Terms & Conditions | SaaS eSIM PLATFORM

ART. 1 – PURPOSE OF THE CONTRACT

1.1 – These Terms and Conditions specify the terms and conditions relating to the Customer's use of the services such as the access to SaaS (Software as a Service) platform to the Customer by BNESIM Limited, with registered office at Unit C, 8/F, King Palace Plaza, NO:55 King Yip Street, Kwun Tong, Kowloon, Hong Kong, hereinafter called "BNESIM," for the use SaaS platform on data connectivity through eSIM technology, hereinafter referred to as "BNESIM SaaS eSIM Platform" or "Services". The Customer understands and accepts that the terms and conditions of this contract are between the Customer and BNESIM.

1.2 – The Customer understands and accepts that the BNESIM SaaS eSIM Platform is provided by BNESIM via website https://www.kasperskyesimstore.com/ and applications on the App Store and Google Play, which are owned by BNESIM and branded as Kaspersky eSim Store. BNESIM's right to use the brand name was granted by Kaspersky Swiss and its affiliates ("Partner").

ART. 2 – DURATION OF THE CONTRACT AND WITHDRAWAL RIGHT

2.1 – The present contract begins from the activation date of at least one access to BNESIM SaaS eSIM Platform (one data eSIM service) purchased through the Kaspersky eSIM Store.

2.2 – For Lifetime Services, the duration of the contract corresponds to the period during which the data remains valid, until it is depleted. The contract will not automatically renew after the data is depleted.

2.3 – For 30-day package Services, the duration of the contract corresponds to the 30-day period from the activation of the service or until the data is depleted, whichever comes first. The contract will automatically renew for successive 30-day periods only if the customer has opted in to the auto-renewal feature prior to the end of the current term. If the customer does not opt in, the service will not renew after the 30-day period, and the customer must manually renew the service if desired.

2.4 – For paid Services, BNESIM may, at its discretion, withdraw in advance from the contract and/or from all services at any time, with an advance warning of at least 7 days. In such cases, BNESIM will reimburse the customer for any fees paid in advance for periods that have not yet elapsed, along with any unused credit. No further compensation will be due to the customer from BNESIM. The advance notice requirement will not apply in cases of withdrawal for just cause, including, but not limited to, abnormal or excessive traffic at BNESIM's discretion, or in the event of suspected fraud.

2.5 – For paid Services, the customer can withdraw from the contract and/or from all services at any time by providing BNESIM with an advance notice of 7 days. The customer will be required to pay BNESIM for the services already used up to the withdrawal date.

ART. 3 – ACCESS REQUIREMENTS

3.1 – In order to use all BNESIM services, the Customer must have access to an Internet connection.

3.2 – In order to use Services, the Customer must have a compatible device that supports eSIM technology.

3.3 – BNESIM reserves the right to request that customers complete certain verification procedures in cases of suspected fraud. These procedures may be required during the use of Services.

3.4 – In order to use pay-as-you-go Services, the Customer must make a payment in advance through a debit or credit card. The data usage will then be deducted from the balance available for the specified service.

3.5 – After receiving payment and fulfilling the access requirements referred to in this Section, activation usually occurs within a few minutes, with a maximum of 3 working days. For each day of delay, BNESIM will compensate the customer, who may request a refund, except in cases of accident or force majeure. The compensation request must be received within 14 days of the incident by email to BNESIM: kasperksyesimstore@bnesim.com. The disservice will be assessed within 45 days of receiving the request. Compensation will be provided as a refund to the original payment method used for the purchase.

ART. 4 – ACCESS CREDENTIALS

4.1 – To access the Services, the Customer must have an account on the Partner website https://my.kaspersky.com and use it each time the Customer uses the Service.

4.2 – The Customer is required to keep their credentials secure and shall be directly and exclusively responsible for any damage caused by improper use of these credentials, whether to BNESIM or third parties.

