TEXTR eSIM POLICY

Date of Latest Revision: October 27, 2022

The present Textr eSIM Policy (hereinafter referred to as the “Policy” or the “Textr eSIM Policy”) shall set forth the terms and conditions upon which users may purchase, and benefit from the Textr eSIM data plans offered by Textr, Inc. (the “Company”). The Textr eSIM data plans consist of prepaid data plans utilizing and operating via the eSIM technology.

For interpretation purposes, in this Policy, the Textr eSIM data plans offered by the Company shall be referred to as the “Textr eSIM Plans”, or “Textr eSIM”. The specific Textr eSIM data plan(s) purchased by and provided to a User shall be referred to as the “Textr eSIM Service” or the “eSIM Service”.

In this Policy, users of the Textr eSIM Plans shall be collectively referred to as “Users” and individually referred to as a “User”.

1. Application of the Terms and Conditions

The present Textr eSIM Policy must be read in conjunction with the Company’s Terms and Conditions (the “Terms and Conditions”), as applicable to the usage of the Company’s website, https://kb.textrapp.com/ and its corresponding web and mobile applications (collectively referred to as the “Platform”), and as published on the Company’s Platform for consultation and reference purposes.

 Such Terms and Conditions shall remain fully binding and applicable to the usage of the Textr eSIM Plans, unless otherwise stated herein. Any capitalized terms in the present Textr eSIM Policy that are not defined herein shall have the meanings attributed to them in the Terms and Conditions. In case of any discrepancy or contradiction between the present Textr eSIM Policy and the Terms and Conditions, the present Policy shall prevail as it is more specific with regard to the Textr eSIM Plans.

2. Textr eSIM Plans

The Textr eSIM Plans constitute prepaid data plans available to Users, without requiring a physical nano SIM. As such, the Textr eSIM Plans do not include the provision of a phone number for calling and texting purposes. Rather, to benefit from the eSIM Service, the User purchasing the Textr eSIM Service shall be responsible for ensuring its device is both (i) compatible with the eSIM technology and (ii) network-unlocked prior to completing the purchase.

Moreover, the Textr eSIM Service may only be connected to devices within authorized countries and regions, the list of which shall be published and available for review on the Platform. The Company may update this list at any time to reflect changes and updates to authorized countries and regions. Similarly, considering information rapidly changes and may become outdated, the Company does not guarantee that the list provided on the Platform shall be exhaustive and current.

3. Purchase and Payment of Textr eSIM Plans

Users may purchase Textr eSIM Plans directly from the Company on the Platform by following the instructions and submitting payment on the Platform. Alternatively, Users may also acquire Textr eSIM Plans from any of the Company’s authorized resellers or partners.

Prior to the purchase of the Textr eSIM Plans, the User shall be solely responsible, to the Company’s exclusion, for verifying the compatibility of its device with the Textr eSIM Plans. The User shall further be responsible for confirming that the device intended to host the Textr eSIM Service is compatible with Textr’s eSIM and network-unlocked. The User acknowledges that the compatibility of devices shall depend, in part, on the device’s carrier and country of location. For reference purposes, the Company published a list of devices compatible with the Textr eSIM Plans. Such list may be updated by the Company at any time, and may not be exhaustive due to constantly evolving information.

The payment for the Textr eSIM Service shall be made by the User in one full installment, in advance. The User may proceed with the payment for the Textr eSIM Service using any payment method authorized by the Company, as explicitly stated on the Platform. Such payment methods may include but shall not be limited to payments by credit card and other methods recognized and permitted by the Company.

The Company shall not process transactions made by Users using a third-party payment processor or platform (the “Third Party Payment Processor”), such as but not limited to Alipay or Crypto.com. The Company further declines liability for any blocked payments, incomplete transactions, or other issues arising out of the payments if the User elects to proceed with the payment for the Textr eSIM Service using a Third Party Payment Processor. If any such issues arise in connection with the User’s payment, the User shall be responsible for contacting and resolving the same directly with the Third Party Payment Processor.

Upon the completion of the User’s payment for the Textr eSIM Service, the purchased eSIM Service shall be added to the User’s account, and as such, made available to the User. The User shall then be responsible for installing the eSIM Service on the User’s device, and activating the eSIM Service at the destination of the User’s choosing, the whole in accordance with the limitations set forth in this Textr eSIM Policy.

For reference purposes, eSIM does not have an expiry date, however, it may only be installed once. The Company therefore recommends that Users refrain from removing the eSIM from their devices if they intend or wish to use the eSIM Service in the future. As opposed to removing the eSIM, Users may turn off the line to disable the eSIM. The Company shall not be liable for any adverse effects or damages, including but not limited to the inability to use data plans, suffered by Users as a result of their removal of the eSIM from their devices.

4. Duration of the eSIM Service

The Textr eSIM Service shall terminate upon the earlier of the following: (i) the User’s consumption of the entirety of the eSIM Service plan purchased; or (ii) the end date of the eSIM Service’s plan. Upon the termination of the Textr eSIM Service, the User shall no longer benefit from access to and usage of the eSIM Service.

To protect Users’ interests and in compliance with applicable laws, the Company reserves the right to suspend or otherwise revoke a User’s access to the eSIM Service if the Company finds or has reasonable grounds to believe such User: (i) engaged in illegal or unethical conduct, (ii) damaged or attempted to damage the network utilized by the Company, and/or (iii) breached any terms contained in the present Textr eSIM Policy and/or the Terms and Conditions. In any such case, the Company’s customer support team shall notify the User of the suspension or termination by way of written notice sent via email. The User shall remain responsible for the payment of all charges due pursuant to the present Textr eSIM Policy with respect to the suspended eSIM Service, notwithstanding the suspension of the eSIM Service. The User acknowledges that the Company shall not issue any refund or reimbursement in case of termination or suspension prior to the full consumption of the data contained in the Textr eSIM Service.

5. Textr eSIM Credit

The Company may offer Textr eSIM Service credit in exchange for participating in referral programs or as part of promotions. Any purchases made using Textr eSIM Service credit shall be final. Textr eSIM Service credit is non-refundable, non-transferable and non-cashable.

6. Disclaimers

The Company shall endeavour to offer and provide the eSIM Service in accordance with applicable standards for prepaid data plans; however, due to situations and circumstances beyond the Company’s reasonable control, the Company is unable to guarantee that the eSIM Service shall be provided on a continuous and uninterrupted basis. Further, the Company declines liability in case the eSIM Service is unavailable for any period time.

7. Updates

The Company reserves the right to make updates to the present Textr eSIM Policy, at any time, at the Company’s discretion. Any updates to the present Textr eSIM Policy shall be published on the Textr Platform and shall be in connection with the Textr eSIM Plans. Users shall be responsible for reviewing the present Textr eSIM Policy periodically to keep up to date with the latest modifications and terms applicable.