TERMS AND CONDITIONS
These Terms and Conditions constitute a legally binding agreement (“Agreement“) made between you and FairPlay Mobile, hereinafter referred to as “FairPlay“, concerning your access to and use of our mobile application (the “Application”). You agree that by accessing the Application, you have read, understood, and agree to be bound by all of these Terms and Conditions Use.
If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the application and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Application from time to time also form part of these Terms and Conditions. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We may alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Application after the date such revised Terms are posted.
The service provided by the Application is not intended for use by any person or entity in any jurisdiction or country where such use would be contrary to law or regulation. Accordingly, those persons who choose to access the Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
1. eSIM service
FairPlay sells prepaid and postpaid eSIM with data service plans based on eSIM technology (the "Service"). FairPlay may be reselling the Service through a Partner or an Agent.
2. Terms of Service
2.1. Registration
2.1.1. The customer may register for the Service through our FairPlay webshop, App or via partners or agents.
2.1.2. The customer must provide his or her First and Last name, and verifiable email address to register. Additionally customers may upload their profile photo and state their sport and travel preferences. Such information can be provided voluntarily.
2.1.3. The customer must accept the General Terms and Conditions and the Privacy Policies to register for the Service.
2.2. Purchase and Activation
2.2.1. FairPlay may restrict the availability of plans to some countries. Customers can browse, select and purchase our plans on the FairPlay webshop, App or via partners and agents.
2.2.2. By purchasing the Service, customers acknowledge that they have an unlocked, eSIM-compatible device, which is a prerequisite for the Service.
2.2.3. On purchase, customers must download the eSIM onto the customer device in order for the data plans to be configured as per your order. The downloaded eSIM shall continue to remain on your device after credit has been expended or your plan has expired. Customers can choose to remove the eSIM in their phone settings at any time, but we recommend that the customer do not remove eSIM until their plan has been depleted or expired.
2.2.4. To implement Service, the customer must first download the eSIM, then activate the data plan attached to the eSIM in order for service to commence. This downloading eSIM and the activation of the plans may require stable internet connection.
2.3. Duration and Termination
2.3.1. The Service shall commence immediately following a successful download of eSIM and activation of the data plan associated with the eSIM.
2.3.2. The duration of the Service will be as per the terms of the plan purchased.
2.3.3. The Service will terminate either on full consumption of plan or expiry of duration of the plan, whichever is earlier.
2.3.4. FairPlay may suspend the Customer’s use of the Service in case of breach of customer obligations mentioned below, with or without any notice. FairPlay reserves the rights close the account(s) of any Customer and to request proper payment if the Customer attempts to use the FairPlay’s credits, promotions and referrals for the Services (the “Program”) in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
2.4. Engagement
2.4.1. The Service is provided on an "as is" and "as available" basis. FairPlay shall use reasonable steps to make the Service available to you at all times, contingent upon our and/or our service provider's ability to maintain network capacity and connection availability. However because FairPlay relies on technology and networks provided by its partners, FairPlay cannot guarantee network coverage, quality or availability of the Service.
2.4.2. FairPlay partners with other entities to provide the Service. FairPlay is under no obligation to inform the customer if it uses services from such partners. Customers agree to comply with Terms and Conditions of our partners as well. Our primary partner is TATA Communications Limited.
2.4.3. Availability of Service depends on our partners’ ability to maintain network capacity and connection availability, for which there are no guarantees.
2.5. Customer Obligations
2.5.1. Customer agrees to use the Service in compliance with these Terms and Conditions and to be responsible for all use of the Service.
2.5.2. Customer agrees to submit true, accurate, and complete registration information, and to keep such information up-to-date.
2.5.3. Customer agrees to keep the password confidential and will be responsible for all use of the account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is objectionable.
2.5.4. Customer agrees to use the Service in accordance with all applicable laws and regulations of the home nation, the country of residence, and the country in which the customer is present.
2.5.5. Customer agrees that the Service shall be used for personal consumption only.
2.5.6. Customers agree that the Service shall not be used to engage in any action that is abusive, illegal or fraudulent or that causes the Network to be impaired or damaged.
2.5.7. Customer agrees that the credits, promotions and referrals for the Services (the “Program”) shall not be used to undermine the fairness, integrity or legitimate operation of the Program, including but not limited to, creating fake accounts or using fictitious identities to participate in the Program or receive Reward. FairPlay, in its sole discretion, reserves the right to disqualify the customer from the Program and future use of our Services.
2.5.8. Customer agrees that FairPlay may suspend the Service in case of breach of the above obligations, and that the Customer will continue to be liable and shall pay all charges due under these Terms and Conditions in respect of the suspended Services. Do note that any attempt to deliberately damage or undermine the legitimate operation of the Services and the Program may be in violation of criminal and civil laws. FairPlay reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution.
3. Payment Terms
3.1. The customer may register and buy the eSIM on FairPlay webshop or App. Payment may be processed through an authorized agent of FairPlay.
