Terms of Service
AffinityClick Inc. – “AloSIM” Terms of Service
Last Updated: October 1, 2026
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING ANY “ALOSIM” SERVICES BECAUSE THESE TERMS OF SERVICE CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
AffinityClick Inc. (the “Company”) provides “AloSIM” embedded subscriber identity modules (each, an “eSIM”) and related data for mobile phones, smartphones, handsets, tablets and other devices enabled for Internet access and/or communication (each, a “Device”) pursuant to the Company’s related application (the “App”) and/or the Company’s website located at https://alosim.com (the “Website”), in each case together with all versions, modifications and revisions to the App and the Website and including, without limitation, (A) the Internet data provided on or through the App and/or the Website (“Data”), (B) Data plans offered and sold by the Company (each, a “Plan”), (C) the content, functionality and services of the eSIMs, App and Website and (D) any related Device applications, application program interfaces, downloadable applications, features, functionality content or information (any eSIM, the Data, the App, the Website, any Plan and all versions, modifications and revisions and the provisions of (A), (B), (C) and (D), collectively, the “Services”) to you subject to these Terms of Service (as changed from time to time, these “Terms”).
Although all the provisions of these Terms are important, certain provisions of these Terms have been purposely fully capitalized and/or bolded to specifically and conspicuously draw and focus your attention to them. Please pay particular attention to all such capitalized and/or bolded provisions.
BY USING THE SERVICES, YOU ARE DEEMED TO HAVE READ AND ARE INDICATING YOUR ACCEPTANCE OF, AND YOU AGREE TO BE BOUND BY, THESE TERMS WHICH SHALL GOVERN YOUR ACCESS AND USE OF THE SERVICES, WHICH TERMS SPECIFICALLY INCLUDE A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGES AGAINST THE COMPANY THAT MAY ARISE FROM YOUR USE OF THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES AND YOU MUST NOT DO SO.
The Company respects the privacy of its users. By using the Services, you consent to the Company’s collection and use of personal data as outlined in the Company’s Privacy Policy located at https://alosim.com/privacy-policy/ (the “Privacy Policy”) which is hereby incorporated by reference into these Terms. Your use of the Services is subject to the terms of the Privacy Policy. When using certain related services and features provided by third parties in connection with the Services including, without limitation, any services provided by any applicable App Store (as defined in Section 2(o)(1) below), you will also be subject to those third parties’ respective policies.
Any of the Services may be accessed from countries around the world but may contain references that are not available in your country. These references do not imply that the Company intends to provide or implement any such Services in your country. The Company makes no representations that any of the Services are appropriate or available for use in any jurisdictions. Without limiting the generality of any provision of these Terms, you hereby acknowledge and agree that your access to the Services is entirely at your own volition and that you are entirely responsible for compliance with all local laws.
1. Changes to these Terms / Updates.
The Company reserves the right, at its sole discretion, to update, modify or change these Terms at any time by publishing the updated, modified or changed Terms on the Website and/or through the App. If the Company makes any material updates, modifications or changes to these Terms, then the Company will provide prominent, advance notice of such material updates, modifications or changes on the Website and/or through the App. Any updates, modifications or changes to these Terms will be effective: (a) immediately for new users of the Services; or (b) upon the expiration of the applicable notice period related to such updates, modifications or changes as posted on the Website and/or through the App. The Company may require you to provide consent to the updated, modified or changed Terms in a specified manner before further use of the Services is permitted. If you do not agree to any update(s), modification(s) or change(s), then your recourse is to cease using the Services, failing which your Account (as defined in Section 2(d) below) and your access to the Services will immediately terminate. Otherwise, your continued use of the Services will constitute your acceptance of such update(s), modification(s) or change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
In addition, the Company may, from time to time, develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services or any of them (“Updates”). Updates may be automatically installed without providing any additional notice or receiving any additional consent from you. You consent to all such automatic Updates. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services. If you do not terminate your Account, then you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Services, and you agree that you will promptly install any Updates provided by the Company. Without limiting the generality of any other provision of these Terms, your continued use of the Services is your agreement to all Updates. You may also need to update third party software and your Device(s) from time to time to continue to use the Services.
2. The Services.
(a) Subject to (1) your purchase, download, installation and activation of an eSIM for your eSIM compatible Device through the App or the Website, (2) your purchase and activation of a Plan via your Account and (3) the provisions of these Terms, the Company will provide you with the Data associated with that Plan to use in connection with the eSIM you have installed and activated on your Device. The volume of Data available to you and the activation period during which you will be able to access any Data will vary based on which Plan you purchase and the provisions of that Plan. Plans are only available on a pre-purchase basis.
(b) The Company provides Data to you pursuant to your Plan(s) by way of access to networks owned and operated by third parties with whom the Company contracts in various countries to make such Data available (collectively, “Third Party Networks”). Data coverage, speed and availability are all provided by these Third Party Networks and, without limiting the generality of any other provision of these Terms, the Company cannot and does not guarantee any Data coverage, speed and/or availability and, in particular, the Company specifically advises you that any Data coverage map(s) provided by or on behalf of the Company are estimates only, not guarantees of Data coverage or availability, and any such map(s) cannot be relied upon by you to ensure Data coverage or availability in any location and/or at any time. The Company is not responsible for any Data sent across Third Party Networks.
(c) DOWNLOADING ANY ESIM AND/OR THE APP, USE OF THE SERVICES AND REGISTRATION FOR ANY ACCOUNT ARE VOID WHERE PROHIBITED BY APPLICABLE LAW. In particular, if you are under 13 years of age (or such other age that is applicable where you live (e.g. 14 years of age if you live in the Province of Quebec or 16 years of age if you live in the States of California, Montana or Oregon)), then you are not authorized to and must not download the App or any eSIM, use the Services and/or register for an Account. By downloading the App and/or any eSIM, using the Services and/or registering for an Account, you affirm and agree that either: (i) you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live); or (ii) if you are between 13 years of age (or such other age that is applicable where you live (e.g. 14 years of age if you live in the Province of Quebec or 16 years of age if you live in the States of California, Montana or Oregon)) and 18 years of age (or the age of majority where you live), then you have reviewed these Terms with your parent or guardian who agrees to be bound by these Terms on your behalf and takes full responsibility for your compliance with these Terms. You agree that you and/or your parent or guardian are fully able and competent to, and do in fact, agree to the provisions, conditions, obligations, representations and responsibilities set forth in these Terms and to abide and comply with these Terms.
(d) To access and use the Services, you must create an account with the Company (your “Account”). You must safeguard all login information for your Account including Email address, username, password, digital certification and/or other similar security mechanism as used by the Services to identify you that you used to create your Account to access the Services (collectively, your “Login ID”) and you must not disclose your Login ID to any other person. You must immediately notify the Company of any unauthorized use of your Login ID. Your Login ID will be used by the Company solely in accordance with these Terms. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR LOGIN ID AND ARE FULLY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT OCCUR UNDER YOUR LOGIN ID AND YOUR ACCOUNT. You agree to: (i) immediately notify the Company using the contact information in Section 29(b) below of any unauthorized use of your Login ID or Account, or of any other breach of security; and (ii) ensure that you log out from your Account at the end of each session when accessing the Services. Without limiting the generality of any other provision of these Terms, the Company will not be liable for any loss or damage arising from your failure to comply with this Section 2(d). If at any time you lose access to the App on your Device(s), you must contact the Company at https://support.alosim.com/hc/en-us and, subject to appropriately verifying your Account, the Company will use its best efforts to disable your Account and take such other actions as the Company, at its sole discretion, deems appropriate in the circumstances.
(e) The Company reserves the right to modify or discontinue, temporarily or permanently, any or all of the Services (or any part thereof) with or without notice. Without limiting the generality of any other provision of these Terms, you agree that the Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
(f) TO ACCESS AND USE THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY ALOSIM ESIM AND ANY PLAN(S)) YOU MUST HAVE AN UNLOCKED DEVICE THAT IS COMPATIBLE WITH ESIMS.
(g) You must use either the App or the Website to access, monitor and manage your Account, purchase and activate eSIMs, purchase and activate Plans, monitor your Data consumption and communicate with the Company. You will need a stable Internet connection to access each of the App and the Website; the Company is not responsible for any such Internet connection except pursuant to the use of Data subject to the provisions of these Terms. The Company provides each of the App and the Website on a best efforts basis and cannot guarantee that either the App or the Website will be accessible at all times or from time to time. Without limiting the generality of any other provision of these Terms, the contents of each of the App and the Website are presented on an “as is” and “as available” basis.
