1.1 These are the terms and conditions for the supply of the Orbister App Services (“Services”) provided by Gott (we, us and our) to you the end user (you and your). Your purchase and use of these Services is 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 www.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 Services
2.1.1 We shall provide you with interactive tourist guide to select cities, with entertainment and dining suggestions, limited data Internet service, domestic & international VoIP telephony based on the capabilities of the network in the country in which you are using the Services and flight & airport status information (“Orbister App”). Our Orbister App uses the eSIM technology.
2.1.2 The volume of data available for the operation of the Services will be made clear to you during the process of purchasing or topping up the Services. The Services will be available to you for the period specified and, in the countries, and territories described at the time of purchase. When that period expires, any remaining Services will be lost, and no refund will be payable for those unused Services. Our Services under this Agreement are provided on a pre-purchase basis only.
2.2 Registration
2.2.1 you may register and purchase the Services through our Orbister Portal Website (“Portal”) or on our Orbister App (“App”).
2.2.2 You must provide your First and Last name and verifiable email address to register.
2.2.3 You must accept the General Terms and Conditions and the Privacy Policies to register for the Service.
2.3 Purchase and Activation
2.3.1 By purchasing the Service, you acknowledge that you have an unlocked, eSIM-compatible device, which is a prerequisite for the Service.
2.3.2 To implement the Service, you must first download the App, read the QR Code sent to your e-mail after the purchase and follow the installation procedures also sent in the e-mail.
2.3.3 Upon installation, the Service will be initiated upon the first successful data connection to any of the countries networks listed under the data plan you purchased (“Activation”).
2.4 Duration and Termination
2.4.1 The Service will be initiated upon the first successful data connection to any of the countries networks listed under the data plan you purchased.
2.4.2 The duration of the Service will be as per the terms of the plan purchased and you must start using the Services no more than 3 (three) months after purchase.
2.4.3 The Service will terminate either on full consumption of plan or expiry of duration of the plan, whichever is earlier.
2.4.4 We reserve the right to terminate this Agreement and cease supplying the Services if you materially breach any of this Agreement’s terms and conditions. We shall not be required to refund you any amount for your unused rental period relating to the Services at the time of termination.
2.5 Availability
2.5.1 The Services are provided on an “as is” and “as available” basis. We do not warrant or guarantee a fault free Service and give no warranties or guarantees as to network coverage, quality, or availability. We shall take all reasonable steps to always make the Service available to you, contingent upon our and/or our service provider’s ability to maintain network capacity and connection availability.
2.5.2 In the event of a fault, upon becoming aware of the fault or upon receipt of notice of the existence of such a fault by you, we shall use reasonable efforts to promptly correct the fault.
2.5.3 We reserve the right to choose our network operators and technology partners as we deem appropriate and to provide access to the Service in any manner, we deem in the best interest of our business requirements. In this regard you hereby consent to us disclosing and using any of your personal data for the provision of the Service. Any such use of your personal data will be subject to the terms of our Privacy Policy which can be found at www.orbister.app.
2.6 Data Connectivity
2.6.1 Orbister App Data Connectivity Services is provided by our data service provider. Your use of the Service whilst Connectivity is therefore subject to Policies available within this Terms and Conditions.
2.7 Suspension
2.7.1 From time to time we may be required to upgrade, modify or maintain the Service. On such occasions the Service may be temporarily unavailable, however, we will endeavour to keep such disruption to a minimum.
2.7.2 We reserve the right to suspend or not to provide the Service without giving you notice where:
a) we have reason to believe you are in breach of the conditions of usage (clause 4 below).
b) pending the outcome of an investigation following receipt of a complaint made against you.
c) you fail to provide us with the necessary information as required for satisfying a regulatory requirement (such as know your customer identification verification) in any jurisdiction you wish to travel to and use the Service.
d) we have reasonable cause to suspect that you have obtained access to the Services fraudulently or unlawfully.
e) we are obliged to comply with an order, instruction or request of any government, regulatory, or emergency services organisation, or other competent administrative authority.
f) in order to prevent damage or degradation of our or our contracting party's network integrity which may be caused by you or anyone using your access.
g) for operational reasons or in an emergency or for security reasons.