3.2. All eSIM are prepaid or postpaid and prices are inclusive of any indirect taxes, unless specified otherwise. Indirect Tax will be levied on the basis of the zip code shown in the billing information related to the Credit Card Payment.
3.3. Indirect Taxes means sales tax, value-added tax, and any similar levies or taxes imposed by government entities at the time of sale of plans.
4. Return and Refund Policy
4.1. Customers will be charged for the purchase of eSIM, virtual phone numbers (DIDs) or international mobile subscriber numbers (MSISDNs).
4.2. Customers may request a non-disputed refund payment or change prior to installation and activation, or if there is a known technical issue caused by FairPlay after activation.
4.3. FairPlay Mobile allows cancellations of eSIMs, Virtual Numbers (DIDs) or Mobile Station International Subscriber Directory Numbers (MSISDNs) under the following conditions:
4.3.1 Same-day request: The cancellation must be requested on the same day the order was placed and before the eSIM, Virtual Number or MSISDN has been used.
4.3.2 No activation: Cancellations will not be accepted if the eSIM QR code has been downloaded and activated on the device, or if the Virtual Number or MSISDN has been used.
4.4 Refund Request Process
4.4.1 Any complaints or feedback about the Service can be sent via a composed written message.
4.4.2 Initial contact: Get in touch with FairPlay Mobile's customer support team on the same day of purchase to request cancellation:support@fairplay-mobile.com
4.4.3 Request evaluation: The team will review whether the eSIM, Virtual Number or MSISDN has not been used or activated.
4.4.4 Confirmation and refund: If the conditions are met, FairPlay Mobile will proceed with the cancellation and the corresponding refund.
4.5 Additional Considerations
4.5.1 Device compatibility: It is the customer’s responsibility to check the compatibility of their device with the eSIM before making a purchase.
4.5.2 Refund processing time: Processing times for refunds may vary depending on the bank and the payment method used.
4.5.3 Non-disputed refunds should be made within seven days.
5. Fair Usage Policy
5.1 The use of the eSIM and the purchased Service by Customer is expected to be a fair data usage.
5.2 Excessive volume or duration of data use, determined at FairPlay‘s sole discretion, acting reasonably, will constitute abuse of data usage privileges by the Customer.
5.3 FairPlay reserves the right to monitor data usage and to withdraw the Services supplied to the Customer at any time in case of overuse or abuse of the Service by the Customer.
5.4 FairPlay will not be liable for reimbursement, compensation, or any subsequent loss of any eSIM, and/or FairPlay Product that is suspended, withdrawn, or terminated under this Fair Use Policy.
5.5 If the Customer purchases an ‘unlimited’ data plan, they must note that data coverage and speed may be subject to the network operator's fair use policy. This means that the network operator reserves the right to impose restrictions or limitations on data usage or speed if your usage is deemed excessive or if it affects the network performance of other Customers, in order to ensure a high quality of service for all Customers.
6. Unlimited Data Plans
6.1 The unlimited data plan offers unlimited data usage to the Customer for a specified period of time as determined by FairPlay. The unlimited plan will consist of a daily allocation of high-speed data. If the Customer consumes the entirety of their daily allocation of high-speed data, then their data speed will be reduced until the next high-speed data period begins. The daily allocation of high-speed data resets every 24 hours for the duration of the plan purchased by the Customer.
6.2 The Customer agrees to pay the fee for the unlimited data plan as specified by FairPlay.
6.3 This plan is valid only for personal use and cannot be used for commercial or illegal activities.
6.4 Customers are strictly prohibited from using the Unlimited plan for any of the following activities:
1. automated data-intensive activities such as file sharing, peer-to-peer connections or extensive downloads
2. Mass applications of machine-to-machine data, 2. Continuous streaming of content intended to replace a landline Internet connection
3. any activities that negatively impact the performance of FairPlay‘s network or its network/technology partner or impair the experience of other FairPlay Customers
4. excessive tethering or sharing of data via a hotspot with multiple devices or users beyond occasional beyond normal personal use
5. Sale or transfer of data volume to third parties
6. Any use that violates applicable law, regulations or network operator guidelines.
6.5 FairPlay reserves the right to reduce the data speed at any time.
6.6 The reduced speed may vary depending on network coverage and traffic congestion.
6.7 The Customer acknowledges that excessive data usage may result in slower internet speeds due to network management practices implemented by FairPlay and its partnering network operators.
6.8 The Customer understands that using high-bandwidth applications, such as video streaming or online gaming, may exhaust their monthly data allowance quickly and result in reduced speeds.
6.9 In case of any violation of these terms and conditions, including unauthorized use of the unlimited data plan, FairPlay reserves the right to terminate the service without prior notice.
6.10 FairPlay reserves the right to modify or discontinue this unlimited data plan at any time without prior notice.
6.11 By purchasing this unlimited data plan, the Customer agrees to comply with all applicable laws and regulations regarding internet usage and content access.
