1.1 These are the terms and conditions for the provision of Orbister App services ("Services") provided by Itoorer (we, us, and our) to you, the end user (you and your). Your purchase and use of these Services are subject to these terms and conditions ("Agreement").
1.2 A copy of these terms and conditions should be retained for future reference, and it is your responsibility to periodically check orbister.app to ensure you are familiar with any changes or updates to these terms and conditions.
1.3 If you do not wish to be bound by these terms and conditions, then you should not purchase or use the Services.
2. Terms of service
2.1.1 We will provide you with an interactive tourist guide for selected cities, including entertainment and dining suggestions, limited data Internet service, domestic and international VoIP telephony based on the network capabilities in the country where you are using the Services, and flight and airport status information ("Orbister App"). Our Orbister app uses eSIM technology.
2.1.2 The data volume available for the operation of the Services will be clarified during the purchase or top up process. The Services will be available to you for the specified period and in the countries and territories described at the time of purchase. When this period expires, any remaining Services will be lost, and no refund will be paid for unused Services. Our Services under this Agreement are provided on a pre-purchase basis.
2.2.1 You can register and purchase the Service through our Orbister Portal Website ("Portal") or in our Orbister App ("App").
2.2.2 You must provide your first and last name and a verifiable email address to register.
2.2.3 You must accept the General Terms and Conditions and Privacy Policies to register for the Service.
2.3 Purchase and Activation
2.3.1 When purchasing the Service, you acknowledge that you have a compatible unlocked eSIM device, which is a prerequisite for the Service.
2.3.2 To implement the Service, you must first download the Orbister App, scan the QR Code sent to your email after purchase, and follow the installation procedures also sent in the email.
2.3.3 After installation, the Service will start after the first successful data connection to any of the networks listed in the data plan you purchased ("Activation").
2.4 Duration and Termination
2.4.1 The Service will start after the first successful data connection to any of the networks listed in the data plan you purchased.
2.4.2 The duration of the Service will be according to the terms of the purchased plan, and you must start using the Services within a maximum of 3 (three) months after purchase.
2.4.3 The Service will be terminated with the total consumption of the plan or expiration of the plan duration, whichever occurs first.
2.4.4 We reserve the right to terminate this Agreement and cease the provision of Services if you materially violate any of the terms and conditions of this Agreement. We will not be obliged to refund any amount for your unused rental period related to the Services at the time of termination.
2.5.1 The Services are provided "as is" and "as available." We do not guarantee or warrant a fault-free Service and provide no guarantees regarding network coverage, quality, or availability. We will take all reasonable steps to always make the Service available to you, depending on the capacity of our service provider and/or our service provider to maintain network capacity and connection availability.
2.5.2 In case of a failure, upon becoming aware of the failure or after receiving notification of such failure from you, we will make reasonable efforts to promptly correct the failure.
2.6 Data Connectivity
2.6.1 Orbister App Data Connectivity Services are provided by our data service provider. Your use of the Service while connected is therefore subject to the Policies available in these Terms and Conditions.
2.7.1 From time to time, we may be required to update, modify, or maintain the Service. On such occasions, the Service may be temporarily unavailable; however, we will strive to minimize this interruption.
2.7.2 We reserve the right to suspend or not provide the Service without notifying you when:
a) We have reason to believe that you are violating the usage conditions (clause 4 below).
b) Pending the result of an investigation after receiving a complaint against you.
c) You do not provide us with necessary information as required to satisfy a regulatory requirement (such as knowing your customer identification verification) in any jurisdiction you wish to travel to and use the Service.
d) We have reasonable grounds to suspect that you have gained access to the Services fraudulently or illegally.
e) We are required to comply with an order, instruction, or request from any government, regulatory, or emergency services organization, or other competent administrative authority.
f) To prevent damage or degradation of the integrity of our or our contracting party's network that may be caused by you or anyone using your access.
g) For operational reasons or emergency or for safety reasons.
2.8.1 We may monitor the Service and disclose information obtained from such monitoring to satisfy any law, regulation, or other governmental request, to operate and administer the Service, or to protect ourselves or our other customers.
3. Your Obligations
3.1 You agree to use the Service in accordance with this Agreement and are responsible for all use of the Service. Refer to the Terms and Conditions at esimapp.itoorer.com and our connectivity provider for our current Acceptable Use Policy and Fair Use Policy.