(h) Upon your purchase of any AloSIM eSIM, you must download, install and activate the eSIM onto your Device to configure and use your desired Plan. You will need a stable Internet connection to download and activate any AloSIM eSIM. Any downloaded, installed and activated eSIM will remain on your Device even after all your Plans have been fully used or otherwise expired.
(i) At its option, from time to time, the Company may offer you the opportunity to purchase any or all of the following types of Plans:
(i) a standard Plan pursuant to the terms set out in Section 3 below (each, a “Standard Plan”);
(ii) a subscription Plan pursuant to the terms set out in Section 4 below (each a “Subscription Plan”);
(iii) an “unlimited” Data Plan pursuant to the terms set out in Section 5 below (each an “Unlimited Plan”); and/or
(iv) from time to time, the Company may offer you the opportunity to purchase other types of Plans subject to the terms of any such Plans as communicated to you by the Company and the provisions of these Terms relating thereto.
(j) Pricing and other material terms for Plans are displayed on the Website and the App at the point of sale and are subject to these Terms as well as any other terms displayed on the Website and/or the App. The Company reserves the right to limit the availability of certain Plans to specific countries. Prices and billing / payment methods for Plans may vary depending on your location, applicable taxes and currency (including applicable exchange rates). Without limiting the generality of any other provision(s) of these Terms, you are responsible for the payment of all applicable taxes with respect to your purchase of any Plan and your use of the Services. The Company reserves the right to update pricing for Plans at any time and from time to time.
(k) The Company will provide you with a receipt either through the App or by Email for each payment you make for any Plan(s).
(l) In addition to the Services, at its sole discretion from time to time, the Company may offer you promotional access to its “Hushed” service, the provision of which will be governed by the terms of that offer and the “Hushed” terms of service that you can access here: https://hushed.com/terms-of-service/.
(m) In these Terms, the term “Inactive” means: (1) your Account has been limited, suspended, deactivated and/or terminated by you or by the Company pursuant to the provisions of these Terms; (2) your Account has not been accessed through the use of your Login ID for at least twenty-four (24) consecutive calendar months; (3) all Plans provided to you by the Services pursuant to your Account have expired and/or been fully used; and/or (4) with respect to any Subscription Plan payments to your Account, all such Subscription Plan payments have been fully applied to the provision of Services to you and no other, un-applied Subscription Plan amounts remain.
(n) You must pay for all fees and charges for each Plan you purchase through your Account by credit card (Visa, MasterCard or American Express), through an App Store, by using available aloCASH (as defined in Section 7(a) below) or by any other specific type of payment (such as PayPal, Google Pay, Apple Pay) that is acceptable to the Company from time to time. You must choose an acceptable payment method for your use of the Services as a condition to creating an Account. Any applicable credit card or other payment provider agreement (including, without limitation, with respect to any applicable App Store) will govern your use of your chosen payment method and you must refer to that agreement to determine your related rights and liabilities. Without limiting the generality of the immediately preceding sentence, by providing the Company with your credit card number or other payment method and associated information, you agree that the Company is authorized to immediately invoice your Account for all fees and charges due and payable for your use of the Services and that no other or additional notice or consent is required. Without limiting the generality of any other provision of these Terms but subject to the terms of any applicable App Store, you agree to immediately notify the Company of any change in the details of the payment method you have chosen to use with your Account. The Company reserves the right at any time and from time to time to change its prices and billing methods, whether immediately upon posting on the Website and/or the App or by Email notice to you.
(o) The following payment terms and conditions apply to any Plan offered by the Company which you may purchase:
- if you choose to purchase any Plan, then, subject to applicable laws: (i) you agree to pay the then current applicable Plan fee listed in the App or the Website; and (ii) you will be billed for each Plan you purchases through either your credit card, through your intermediary provider such as iTunes, Google Play or a similar app store (each, an “App Store”) or by way of aloCASH;
- credit card payments are processed by Stripe, the Company’s third party payment processor and in App payments are processed pursuant to the terms of the applicable App Store;
- if your Plan is based on credit card billing, then the Company will automatically charge your credit card as set out in the App or the Website, based on your selection, for the cost of the Plan and any applicable taxes and if any fee is not paid in a timely manner or if the Company is unable to process your transaction using the credit card information provided by you, then the Company reserves the right to limit, suspend, deactivate and/or terminate access to your Plan and any applicable Services;
- if your payment details change, then your credit card provider may provide the Company with updated credit card details which the Company may use to help prevent any interruption to the Services – if you would prefer to opt out from this service, please notify the Company using the contact information in Section 29(b) below;
- if your Plan is based on intermediary provider billing, then your provider will automatically charge your App Store account for the cost of any Plan you have purchased and any applicable taxes;
- if you choose to cancel your Plan, then, depending on the conditions of the Plan(s) you have purchased, you may use the Plan until the earlier of the end of the current period or such time as you have used up all available Data provided pursuant to that Plan but you will not be issued a refund for the most recently (or any previously) charged monthly fees;
- the Company reserves the right to discontinue or modify any Plan fee payment option and/or may change the pricing for the Services by updating the App and/or the Website or any other method to which you have agreed and by providing notice in accordance with applicable requirements;
- if you are signing up under any promotional Plan fee, then some additional restrictions may apply, which restrictions, if any, will be provided to you before you sign up for the applicable Plan that is subject to the promotion;
(p) You acknowledge that the Company reserves the right to charge for any portion of the Services and to change the amounts of the Company’s fees (if any) from time to time in its discretion. You agree to pay all fees when due in accordance with these Terms, the terms set forth in the Services, in the App and/or on the Website. You are responsible for paying all charges related to your Account including, without limitation, all charges for your underlying Internet service, and for all taxes and surcharges imposed on you or the Company as a result of your use of the Services. All prices listed on the App or the Website or provided through the Services and all charges will be processed in one of the currencies indicated on the App or the Website as chosen by you; any currency exchange rate information provided by the Company is provided as a courtesy only on a best efforts basis and actual currency exchange rates may differ significantly from information provided and may also change at any time or from time to time. All purchases are subject to applicable taxes and any prices listed on the Website or the App are in addition to any such applicable taxes and other charges noted above.
(q) WHILE THE COMPANY AND ITS SERVICE PROVIDERS AIM TO ENSURE ITS ADVERTISING IS ACCURATE, ERRORS AND/OR INACCURACIES MAY OCCUR. THE COMPANY MAY CORRECT ERRORS OR INACCURACIES AND CHANGE OR UPDATE INFORMATION ON THE SERVICES AT ANY TIME WITHOUT NOTICE, INCLUDING IN RESPECT OF PRICES. The Company has the absolute discretion to fix pricing errors, which may include the cancelation of any Plan purchase order you might make. The Company reserves the right to: (1) reject, correct, cancel or refuse purchase orders; and (2) determine accounts in its discretion including, without limitation, if the Company believes that your conduct contravenes applicable law, these Terms, or is harmful to the interests of the Company or its representatives, agents, contractors, suppliers or licensees.
(r) The Company may provide refunds that you may request of previously paid amounts in certain circumstances at its sole discretion, but the Company does not guarantee the acceptance, amount or timeliness of any refund or request response. In case of certain promotions, other and/or additional conditions and policies may apply to the Company’s provision of any refunds; provided, however, that in case of any conflict with such conditions and policies, the provisions of these Terms shall govern.
(s) Subject to the provisions of these Terms, if you download but do not install and activate an eSIM or install and activate an eSIM but do not activate a related Plan, then you may request a full refund of any related payments.
(t) Subject to the provisions of these Terms, if you download and install and activate an eSIM and activate a related Plan (or a related Plan is automatically activated pursuant to the provisions of these Terms), then you may request a refund of the unused portion of any such Plan and the Company may accept or reject such a request or may propose a modified refund.