ART. 5 – ASSISTANCE

5.1 – Requests for assistance regarding Services are available via live chat and email.

5.2 – BNESIM does not provide assistance on any software or third-party applications used by the Customer that were not provided by BNESIM itself.

ART. 6 – WITHDRAWAL RIGHT

6.1 – The Customer, who qualifies as a consumer in accordance with applicable legislation, has the right to withdraw from the agreement within 14 days from the acceptance of this agreement. The Customer must/can exercise this right by sending a withdrawal request. The notification must be sent via email to BNESIM: kasperksyesimstore@bnesim.com. The Customer should provide a telephone number and, if applicable, details of a current bank account for refund purposes.

6.2 – The Customer expressly requests and BNESIM agrees that the provision of Services will begin during the withdrawal period. In the event that the Customer exercises the withdrawal right, BNESIM reserves the right to charge the Customer for the portion of the service provided up to the point the Customer informs BNESIM of their intention to withdraw.

ART. 7 – PRICES AND MEANS OF PAYMENT

7.1 – The prices for Services are displayed on the website https://www.kasperskyesimstore.com/ and within the Kaspersky eSIM Store apps on the App Store and Google Play.

7.2 – Activation of Services will take place after BNESIM has received the payment for the relevant service, including any required activation fees.

7.3 – Services requiring a fee can be renewed for the subsequent period prior to the service's expiry date.

7.4 – Payments can be made according to the terms and conditions specified on the website via debit or credit card online.

7.5 – An invoice will be issued once the payment has been processed. The invoice will be available on the customer account and can be accessed within the account area.

ART. 8 – OBLIGATIONS FOR THE CUSTOMER TO USE THE SERVICES CORRECTLY

8.1 – The Customer agrees not to use the services for unlawful purposes or to cause harm, damage, inconvenience, etc., to third parties. In such cases, BNESIM may, at its discretion, immediately suspend or terminate the services, with no compensation due to the Customer. BNESIM reserves the right to take legal action to recover damages.

8.2 – The Customer is expressly prohibited from using Kaspersky eSIM Store services or systems to carry out arbitrage activities, or to develop telecommunications traffic to obtain advantages, bonuses, credits, cash, or any similar benefits through making or receiving communications of any type. This includes, but is not limited to, using services in ways that involve fraudulent activities or manipulating the service for any undue financial advantage. In such cases, BNESIM may immediately suspend the services and charge the Customer for any additional costs incurred due to the unauthorized activities. Legal action may also be taken to recover damages.

8.3 – The Customer is prohibited from reselling the services supplied by BNESIM to any third parties under any form.

8.4 – The services are provided solely for the Customer's use, who remains exclusively responsible for ensuring that any third parties using the services comply with the terms of this agreement. The Customer is required to inform any users of the services that BNESIM can verify detailed usage, including any numbers called or received.

8.5 – If BNESIM detects abnormal usage or activates fraud prevention measures due to suspected fraud, unlawful activity, or breach of contract, BNESIM reserves the right to suspend the services and/or access to the Kaspersky eSIM Store website. Services may be reactivated after verification confirms no issues. BNESIM also retains the right to take legal action to recover damages.

8.6 – In the event that Kaspersky eSIM Store detects a use of the service not in compliance with applicable regulations, it may suspend the service based on suspicion or confirmed abuse, revoke access to the Services, and terminate the contract with no compensation due to the Customer.

ART. 9 – LIMITATION OF LIABILITY AND INDEMNIFICATION

9.1 – BNESIM and Partner shall not be held liable, except in cases of willful misconduct or gross negligence, for any damages arising from poor service, failure to deliver or receive data services, malfunction, poor quality, or disruption of services related to the Kaspersky eSIM Store, including delays, errors, or technical issues in the provision of the Services or/and any related services.

9.2 – BNESIM and Partner shall not be responsible for poor service due to errors in switching on the public telecommunications network, resulting in the delivery of Services to an incorrect or invalid destination.

