.
You may request a review of enforcement actions by contacting our support team at support@dantosapp.com. Requests will be reviewed on a case-by-case basis.
7.7. Reporting Misuse
If you become aware of a violation of this Policy or suspect abuse (such as unauthorized reselling or fraud), please notify our team at support@dantosapp.com. We appreciate your assistance in protecting service quality for all users.
7.8. Changes to This Policy
We reserve the right to update or revise this Policy at any time. Any material changes will be communicated via the App, website, or email. Continued use of the Services after the effective date of any change constitutes your acceptance of the revised Policy.
8. User Conduct
8.1. Overview and Core Principles
As a user of our Services, you agree to conduct yourself in a manner that reflects integrity, legality, and respect toward other users, our partners, and the broader digital ecosystem. Your actions—whether through the App, website, customer support channels, or mobile networks—must align with the principles of lawful use, ethical behavior, and personal responsibility.
You are solely responsible for any activity performed under your Account and for ensuring that your use of our Services does not violate any applicable laws, terms, or third-party rights.
8.2. Code of Acceptable Use
By accessing or using the Services, you agree that you will not, under any circumstances:
a. Technical Abuse
- Access, probe, or tamper with our systems, networks, APIs, or infrastructure without authorization;
- Introduce or distribute malware, spyware, or harmful code that may compromise data or service integrity;
- Use automated tools (bots, scripts, crawlers, or brute-force utilities) to disrupt or manipulate service operations;
- Attempt to bypass rate limits, firewalls, authentication systems, or encryption protections;
- Reverse engineer, decompile, or disassemble any part of the App or related software.
b. Legal and Regulatory Violations
- Use the Services for unlawful, fraudulent, or criminal purposes, including identity theft, stalking, phishing, or harassment;
- Transmit content that is abusive, threatening, discriminatory, hateful, or violates human dignity;
- Infringe upon the intellectual property rights, privacy, or data protection rights of others;
- Share or distribute false, misleading, or harmful information through the platform.
c. Commercial and Service Abuse
- Resell, lease, sublicense, or distribute eSIMs or Data Plans without express written authorization;
- Operate multiple Accounts with the intent to bypass usage limitations, circumvent plan restrictions, or abuse promotions and referral systems;
- Use the Services in a way that imposes an unreasonable load on our servers, bandwidth, or carrier infrastructure;
- Use our Services as a permanent or primary substitute for fixed commercial internet or device fleets unless explicitly authorized.
d. Misrepresentation and Identity Abuse
- Impersonate any individual, company, or legal entity, or otherwise misrepresent your affiliation with any person or organization;
- Use another person’s Account or credentials without permission;
- Provide false, misleading, or outdated information during registration, identity verification, or support communications.
8.3. Platform and Carrier Compliance
As a condition of use, you agree to comply with:
- All local, regional, national, and international laws and regulations that apply to your use of the Services;
- The developer and user guidelines imposed by platforms such as the Apple App Store, Google Play, or any other distribution channel;
- The acceptable use policies and roaming restrictions of the mobile carriers whose infrastructure is used to deliver your Data Plan.
Violation of platform or carrier rules may result in immediate suspension of your access without entitlement to a refund.
8.4. Consequences of Misconduct
We reserve the right—at our sole discretion—to investigate suspected misconduct, abuse, or violations of these Terms, and to take appropriate action without prior notice. Such actions may include:
- Issuing a formal warning with a request to cease the offending behavior;
- Temporarily or permanently suspending or disabling your Account;
- Revoking access to one or more eSIMs or Data Plans, without compensation;
- Denying access to future purchases or registrations;
- Reporting illegal activity to the appropriate authorities or cooperating with law enforcement investigations.
You acknowledge and agree that we shall not be liable for any losses, damages, or inconveniences arising from enforcement actions taken under this section.
8.5. Appeals and Dispute of Actions
If you believe that a corrective action taken against your Account was made in error, you may request a review by contacting support@dantosapp.com. Reviews are conducted on a case-by-case basis. We may, but are not obligated to, reverse or modify enforcement decisions.