2.8 Monitoring
2.8.1 We may monitor the Service and disclose information gained from such monitoring in order to satisfy any law, regulation or other governmental request, to operate and administer the Service, or to protect us or our other customers.
3. Your Obligations
Use
3.1 You agree that you shall use the Service in compliance with this Agreement and that you are responsible for all use of the Service. Please refer to www.orbister.app and our connectivity provider’s Terms and Conditions for our current Acceptable Use Policy and Fair Use Policy.
3.2 You shall be responsible for configuration of your device so that it may properly make use of the Services in compliance with any regulations and applicable instructions issued either by us or the supplier of the device.
3.3 You must:
a) not use the Services for any fraudulent or unlawful purposes nor use the Services to send any communication which is of an abusive, obscene, harassing or menacing nature;
b) not use the Service to commit or facilitate the commission of a crime, or other unlawful act;
c) not act in any way, which may affect or impair the operation of any network used or operated by us;
d) not send or upload anything that infringes 3rd party intellectual property rights (unless you have permission);
e) only use the Service for your own personal use and must not sell, resell, lease, sub-lease or otherwise deal commercially with the Services;
f) only use the Service for the purposes and in the manner expressly permitted by this Agreement;
g) only use the Services in accordance with all applicable laws and regulations of your home nation, the country in which you reside, or the country in which you are present whilst using the Service;
h) provide us with whatever proof of identity we may reasonably request.
3.4 You must comply with all reasonable security procedures and standards with respect to 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 by us of the Service by 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 usage of the Services on the device until you do so. If your device is lost or stolen please message us through the App or call us to our Help Desk on +1 786 789 0249 (US) or +44 118 4091018 (Other Countries during from 10:00 to 19:00 (GMT+1) in working days and from 15:00 to 19:00 on Sundays. We will take all reasonable action to cancel the provision of the Services on any stolen or lost device within 72 hours of notification and subject to verification of account.
Content
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 Terms and Refund Policy
4.1 You may register and purchase the Services through our Portal or App.
4.2 This Service operates on a pre-purchase basis. You are required to pay for the Services before we make them available to you.
4.3 The charge to be paid for the purchase of the Services are inclusive of value-added tax and any other similar sales taxes, duties or levies imposed by any authority, government, or governmental agency.
4.4 Within 30 days from your purchase, you are entitled to opt for a complete or partial refund if the Service fails due to issues with Orbister or the connection provider. To facilitate issue identification, it's necessary to furnish details and screenshots. If the connection problem remains unsolvable, Orbister will refund the charges. If the eSIM has never established an internet connection, a full refund (with a small administrative fee deduction) can be arranged. For instances where the eSIM ceased functioning or had only temporary functionality, a partial refund will be provided, accounting for the duration without internet access and deducting days with connectivity. In both scenarios, Orbister maintains the right to deduct a nominal administrative fee from the refunded amount. The period for our refund response is 5 business days. Once you receive our response, the refund will be processed within 15 to 30 business days, dependent on your bank, and will be credited to the same account used for payment.
4.5 Any complaints or feedback about the Service you can send us a message to our chatbot on our website, to the support team via a composed message to the Help Center of the mobile app.
4.6 Where you have fully utilised the data which you have purchased you will no longer be able to use the Services unless and until you make a further purchase of Services.
5. Liability
5.1 This clause sets out the entire financial liability of us to you (including any liability for the acts or omissions of our employees, agents, consultants and subcontractors) in respect of:
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 tortious act or omission (including negligence) arising under or in connection with the Agreement.
5.2 All warranties, conditions and other terms implied by statute or common law are to the fullest 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, goodwill or other similar losses.
5.4 Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising 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 which you have made to us during the rental period for the Services.
5.5 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations or provision of the Services (i) where such delay or performance failure is due to any of your acts or omissions, where you have provided incorrect data or information; or (ii) network failure, network outage, network congestion, power failures; or (iii) that is caused by events outside our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether 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, or charges or penalties incurred by you for failing to comply and satisfy any regulatory requirement of a country prior to using the Services in that country.
