Hizmet şartları

1. General

1. Go Mobly offers products (such as eSIMs and gift cards) and services, together the “Services”.

2. These Terms and Conditions (including any documents referenced herein and any special terms confirmed by us in writing, together the “Terms”) apply to all offers made by Go Mobly (“Go Mobly”, “we” or “us”) and any agreements concluded between the User (“User”, “you”, or “your”) and us, whether online through the website www.gomobly.com (or any other website we operate, together the “Website”) or via other (online) sales channels.

3. Please read these Terms carefully before using our Website and/or placing an order for any Services. By placing an order for, or by using, our Services, you automatically agree to and are bound by these Terms. If you have any questions, please contact our Customer Service Team before placing an order. We recommend that you print or save the Terms for your reference. If you do not agree with the Terms, please discontinue use of our Services and/or Website.

4. Our Services evolve constantly, with new features added and existing ones updated regularly. Because of this, we may update these Terms by amending them from time to time in order to:(i) comply with the law; (ii) follow orders or recommendations from regulatory authorities; (iii) add new functionality, services, features, technologies, or benefits, or remove outdated ones; (iv) fix errors or bugs; (v) clarify the Terms; (vi) prevent abuse or harm; or (vii) for any other valid reason, such as security improvements.

5. You understand and agree that it is your responsibility to review the Terms from time to time to stay informed about current rules and your obligations. We will notify you in advance of any material changes affecting your rights or obligations by reasonable means (for example, via email).

6. Unless stated otherwise, each update takes effect as soon as the amended Terms are published. Your continued use of the Services after that will be considered acceptance of the updated Terms.

7. Unless stated otherwise, each update takes effect as soon as the amended Terms are published. Your continued use of the Services after that will be considered acceptance of the updated Terms.

8. You may end your relationship with us at any time after the effective date of updated Terms by closing your account and/or ceasing use of our Website and Services.

2. Definitions and Interpretation

1. The following terms, when used in these Terms, shall have the meanings set forth below. Terms defined in the singular shall also apply in the plural and vice versa, as the context requires.

Account: The personal user account you may create to access and manage certain aspects of our Services.

Content: Any data, text, images, audio, video, graphics, or other material accessible through the Services.

Cookie Policy: Go Mobly’s policy regarding the use of cookies and similar technologies, available on our Website.

eSIM: An embedded Subscriber Identity Module, or “eSIM”, is a digital SIM that enables mobile data connectivity without the need for a physical SIM card. Go Mobly's Services rely on the installation of an eSIM on the user’s device.

Fair Use: The reasonable and proportionate use of our Services in accordance with their intended purpose, as defined by Go Mobly. This policy is intended to prevent excessive, abusive, or fraudulent use that could affect the integrity or performance of the Services.

Intellectual Property Rights: All intellectual property rights including, but not limited to, copyrights, trademarks, patents, trade secrets, service marks, and logos.

Personal Data: Any information relating to an identified or identifiable individual, as defined under applicable data protection laws, including the General Data Protection Regulation (GDPR).

Plan: Refers to a specific data offering made available by Go Mobly. A Plan may be either (i) a Fixed Plan or (ii) a Daily Plan, for a single country or regional coverage.

Privacy Policy: Go Mobly’s Privacy Policy, which outlines how we collect, use, store, and safeguard Personal Data.

Services: The connectivity services offered by Go Mobly via eSIM, including access to mobile data networks through the Plans described on the Website.

Service Abuse: Any use of the Services that bypasses or attempts to bypass technical restrictions, exceeds Fair Use thresholds, or otherwise violates the intended use of the Service, as determined by Go Mobly.

User: any individual who accesses or uses our Website or Services.

3. Orders

1. In case your order concerns a purchase, the following applies: once we have authorised your payment method and confirmed your order by email, an agreement between you and Go Mobly is concluded. If you do not receive a confirmation within 24 hours of placing your order, please contact our Customer Service Team. Go Mobly is under no obligation to accept any order.

2. Daily Data Plan - By placing an order for Daily Plan, you confirm that:

2.1. the data provided by you are complete and correct;

2.2. you are aged 16 or over, legally qualified to place an order;

2.3. you understand and accept that the Daily Data Plan provides unlimited mobile data access on a per-country or multi-country basis for a continuous 24-hour period starting from activation;

You are aware that Daily Plans are available in variants such as 1GB, 2GB, or 3GB of high-speed data per day, depending on the destination. After the high-speed allowance is used, data speed will be significantly reduced for the remainder of the 24-hour period, while internet access remains unlimited;

2.4. you acknowledge that Daily Plans cannot be topped up with additional credit. Once your high-speed data is used, you must wait until the next 24-hour cycle for it to be renewed. Any unused high-speed data does not carry over and will expire at the end of each 24-hour period;

2.5. you are aware that our data plans do not include voice, SMS, or access to emergency calling services.