8.6. Reporting Misconduct
We value the safety and trust of our user community. If you experience or witness behavior that violates this Policy, please report it to us at support@dantosapp.com. All reports are reviewed confidentially and treated in accordance with our Privacy Policy.
9. Disclaimer and Limitation of Liability
9.1. General Disclaimer
You acknowledge and agree that you use the Services at your own risk. All content, features, eSIMs, Data Plans, and functionality are provided on an “as is,” “as available,” and “with all faults” basis, without any warranties of any kind—express, implied, or statutory.
To the maximum extent permitted by law, we disclaim all warranties and representations, including but not limited to:
- Warranties of merchantability, fitness for a particular purpose, non-infringement, and satisfactory quality;
- Warranties regarding uninterrupted, secure, timely, or error-free availability or performance;
- Warranties that the Services will meet your individual expectations, work on all devices, or function under all network conditions.
We do not warrant that the Services will operate without interruptions, delays, or defects, nor do we guarantee that all functions will be available or functional in every country, region, or network.
9.2. Connectivity and Coverage Limitations
The functionality of our Services—including eSIM activation and mobile data access—depends in large part on third-party network operators, local mobile carriers, hardware manufacturers, and roaming agreements. These are outside our control.
Accordingly, we do not guarantee or warrant:
- Full or continuous data connectivity in all geographic areas;
- Compatibility of the eSIM with your specific device, operating system, or firmware version;
- Successful activation of an eSIM if your device is locked, region-restricted, unsupported, or lacks a stable internet connection during installation.
It is your sole responsibility to verify device compatibility and coverage availability before purchasing or activating any Data Plan. We are not liable for connectivity issues caused by technical or environmental limitations.
9.3. Third-Party Platforms, Content, and Dependencies
Our Services may integrate with, depend on, or redirect you to third-party tools, platforms, or networks—including payment gateways (e.g., Stripe, Apple Pay, Google Pay), mobile carriers, app stores, and websites.
We do not control and are not responsible for:
- The availability, reliability, or performance of any third-party service or infrastructure;
- The accuracy, legality, or security of content, policies, or actions taken by those third parties;
- Delays, errors, or failures originating from external platforms, mobile networks, or system APIs.
Your use of any third-party services is subject to their own terms of service and privacy policies, which we encourage you to review.
9.4. Limitation of Liability
To the fullest extent permitted by applicable law, we—and our directors, employees, agents, affiliates, partners, and licensors—shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages arising out of or related to:
- Use or inability to use the App, website, eSIMs, or Services;
- Delays or disruptions in access, activation, or service availability;
- Data loss, corruption, or breach resulting from network instability or system errors;
- Unauthorized access to or alteration of your transmissions, Account, or stored data;
- Failure of your device or operating system to support eSIM functionality;
- Errors or omissions in any information provided via the platform.
This applies whether the claim is based in contract, tort (including negligence), strict liability, warranty, or any other legal theory—even if we have been advised of the possibility of such damages.
9.5. Limitation of Aggregate Liability
To the extent permitted by law, our total cumulative liability for all claims under or in connection with these Terms—regardless of form or cause—shall not exceed:
- The total amount paid by you for the Services in the three (3) months prior to the event giving rise to the claim; or
- One hundred U.S. dollars (USD $100) (or the equivalent in your local currency), whichever is greater.
This limitation applies even if any remedy provided fails of its essential purpose.
9.6. Indemnification
You agree to indemnify, defend, and hold harmless us and our affiliates, employees, directors, and service providers from any and all third-party claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or related to:
- Your use or misuse of the Services;
- Your violation of these Terms or any applicable laws or regulations;
- Your infringement of any intellectual property, privacy, or other rights of any third party;
- Any unauthorized use of your Account or access credentials, whether or not you were aware of such use.
We reserve the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate fully in such cases.
9.7. Jurisdictional Limitations
Some jurisdictions may not allow the exclusion of certain warranties or the limitation or exclusion of certain types of liability. In such cases, our liability shall be limited to the maximum extent permitted by applicable law.
