Terms and Conditions

1. Cookies

1. We employ the use of cookies. By accessing smilesim.com, you agreed to use cookies in agreement with the SmileSIM's Privacy Policy.
2. Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

2. SmileSIM Content

1. The Site contains HTML, applications, messages, text, files, images, photos, video, sounds, profiles, works of authorship and other content (collectively, “Content”) of SmileSIM or its licensors (“SmileSIM Content”). The Site (including the SmileSIM Content) is protected by copyright, trademark, trade secret and other laws; and as between you and SmileSIM, SmileSIM owns and retains all rights in the Site and the SmileSIM Content. SmileSIM hereby grants to you a limited, revocable, non-sublicensable license to access, display and perform the SmileSIM Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Site. Except as expressly permitted by SmileSIM in these Terms or on the Site, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any SmileSIM Content. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the SmileSIM Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the SmileSIM Content.
2. You must not: Republish material from SmileSIM; Sell, rent or sub-license material from SmileSIM; Reproduce, duplicate or copy material from SmileSIM; Redistribute content from SmileSIM.
3. Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. SmileSIM does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of SmileSIM,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, SmileSIM shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
4. SmileSIM reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

3. Trademarks

1. The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of SmileSIM or other third parties. You are not permitted to use these Marks without the prior written consent of SmileSIM or such third party.

4. Third-Party Services

1. The Site may make available, or third parties may provide, links to other websites, applications, resources, advertisements, Content or other products or services created, hosted or made available by third parties (“Third-Party Services”), and such third parties may use other third parties to provide portions of the Third-Party Service to you, such as technology, development or payment services. When you access or use a Third-Party Service, you are interacting with the applicable third party, not with SmileSIM, and you do so at your own risk. SmileSIM is not responsible for, and makes no warranties, express or implied, as to, the Third-Party Services or the providers of such Third-Party Services (including without limitation the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices of any third party). Inclusion of any Third-Party Service or a link thereto on the Site does not imply approval or endorsement of such Third-Party Service. SmileSIM is not responsible or liable for the Content or practices of any Third-Party Service or third party, even if such Third-Party Service links to, or is linked by, the Site.

5. Your Content

1. By posting, displaying, publishing or making available for download or use any Content on the Site (other than personal information that is subject to the Privacy Policy), you hereby grant SmileSIM a perpetual, worldwide, nonexclusive, irrevocable, royalty-free,sublicensable (through multiple tiers) license to perform, display, reproduce, prepare derivative works from, distribute, sublicense, transfer and otherwise use without restriction all or any part of such Content.
2. You are entitled to post the Comments on our website and have all necessary licenses and consents to do so.
3. The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party.
4. The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy.
5. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

6. Disclaimers

1. THE SITE AND ALL CONTENT AND OTHER ITEMS MADE AVAILABLE BY SmileSIM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SmileSIM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF DATA OR INFORMATION POSTED, DISPLAYED, PUBLISHED OR MADE AVAILABLE FOR DOWNLOAD OR USE ON THE SITE, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USE OF THE SITE, (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR (iv) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY NOT UNDER SmileSIM'S CONTROL.

7. Limitation of Liability

1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT SHALL SmileSIM, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SITE; AND (b) IN NO EVENT SHALL SmileSIM'S CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS EXCEED TWO HUNDRED U.S. DOLLARS. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

8. Termination and Monitoring

1. If you violate these Terms, SmileSIM may suspend or terminate your use of the Site. SmileSIM's right to suspend or terminate your use of Site applies even if a breach is committed unintentionally or without your authorization if SmileSIM believes that suspension or termination is necessary to ensure compliance with Applicable Laws or to protect the rights, safety, privacy, security or property of SmileSIM, its customers or third parties.
2. SmileSIM reserves the right, but does not assume the obligation, to investigate any violation of these Terms or misuse of the Site. SmileSIM has the right in its sole discretion to edit, refuse to post or remove any Content posted, displayed, published or made available for download or use on the Site that SmileSIM finds to be in violation of these Terms. SmileSIM may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing appropriate customer data. SmileSIM also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations.

9. Electronic Communications

1. When you visit the Site or send emails to SmileSIM, you are communicating with SmileSIM electronically; and you consent to receive communications from SmileSIM electronically. SmileSIM will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that SmileSIM provides to you electronically satisfy any legal requirement that such communications be in writing.

10. Delivery of products and services

1. Digital products and services are delivered exclusively electronically, via smilesim.com. Payment for digital products and services is made either by bank transfer (in the account specified in the invoice), or by card, online, secured, through our payment processor: https://netopia-payments.com/. The customer will receive an e-mail confirming the purchase, with the express indication of the summary of the ordered products and the indications for accessing the Subscription that offers access to the ordered digital products / services. Activation of the Subscription offering access to digital products / services is done by SmileSIM within a maximum of 2 working days from the confirmation of payment.

