GDPR Compliance

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1. Legal Entity Information

The services provided through the website https://www.mySim.io (“Platform” or “Website”) are operated and managed by Trivecta Limited, a company duly incorporated under the laws of England and Wales, having its registered office at 71-75 Shelton Street, Covent Garden, London, United Kingdom WC2H 9JQ (hereinafter referred to as the “Company,” “we,” “our,” or “us”). These Terms shall be governed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts located in London, United Kingdom.

2. User Types and Account Structure

We classify our users under two distinct categories: “Retail Users” and “Enterprise Users.” A Retail User is an individual who signs up for personal or limited-use access to the Platform and is assigned a singular user account for their exclusive use. An Enterprise User is defined as an organization or entity that registers for business or commercial purposes and is entitled to a master account, under which it may create and manage multiple sub-user accounts for its employees, agents, or representatives. Each Enterprise User shall be solely responsible for all activities conducted under its Organization account and shall ensure compliance by all sub-users with these Terms.

3. Account Management, Restrictions, and Termination

Each individual or entity is permitted to register only one user account. The creation of duplicate or multiple accounts by a single user is strictly prohibited and constitutes a material breach of these Terms. If the Company becomes aware or suspects, in its sole discretion, that a user has created or is operating multiple accounts, all such accounts shall be terminated immediately and without notice. The Company reserves the right to withhold any credits, balances, promotional funds, or pending services associated with such accounts. No refund or credit of any kind shall be issued for terminated accounts due to violation of this provision. Users agree that the Company shall not be liable for any loss or inconvenience caused by such termination.

4. Payments, Wallets, Credits, and Refund & Cancellation Policy

Users may purchase credits or calling minutes via the Company’s approved payment gateways, including but not limited to Stripe, PayPal, and BTCPayServer. All transactions are processed through secure third-party payment systems whose terms and conditions apply independently. The Company disclaims any liability for payment gateway errors, delays, chargebacks, service disruptions, or refund processing related to the use of such third-party systems.

Unless explicitly stated otherwise in a promotional offer or recharge package, purchased credits or minutes shall not expire. However, no refunds shall be offered for unused, unutilized, or expired credits. Users are solely responsible for ensuring they purchase the correct package or denomination suitable for their needs.

Refund & Cancellation Policy:
The Company maintains a strict no-refund policy on purchased credits unless otherwise mandated by law or explicitly stated in a particular promotional offer. Should a user wish to discontinue using the Platform, they may do so at any time; however, no refunds will be issued for partially used or unused credits. If your account is terminated due to a violation of these Terms, any remaining credits or balances are forfeited.

Cancellation of Services:
If you have an active plan or subscription (see Section 4.1), you must follow the specified cancellation procedures. Any cancellation requests submitted less than 24 hours before your next billing cycle may result in a charge for the subsequent cycle, at the Company’s discretion.

4.1 Subscription Billing Terms

The Company may, at its discretion, offer subscription-based plans (e.g., monthly or annual packages) that include credits, minutes, or other services. By subscribing to such a plan, you agree to the following:

  • Auto-Renewal: Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date. Recurring charges will be billed to the payment method on file.
  • Cancellation Procedures: You may cancel your subscription at any time by accessing your account settings or contacting our customer support. Cancellations are effective at the end of the current billing period, and you will not receive a refund for any unused portion of your subscription period.
  • Failed Payments: If a payment method on file is declined or cannot be processed, the Company may suspend or terminate your subscription immediately. You remain responsible for any unpaid fees.
  • Pro-Rated Charges: The Company does not typically offer pro-rated refunds or credits for partial subscription months, unless otherwise stated in a specific promotion or required by law.
  • Rate Changes: The Company reserves the right to modify subscription prices. If we change your subscription fees, we will notify you in advance, and you will have the option to cancel before the new rates take effect.

5. Calling Behavior, Spam Detection, and Fair Usage

The Platform is strictly intended for lawful and responsible telecommunications. Users are expressly prohibited from engaging in any form of unsolicited calling, spam calling, autodialing, robocalls, scams, fraudulent communications, phishing, harassment, spoofing, misrepresentation, or politically motivated messaging or calling campaigns. The Company reserves the right to monitor traffic and usage behavior, including but not limited to destination patterns, call volumes, and frequency, to detect any activity that may constitute a breach of this section. Violations may result in immediate suspension or termination of service without notice.

The Company does not record calls unless explicitly enabled by the user, but may analyze call metadata for fraud detection and compliance purposes.

6. Third-Party Providers and Upstream Dependencies

To deliver our services reliably and at scale, the Platform integrates with multiple upstream providers, carriers, and telecommunication vendors (“Third-Party Providers”). While the identity of these providers shall remain confidential and may be subject to change without notice, the Company discloses that service delivery is facilitated through their infrastructure. The Company shall not be liable for any disruption, degradation, delay, or failure in service arising from outages, misconfigurations, or issues attributable to these upstream providers. Users agree that any recourse for such interruptions shall be directed solely to the extent permissible against the responsible Third-Party Provider, and the Company shall not be obligated to provide compensation, refund, or indemnity under such circumstances.

7. Call Recording, Ownership, and Consent

The Platform may offer optional call recording features to users for quality control, compliance, or internal documentation purposes. If enabled, the user hereby grants the Company the right to store the recorded audio files on its own servers or with third-party cloud storage providers affiliated with the Company. Users acknowledge that enabling call recording may have legal implications based on their jurisdiction and agree to ensure that appropriate consent is obtained from all call participants. The Company shall not be liable for any legal consequences arising from a user’s failure to obtain such consent. All recordings shall be considered proprietary content of the user, but the Company shall have the right to access such content for technical, legal, or compliance-related reasons, subject to applicable laws.