3.2 You are responsible for configuring your device so that it can make proper use of the Services in compliance with any regulations and instructions issued by us or the device provider.
3.3 You must:
a) Not use the Services for any fraudulent or illegal purposes, nor use the Services to send any communication that is abusive, obscene, harassing, or threatening;
b) Not use the Service to commit or facilitate the commission of a crime or other unlawful act;
c) Not act in any way that may affect or harm the operation of any network used or operated by us;
d) Not send or upload anything that infringes on the intellectual property rights of a third party (unless you have permission);
e) Use the Service only for your personal use and must not sell, resell, lease, sublease, or otherwise commercially trade with the Services;
f) Use the Service only for the purposes and in the manner expressly permitted by this Agreement;
g) Use the Services only in accordance with all applicable laws and regulations of your country of origin, the country in which you reside, or the country in which you are present while using the Service;
h) Provide us with any proof of identity that we may reasonably request.
3.4 You must comply with all reasonable security procedures and standards regarding the Service. We may communicate security issues to you from time to time when abuse or misuse is observed or reported by others, along with general information related to the provision of the Service by us through any means.
Lost or Stolen Device
3.5 You must inform us immediately if the device on which the Services are activated is lost or stolen, and you will remain responsible for the use of the Services on the device until you do so. If your device is lost or stolen, contact us via the Application or call our Help Desk at +1 786 789 0249 (USA) or +44 118 4091018 (Other Countries) during 10:00 to 19:00 (GMT+1) on business days and 15:00 to 19:00 on Sundays. We will take all reasonable steps to cease the provision of Services on any stolen or lost device within 72 hours of notification and subject to account verification.
3.6 You are solely responsible for all content, information, and communications transmitted using the Service and agree that we have no responsibility for the deletion, corruption, or failure to store any content transmitted using the Service.
4. Payment Conditions and Refund Policy
4.1 You can register and purchase the Service through our Portal or App.
4.2 This Service operates on a pre-purchase basis. You are required to pay for the Services before they are made available to you.
4.3 The fee to be paid for the purchase of the Services includes value-added tax and any other taxes, fees, or similar sales charges imposed by any authority, government, or governmental agency.
4.4 Within 30 days of your purchase, you have the right to opt for a full or partial refund if the Service fails due to issues with the Orbister App or the connectivity provider. To facilitate issue identification, you must provide details and screenshots. If the connection issue remains unresolved, Orbister will refund the charges. If the eSIM has never established an internet connection, a full refund may be processed (with a small deduction for administrative fees). For cases where the eSIM has ceased to function or had only temporary functionality, a partial refund will be provided, accounting for the time without internet access and deducting the days with connectivity. In both scenarios, Orbister App retains the right to deduct a nominal administrative fee from the refunded amount. The response time for our refund decision is 5 business days. Once you receive our response, the refund will be processed within 15 to 30 business days, depending on your bank, and will be credited to the same account used for payment.
4.5 Any complaints or feedback regarding the Service can be sent to us through our website chatbot or to the support team via a composed message to the mobile app Help Center.
4.6 Once you have fully utilized the purchased data, you will no longer be able to use the Services unless and until you make a new purchase of the Services.
5.1 This clause establishes all financial liability from us to you (including any liability for the acts or omissions of our employees, agents, consultants, and subcontractors) regarding:
a) The provision of the Services;
b) Any breach of the Agreement;
c) Any use made by you of the Services;
d) Any representation, statement, or unlawful act or omission (including negligence) arising out of or in connection with the Agreement.
5.2 All warranties, conditions, and other terms implied by statute or common law are, to the maximum extent permitted by law, excluded from the Agreement.
5.3 Subject to this, in no event shall we be liable to you for any indirect or consequential losses incurred by you, or for any loss of profit, revenue, contracts, data, or similar losses.
5.4 Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise, arising out of or in connection with the performance or contemplated performance of this Agreement, including the provision of the Services, shall be strictly limited to the aggregate value of the payments you have made to us during the rental period of the Services.
5.5 We shall not be liable for any failure or delay in the performance of any of our obligations or the provision of the Services (i) when such delay or failure of performance is due to any of your acts or omissions, when you have provided incorrect data or information; or (ii) network failure, network interruption, network congestion, power failures; or (iii) that is caused by events beyond our reasonable control, including but not limited to strikes, lockouts, or other industrial disputes (involving our workforce or any other party), act of God, war, terrorist activity, malicious damage, compliance with any law or governmental order, or default of suppliers or subcontractors.