(u) In addition to the other provisions of these Terms, the Company reserves the right to deny any refund request at its sole discretion including, without limitation, in the following circumstances:
(i) the Company finds evidence of abuse (such as, for example only, numerous refund requests attributable to one person or Account), violation of these Terms or any fraudulent or illegal activity related to your use of any Services;
(ii) your Account has been deleted after purchasing a Plan but before requesting a refund;
(iii) an unreasonable period of time has passed before you request a refund (such as, for example only, for a Subscription Plan activation period that has already expired or for a Standard Plan that has been fully used or expired); or
(iv) you have incurred charges from alternate Devices, alternate SIM cards (including, without limitation, alternate eSIMs), third party roaming services or similar situations, none of which involve charges made directly through your Account.
3. Standard Plans
(a) From time to time, the Company may offer you the option of purchasing a Standard Plan pursuant to which you will be charged based on the amount of Data and/or activation period you choose to purchase for such Standard Plan. For clarity, Standard Plans expire upon the earlier of (1) the full use of the amount of Data purchased and (2) the completion of the activation period purchased.
(b) Each Standard Plans will automatically activate when a related eSIM installed in your Device receives a location update on a supported Third Party Network in the country for which you have purchased the related Standard Plan.
(c) From time to time, the Company may cause Standard Plans to include a 180 calendar day activation period that will permit you to purchase a Standard Plan before you need to use it (such as before you take a trip to the country to which that Plan relates); provided, however, that if you do not activate such a Standard Plan that you have purchased within that 180 calendar day period, it will automatically activate for the period that you have purchased without further action on your part and then expire whether or not you use any of the related Data. AS AT OCTOBER 1, 2026, THE PROVISIONS OF THIS SECTION 3(C) ARE NOT IN FORCE BUT THE COMPANY RESERVES THE RIGHT TO IMPLEMENT THE PROVISIONS OF THESE SECTION 3(C) AT ITS SOLE DISCRETION.
(d) From time to time, the Company may offer you the option of enabling an automatic top up feature through the App for any Standard Plan (an “Auto Top-Up Feature”) that will allow you to automatically reload your Standard Plan without having to purchase a new Standard Plan. If you enable any such Auto Top-Up Feature, then:
(i) you authorize the Company to renew your related Standard Plan automatically through the Auto Top-Up Feature once your Standard Plan has been fully used or expired and charge all related fees to your chosen payment method through your Account accordingly;
(ii) the Company will use its best efforts to provide you notice through the App prior to any exercise of the Auto Top-Up Feature;
(iii) the Auto Top-Up Feature cannot be used with respect to any Standard Plan that has expired or is fully used up before you enable the Auto Top-Up Feature for that Standard Plan;
(iv) if any payment for the Auto Top-Up Feature fails, then (i) the Company will use its best efforts to send you notice of such failure, (ii) the related Standard Plan will not be renewed, (iii) the Auto Top-Up Feature will be disabled and (iv) the Company will not make any further attempts to charge your account for that fully used and/or expired Standard Plan;
(v) if you do not want to continue using the Auto Top-Up Feature for your Standard Plan, then you must disable the Auto Top-Up Feature through the App or the Website, which you can do at any time, and no future renewals of your Standard Plan will take place after that disabling; and
(vi) if you notify the Company at any time that you have lost access to the App then the Company will use its best efforts to disable the Auto Top-Up Feature relating to all of your then current Standard Plans.
AS AT OCTOBER 1, 2026, THE COMPANY DOES NOT OFFER ANY AUTO TOP-UP FEATURE FOR PURCHASE AND THE COMPANY CANNOT GUARANTEE THAT ANY AUTO TOP-UP FEATURE WILL EVER BE AVAILABLE FOR PURCHASE WHETHER ON THE TERMS SET OUT ABOVE OR ON ANY OTHER TERMS. IF AND WHEN THE COMPANY OFFERS ANY AUTO TOP-UP FEATURE FOR PURCHASE IN FUTURE, THEN SUCH FEATURE WILL ALSO BE SUBJECT TO ANY OTHER AND ADDITIONAL TERMS DISPLAYED AT PURCHASE.
4. Subscription Plans
(a) From time to time, the Company may offer you the option of purchasing a Subscription Plan pursuant to which you will be charged related recurring fees upon purchasing the Subscription Plan and then on a monthly basis at the end of each billing cycle for as long as the Subscription Plan is in effect and has not be terminated by either you or the Company. You can select a Subscription Plan from the App or the Website that best suits your Data needs and preferences including, without limitation, pricing. If pricing for your Subscription Plan changes, then the Company will use its best efforts to notify you of any such change(s) with as much lead time as possible before the new pricing takes effect.
(b) At the end of each Subscription Plan activation period, your Subscription Plan will automatically renew for a new activation period of the same duration, and you will be charged at the then-current price for the new activation period through your Account unless you cancel your Subscription Plan before the renewal date. The Company will use its best efforts to notify you prior to your renewal date to inform you of the upcoming charge and the current Subscription Plan pricing at that date.
(c) For Subscription Plans, the Company will charge your Account before the start of the next activation period for your Subscription Plan unless you cancel your Subscription Plan prior to the renewal date. If any payment for a Subscription Plan renewal fails, then the Company may (but shall not be required to) reattempt the charge after the scheduled renewal date, and you hereby authorize the Company to perform such charge reattempts to help maintain uninterrupted access for renewals to your Subscription Plan. If any payment for a Subscription Plan renewal fails despite the Company’s retries of such payment, then (i) the Company will use its best efforts to send you notice of such failure, (ii) the related Subscription Plan will not be renewed and (iii) the Company will not be required to make any further attempts to charge your account for that Subscription Plan which will not be renewed but will be terminated at the end of its then current period.
(d) If you wish to stop renewing a Subscription Plan, then you must cancel your Subscription Plan through the App or Website, which you can do at any time, and no future renewals of your Subscription Plan will take place after that cancellation. If you notify the Company at any time that you have lost access to the App, then the Company will use its best efforts to cancel your then current Subscription Plan.
(e) AS AT OCTOBER 1, 2026, THE COMPANY DOES NOT OFFER ANY SUBSCRIPTION PLANS FOR PURCHASE AND THE COMPANY CANNOT GUARANTEE THAT ANY SUBSCRIPTION PLANS WILL EVER BE AVAILABLE FOR PURCHASE WHETHER ON THE TERMS SET OUT ABOVE OR ON ANY OTHER TERMS. IF AND WHEN THE COMPANY OFFERS ANY SUBSCRIPTION PLANS FOR PURCHASE IN FUTURE, THEN SUCH PLANS WILL ALSO BE SUBJECT TO ANY OTHER AND ADDITIONAL TERMS DISPLAYED AT PURCHASE.
5. Unlimited Plans
(a) From time to time, the Company may offer you the option of purchasing an Unlimited Plan pursuant to which you will be allocated an amount of full-speed Data for each 24-hour period as set out on the Website or the App during which the Unlimited Plan is active, subject to the provisions of these Terms. Once you have used that amount of full speed Data during any 24-hour period of an Unlimited Plan, the speed of your Data will be reduced to 512 KBPS for the remainder of that 24-hour period. The full-speed Data per 24-hour period will restart at the start of the next 24-hour period. The Company may change the size of the 24-hour Data allocation for Unlimited Plans at any time or from time to time. The allocation of full-speed Data and any application of a reduced Data speed in accordance with this Section 5(a) or otherwise pursuant to these Terms are normal features of the operation of any Unlimited Plan and do not constitute any failure by the Company to provide any Service(s). Subject to applicable law, any application of a reduced Data speed in accordance with Section 5(a) or otherwise pursuant to these Terms does not entitle you to any refund, credit or reduction in fees or any other remedy as against the Company. Nothing in this Section 5(a) or otherwise pursuant to these Terms limits or excludes any right or remedy that is available to you under applicable consumer protection law and that cannot lawfully be limited or excluded.
(b) Unlimited Plans are intended only for individual and not commercial use. Any commercial use, resale, distribution or use by groups of individuals of Unlimited Plans is prohibited. Using any Unlimited Plan to transmit high volumes of Data across access points connected to computers or other Devices is prohibited. Using any Unlimited Plan for profit or for continuous, heavy use that has the potential to negatively impact the Company and/or its other users’ service quality is prohibited.
(c) To protect the ability of all users of the Services to access the Services and ensure fair access to the applicable Third Party Network(s) and other resources, the Company reserves the right to intervene if an Unlimited Plan user’s Data usage appears to be excessively high including, without limitation, where such usage exceeds the average use of the majority of the Company’s other users, or if that usage has the potential to negatively impact other users’ service.