3 Fixed Data Plan – By placing an order for a Fixed Data Plan, you confirm that:

3.1. the data provided by you are complete and correct;

3.2. you are aged 16 or over, legally qualified to place an order;

3.3. you understand and accept that the Fixed Data Plan provides a fixed amount of mobile data (e.g. 10GB) valid for a set number of days (e.g. 30 days), starting from activation;

3.4. you acknowledge that once the full data allowance is consumed, your internet connection will be suspended. There is no reduced-speed fallback, and access will resume only after a successful top-up via the link provided in your confirmation email.

3.5. you are aware that our data plans do not include voice, SMS, or access to emergency calling services.

4. Availability and Liability

1. While we aim to provide continuous and reliable access to our Services, these depend on third-party mobile network operators and telecommunications infrastructure that are outside our direct control. Service availability may occasionally be impacted by factors such as network congestion, technical limitations, geographic location, or the operational status of our partners. Temporary interruptions may occur, and while we make every effort to minimise disruptions, such interruptions do not constitute a breach of these Terms. Our Services are provided on an “as is” and “as available” basis.

2. We may temporarily limit or suspend access to the Services to carry out scheduled maintenance, upgrades, or other necessary operational improvements. Where reasonably possible, we will inform you in advance if such maintenance is expected to materially affect the availability of the Services.

3. We are not responsible and/or liable for interruptions, reduced performance, or temporary unavailability of the Services resulting from: (i) issues related to third-party network operators; (ii) disruptions in telecommunications infrastructure; (iii) force majeure events; (iv) actions or restrictions imposed by public authorities; (v) natural disasters; or (vi) any other circumstances beyond our reasonable control.

5. Access and Technical Requirements

1. When placing an order for our Services, please note that they are available exclusively through our eSIM. This eSIM is essential for enabling connectivity and accessing the Services.

2. You must (i) download, install, and maintain the eSIM on an unlocked, eSIM-compatible device; and (ii) successfully install and activate Go Mobly’s eSIM profile on your device to access the Services. The Services cannot be accessed by any other means, including but not limited to web browsers, third-party applications, alternative platforms, or third-party eSIM providers.

3. Our eSIM services are designed to work on supported mobile operating systems like iOS and Android, and only on devices with functional eSIM technology. It’s your responsibility to make sure your device meets the minimum technical requirements for installation and activation. Please note that Go Mobly may discontinue support for certain operating systems or devices at any time, at its sole discretion.

4. You need to complete the eSIM installation on your mobile phone using the personal code provided in the email before you can access connectivity. To continue using the service, your eSIM profile must remain active and properly configured on your device. It is your responsibility to maintain the eSIM functionality.

5. You must ensure your eSIM profile stays properly configured. Go Mobly may require mandatory updates to your eSIM profile to maintain service functionality, enhance security, or comply with regulations. If your profile is not kept up to date, you may lose access to the Services.

6. You will receive your eSIM profile via QR code installation, iOS installation links, or manual setup for Android devices. Please note that Go Mobly does not guarantee the continuous availability of any specific installation method and may change distribution channels at its sole discretion.

7. Go Mobly reserves the right to deny or restrict eSIM installation for reasons including, but not limited to: (i) your residence in countries subject to EU or UN sanctions;
(ii) devices that do not support eSIM technology; (iii) regulatory restrictions in certain countries; (iv) device compatibility issues; or (v) other legal, technical, or business reasons, as determined solely by Go Mobly.

8. Service availability may be limited due to device-specific factors or eSIM-related technical constraints beyond Go Mobly’s control. We do not accept liability for any limitations resulting from these issues.

6. Responsibility and Misuse

1. By using the Services, you represent and warrant that:

1.1. You will not access the Services via automated means such as bots or scripts, except as necessary for standard search engine or web browser usage.

1.2. You will not use the Services for unlawful or unauthorized purposes, or in violation of any applicable law or regulation.