5.6 We shall have no liability to you for any costs, charges, or penalties incurred by you for failing to comply with and satisfy any regulatory requirement of a country before using the Services in that country.
5.7 You acknowledge that, in the event of any third-party claim that any sublicensed app from a Licensed App Provider in your possession when used as part of the Services infringes the intellectual property rights of third parties, we shall be responsible for investigating, defending, settling, and discharging any claim of intellectual property infringement, provided that you have notified us promptly upon your receipt of such infringement notice if you have been notified that you are infringing the intellectual property of third parties by using the Service.
5.8 You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If it is determined that you are in breach of this warranty, we have the right to immediately terminate the Services, and no amount will be paid to you in relation to any unused Services.
5.9 You are aware that the information published by the Flight Status feature in these Services is provided without any warranty of any kind; we and our third-party provider accept no responsibility or liability, direct or indirect, for the currency, accuracy, or quality of the information, nor for any consequence of its use. We and our third-party provider shall not be liable for any direct, indirect, or consequential damages resulting from the use, inability to use, or sharing of information derived from the third-party provider, particularly for but not limited to errors or omissions in the content of this Service or the consequences of its use, nor for inaccurate transmission or deviation from the intended direction, even if we have been advised of the possibility of such damages. This limitation applies whether the alleged liability is based on contract, tort, or any other basis. Our and our third-party provider's liability for interruptions in the availability of the Service caused by circumstances under their control shall not exceed the amount paid by the user for access to the Service in relation to the period of unavailability. Our sole obligation, in relation to interruptions caused by circumstances beyond their control, shall be to make all reasonable efforts to restore the Service.
5.10Your Responsibility: You will be responsible for any damages of any kind caused to us, our networks or systems, or any third parties by your use or misuse of the Services, or by any other persons who are or on any device, even in case of loss or theft, and you will be responsible for compensating us for any damage you or they cause, including minor faults.
6. Changes to these Terms and Conditions and the Services
6.1 We reserve the right to change the terms and conditions of this Agreement from time to time and make changes to the Service or any promotion or charges related to the Services at any time.
6.2 We will provide you with notice of such changes, and you agree that a proper posting on the Website is an acceptable notice.
7. Applicable Law and Legal Compliance
7.1 This Agreement shall be governed by Irish law and subject to the jurisdiction of the Irish courts.
7.2 Despite the applicable law provided above, you may be subject to various rules, regulations, and laws that may also apply to you in the country where you use the Services, especially when you choose your country of origin to be a country other than Ireland.
8. Intellectual Property Rights
8.1 All technology, intellectual property, and documentation related to the Services will remain our property. By acquiring the Services, we grant you a revocable, conditional, non-exclusive, non-transferable, and non-sublicensable license to use the Services.
9.2 By registering for the Services, you consent to us transferring your personal data to countries that do not provide the same level of data protection as the European Union if we deem it necessary for the provision of the Services.
10. General Provisions
10.1 All licenses not expressly granted in this contract are reserved, and no other license, immunity, or rights, expressed or implied, are granted by us, by implication, estoppel, or otherwise. This contract does not grant you any right to use any trademarks, logos, or service marks belonging to us.
10.2 All notifications sent by you to us must be made in writing to the addresses established in these terms and conditions.
10.3 Failure to enforce any of our rights under these terms and conditions does not result in a waiver of that right.
10.4 We reserve the right to assign rights and duties contained in these terms and conditions to third parties.
10.5 You acknowledge and agree that any Licensed Third-Party App Provider is a third-party beneficiary of this Agreement and that, upon your acceptance of the terms and conditions of this Agreement, such Licensed Third-Party App Providers will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
10.6 If any provision of these terms and conditions is deemed unenforceable, all other conditions remain unaffected.
10.7 These terms and conditions and any documents expressly mentioned in them or provided to you at the time of contracting or acceptance of the Services represent the entire agreement between us and you regarding the subject matter of any contract entered into for the Services. We are obligated to inform you that contracts can only be entered into in English, and there are no public filing requirements.
10.8 Itoorer IE Limited incorporated in Ireland with company number 626569 and registered address at Ormond Building, 31-36 Ormond Quay Upper, Dublin 7, D07 N5YH, Ireland.
10.9 By purchasing and using the Services, you acknowledge that you have read these terms and conditions, understood them, and agree to be bound by them.