(d) In addition to the other provisions of these Terms, Unlimited Plan users are prohibited from using their Unlimited Plan for any of the following:
(i) bulk machine-to-machine data applications;
(ii) continuous streaming of content that is intended to replace (or that could replace) a fixed-line Internet connection; and
(iii) any activities that negatively impact any Third Party Network’s performance or that degrades or otherwise negatively impacts the experience of the Company’s other users.
(e) Subject to the provisions of this Section 5, the Reasonable Use Policy (as defined in Section 8(g) below) and any other tethering limitations published by the Company (if any), you may share your Data with your own Devices and with Devices belonging to other members of your travelling party, whether by way of mobile hotspot or other reasonable and customary means (such sharing, “Tethering”). You agree that you will not use Tethering to provide Data connectivity to:
(i) any Device operating on a continuous, unattended or fixed-location basis; or
(ii) any person other than yourself and members of your immediate travelling party.
(f) Without limiting the generality of any other provision(s) of these Terms, the provisions of these Terms relating to Unlimited Plans are not exhaustive and the Company reserves the right to amend such provisions and/or take such other actions as it deems appropriate in its sole discretion with respect to any Unlimited Plans. You are encouraged and required to use any Unlimited Plan responsibly to avoid negatively impacting the Services for other users.
6. Data
(a) The Company’s provision of Data to your Device will begin upon the successful activation of each of an eSIM installed in that Device and an associated Plan and is subject to the provisions of the applicable Plan and these Terms. The duration and activation period of the Company’s provision of Data to your Device will depend on the provisions of the Plan(s) you have purchased and will terminate or expire accordingly. The Company measures Data usage as reported by the Company’s applicable Third Party Network provider as rounded up to the nearest kilobyte.
(b) THE SERVICES INCLUDING, WITHOUT LIMITATION, ALL DATA IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
(c) Without limiting the generality of any other provision of these Terms, the Company will make reasonable efforts to ensure the availability of the Services but cannot guarantee and does not warranty that the Services will be free of fault or continuously available, and all Services are subject to and contingent upon the applicable Third Party Network’s capacity and connection availability. If you notify the Company of any fault in the Services, then the Company will make reasonable effort to promptly address and rectify any fault that is in the Company’s control. Please also see the “Force Majeure” provisions of these Terms set out at Section 25 below, which are applicable to the provision of Data.
(d) Notwithstanding any other provisions of these Terms, the Company reserves the right to, directly or indirectly, monitor your Data use patterns and to regulate or limit any excessive and/or abnormal use of Data regardless of the type of Plan you have purchased. The Company and/or its third party service providers may implement traffic shaping or Data throttling measures if they detect or otherwise become aware of high network demand or in specific locations. These measures are intended to preserve the Company’s and its third party service providers’ respective service quality and protect network performance on both an overall basis and with respect to any applicable Third Party Network(s). The Company and/or its third party service providers may take appropriate measures in their respective sole discretion if they determine (in their respective sole discretion) that there is evidence of any misuse or violation of their Data policies with respect to any Plan(s). Such measures may include (without limitation and at the Company’s sole discretion):
(i) the temporary reduction of Data transmission speeds;
(ii) limiting access to Services for you and/or other users; and/or
(iii) suspending or terminating one or more of the Services.
(e) Without limiting the generality of any other provision(s) of these Terms, you hereby acknowledge that: (i) the Services are only intended for temporary use by you travelling in the country or countries covered by the applicable Plan(s) purchased by you; (ii) the Services are not intended to be, and must not be, used as a permanent or primary means of data and/or Internet connectivity in any country or countries or as a substitute for a domestic mobile or fixed-line Internet subscription; (iii) the Company’s ability to provide you with any Service(s) depends on the Company’s agreements with Third Party Network operators and such agreements are or may be premised on temporary use by the Company’s customers including, without limitation, you; and (iv) your sustained use of any Plan or eSIM in a single country over an extended period of time may cause the Company to be in breach of its agreements with one or more Third Party Network operators and may prejudice the Company’s ability to provide Services to users in that or other countries. Without limiting the generality of any other provision(s) of these Terms, if at any time the Company determines (at its sole discretion) that your or any other user’s Data usage pursuant to the applicable Plan(s) appears to be inconsistent with temporary use including, without limitation and as examples only, by reason of sustained attachment to a single Third Party Network or location over an extended period of time, the absence of any pattern of movement between locations, continuous Data consumption over an extended period of time and/or any breach of the Reasonable Use Policy, then the Company may take any of the actions set out in Section 6(d) above with respect to your Plan(s).
(f) Without limiting the generality of any other provision(s) of these Terms, if at any time the Company determines (at its sole discretion) that your or any other user’s Data usage pursuant to the applicable Plan(s) appears to be excessively high including, without limitation, where such usage exceeds the average use of the majority of the Company’s other users, then the Company may (i) notify you or such other user(s), (ii) investigate possible violations and/or (iii) take further actions including temporary or permanent suspension or access to any Plan(s). In addition, if the Company suspects any violation of the provisions of these Terms by you or any other user(s), then the Company may attempt to contact you or such other user(s) to provide notice prior to enacting any restriction(s), limitation(s) or disconnection(s) on your and/or their Plans and access to any other Services unless extenuating situations (such as safety or security issues) preclude providing any such prior notice.
7. aloCASH
(a) The Company’s “aloCASH” virtual credit system allows you to accumulate and use amounts (“aloCASH”) that are credited to and stored in in your Account towards your purchase of any Plan, Auto Top-Up Feature, Subscription Plan and/or other renewal that is actually offered to you by the Company. aloCASH can only be earned, retained, stored, terminated and expired pursuant to the provisions of these Terms.
(b) Subject to applicable law but without limiting the generality of any other provision of these Terms:
(i) aloCASH amounts are only valid in compliance with the provisions of these Terms;
(ii) the Company reserves the right to determine all matters with respect to aloCASH at the Company’s sole discretion including, without limitation, the right to modify, substitute, suspend, withdraw, terminate and/or revalue all or any part(s) of its aloCASH system and all related matters;
(iii) you may not rely on the continued or continuing availability of aloCASH or any related matters; and
(iv) amounts of aloCASH are not transferable upon death, as part of any domestic or family relations matter or otherwise
(c) Notwithstanding any provision of these Terms, aloCASH amounts have no cash value whatsoever and, except as set out in these Terms, cannot be exchanged for cash or any type of gift card. Further, subject to applicable law, aloCASH is not and may not be deemed to be any form of electronic legal tender or money. Without limiting the generality of the provisions of these Terms, you are prohibited from each of the following actions with respect to aloCASH: any purchase, sale, resale, brokerage, barter, exchange and/or any similar action whether with or without compensation.
(d) Provided you are signed into your Account at the applicable time, aloCASH will be credited to your Account only as follows:
(i) as disclosed on the Website and the App your Account will automatically be credited with an amount of aloCASH equal to that percentage of the pre-tax US$ price (as may be converted from your local currency) of each Plan as disclosed on the Website or the App that you purchase (subject to being debited with the amount of any related refunds that may be provided to you);
(ii) from time to time, the Company may offer you the opportunity to purchase virtual aloCASH vouchers in your Account for a set amount and/or, at the Company’s sole discretion, subject to any discount from the face amount of the voucher;
(iii) your Account will be automatically credited with an amount of aloCASH equal to the US$ amount disclosed on the Website and the App if a new AloSIM customer (i.e. a customer that has never previously held an Account as can be verified by the Company) uses a referral code provided to you by the Company to open an Account in their name AND purchase a Plan; and
(iv) as may be otherwise determined by the Company at its sole discretion (including, without limitation, with respect to such other terms and conditions that the Company may apply thereto at its sole discretion) from time to time or at any time.
(e) Applicable aloCASH amounts will be added to your Account at the time of the purchase event noted in Section 7(d) above; provided, however, that any such addition may take up to 72 hours to appear in your Account following the related purchase event. Only aloCASH amounts actually appearing in your Account can be used for redemption as set out in Section 7(f) below.