2. You also agree not to engage in any of the following prohibited activities:

2.1. Bypassing, disabling, or interfering with security features of the Services.

2.2. Creating multiple or fake accounts or harvesting user data without consent.

2.3. Competing with Go Mobly or offering similar services not explicitly approved by us.

2.4. Damaging the reputation of Go Mobly or using information from the Services to harass, harm, or threaten others.

2.5. Engaging in deceptive, fraudulent, or misleading conduct toward us or other users, especially attempts to access sensitive account credentials.

2.6. Exceeding your Fair Use limits or circumnavigating technical restrictions on the Services.

2.7. Extracting or copying content, data, or materials from the Services to assemble databases, directories, or compilations without Go Mobly’s prior written consent.

2.8. Framing, mirroring, deep-linking, or linking to the Services without permission.

2.9. Impersonating any person, entity, or user.

2.10. Misusing customer support channels or submitting knowingly false reports of abuse or misconduct.

2.11. Reproducing, modifying, or distributing the Services’ software without authorization, including reverse‑engineering or disassembly unless permitted by law.

2.12. Removing or obscuring any copyright, trademark, or proprietary notices within the Services.

2.13. Selling, transferring, or assigning your account or profile without our explicit consent.

2.14. Uploading or transmitting malicious content, such as viruses, malware, or scripts that could impair the Services.

2.15. Using automated tools (e.g. bots, scrapers, crawlers) to access or interact with our Services.

2.16. Using third-party purchasing services or agents to transact without our approval.

3. If you breach any of the above obligations, we may suspend or terminate your access to the Services without prior notice.

7. Pricing and Payment

1. All prices displayed on the Website are in EUR or USD and include 21% VAT, unless stated otherwise. 

2. Payment is required at the time of placing your order. All credit and debit card payments are subject to validation checks and authorisation by your card issuer. If your payment is not authorised, we may not accept your order.

3. Our Services must be paid for in full before they are activated or made available. All Services are subject to availability. We may change our prices or discontinue Products at any time without prior notice.

4. We reserve the right to decline or cancel any order at our sole discretion.

8. No Guarantees

1. The information provided on or through the Website is intended for general information purposes only. You remain solely responsible for how you choose to use or interpret any content available on the Website.

2. While we aim to deliver a high-quality and reliable Service, we rely on third-party network operators. As such, we cannot guarantee specific levels of service performance including speed, latency, or uptime. In rare cases, service quality may vary or be disrupted.

3. You are entitled to a general legal guarantee of conformity for the software we provide. If something doesn’t work as described or reasonably expected, please get in touch with our support team at support@gomobly.com.

9. Cancellation and Refund Policy

1. You may withdraw from your purchase within fourteen (14) days after delivery, regardless of the reason. During this period, If the service has been performed in any way, such as when the Plan has been used, has expired, or the eSIM profile has been installed, you will lose your right of withdrawal. This is because we cannot deactivate or reverse access once activation has started. 

2. Please note: installed eSIM profiles are not eligible for a refund.

3. Upon receipt of your cancellation of the order, we will reimburse the purchase price and initial delivery costs (if any) as soon as possible but in any case within fourteen (14) days of receipt of your cancellation. 

4. We aim to be fair and transparent about our refund process. Please read the following guidelines carefully:

4.1. If your eSIM fails to activate despite following our support instructions, you may request a refund within 30 days of purchase.

4.2. Refunds for failed activation are only considered after you’ve completed the troubleshooting process with our support team. We’re here to help resolve any technical issues before issuing a refund.

4.3. If your refund is approved, we will process it within fourteen (14) days.

5. Refunds are not issued in the following cases:

5.1. Once your eSIM is installed or activated and any data has been used, the corresponding Data Plan becomes non-refundable.

5.2. Accidental purchases

5.3. Unused data

5.4. We reserve the right to decline refunds in cases where we suspect fraud or a breach of our Terms.

10. Termination

1. We reserve the right to suspend or terminate your access to the Services at any time, particularly in cases of misuse or breach of these Terms. You may choose to stop using the Services at any time by deleting your eSIM. Please note: we do not offer refunds for any unused data or time remaining on your plan, unless required by law.

2. We monitor data usage to ensure it stays within the limits of your selected plan. If we detect that technical restrictions have been bypassed to use more data than your plan allows, this will be treated as misuse of the Service. In such cases, your access may be automatically suspended to protect the integrity of our network and to ensure fair use for all users.