Nothing in this section is intended to exclude or limit any rights you may have under mandatory consumer protection laws that apply in your country of residence.
10. Third-Party Services and App Store Terms
10.1. Integration with Third Parties
Our Services may incorporate or rely upon third-party platforms, SDKs, APIs, and external service providers—including but not limited to mobile carriers, payment processors, customer support tools, or analytics systems. We are not responsible for the availability, reliability, or content of any third-party service, nor do we endorse or guarantee their policies or practices.
Your use of such third-party services is governed by their own terms and privacy policies, which we encourage you to review independently.
10.2. App Store-Specific Terms
If you downloaded the App through a third-party store such as the Apple App Store or Google Play Store, you acknowledge and agree that:
- These Terms are between you and the Company only—not with Apple, Google, or any platform provider;
- Apple and Google are not responsible for support, maintenance, or legal compliance related to the App;
- In case of a conflict between these Terms and store-specific rules, the platform’s rules shall apply only to the extent required.
You must also comply with all applicable usage terms set by Apple, Google, or any app distribution platform used to access the Services.
11. Duration and Termination of the Contract
11.1. Commencement of the Agreement
This agreement between you and us becomes legally binding and effective immediately upon the earliest of the following events:
- You create an Account within our App or on our website;
- You complete a purchase or activate an eSIM or Data Plan;
- You otherwise access, install, or use any part of our Services;
- You explicitly accept these Terms, including via checkbox, click-through, or continued usage.
From that moment, you agree to be bound by all provisions contained in these Terms of Service.
11.2. Duration of the Agreement
This agreement shall remain in force for an indefinite period, unless and until it is terminated by either party in accordance with the terms set out in this section.
The contractual relationship governs:
- Your use of the App, Services, and any digital products or features;
- Any subscriptions, one-time purchases, or user licenses associated with your Account;
- Your legal obligations and rights as a user, including refund eligibility, usage limits, and conduct requirements.
11.3. Termination by the User
You may terminate this agreement at any time by taking both of the following steps:
- Ceasing all use of the Services;
- Deleting your Account via the App interface or by submitting a written request to our support team at support@dantosapp.com.
Please note:
- Termination does not automatically result in the deletion of your personal data (see our Privacy Policy);
- Termination does not entitle you to refunds for unused eSIMs, active Data Plans, or partially used subscriptions unless specifically permitted by our Refund Policy;
- Deletion of your Account is permanent and irreversible, and any remaining services or entitlements associated with the Account will be forfeited.
11.4. Termination or Suspension by the Company
We reserve the right to suspend or terminate your access to the Services—either temporarily or permanently—with or without notice, at our sole discretion, if:
- You breach any provision of these Terms, our Fair Usage Policy, or applicable law;
- You engage in fraudulent, abusive, or deceptive practices;
- Your use of the Services disrupts or risks disrupting the experience, security, or functionality of the platform or its users;
- We are required to do so by law, regulatory order, or as a result of cooperation with authorities;
- Your Account has been inactive for a prolonged period and we determine it is necessary for operational or security reasons.
In the event of termination under this clause:
- Your access to the App, Account, and Services will be revoked;
- Any active Data Plans or credits may be permanently disabled without refund;
- We may, but are not obligated to, notify you prior to or after the termination.
11.5. Consequences of Termination
Upon termination of this agreement—whether initiated by you or by us—the following shall apply:
- All licenses, rights, and access granted under these Terms shall immediately cease;
- Your Account and any remaining digital assets (e.g., eSIMs, credits, or purchase history) may be permanently deleted or rendered inaccessible;
- You remain responsible for any outstanding charges, fees, or obligations incurred prior to termination;
- Any provisions of these Terms which by their nature should survive termination shall continue in full force and effect. This includes, without limitation:
- Sections relating to intellectual property,
- Limitations of liability and disclaimers,
- Indemnification,
- Dispute resolution and governing law.
We shall not be liable for any compensation, reimbursement, or damages arising from the termination of your access to the Services, whether voluntary or involuntary.