(f) Subject to the provisions of these Terms, you may redeem the amount of aloCASH credited to your Account as full or partial payment for the purchase of any Plan, Auto Top-Up Feature, Subscription Plan and/or other renewal that is actually offered to you by the Company; provided, however, that: (a) you must have at least $1.00 in aloCASH credited to your Account to use in any such purchase; and (b) if the total amount of aloCASH available in your Account is insufficient to pay the full purchase price for any such purchase, then you must pay the unpaid balance by another method as set out in these Terms as being acceptable to the Company. If you use aloCASH as full or partial payment for any Plan, Auto Top-Up Feature, Subscription Plan and/or other renewal, then such Plan, Auto Top-Up Feature, Subscription Plan and/or other renewal is not eligible for any refund pursuant to any provisions of these Terms.
(g) Please note that, notwithstanding any use of aloCASH as full or partial payment for any Plan, Auto Top-Up Feature, Subscription Plan and/or other renewal, applicable taxes and other charges may not be paid for by use of aloCASH. In certain countries (including, without limitation, the USA and Canada), applicable taxes must be paid for separately from any use of aloCASH.
(h) You cannot redeem aloCASH during the same transaction in which any amount of such aloCASH is credited to your Account unless specifically and clearly stated in writing by the Company with respect to that transaction.
(i) All amounts of aloCASH credited to your Account will expire immediately after any 12 consecutive month period during which you have neither accumulated nor redeemed any aloCASH amounts, all as determined by the Company in its sole discretion. Any such determination will continue to be made by the Company on a rolling basis following any new accumulation or redemption transaction. The Company will use its best efforts to provide you with reasonable prior notice of any such expiration of any aloCASH credited to your Account.
(j) Notwithstanding any provision of these Terms, the Company reserves the right at its sole discretion to terminate or expire any aloCASH credited to your Account and/or suspend or terminate the accumulation of additional aloCASH by you if the Company determines, in its sole discretion, that you or persons related or connected to you, have (i) engaged in fraudulent or deceptive practices related to the accumulation and/or redemption of aloCASH amounts for your or any other person’s Account and/or (ii) manipulated or otherwise artificially inflated any transactions related to the accumulation and/or redemption of aloCASH amounts for your or any other person’s Account.
8. Certain Conditions to Using the Services
(a) Certain uses of the Services (including, without limitation, the examples set out below in this Section 8(a)) are prohibited (collectively, “Prohibited Uses”). The examples of Prohibited Uses provided below are provided by way of example only and shall not be considered exhaustive as to all prohibited uses. The Company reserves the right to investigate and take appropriate legal action against you and/or any other person who, in the Company’s sole discretion, violates this Section 8(a) or any other provision(s) of these Terms including, without limitation, limiting, suspending, deactivating and/or terminating the account of such violators and reporting them to law enforcement authorities. You acknowledge and agree that if your Account is limited, suspended, deactivated and/or terminated due to any such violations or if the Company bans you from accessing or using the Services, then you are strictly prohibited from re-registering, signing up for, accessing and/or using the Services in any capacity thereafter. You agree to not take any of the following actions including, without limitation, by using the Services or any other services that are made available through the Services:
- copying (except as expressly permitted by applicable law), decompiling, reverse engineering, disassembling, attempting to derive the source code of, modifying or otherwise creating derivative works of any of the Services or any updates thereto;
- interfering with or disrupting the Services or servers or networks connected to the Services, or disobeying any requirements, procedures, policies or regulations of networks connected to the Services;
- accessing or searching the Services by any means other than the supported interfaces made available to you;
- exploiting the Services in any unauthorized way whatsoever including but not limited to, trespassing or burdening network capacity;
- engaging in unusually high usage of the Services from individual accounts or employing any automated programs such as bots or clones (non person-to-person communications) that may impair the Company’s ability to provide the Services to other AloSIM users and/or that may indicate misuse of the Services and/or using the Services for data-mining, scraping, other data gathering or extraction, call-in lines, call centers, conference calling, trunking (to a PBX or otherwise) or other high volume or multi-person calling purposes;
- violating any applicable local, municipal, state, provincial, national, federal or international law, or any regulations having the force of law;
- impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- soliciting personal information from any person under the age of 18;
- using the Services to violate any third party rights or any third party’s terms and conditions of service;
- furthering or promoting any criminal activity or enterprise or providing instructional information about illegal activities;
- attempting to do any of the foregoing in this Section 8(a).
(b) You further understand and agree that you are solely responsible for all acts or omissions that occur under your Login ID and your Account including, without limitation, your use of any Data.
(b) You hereby agree that you will notify the Company immediately upon becoming aware of the commission by any person of any Prohibited Uses of the Services by using the contact information listed in Section 29(b) below and that you will provide the Company with reasonable assistance in any investigations conducted by the Company in light of the information that you provide.
(d) You acknowledge and understand that the Company has no obligation to monitor your access to or use of the Services, but that the Company has the right to do so: (1) to operate and improve the Services (including, without limitation, for fraud prevention, risk assessment, enforcing the Reasonable Use Policy, investigation and customer support purposes): (2) to ensure your compliance with these Terms; and (3) to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. To protect the integrity of the Services, the Company reserves the right at any time in the Company’s sole discretion to: (i) block users using any technologically available measures available in the Company’s sole discretion from accessing and using the Services; and/or (ii) enact policies, procedures and/or automated systems to monitor and prevent prohibited uses of the Services including, without limitation, to limiting, suspending, deactivating and/or terminating accounts, users, eSIMs, Plans, Devices and/or IP addresses that the Company believes are committing any Prohibited Uses and/or are attempting to bypass the security systems and fraud detection prevention put in place by the Company in the Services.
(e) You acknowledge and agree that the Company may preserve content to: (1) enforce these Terms; (2) respond to claims that content violates the rights of third parties; and/or (3) protect the rights, property and/or personal safety of the Company, its users and the public. You understand that the technical processing and transmission of the Services including, without limitation, your conversations, texts and/or other content, may involve: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or Devices.
(f) You represent, warrant and covenant to the Company that: (1) your use of the Services is and will always be lawful, does not and will not violate any local, municipal, state, provincial, national, federal, international or other laws and does not and will not violate the rights of any third party; and (2) you will only install and use the Services to record, monitor and publish communications where such recording and monitoring is authorized by applicable law.
(g) Without limiting the generality of any other provision(s) of these Terms: (i) unusually high usage of the Services attributable to individual accounts may impair the Company’s ability to provide the Services to other AloSIM users and/or indicate misuse of the Services; and (ii) in these Terms, reasonable use means that your use of the Services: (1) does not materially impair the Company’s ability to provide the Services to other users; and (2) is not used for any Prohibited Uses. Except where prohibited by law, if you violate the provisions of this Section 8(g) (such provisions, the “Reasonable Use Policy”), then the Company may modify, limit, suspend, deactivate, terminate and/or take any other action regarding your Services to prevent continued violation of this Reasonable Use Policy.
(h) Unless otherwise expressly authorized in these Terms or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer and/or upload for any commercial purposes, any portion of the Services, use of the Services and/or access to the Services. THE SERVICES ARE FOR YOUR PERSONAL USE ONLY.
(i) Without limiting the generality of any other provision(s) of these Terms and notwithstanding any provision(s) of these Terms, you hereby expressly agree and acknowledge that any act or omission by you and/or on your behalf that circumvents or is intended to circumvent any provision(s) of these Terms relating to Unlimited Plans, any reduction of Data transmission speeds, the Company’s measurement of your Data usage, the Reasonable Use Policy and/or any similar matters (including, without limitation, by way of manipulation of any Device, subscriber identifier(s), traffic characteristics, repeated activation or deactivation of any eSIM(s) or Plan(s) or similar actions) is hereby expressly prohibited, will constitute a breach by you of these Terms and will be subject to the provisions of Section 15 below.
9. Intellectual Property Rights
(a) Subject to the provisions of these Terms, the Company hereby grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable, non-assignable license to access and use the Services solely for your personal, private and non-commercial use while your Account is in good standing and has not been otherwise terminated pursuant to these Terms. To access and use the Services, you may be required to download and install the Company’s applicable mobile or desktop application(s) (including, without limitation, each eSIM and the App) and/or the Software (as defined in Section 9(b) below). Subject to the provisions of these Terms, the Company hereby grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable, non-assignable license to download, install and use the Software while your Account is in good standing and has not been otherwise terminated pursuant to these Terms. You may not use the Services and/or Software on any Device that you do not own or control, and you may not distribute or make the Services and/or Software available over a network where it could be used by multiple Devices at the same time.