11. Account, Personal Data and Privacy 

1. When placing an order for our Products, you may be required to create an account with Go Mobly. To open an account, you must provide accurate and complete personal data. You are responsible for keeping your password secure and for ensuring the proper and confidential use of your account. If you suspect your account is being misused or accessed without your permission, please contact our Customer Support team immediately.

2. Go Mobly will process your personal data in accordance with our Privacy Policy. By placing an order or using our Services, you agree to the collection, storage, and processing of your data, and confirm that all information provided is accurate and up to date.

3. We use cookies and similar technologies to enhance your experience on our website. By continuing to use the Service, you agree to the use of cookies as described in our Cookie Policy. You can find more information about what we use and why in the full Cookie Policy.

12. Intellectual Property Rights

1. Unless stated otherwise, Go Mobly owns all intellectual property rights related to the Website, including its content (such as text, design, layout, images, and videos), the Services, and all associated trademarks and trade names.

2. You may use the Website and information provided thereon for your own personal use (such as printing and saving them for later viewing). Any other use (such as copying, redistributing or saving the contents or any part thereof to another website, framing, hyper- or/deeplinking to another website) is not allowed without our express written consent.

13. Various

1. Go Mobly may update or amend these Terms at any time. By placing an order, you agree that the latest version of these Terms will apply to your order.

2. Any changes or deviations from these Terms or the agreement must be made in writing and signed by both parties.

3. References to writing include email, unless otherwise stated.

4. If any part of these Terms is found to be invalid or unenforceable, that part will be replaced with valid terms, and the remainder of the Terms will continue in full force.

5. Failure to enforce any part of these Terms shall not be considered a waiver of any rights by Go Mobly. Any waiver must be explicit and in writing.

6. Any terms and conditions proposed by third parties are explicitly rejected and do not apply to the agreement between you and Go Mobly.

7. You may not transfer your rights or obligations under these Terms without our prior written consent, which will not be unreasonably withheld. Go Mobly may transfer its rights and obligations under these Terms to a third party, to which you hereby give your consent in advance. Such transfer will not affect your rights under these Terms.

14. Force Majeure

1. Go Mobly is not liable for any failures or malfunctions of the Service, including those caused by third parties it relies on, due to Force Majeure.

Force Majeure means any circumstance beyond Go Mobly’s reasonable control, including but not limited to acts of God, strikes, lockouts or industrial disputes, civil disturbances, acts of third parties, wars, riots, blockades, lightning, fire, storms, floods, explosions, inability to obtain or maintain necessary authorizations or permits, and compliance with any law, governmental order, rule, regulation, or direction, whether or not later held to be invalid. This also includes issues related to third-party network operators such as maintenance or outages, as well as telecommunications infrastructure problems.

2. To the fullest extent permitted by law, Go Mobly’s total liability to you for any claims arising from or related to the Services shall not exceed the amount you have paid for the Services in the twelve months prior to the claim.

15. Jurisdiction

1. These Terms, all agreements between you and Go Mobly, and any disputes arising from them are governed by the laws of the Netherlands, excluding conflict of law rules under Dutch private international law. The United Nations Convention on the International Sale of Goods (Vienna Convention of 11 April 1980) is explicitly excluded.

2. If you are based in the EU (including the United Kingdom), any disputes related to these Terms or our agreements shall be submitted to the competent court in Amsterdam, the Netherlands. If you, as a consumer, prefer another competent Dutch court, you must notify Go Mobly in writing within one (1) month after we have informed you of our intent to invoke this section. Without such notification, the court in Amsterdam shall have exclusive jurisdiction.

3. If you are based outside the EU, disputes arising from these Terms or our agreements shall be finally resolved by arbitration under the Arbitration Rules of the Netherlands Arbitration Institute (Nederlands Arbitrage Instituut). The arbitration shall be conducted by a sole arbitrator in Amsterdam, the Netherlands. Proceedings shall be in English, and the dispute shall be decided according to Dutch law. Consolidation with other arbitrations pending in the Netherlands, as per Article 1046 of the Dutch Code of Civil Procedure, is excluded. This clause does not limit Go Mobly’s right to initiate proceedings against you in other jurisdictions or to seek injunctive relief through summary proceedings before the competent court in Amsterdam.

4. If you are based outside the EU, you may also bring disputes concerning these Terms, our products, or services to the European Online Dispute Resolution Platform via: ec.europa.eu/consumers/odr.

 

Go Mobly hello@gomobly.com Dutch Chamber of Commerce number 63065568