8. Limitation of Liability and Indemnification

To the maximum extent permitted by applicable law, the Company, its affiliates, directors, officers, employees, contractors, agents, licensors, and service providers shall not be held liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to the use of, or inability to use, the Platform. This includes but is not limited to loss of data, profit, reputation, or any other intangible losses, even if the Company has been advised of the possibility of such damages. Users agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with their access to or use of the Platform, violation of these Terms, or infringement of any third-party rights.

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of England and Wales. In the event of any dispute, claim, or controversy arising out of or relating to these Terms, including the breach, termination, enforcement, interpretation, or validity thereof, the parties shall first attempt to resolve such disputes amicably through the Company’s internal escalation and support matrix. If no resolution is achieved within thirty (30) days, the dispute shall be subject to the exclusive jurisdiction of the competent courts located in London, United Kingdom. Users waive any objection to such venue or jurisdiction and agree that any such disputes shall be brought solely in such courts.

10. Privacy and Data Protection (Including UK & GDPR Compliance)

The Company is committed to protecting user privacy. We comply with all relevant data protection legislation in the United Kingdom, including the Data Protection Act 2018 and the General Data Protection Regulation (GDPR), as applicable. We will publish a separate Privacy Policy outlining our data collection, processing, and retention practices, which form an integral part of these Terms.

Users are encouraged to review this policy carefully. By using our Platform, users consent to the collection and use of their data as outlined in our Privacy Policy and in accordance with applicable laws. The Company implements technical and organizational safeguards to protect user data from unauthorized access, disclosure, or misuse.

11. Intellectual Property, Proprietary Rights, and Trademarks

All content, trademarks, logos, service marks, software, databases, technologies, source code, algorithms, data models, documentation, designs, user interfaces, and any other intellectual property (collectively, “Proprietary Materials”) displayed, distributed, or otherwise made available through the Platform are the exclusive property of the Company or its licensors. You acknowledge that you do not acquire any ownership rights by using the Platform and agree not to reverse engineer, reproduce, distribute, or modify the Proprietary Materials without the prior written consent of the Company.

12. Reverse Engineering, Security Violations, and Hacking

Users shall not attempt or engage in any activity that involves reverse engineering, decompiling, or disassembling the Platform, its underlying software, or any components thereof. Any unauthorized attempts to compromise the security or integrity of the Platform, including hacking, introducing malware or viruses, or circumventing access controls, are strictly prohibited. The Company reserves the right to immediately suspend or terminate any user account found in violation of this provision, and may pursue appropriate legal remedies under civil and/or criminal law.

13. Legal Representation Disclaimer

The information provided through the Platform, including but not limited to any assistance via chat, helpdesk, documentation, FAQs, or support tickets, shall not be construed as legal advice, nor does it create any attorney-client relationship between you and the Company. Users are encouraged to consult with their own legal counsel for matters requiring legal expertise. The Company disclaims any liability resulting from the user’s reliance on information obtained from the Platform.

14. Accuracy of Information

The Company endeavors to maintain accurate, updated, and reliable information on the Platform. However, we do not warrant the completeness, accuracy, or reliability of any information, features, pricing, content, or data available on the Platform. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the content at any time without prior notice.

15. Third-Party Links

The Platform may contain hyperlinks or references to websites, services, or applications operated by third parties. These links are provided for your convenience only. The Company does not control such third-party content and is not responsible for its availability, accuracy, legality, or content. The inclusion of any third-party link shall not be construed as an endorsement or affiliation by the Company.

16. Inappropriate Material

Users are strictly prohibited from uploading, sharing, or transmitting any content that is obscene, vulgar, defamatory, pornographic, illegal, harmful to minors, or otherwise offensive, discriminatory, or inappropriate as determined solely by the Company. Any user found to be in violation of this clause may have their account suspended or terminated, and relevant legal authorities may be notified where required.

17. User Information

You agree to provide accurate, current, and complete information when registering or interacting with the Platform. You are solely responsible for maintaining the confidentiality and security of your login credentials and for all activity that occurs under your account. You agree to notify the Company immediately of any unauthorized access or use of your account.

18. Warranty Disclaimer

THE PLATFORM AND ALL SERVICES PROVIDED THEREIN ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

19. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, directors, officers, employees, agents, partners, licensors, and service providers from and against any and all losses, liabilities, claims, damages, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Platform, violation of these Terms, or infringement of any intellectual property or other rights of any third party.

20. Changes to Terms and Conditions

The Company reserves the right, at its sole discretion, to modify, revise, or update these Terms at any time. Such changes shall be effective immediately upon posting on the Platform unless stated otherwise. Your continued use of the Platform following the posting of revised Terms signifies your acceptance of the changes.

21. Termination

The Company may terminate or suspend your access to the Platform, without prior notice or liability, if you breach any provision of these Terms or for any reason deemed appropriate by the Company in its sole discretion. Upon termination, all rights granted to you herein shall immediately cease, and any outstanding fees or obligations shall remain due.

22. Fees and Payments

You agree to pay all applicable charges, fees, and taxes associated with your use of the Platform in accordance with the billing terms in effect at the time of payment. The Company reserves the right to change its pricing and fee structure at any time and will provide notice of such changes through the Platform or via email.

23. Applicable Laws; Jurisdiction

These Terms shall be interpreted and governed by the laws of England and Wales. Any disputes or claims arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts in London, United Kingdom.

24. Waiver

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

25. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices published by the Company, constitute the entire agreement between you and the Company concerning your use of the Platform and supersede all prior agreements, understandings, or representations, whether oral or written, regarding such subject matter.