(b) As between you and the Company, the Services and the technology and software underlying the Services and/or distributed in connection with the Services (including, without limitation, any releases, updates or enhancements of or to the Services) and associated documentation (collectively, the “Software”), and all the intellectual property rights therein or relating thereto, are and shall remain the exclusive property of the Company, its affiliates, partners and/or licensors (as applicable). Nothing in these Terms shall be interpreted to provide you with any rights in the foregoing, except the limited right to use the Services and Software expressly set forth in these Terms. Any rights not expressly granted in these Terms are expressly reserved by the Company.
(c) You acknowledge and agree that the Services may contain content that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws (collectively, “Service Content”). Except as expressly authorized by the Company in writing, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute and/or create derivative works based on the Services or the Service Content, in whole or in part. Any use of the Services, the Software or the Service Content other than as specifically authorized in these Terms is strictly prohibited.
(d) The “AloSIM” name and logo are trademarks of the Company (collectively, together with any future trademarks of the Company related to the Services, the “Trademarks”). Other product and/or service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to the Company. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Trademarks displayed on the Services without the Company’s prior written permission in each instance. All goodwill generated from any use of the Trademarks will inure to the Company’s exclusive benefit.
(e) The Services may allow you to implement, access or acquire products, services, websites, links, content, material, games or applications from third parties (i.e. companies or people other than the Company) including, without limitation, the App Stores (collectively, “Third Party Apps and Services“). The Services may also help you find Third Party Apps and Services, and you understand that you are directing the Services to provide Third Party Apps and Services to you. Certain Third Party Apps and Services may also allow you to store your content with the publisher, provider or operator of such Third Party Apps and Services. Certain Third Party Apps and Services may present you with a privacy policy or require you to accept additional terms of use before you can install or use such Third Party App or Services. You should review any additional terms and privacy policies before acquiring or using any Third Party Apps and Services. Any additional terms do not modify any of these Terms. You are responsible for your dealings with third parties. The Company does not license any intellectual property to you as part of any Third Party Apps and Services and is not responsible for information provided by third parties.
(f) You acknowledge and agree that any questions, comments, suggestions, ideas, recommendations, requests, feedback or other information about the Services provided by you to the Company (collectively, “Feedback”) are non-confidential and the Company is and will be entitled to the unrestricted use and dissemination of all Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you and you hereby assign, irrevocably, exclusively and on a royalty-free basis, all such Feedback to the Company.
(g) Materials may be made available via the Services by third parties not within the Company’s control. The Company is under no obligation to, and does not, review content transmitted, sent or received using the Services for purposes of determining copyright infringement. However, the Company reserves the right to limit, suspend, deactivate and/or terminate access to the Services if you or any user infringes on the copyright(s) of any other person, and the Company will, in appropriate circumstances, limit, suspend, deactivate and/or terminate your or any other user’s access to the Services if the Company determines in its sole discretion that a user is a repeat infringer. To notify the Company of a copyright claim, please see Section 18 below.
10. Third Party Websites
(a) The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. The Company has no control over such sites and resources and is not responsible for and does not endorse any such sites and resources. Without limiting the generality of any other provision of these Terms, you acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and such third party and, without limiting the generality of any other provision of these Terms, you agree that the Company is not liable for any loss or claim that you may have against any such third party.
(b) The Company is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with any social networking services. As such, without limiting the generality of any other provision of these Terms, the Company is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such social networking services. The Company enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
11. General Indemnity and Release
To the fullest degree permitted by applicable law, you hereby agree to release, indemnify, defend and hold the Company and its affiliates and licensors, and each of the Company’s and such affiliates’ and licensors’ respective business partners, shareholders, directors, officers, employees, representatives, agents successors and assigns (each, a “Company Party” and, collectively, the “Company Parties”) harmless from and against any and all losses, liabilities, judgments, penalties, fines, damages, expenses (including reasonable attorneys’ fees), rights, claims, injuries (including death) and actions of any kind arising out of or relating to your use of the Services and/or your content, your connection to the Services, your violation of these Terms (including, without limitation, your violation of any of the Prohibited Uses), your violation of any law, and your violation of any rights of any other person. If you are a California resident, then you hereby waive California Civil Code Section 1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” If you are a resident of another jurisdiction, then you waive any comparable statute or doctrine applicable in or with respect to that jurisdiction.
12. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ANY OF ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY. IF THE SERVICES CAUSE ANY DEFECTS, THEN YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND/OR CORRECTION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY HEREBY DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, THE FAILURE TO STORE, THE MISDELIVERY AND/OR THE UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. THE COMPANY HEREBY DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY MATERIALS WHATSOEVER THROUGH THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT TECHNICAL PROCESSING AND TRANSMISSION OF INFORMATION (INCLUDING, WITHOUT LIMITATION, YOUR CONTENT) USING THE SERVICES MAY INVOLVE TRANSMISSIONS OVER VARIOUS NETWORKS AND CHANGES TO CONFORM AND ADAPT TO TECHNICAL REQUIREMENTS OF CONNECTING NETWORKS OR DEVICES. THE COMPANY IS NOT, AND SHALL NOT, BE RESPONSIBLE OR LIABLE FOR ANY: (A) INCORRECT OR INACCURATE TRANSCRIPTION OF INFORMATION; (B) HUMAN ERROR OR PRINTING ERROR; (C) PROBLEMS RELATING TO YOUR DEVICE OR ANY OTHER COMPUTER EQUIPMENT, SOFTWARE, INABILITY TO ACCESS YOUR CONTENT OR THE SERVICES; OR (D) OTHER TECHNICAL OR NON-TECHNICAL ERROR OR MALFUNCTION.
IN NO EVENT SHALL THE COMPANY’S APP MERCHANT(S) AND/OR ANY THIRD PARTY NETWORK PROVIDER(S) BE LIABLE FOR THE SALE, DISTRIBUTION OR YOUR USE OF ANY SERVICES OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY SERVICES. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, THE COMPANY’S APP MERCHANT(S) AND THIRD PARTY NETWORK PROVIDER(S) SHALL BE THIRD PARTY BENEFICIARIES TO THIS SECTION 12. YOU FURTHER ACKNOWLEDGE AND AGREE TO DISCHARGE, WAIVE AND RELEASE THE COMPANY’S APP MERCHANT(S) AND THIRD PARTY NETWORK PROVIDER(S) FROM ANY CLAIMS, LIABILITIES AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO YOUR INTERACTIONS WITH SUCH PARTIES AND THEIR PRODUCTS AND SERVICES. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, THE COMPANY DISCLAIMS ALL LIABILITY OF ANY KIND IN RELATION TO THE COMPANY’S APP MERCHANTS AND THIRD PARTY NETWORK PROVIDERS AND THEIR RESPECTIVE PRODUCTS AND SERVICES.
13. Limitation of Liability
(a) WITHOUT LIMITING THE GENERALITY OF ANY OTHER PROVISION OF THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ANY COMPANY PARTY BE LIABLE FOR PERSONAL INJURY OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, SERVICE INTERRUPTION, DAMAGE TO YOUR DEVICE, SYSTEM FAILURE OR OTHER INTANGIBLE LOSSES, OR FOR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES OR FOR DAMAGES FOR PERSONAL OR BODILY INJURY (INCLUDING, WITHOUT LIMITATION, DEATH) OR EMOTIONAL DISTRESS OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OR INABILITY TO USE YOUR CONTENT AND/OR THE SERVICES OR YOUR ACCESS TO AND USE OF THE SERVICES AND ANY CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR CONTENT AND ANY THIRD PARTY CONTENT, AVAILABLE ON OR THROUGH THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) In no event shall the Company’s total liability to you for all damages (other than as may be required by applicable law) exceed the amount of fifty Canadian dollars (CAD$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
(c) You may not use or otherwise export or re-export the App or any eSIM except as authorized by applicable law and the laws of the jurisdiction in which the App or such eSIM was obtained including, without limitation, Canadian and United States laws. In particular, but without limitation, none of the App, any eSIM or the Software may be exported or re-exported (1) into any U.S. embargoed countries or (2) to any person on the U.S. Treasury Department’s list of Specially Designated Nationals And Blocked Persons List or the U.S. Department of Commerce Denied Person’s List or Unverified List. By using the App or any eSIM you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by applicable laws, including the laws of Canada and the United States.