11.6. Suspension vs. Termination
In certain cases, we may choose to suspend your access to the Services rather than permanently terminate it. Suspension is a temporary measure taken to:
- Investigate suspected breaches of our Terms or policies;
- Comply with legal or regulatory obligations;
- Prevent imminent harm to our systems or other users.
During suspension, your Account may be inaccessible, and your Data Plans may be frozen. We will typically notify you of the reason and conditions for reinstatement, although we are not obligated to do so in all circumstances.
12. Dispute Resolution
12.1. Commitment to Resolution
We value your trust and strive to resolve any disputes in a constructive, fair, and transparent manner. By using the Services, you agree that in the event of any controversy, claim, or dispute between you and the Company arising out of or relating to these Terms, the Services, or your use of the platform, both parties will attempt to resolve the matter amicably before resorting to formal legal action.
12.2. Informal Resolution Process
Before initiating any arbitration, court proceeding, or legal complaint, you agree to first contact us in writing at support@dantosapp.com and provide the following:
- A detailed explanation of your concern or dispute;
- The relevant transaction ID(s), eSIM plan(s), or Account information involved;
- The resolution you are requesting.
Upon receipt, we will engage in good faith discussions with you in an effort to reach a mutually agreeable resolution. Both parties agree to allow up to 30 calendar days from the date of submission to resolve the matter informally.
If the dispute is not resolved within this period, either party may proceed with formal action as described below.
12.3. Binding Arbitration Agreement (Where Permitted by Law)
To the fullest extent permitted by applicable law, any dispute, claim, or controversy that cannot be resolved informally shall be submitted to final and binding arbitration, rather than a court of law.
Key terms:
- Arbitration shall be conducted in English and administered by a neutral arbitration organization (e.g., ICC, ICDR, AAA, or a comparable institution), under its then-current rules.
- The arbitration may be conducted virtually or in a mutually agreed location.
- The arbitrator’s decision shall be final, binding, and enforceable in any court with jurisdiction.
- Each party shall bear its own legal fees, unless otherwise ordered by the arbitrator. Administrative costs will be shared equally, subject to legal requirements.
This clause does not apply where mandatory laws in your jurisdiction provide other procedures for dispute resolution or require court access (e.g., small claims courts or consumer tribunals).
12.4. Exceptions to Arbitration
Despite the above, either party may bring an action in court to:
- Seek injunctive or equitable relief to prevent unauthorized use, theft, or misuse of confidential information or intellectual property;
- Enforce or challenge an arbitration award;
- Pursue claims that, by law, cannot be submitted to arbitration.
12.5. Class Action and Collective Relief Waiver
To the extent permitted by law, all claims and disputes must be brought on an individual basis and not as part of a class action, consolidated action, or representative proceeding.
You agree that neither you nor the Company will participate in any class, collective, or group arbitration or lawsuit involving claims covered by this agreement.
If this waiver is found to be unenforceable in a particular jurisdiction, the entirety of the arbitration agreement in that jurisdiction may be deemed void, and the parties may pursue claims in court.
12.6. Right to Opt-Out
If you do not wish to be bound by the arbitration clause, you may opt out by submitting a written request to support@dantosapp.com within 30 days of first accepting these Terms. Your request must include:
- Your full name;
- The email address associated with your Account;
- A clear statement indicating your intent to opt out of arbitration.
This opt-out will not affect the validity of any other provision in these Terms.
12.7. Governing Law and Jurisdiction
Unless otherwise required by the mandatory laws of your country of residence:
- These Terms and any dispute arising from or related to them shall be governed by the laws of the United States, without regard to its conflict of laws rules.
- For matters not subject to arbitration, the exclusive venue shall be the courts located in in the State of Georgia, and you and the Company consent to their jurisdiction.
You retain any mandatory consumer rights granted to you by your local laws.
12.8. Survival and Severability
This Dispute Resolution clause shall survive the termination of your Account or cessation of Services. If any part of this section is found to be unenforceable under applicable law, the remainder shall remain in full force and effect.