11. Return of products and services and Reimbursement

1. Digital products and services can only be sent in electronic format, so they are not presented in the form of physical products to be delivered to the Customer. It will not be possible to return the products / services or refund their value, if you change your mind after we have given you access to the digital products and services purchased by you.
2. It is the Customer's obligation and responsibility to verify the compatibility information and instructions available on the Site and to ensure, prior to purchase, that the digital products he intends to purchase are compatible with the devices he intends to use.
3. The digital products offered to the Customer cannot be withdrawn once they have been sent (activated), and, insofar as they are functional under the conditions and for the devices specified on the site, it will be considered as SmileSIM has fulfilled its obligations to the Client.
4. If the Customer purchases a digital product/service that is not compatible with the device and / or this incompatibility is publicly specified on the site, it will not be possible to reimburse the value of the products/services.

12. Billing

1. SmileSIM will periodically issue proforma invoices on the basis of which you will have to pay the value of the Service provided, in accordance with the applicable orders and the Master Subscription Agreement.
2. In case of non-payment, SmileSIM may suspend the provision of the Service and take other necessary measures, in accordance with the provisions of the Master Subscription Agreement.
3. The price for each service can be obtained by completing the offer request form available on the smilesim.com website.
4. SmileSIM reserves the right to change its service rates.
5. Rate changes do not apply retroactively.

13. Unlimited SMS Service

1. To benefit from the unlimited SMS sending service, SmileSIM provides the Client with the SMS Gateway application, a separate application from the main SmileSIM application.
2. For proper functionality, the SMS Gateway application requires an Android phone with mobile internet or Wi-Fi connection.
3. The Client is responsible for ensuring the availability and proper functioning of an Android phone to run the SMS Gateway application.
4. Without meeting these technical requirements, SmileSIM cannot guarantee the optimal functionality of the unlimited SMS service.

14. Short Code SMS Service Managed by an External Operator

1. The Client can also choose to send SMS messages through a short code, such as 1752, managed by an external operator.
2. Messages are sent through the external operator without additional technical requirements from the Client.
3. The short code SMS service is not included in the base subscription cost and involves an additional fee, which will be communicated to the Client prior to activating this option.
4. The maximum size of a standard SMS message is 160 characters. If the message exceeds 160 characters or has special characters (diacritics, emoji), then the maximum size is reduced to 153 characters or 63 characters / message as follows: (a) If the message has no special characters and is less than or equal to 160 characters, it is considered as 1 message; (b) If the message exceeds 160 characters, it becomes a multi-message consisting of messages whose maximum size is 153 characters; (c) If the message has special characters and is less than or equal to 70 characters, it is considered as 1 message. (d) If the message has special characters, it becomes a multiple message consisting of messages whose maximum size is 63 characters. (e) Multiple messages are delivered to the recipient’s phone as a single message.

15. Modifications

1. SmileSIM may modify these Terms at any time by posting a revised version on the Site. By accessing the Site, you agree to the latest version of these Terms.

16. Miscellaneous

1. These Terms constitute the complete and exclusive statement of the agreement between the Parties and supersede all proposals, oral or written, and all other communications between the Parties relating to the subject matter of these Terms. In the event any information posted on the Site from time to time conflicts with any provision of these Terms, the applicable provision of these Terms shall control. Any terms and conditions of any other instrument issued by you in connection with these Terms which are in addition to, inconsistent with or different from these Terms shall be of no force or effect. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and SmileSIM. You may not assign, transfer or sublicense all or any of your rights or obligations under these Terms without SmileSIM's express prior written consent. SmileSIM may assign, transfer or sublicense all or any of SmileSIM's rights or obligations under these Terms without restriction. The failure of SmileSIM to exercise or enforce any condition, term or provision of these Terms will not operate as a waiver of such condition, term or provision. Any waiver by SmileSIM of any condition, term or provision of these Terms shall not be construed as a waiver of any other condition, term or provision. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall continue in full force and effect. You agree that a printed version of these Terms and of any notice given in electronic form shall 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. SmileSIM will not be responsible for failures to fulfill any obligations due to causes beyond its control. Non-English translations of these Terms are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.

17. Contact

1. Please contact SmileSIM at contact@smilesim.com with any questions regarding these Terms.

18. Identity

1. Company: SMILESIM S.R.L.
   Unique Registration Code: 44298236
   Reg com: J40/8803/19.05.2021
   Headquarter: Romania, Bucuresti Sector 1, Strada Tudor Vianu, Nr. 3