(d) THE FOREGOING LIMITATIONS OF LIABILITY AND DAMAGES IN THIS SECTION 13 ARE FUNDAMENTAL AND FORM THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
(e) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET OUT IN THIS SECTION 13 MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
14. Availability, Errors and Inaccuracies
(a) THE COMPANY RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO WITHDRAW, SUSPEND, REMOVE OR AMEND THE SERVICES AND ANY SERVICE OR MATERIAL IT PROVIDES IN CONNECTION WITH THE SERVICES WITHOUT NOTICE. THE COMPANY WILL NOT BE LIABLE IF, FOR ANY REASON, ALL OR PART OF THE SERVICES ARE UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD OF TIME. THE COMPANY MAY ALSO IMPOSE LIMITS ON THE USE OF OR ACCESS TO THE SERVICES, IN ANY CASE AND WITHOUT NOTICE OR LIABILITY.
(b) The Company is constantly updating product and service offerings and may experience delays in updating information on the App and in the Company’s advertising on other websites. THE INFORMATION FOUND IN SUCH PLACES MAY CONTAIN ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. SERVICES MAY BE MISPRICED, DESCRIBED INACCURATELY, OR UNAVAILABLE AND THE COMPANY CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION.
(c) Due to the nature of the Internet, the Company does not guarantee continuous and uninterrupted availability and accessibility of the Services. The Company and/or its third party service providers may also restrict the availability of the Services if they deem it to be necessary for any reason, in their respective sole discretion, including for the security of their respective servers, or to carry out maintenance of any Services. The Company reserves the right to change or update information and to correct errors, inaccuracies, or omissions or to improve, enhance and modify the Services and introduce new services from time to time, at any time, without prior notice or liability.
(d) Unless otherwise stated, the Company makes no representation that the Services are available for use in any particular location.
13. Termination
(a) You may terminate your Account and your access to and use of the Services by deleting or otherwise closing your Account. ANY SUCH TERMINATION WILL BE EFFECTIVE IMMEDIATELY. Upon any such termination, you shall cease all use of the Services and delete all copies, full or partial, of the App, each eSIM, the Software and Service Content.
(b) The Company may, at its sole discretion, limit, suspend, deactivate and/or terminate your Account and your access to and use of the Services, without notice, for any reason or no reason, in whole or in part. Without limiting other remedies or the scope of the immediately foregoing sentence, the Company may, at its sole discretion, limit, suspend, deactivate and/or terminate your Account and your access to and use of the Services, in whole or part, and/or prohibit access to the Services or delete your Account, with immediate effect: (1) if you: (i) are in breach (or are threatening to be in breach) of these Terms; (ii) have acted inconsistently with the letter and/or spirit of these Terms; (iii) have created or are threatening to create legal liabilities (actual or potential) to the Company or any third party; (iv) are infringing the Company’s or any third party’s intellectual property rights; (v) are engaging in fraudulent, immoral or illegal activities; or (vi) for other similar reasons; (2) if your Account becomes Inactive; (3) for any reason which may damage the Company’s business including, without limitation, your use of software from third parties to send messages using the Services, any excessive use of the Services (as determined in the Company’s sole discretion); or (4) if the Company is required to do so by applicable law (e.g. where the provision of the Services to you is, or becomes, unlawful). Without limiting the generality of any other provisions of these Terms, you agree that the Company will not be liable to you or to any third party for any limitation, suspension, deactivation and/or termination of your access to the Services. The Company also reserves the right at any time in its sole discretion to block users from accessing and using the Services to protect the integrity of the Services. The Company may effect such limitation, suspension, deactivation and/or termination by providing notice to you to the Email address you provided in opening your Account and/or by preventing your access to your Account and the Services.
(c) ANY SUSPECTED FRAUDULENT, ABUSIVE OR ILLEGAL ACTIVITY THAT MAY BE GROUNDS FOR LIMITATION, SUSPENSION, DEACTIVATION AND/OR TERMINATION OF YOUR USE OF SERVICES, MAY ALSO BE REFERRED TO APPROPRIATE LAW ENFORCEMENT AUTHORITIES.
(d) Upon any deactivation and/or termination of your Account and of your access to the Services: (1) all licenses and rights to use the Services shall immediately terminate; (2) you will immediately cease any and all use of any eSIM, the App and the other Services; and (3) you will immediately remove and delete each eSIM and the App from your Devices. Upon any deactivation and/or termination of the Services or the applicable feature or functionality thereof, your right to use the Services or the applicable feature or functionality thereof will automatically terminate. The Company will not have any liability whatsoever to you for any limitation, suspension, deactivation and/or termination.
(e) You agree that if your Account and your access to the Services are limited, suspended, deactivated and/or terminated for cause by the Company or if your Account or ability to access the Services are discontinued by the Company due to your violation of any provision of these Terms or for conduct otherwise deemed inappropriate, then you shall not attempt to re-register with or access the App or Services through use of a different member name, different Device or otherwise.
16. Certain Privacy Matters
(a) If you, for any reason, collect, store or process personal information of any individual when using the Services, then you must comply with all applicable privacy and data protection laws, taking into account the nature of the information that you so collect, store or process. You agree and warrant to the Company that you are solely responsible when using the Services for complying with applicable data protection, security and privacy laws and regulations (including, if applicable, the European Union’s General Data Protection Regulation (the “GDPR”) and the European Union’s e-Privacy Directive/Regulation), including any consent and notice requirements relating thereto.
(b) You acknowledge and agree that if you reside in, or any entity or organization on behalf of which you act is established in or does business in, any of the European Union, the European Economic Area or Switzerland, then the Services provide you with a platform only and, in relation to your use of the Services and any related collection, use or disclosure of information by you, you, and not the Company, are a data Controller (as such term is defined in the GDPR) and you are solely responsible to comply with any and all obligations related thereto. This includes, without limitation, the collection and processing by you of any personal data when you use the Services and/or any services provided by third parties in conjunction with your use of the Services to collect personal data from other persons, to send marketing and other electronic communications to individuals and when using cookies and similar technologies in conjunction with the Services.
(c) Without limiting the generality of any other provision of these Terms, you hereby represent and warrant to the Company that: (i) you are solely responsible for any and all compliance with the GDPR and all applicable privacy laws in respect of your use of the Services; (ii) you, and not the Company, are a Controller (as such term is defined in the GDPR) for all information that you collect and use; and (iii) you have conducted, and will at all times conduct, your use of the Services in compliance with all applicable privacy laws including, as may be applicable, the GDPR.
(d) Without limiting the generality of any other provision of these Terms, you agree that you shall defend, indemnify and hold harmless the Company and each of the Company Parties from and against any and all fines, suits, actions, proceedings, claims, demands, debts, obligations, settlements, losses, damages, liabilities, costs and expenses (including all reasonable legal and professional fees and costs) arising from or in any way connected to: (i) any breach of this Section 16 including, without limitation, any failure to comply with the GDPR or other applicable privacy laws; and (ii) any claim against the Company or any Company Party by any third party to the extent caused by, relating to or arising in connection with any act or omission of or by you or a person related to you in the performance of this Section 16 and/or compliance with the GDPR or other applicable privacy laws.
17. International Transfer of Information
The Services may be offered outside Canada and the United States. If so, any information collected by the Company from you may be transferred to Canada, the United States and/or any other country where such information will be processed and stored by the Company and/or its agents or contractors. The Company’s privacy practices are guided by Canadian data privacy laws. Such Canadian data protection laws or those of other countries in which such information may be transferred may not be as comprehensive or equivalent to those in your country of residence. By using the Services, you consent to the collection, international transfer, storage and processing of your information as set forth in these Terms and in the Privacy Policy.
18. United States Digital Millennium Copyright Act Notices
The Company respects the intellectual property rights of other persons and requires those that use the Services do the same. The Company may, in appropriate circumstances and at the Company’s sole discretion, remove or disable access to material on the Services that infringes upon the copyright rights of other persons. The Company also may, at its discretion, remove or disable links or references to any online location that contains infringing material or infringing activity. If any person using the Services infringes on other persons’ copyright, then the Company may in its sole discretion limit, suspend, deactivate and/or terminate such person’s rights to use the Services.