13. Governing Law and Jurisdiction
13.1. Governing Law
Unless otherwise required by the mandatory laws of your country of residence, these Terms of Service, as well as any disputes, claims, or legal proceedings arising out of or relating to their interpretation, formation, enforcement, or breach (including non-contractual claims), shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law rules.
This includes the substantive and procedural legal framework that will apply to your use of the Services, regardless of where the Services are accessed or where you reside.
By agreeing to these Terms, you waive any right to invoke the application of other laws or jurisdictions, except where doing so would violate mandatory consumer protection provisions.
13.2. Legal Jurisdiction and Venue
Subject to the provisions in the Dispute Resolution section (including arbitration, if applicable), any legal claim or proceeding that is not subject to binding arbitration must be brought exclusively before the competent civil courts of the State of Georgia in the United States.
You and the Company hereby irrevocably submit to the exclusive jurisdiction and venue of those courts for any permitted dispute, claim, or controversy. You further waive any objection to the exercise of jurisdiction or venue on grounds of forum non conveniens or any similar doctrine.
We reserve the right to initiate proceedings against you in your country of residence, if required by law or appropriate under the circumstances.
13.3. Cross-Border and International Use
If you access the Services from outside the governing country, you are responsible for ensuring that your use complies with local laws and regulations. We make no representations that our Services are available, appropriate, or permitted in every jurisdiction.
Accessing or using the Services in violation of local laws is done at your own risk, and we disclaim any liability associated with such access.
13.4. Consumer Protection and Mandatory Law
Nothing in these Terms, including this section, shall limit any rights or remedies that you may be entitled to under mandatory consumer protection or e-commerce legislation in your country of habitual residence.
If the laws in your jurisdiction require that a dispute be resolved under local laws or within a local court, those legal requirements will prevail over any conflicting provision in these Terms.
14. Intellectual Property Rights
14.1. Ownership and Scope
All intellectual property rights in and to the Services—including, but not limited to, the App, website, underlying source code, software architecture, databases, content delivery systems, APIs, user interface elements, audio, text, video, graphics, visual design, logos, trademarks, brand identity, digital products (e.g., eSIM delivery infrastructure), and any other related components—are and shall remain the sole and exclusive property of Danto’s App CORP and/or its licensors.
These elements are protected under international copyright laws, trademark laws, patent regulations, trade secret principles, and applicable intellectual property treaties.
No provision of these Terms shall be interpreted as transferring, assigning, or granting you any right, title, or interest in our intellectual property, except for the limited license expressly set forth below.
14.2. Limited License to Use the Services
Subject to full compliance with these Terms, we grant you a personal, non-commercial, limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to download, access, and use the App and Services solely for your lawful, private use.
This license does not permit you to:
- Reproduce, modify, publicly display, adapt, translate, decompile, reverse-engineer, disassemble, or create derivative works of any part of the Services;
- Access or use the Services in any manner that violates intellectual property laws, third-party rights, or these Terms;
- Sell, rent, lease, sublicense, redistribute, transmit, publish, or otherwise commercially exploit the Services or any portion thereof;
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices or security features embedded in the App or platform.
Any breach of this license will constitute a material violation of these Terms and may result in the immediate termination of your access and legal remedies being pursued.
14.3. Feedback and User-Submitted Content
If you voluntarily provide us with any ideas, feedback, suggestions, bug reports, improvement proposals, reviews, support tickets, or any other user-generated content (collectively, “User Submissions”), you hereby grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, distribute, publish, and display such content for any lawful purpose—including but not limited to, improvement of the Services, marketing, training, analytics, and operational development.
You represent and warrant that you own or have the necessary rights to provide such content and that it does not infringe the rights of any third party, including privacy, publicity, or intellectual property rights.
We are under no obligation to monitor, moderate, or retain any User Submissions, and we reserve the right to remove content at our sole discretion.
14.4. Trademark Notice
All trademarks, trade names, logos, service marks, slogans, and brand identifiers appearing in or related to the Services are the exclusive property of Danto’s App CORP or are used under license with authorization from third parties.