9.3 – BNESIM and Partner shall not be responsible for any damages caused to the Customer or third parties due to the loss, delay, or failure in the delivery of messages (e.g., data or emails) once they have been transmitted to the applicable delivery servers or communication networks outside BNESIM's control.

9.4 – BNESIM and Partner shall not be held responsible for any damages resulting from the inability to reach or failure in communication with the Customer's email servers or other third-party systems, which may cause delays or failures in message delivery.

9.5 – BNESIM and Partner shall not be responsible for any issues related to the malfunctioning of services connected to the Platform and/or eSim-technology, including but not limited to incorrect or incompatible configurations, issues with Customer's devices, or problems caused by networks outside BNESIM's control.

9.6 – BNESIM and Partner is not liable for the content of any messages sent or received through its services, including Services, or the calls made by Customers. The Customer agrees to indemnify and hold harmless BNESIM and its partners from any claims or legal actions resulting from the content of such messages or calls.

9.7 – BNESIM and Partner shall not be held liable for any improper use of Services by the Customer. The Customer agrees to indemnify BNESIM from any claims, fines, or compensation requests arising from regulatory authorities or third parties regarding the misuse of Services.

ART. 10 – CONFIDENTIALITY OF THE MESSAGES IN TRANSIT AND PROTECTION OF PERSONAL DATA

10.1 – BNESIM commits to not accessing or intercepting the content of any messages, data transmissions, or calls made through its Services, and to not sharing such content with third parties, except as required by law upon request from Judicial Authorities or law enforcement. BNESIM also adheres to all applicable laws regarding data traffic management.

10.2 – All personal data collected will be processed for the purpose of providing Services, including messaging and telecommunications functionalities, conducting statistical research, and sending promotional content to the Customer regarding products or services similar to those purchased. The Customer's company name may be used as a reference during commercial negotiations. With the Customer's consent (given via opt-in at the time of registration), BNESIM may send commercial communications via SMS, email, or other methods. The Customer may request to revoke this consent at any time by contacting BNESIM's customer service, subject to applicable legal and regulatory requirements.

10.3 – The Customer appoints BNESIM as the data controller for the processing of identification data related to Services. This data will be stored for the period requested by the Customer. BNESIM will ensure that appropriate organizational and security measures are in place to protect this data.

ART. 11 – DELIVERY POLICY

11.1 – Processing Time

All Services' orders will be processed within 1-2 minutes following the successful payment.

11.2 – Order Confirmation & Activation

You will receive an email confirmation once your Services' order has been processed, including activation instructions and necessary details for setting up your connection to eSIM technology.

11.3 – Issues with Activation or Service

BNESIM is not liable for any issues with the activation or functionality of Services due to customer errors or technical issues unrelated to our service. For any issues, please contact our customer service.

ART. 12 – WARRANTY

12.1 Digital Products Warranty. BNESIM will provide any transferable warranties or indemnities from the manufacturers or third-party vendors/service providers for the Services, if applicable. BNESIM's liability is strictly limited to the express terms of such warranties, and beyond that, BNESIM will not be held responsible for any claims.

BNESIM's exclusive obligation regarding a non-conforming Service shall be, at its discretion, to:

Re-perform the service if it is found to be defective. Refund the amount paid by the Customer for the defective service.

BNESIM's total liability for any claims related to services shall not exceed the sum of the payments made by the Customer for the Services in question. This will be the Customer's sole and exclusive remedy for any claims related to the warranty.

No warranty applies if the issue arises from misuse, incorrect configuration, or failure to adhere to the instructions provided by BNESIM.

ART. 13 – CONTRACTUAL AMENDMENTS

13.1 – BNESIM can make any amendments to the present contract by notifying the Customer at least 30 days prior to said amendments coming into force. If the Customer does not accept the pre-announced amendments, he/she has the right to withdraw from the contract without anything being due to BNESIM.