5.7 You acknowledge that in the event of any third party claim that any sub-licensed application of a Licensed Application Third Party Provider in your possession when used as part of the Services infringes a third party’s intellectual property rights, we will be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim provided you have notified us immediately on receipt by you of such an infringement notice if you have been notified that you are infringing a third party’s intellectual property 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 established that you are in breach of this warranty, then we shall have the right to immediately terminate the Services and no amount will be payable to you in respect of any unused Services.
5.9 You are aware that the information published by Flight Status feature on this Services is made available without warranty of any kind; we and our third party provider does not accept responsibility or liability whether direct or indirect, as to 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 that results from the use, inability to use or sharing information derived from third party provider in particular for, but not limited to, errors, or omissions in the contents of this Service or the consequences of its use, nor for inaccurate transmission or misdirection, even if we have been advised of the possibility of such damage. This limitation applies whether the alleged liability is based on contract, tort, or any other basis. Our liability and ours third party provider for interruptions to availability of the Service caused by circumstances within its control shall not exceed the amount paid by the Subscriber for access to the Service in respect of the period of non-availability. Our only obligation of in respect of interruptions caused by circumstances outside its control shall be to use all reasonable efforts to have the Service reinstated.
5.10Your liability: You shall be liable 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 whomsoever or on any device whatsoever, even in the event of loss or theft and you will be responsible to compensate 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 relating to the Services at any time.
6.2 We shall give you notice of any such changes and you agree that an appropriate publication on the Website is an acceptable notice.
7. Governing Law and Legal Compliance
7.1 This Agreement shall be governed by Portuguese law and shall be subject to the jurisdiction of the Portugal Courts.
7.2 Despite the governing law provided above, you may be subject to various rules, regulations and laws which may also apply to you in the country in which you use the Services, in particular where you choose your home country to be a country other than the Portugal.
7.3 Subject to the terms of our Privacy Policy we may be required to collect further personal information from you in order to satisfy our compliance with any legal or regulatory compliance requirement. If we request such information from you and indicate that this is for legal or regulatory compliance, then you agree that you shall provide us with the requested information and not provide us with false or misleading information.
8. Intellectual Property Rights
8.1 All technology, intellectual property and documentation relating to the Services shall remain our property. On purchasing the Services we grant you a revocable, conditional, non-exclusive, non-assignable, non-sub-licensable license to use the Services.
9. Privacy
9.1 We take our customers' privacy seriously. Please read our Privacy Policy for full details and which can be found at www.orbister.app. Whilst we respect the privacy of our customers, the Service may be subject to interception by law enforcement agencies and bodies. We may be compelled to disclose your personal details where we are required to do so by a valid order of an authorised governmental representative or court order.
9.2 By registering for the Services you consent to us transferring your personal data to countries which do not provide the same level of data protection as European Union if we deem it necessary for the provision of the Services.
10. Miscellaneous
10.1 All licenses not expressly granted in this agreement are reserved and no other licenses, immunity or rights, express or implied are granted by us, by implication, estoppel, or otherwise. This agreement does not grant you any rights to use any trademarks, logos or service marks belonging to us whatsoever.
10.2 All notices given by you to us must be in writing to the addresses set out 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 a third party.
10.5 You acknowledge and agree that any Licensed Application Third Party Provider are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, such Licensed Application Third Party Provider(s) 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 are found to be unenforceable, all other conditions shall remain unaffected.
10.7 These terms and conditions and any documents expressly referred to in them or provided to you at the time of taking out or accepting the Services, represent the entire agreement between us and you in relation to the subject matter of any contract entered into for the Services. We are required to advise you that contracts may be concluded in English only and that no public filing requirements apply.
10.8 Gott Soluções Tecnológicas, Unipessoal, Lda incorporated in Portugal with company number 513362061
and registed address of Avª da Boavista, 3521, sala S/306, 4100-139 Porto – Portugal.
10.9 By purchasing and using the Services you acknowledge that you have read these terms and conditions and understand them and agree to be bound by them.