6.12 The Customer understands that this plan does not guarantee uninterrupted or error-free internet connectivity and holds no liability against any disruptions caused by factors beyond our control such as natural disasters, technical issues, etc.
6.13 All other terms mentioned in the general terms and conditions of FairPlay are also applicable to this unlimited data plan.
6.14 The Customer agrees to these terms and conditions upon subscribing to the unlimited data plan and any violation of these terms may result in immediate termination of the service without refund.
7.Governing Law and Legal Compliance
7.1 This Agreement and any non-contractual obligation arising out of or in connection with it, will be governed by and construed in accordance with the laws Zurich, Switzerland and any dispute shall be dealt in the courts there.
7.2 We may be required to collect certain personal information from you in order to comply with legal and regulatory requirements. If we request such information from you and indicate that this is for legal or regulatory compliance, then you agree that you will provide us with the true and accurate information requested. Our use of your personal information is subject to the terms of our Privacy Policy (see below).
8. Intellectual Property Rights
Except as otherwise indicated, the Application is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Application “as is” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. If you are eligible to use the Application, you are granted a limited license to access and use the Application and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Application, Content, and the Marks.
9. Privacy Policy
We take our customers' privacy seriously. Please review our Privacy Policy available in mobile and website. By using the Application, you agree to our Privacy Policy, which is incorporated into these Terms and Conditions. Please note that the Application is hosted in the European Union. If you access the Application from a country other than the European Union with laws or other requirements governing personal data collection, use, or disclosure that differ from those of the European Union, then through your continued use of the Application or Services, you will be transferring your data to the European Union, and you expressly consent to have your data transferred to and processed in the European Union. We may be compelled to disclose your personal details where we are required to do so by a valid order of an authorized governmental representative or court order. By registering for the Services you consent to such disclosure including potentially to countries which do not provide the same level of data protection as the European Union.
10. User Generated Contributions
The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other Customers of the Application and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
10.1 The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party, including but not limited to their copyright, patent, trademark, trade secret, or moral rights.
10.2 You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Application, and other Customers of the Application to use your Contributions in any way enabled by the Application or referred to in these Terms and Conditions.
10.3 You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms and Conditions.
10.4 Your Contributions are not false, inaccurate, or misleading.
10.5 Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
10.6 Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
10.7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
10.8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
10.9. Your Contributions do not violate any applicable law, regulation, or rule.
10.10. Your Contributions do not violate the privacy or publicity rights of any third party.
10.11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
10.12. Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
10.13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
10.14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation. Any use of the Application in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Application.
11. Contribution License
By posting your Contributions to any part of the Application, or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. We have the right, in our sole and absolute discretion:
1. to edit
2. to redact
3. otherwise change any Contributions
12. Guidelines for Reviews
We may provide you areas on the Application to leave reviews or ratings. When posting a review, you must comply with the following criteria:
1. you should have firsthand experience with the person/entity being reviewed;
2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
3. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
4. your reviews should not contain references to illegal activity;
5. you should not be affiliated with competitors if posting negative reviews;
6. you should not make any conclusions as to the legality of conduct;
7. you may not post any false or misleading statements;
8. you may not organize a campaign encouraging others to post reviews, whether positive or negative.
13. Application License
13.1 Use License
We grant you a revocable, non-exclusive, non-transferable, limited right to install and use the Application on wireless electronic devices owned or controlled by you, and to access and use the Application on such devices strictly in accordance with the terms of this license. You shall not:1. decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
3. violate any applicable laws, rules, or regulations in connection with your access or use of the application;
4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application
5. use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended
6. make the application available over a network or other environmental permitting access or use by multiple devices or Customers at the same time
7. use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application
8. use the application to send automated queries to any website or to send any unsolicited commercial e-mail
9. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
13.2 Apple and Android Devices
The following terms apply when you download the Application from either the Apple Store or Google Play (each an “App Distributor”) and then access the Application:
1. the license granted to you for the Application is limited to a non-transferable license to use the Application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service
2. we are responsible for providing any maintenance and support services with respect to the Application as specified in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Application
3. in the event of any failure of the Application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the Application
4. you represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and you are not listed on any U.S. government list of prohibited or restricted parties
5. you must comply with applicable third-party terms of agreement when using the Application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms of this license, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms of this license against you as a third-party beneficiary thereof
14. Social Media
As part of the functionality of the Application, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either:
1. providing your Third-Party Account login information through the Application
2. following us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Application via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Application. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then the Social Network Content may no longer be available on and through the Application. You will have the ability to disable the connection between your account on the Application and your Third-Party Accounts at any time.
Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers.
We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Application. You can deactivate the connection between the Application and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
15. Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Application (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
16. Webshop and App Management
We reserve the right, but not the obligation, to:
1. monitor the Application for violations of these Terms and Conditions
2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such Customer to law enforcement authorities
3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof
4. in our sole discretion and without limitation, notice, or liability, to remove from the Application or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems
5. otherwise manage the Application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Application.