Nothing in these Terms grants you the right to use, copy, imitate, or reproduce any of our trademarks, whether registered or unregistered, without prior written permission. Unauthorized use of our marks may constitute trademark infringement and will be prosecuted to the fullest extent permitted by law.
14.5. Copyright Infringement and Takedown Procedures (DMCA or Equivalent)
We respect the intellectual property rights of others and expect our users to do the same. If you believe that any content made available through the Services infringes your copyright or other intellectual property rights, you may submit a takedown request to our designated team by contacting support@dantosapp.com.
Your notice must include the following:
- A description of the copyrighted material you claim has been infringed;
- The specific location (URL or screen) where the alleged infringement appears;
- Your name, email, mailing address, and telephone number;
- A statement that you believe in good faith that the disputed use is not authorized by the copyright owner or the law;
- A declaration, under penalty of perjury, that the information is accurate and that you are the copyright owner or authorized to act on their behalf;
- Your physical or electronic signature.
We will respond to valid notices in accordance with applicable intellectual property laws and may remove or disable access to infringing material without prior notice.
14.6. Reservation of Rights
Except as expressly provided in these Terms, we retain all right, title, and interest in and to the Services and all content, code, data, and materials included therein, including all associated intellectual property rights.
No rights are granted to you under any patent, copyright, trade secret, trademark, or other proprietary right by implication, estoppel, or otherwise.
Any unauthorized use of the Services or any of our intellectual property is strictly prohibited and may result in legal action, including but not limited to, suspension of your Account, removal of content, and pursuit of civil or criminal remedies.
15. Miscellaneous / Final Provisions
15.1. Entire Agreement
These Terms of Service, together with our Privacy Policy, Refund Policy, Cookie Policy, Fair Usage Policy, and any other legal documents or notices referenced herein, collectively constitute the entire agreement between you and Danto’s App CORP with respect to your access to and use of the Services.
They supersede all prior or contemporaneous negotiations, discussions, communications, understandings, and agreements—whether oral or written—relating to the same subject matter. No oral representations or promises shall be binding unless expressly incorporated in writing herein.
15.2. No Waiver of Rights
Our failure to exercise, enforce, or insist upon strict compliance with any provision of these Terms shall not be construed as a waiver of that provision or of any other rights or remedies available to us.
Any waiver must be explicit, in writing, and signed by a duly authorized representative of the Company. A single waiver shall not be deemed a continuing waiver.
15.3. Severability
If any provision of these Terms is determined by a court or tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remainder of the Terms shall continue in full force and effect.
The parties agree to replace any invalid or unenforceable provision with a legally valid provision that most closely reflects the original intent and economic effect.
15.4. Assignment and Transfer of Rights
You may not assign, delegate, or otherwise transfer any of your rights or obligations under these Terms—whether by operation of law or otherwise—without our prior written consent.
We may assign or transfer our rights and obligations under these Terms without restriction, including as part of a merger, acquisition, restructuring, or sale of assets. These Terms shall bind and benefit the successors and permitted assigns of both parties.
15.5. Force Majeure
We shall not be held liable for any delay or failure in the performance of our obligations under these Terms due to events or circumstances beyond our reasonable control. This includes, but is not limited to:
- Acts of God or natural disasters;
- Fires, floods, pandemics, or public health emergencies;
- War, terrorism, civil unrest, or sabotage;
- Power or telecommunications outages;
- Strikes, lockouts, or labor disputes;
- Failures or disruptions in third-party services, carriers, or suppliers;
- Changes in laws or regulations.
In such events, our obligations will be suspended for the duration of the force majeure event, and we shall take reasonable steps to mitigate its effects.
15.6. Governing Language
These Terms may be translated into multiple languages for your convenience. However, in the event of any inconsistency or conflict between the English version and any translated version, the English version shall prevail and be legally binding, unless otherwise required by applicable law.
15.7. Changes and Modifications
We reserve the right to modify, revise, or update these Terms at any time and for any reason. When material changes are made, we will:
- Update the “Last Updated” date at the top of the document;
- Provide notice through appropriate channels (e.g., email, in-App notification, or our website);
- When required by law, seek your renewed consent.
Your continued use of the Services following the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services immediately.