If you believe that your work has been used on the Services in any manner that constitutes copyright infringement, please notify the Company’s copyright agent by written notice. The notice should include the following information:
• an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
• a description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
• identification of the location on the Services of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
• your name, address, phone number and Email address;
• a statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or applicable law; and
• a statement by you that all of the information in this notice is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf.
To make claims of copyright infringement through the use of the Services, please send your notice to the Company at:
By mail: 45 O’Connor Street, Suite 1420, Ontario, K1P 1A4, Canada
By Email: support@alosim.com
19. Proprietary Rights
Each eSIM, the App and Software are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, all such Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.
20. User Disputes
You agree that you are solely responsible for your interactions and conversations with any other user in connection with the Services and the Company will have no liability or responsibility with respect thereto. Without limiting the generality of any other provision of these Terms, the Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
21. App Merchants
(a) You acknowledge and agree that the availability of the App is dependent on the third party from whom you downloaded or received the App (the “App Merchant”). You acknowledge that these Terms bind you and the Company and do not bind the App Merchant. The Company, not the App Merchant, is solely responsible for the App and the Services, the content thereof, maintenance, support services and any warranty therefor, and addressing any claims relating thereto. You agree to pay all fees charged by the App Merchant in connection with your download of the App (if any). You agree to comply with, and your license to use the App and the Services are conditioned upon your compliance with, all applicable third party terms of agreement when using the App. You acknowledge that to the maximum extent permissible by law, the App Merchant (and its affiliates) are third party beneficiaries to these Terms and will have the right to enforce these Terms.
(b) If you download the App from Apple’s App Store or use the App to run on Apple’s operating system (“iOS”), such as with any iPhone, iPod, iPad or other related device using such iOS, then the following terms will also apply and you acknowledge and agree to the following terms:
- the Company and you acknowledge that these Terms are between you and the Company only, and not with Apple;
- the Company, not Apple, is solely responsible for the Services and the App and the content thereof;
- if the other provisions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 21, the more restrictive or conflicting terms and conditions in this Section 21 will apply, but solely with respect to the use of the Services and the App when used on iOS;
- the license granted to you for the App is limited to a non-transferable license to use the App on any iOS Device that you own or control and as permitted by the Usage Rules set forth in Apple’s App Store terms of service;
- you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
- in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Company’s sole responsibility pursuant to the provisions of these Terms;
- you and the Company acknowledge that, as between the Company and Apple, the Company, not Apple, is responsible for addressing any claims you or any third party may have relating to the Company and the App or your possession and/or use of the App, including, without limitation, any: (i) product liability claims; (ii) claim that the App fails to conform to any applicable legal or regulatory requirement; and/or (iii) claims arising under consumer protection or similar legislation;
- these Terms do not limit the Company’s liability to you beyond what is permitted by applicable law;
- you and the Company acknowledge that, in the event of any third party claim that the Services or the App or your possession and use of that App infringes that third party’s intellectual property rights, as between the Company and Apple, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;
- you and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof; and
- without limiting any other provisions of these Terms, you must comply with all applicable third-party terms of agreement when using the App.
22. No Waiver
The failure by you or the Company to require performance of any provision of these Terms shall not affect your or the Company’s respective right to require performance of that or any other provision of these Terms at any time thereafter, nor shall a waiver of any breach or default of these Terms or of any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of these Terms or of any provision of these Terms.
23. Severability
Any provision of these Terms which is finally determined by a court of competent jurisdiction with no further right of appeal to be illegal, invalid, prohibited and/or unenforceable shall, as within the jurisdiction of that court only, be ineffective to the extent of such illegality, invalidity, prohibition and/or unenforceability and shall be severed from the balance of these Terms for the purposes of that jurisdiction only, all without affecting the remaining provisions of these Terms or affecting the legality, validity and/or enforceability of such severed provision in any other jurisdiction. You and the Company hereby agree to reformulate any such illegal, invalid, prohibited and/or unenforceable provision in good faith to preserve the original intentions and objectives of these Terms and to remove such illegality, invalidity, prohibition and/or unenforceability to the extent possible for the purposes of each jurisdiction where such provision was found to be illegal, invalid, prohibited and/or unenforceable without materially reducing the value of these Terms to you or the Company.
24. Assignment
You may not assign, transfer or delegate these Terms and your rights and obligations hereunder without the Company’s written consent, which consent may be conditioned, delayed and/or withheld at the Company’s sole discretion. The Company may, without restriction, assign, transfer or delegate these Terms and any rights and obligations hereunder at its sole discretion.
25. Force Majeure
Without limiting the generality of any other provision of these Terms, the Company will not be liable for any loss, damage, delay, breach of failure in performing the Services or any of the Company’s obligations pursuant to these Terms resulting from any Force Majeure Event (as defined in the following sentence). In these Terms, “Force Majeure Event” means any event or combination of events that is beyond the Company’s reasonable control and that frustrates the purpose of and/or the Company’s ability to perform the Services and/or its obligations pursuant to these Terms and includes, without limitation, any: (a) acts of God; (b) flood, fire, earthquake and/or explosion; (c) war, invasion, hostilities (whether or not war is declared), terrorist threats or acts, riot or other civil unrest; (d) order or law of or any action by any governmental authority; (e) actions, embargoes or blockades; (f) national or regional emergency; (g) strike, labour stoppage or slowdown or other industrial disturbance; (h) epidemic, pandemic or similar occurrence; (i) emergency state; (j) shortage of adequate medical supplies and/or equipment; and/or (k) shortage of power or transportation facilities, fuel, energy, labour or materials.
26. Miscellaneous
These Terms constitute the entire agreement between you and the Company as they relate to the access to, and use of, the Services and the subject matter of these Terms. These Terms supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral, between the Company and you relating to the matters set forth herein including, without limitation, any prior version of these Terms. You and the Company agree that these Terms and all documents relating thereto be drawn up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais. You may also be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. You agree that a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms are for convenience only and have no legal or contractual effect.
27. Governing Law
The rights, duties and obligations of you and the Company and the validity, interpretation, performance and legal effect of these Terms shall be governed and determined by the laws of the Province of Ontario, Canada without giving effect to the choice of law provisions thereof. You and the Company hereby submit to the exclusive jurisdiction of the courts of the Province of Ontario sitting in the City of Ottawa, Ontario, Canada in any action, application or other proceeding arising with respect to, in any manner, these Terms; provided, however, that notwithstanding anything contained in these Terms, the Company may seek injunctive or other equitable relief whenever the facts or circumstances would permit the Company to seek such equitable relief in any court of competent jurisdiction. You expressly agree that, if there is a dispute under these Terms and such dispute is to be resolved in a court of law, then such dispute shall not be resolved by jury trial and you hereby waive any right to trial by jury. Your use of the Services may also be subject to other local, state, national or international laws. You agree that regardless of any applicable law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
28. Notice for California Users
Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210.
29. Contact Information
(a) Unless specified otherwise, any notices or communications required or permitted to be provided to you under these Terms will be in writing and sent via Email to the Email address you provided to the Company upon opening your Account and/or on through the App or the Website. By providing the Company with your Email address, you agree to receive all required or permitted notices electronically, to that Email address or by mobile notifications via the App and/or the Services. It is your responsibility to update or change that Email address, as appropriate. IF THE EMAIL ADDRESS YOU PROVIDED TO THE COMPANY IS NOT VALID, OR FOR ANY REASON IS NOT CAPABLE OF DELIVERING TO YOU ANY NOTICES REQUIRED OR PERMITTED BY THESE TERMS (INCLUDING, WITHOUT LIMITATION, SENDING AN EMAIL BY THE COMPANY TO ANY SUCH EMAIL ADDRESS RESULTS IN ANY “BOUNCE BACK”), THEN SENDING AN EMAIL TO SUCH ADDRESS BY THE COMPANY WITH RESPECT TO SUCH NOTICE WILL NONETHELESS CONSTITUTE EFFECTIVE NOTICE TO YOU.
(b) You may give notice to the Company at the contact address below. Such notice shall be deemed given when received by the Company by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at such address.
By courier or mail: 45 O’Connor Street, Suite 1420, Ontario, K1P 1A4, Canada
If you have any questions about these Terms, then please contact the Company at either the address above or by email at support@alosim.com.