15.8. Relationship of the Parties
Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and us. You agree that you are using the Services solely as an independent end user and not as our agent or representative.
15.9. Headings and Interpretation
Headings used in these Terms are for reference only and shall not affect the meaning or interpretation of any provision. Unless the context otherwise requires, words in the singular include the plural, and vice versa.
15.10. No Reliance / Entire Understanding
You acknowledge and agree that you have not relied upon any oral or written statements, representations, assurances, or promises not expressly set out in these Terms.
These Terms (together with any referenced policies or supplemental terms) constitute the entire agreement between you and the Company with respect to the Services, and supersede all prior or contemporaneous agreements, negotiations, communications, or understandings, whether oral or written.
15.11. No Third-Party Beneficiaries
These Terms are entered into solely between you and the Company. No provision of these Terms shall be construed to create any rights or remedies on the part of any third party, including but not limited to Apple Inc., Google LLC, or any other platform provider, service partner, or affiliated entity.
Nothing in these Terms is intended to or shall be construed to confer any third-party beneficiary rights.
16. Cashback Program
16.1. Details
Cashback consists of a promotional amount currently set at 3% of the final amount paid at the time of purchasing an eSIM, which is credited directly to the user's internal account balance. Kirapp reserves the right to modify the applicable percentage at its sole discretion.
16.2. Cashback Credit
Cashback will be automatically credited to the user's balance once the purchase has been successfully completed and confirmed. The cashback amount may vary depending on the active promotion and will be communicated to the user at the time of purchase and/or in the purchase confirmation email.
16.3. Use of Cashback
Credited cashback:
- May only be used within the Kirapp Application.
- May be used exclusively for the purchase of eSIM plans available in the App.
- Is non-transferable between accounts.
- Cannot be redeemed for cash, refunded, or withdrawn;
- Is subject to a minimum redemption amount of US$1.00 per transaction;
- May not exceed 80% of the total order value when applied to a purchase.
The Application will display available cashback options prior to completing a purchase, and users may select the desired amount to apply where applicable.
16.4. Validity and Expiration
Unless otherwise stated, cashback has no monetary value outside the Application and may be subject to an expiration date. Kirapp reserves the right to establish time limits for the use of cashback, which will be communicated to the user in due course.
16.5. Cancellations and Refunds
In the event of a cancellation, refund, or reversal of a purchase, Kirapp reserves the right to:
- Revoke any cashback previously credited in connection with such purchase.
- Adjust the user's account balance accordingly.
16.6. Misuse
Kirapp may suspend, cancel, or reverse cashback, and may limit access to the program, if it detects:
- Fraudulent or abusive use of the cashback system.
- Attempts to manipulate, duplicate, or improperly exploit the benefit.
16.7. Program Modifications
Kirapp reserves the right to modify, suspend, or terminate the cashback program at any time, without prior notice, provided that such modifications do not affect vested rights in accordance with applicable law.
16.8. Acceptance
Participation in the cashback program constitutes full acceptance of these Terms and Conditions, as well as Kirapp's general Terms and Conditions.
16.9. Application Limits and Redemption Conditions
Cashback credits will only become eligible for redemption once the user has accumulated a minimum balance of US$1.00 in cashback.
If the accumulated cashback balance is less than US$1.00, the redemption option will not be available at checkout.
When eligible for use:
- The minimum cashback amount that may be applied toward a purchase is US$1.00 per transaction;
- The maximum cashback amount that may be applied to a single transaction shall not exceed 80% of the total order value.
The Application will display the available cashback redemption options prior to checkout. Where applicable, users may select the amount of cashback they wish to apply from the available options presented.
Kirapp reserves the right to determine eligibility, availability, and applicable limits for cashback redemption at its sole discretion.
17. Contact Information
If you have any questions, feedback, or concerns regarding these Terms or the Services, please feel free to contact us using the following methods:
✉️ Email: support@dantosapp.com
🌐 Website: https://www.kirappesim.com/contact
We will do our best to respond in a timely and professional manner. Please note that support availability may vary depending on your location and time zone.