Terms & Conditions

Terms and Conditions of Digicom d.o.o. (GigaXeSIM)

Introductory Provisions

1.1. These Terms and Conditions constitute a legally binding agreement ("Agreement") between you ("User") and Digicom d.o.o., a private limited company established and registered in the Republic of Croatia, with its registered office at Ilije Gregorića 1A, 10291 Brdovec, Croatia ("Digicom", "we" or "us"), regarding your purchase of an international data plan ("Data Plan") associated with a prepaid eSIM ("eSIM"), for use on your personal device ("Device"), provided by Digicom d.o.o. through the GigaXeSIM brand ("Service").

1.2. Future agreements between the User and Digicom may also be subject to additional terms and conditions or documents that may be published on our website or application ("Application").

Description of Service and User Registration

2.1. GigaXeSIM is a global eSIM store that makes international connectivity more accessible through eSIM technology. GigaXeSIM offers data packages in many countries, reducing the need for physical SIM cards. GigaXeSIM services include offering various eSIM data packages from around the world, which can be purchased and used immediately on any eSIM-compatible device, enabling seamless connectivity.

2.2. The User can register to purchase an eSIM through our Application. The User must accept the Terms of Use to register and purchase an eSIM. Digicom's Privacy Policy and Cookie Policy are displayed in the application when the User registers to purchase an eSIM.

2.3. During the registration process, the following information must be provided: 2.3.1. For end users: Personal information such as first name, last name, and email address is required for direct interaction and transactions on the website www.gigaxesim.com or via the GigaXeSIM application.

Purchase and Activation of Service

3.1. If you purchase an eSIM from us (through the Application), you enter into a purchase agreement with us for the eSIM and agree to pay all applicable fees in accordance with the data plan for the purchased eSIM.

3.2. You will be responsible for the eSIM once it is delivered to you. If you damage or lose your device before fully paying for the eSIM, you will still be required to pay the full price of the eSIM.

3.3. You may purchase an eSIM from one of Digicom's partners ("Third Parties"). If you purchase an eSIM from a third party, you enter into a purchase agreement with that third party, and Digicom is not a party to such an agreement.

3.4. Digicom will make data plans available for certain countries. Digicom reserves the right to limit the availability of such data plans in certain jurisdictions. Users can search for, select, and purchase our data plans in the Application or through third parties.

3.5. By using the Service, the User confirms that they have an unlocked device compatible with eSIM, which is required to access the eSIM.

Warranty

4.1. These Terms and Conditions are in addition to your statutory consumer rights.

4.2. Digicom d.o.o. makes no warranties and makes no representations in relation to the eSIM or the Service, and all warranties and conditions (except to the extent required by applicable laws), whether express or implied by statute, common law or otherwise, are excluded to the extent permitted by law.

4.3. Digicom d.o.o. reserves the right, at its sole discretion, to discontinue the sale, provision, or support of any eSIM at any time.

Service Availability

5.1. Digicom d.o.o. will take commercially reasonable steps to make the Service available to you at all times, subject to Digicom's and its service providers' ability to maintain network capacity and connectivity.

5.2. Digicom d.o.o. partners with service providers to deliver the Service, including network providers. These vary by jurisdiction.

5.3. If you purchase an "unlimited" data plan, please note that your data coverage and speed may be subject to a fair usage policy by the network provider. This means that to ensure high-quality service for all users, the network provider reserves the right to impose limitations or restrictions on data usage or speed if your usage is considered excessive or adversely affects network performance for other users.

5.4. Digicom d.o.o. does not guarantee network capacity, network quality, or Service connectivity. This includes (but is not limited to) any of the following circumstances:
  5.4.1. when our service providers need to carry out upgrades, maintenance, or other work on their network services;
  5.4.2. when you are in areas not covered by our service providers' networks or as indicated in your data plan;
  5.4.3. where factors beyond our control cause interference, such as interference caused by the features or functionality of your device, regulatory requirements, communication network failures, weather conditions, radio interference, or other physical obstacles.

Duration and Termination

6.1. This Agreement becomes effective once you purchase an eSIM. Once you have downloaded the eSIM to your device and the data plan has been activated, the downloaded eSIM will remain on your device after the data plan credit has been used or the data plan expires. The User may choose to remove the eSIM via their device settings at any time, but we recommend that the User does not remove the eSIM until their data plan is used or expires. Downloading the eSIM and activating any data plan requires a stable internet connection.

6.2. The duration of this Agreement shall be until the data plan expires or until the credit is used in accordance with the purchased data plan.

6.3. This Agreement terminates immediately upon any of the following events:
  6.3.1. use or expiration of the data plan by the User; or
  6.3.2. suspension by Digicom d.o.o. of the User's use of the eSIM or data plan due to violation of these Terms and Conditions (including any violation of applicable laws).

6.4. Upon termination in accordance with Clause 6.3.1, if you do not delete the eSIM from your device immediately upon use or expiration of the data plan, the eSIM will be provided to you on an "as-is" basis without any warranty of any kind. Digicom d.o.o. shall not be liable to you for such an eSIM under this Clause 6.4 until you purchase another eSIM or data plan from us, after which these Terms and Conditions shall apply.

User Obligations

7.1. The User agrees to:
  7.1.1. use the eSIM in accordance with these Terms and Conditions;
  7.1.2. use the eSIM in compliance with all applicable laws and regulations of the country in which the User is located or habitually resides;
  7.1.3. not use the eSIM to engage in any fraudulent, criminal, or unlawful activity or to cause harm or damage to the network;
  7.1.4. not use the eSIM to copy, store, modify, publish, or distribute Digicom d.o.o.'s commercial information (including trade secrets) unless expressly permitted;
  7.1.5. not use the eSIM to download, send, or upload content of excessive size, quantity, or frequency; and
  7.1.6. not use the eSIM in any manner that infringes the intellectual property rights of third parties.

7.2. The User agrees not to use any credits, promotions, or referrals for the Service ("Promotions") to undermine the fairness, integrity, or lawful operation of the Service, including but not limited to creating false user registrations or using fictitious identities to participate in Promotions to receive rewards.

7.3. The User agrees that Digicom d.o.o. may suspend the Service in case of any breach of these Terms and Conditions. The User is responsible for and shall pay all costs under these Terms and Conditions relating to the suspended Service. Digicom d.o.o. reserves the right to seek legal remedies and damages (including legal fees) to the fullest extent permitted by law.

7.4. Digicom d.o.o., at its sole discretion and without liability to the User, reserves the right to delete the User's application account, disqualify the User from future use of the Service, or disqualify the User from any Promotion.

Payment Terms

8.1. The User may register and purchase an eSIM via the Application. Payment will be processed by an authorized agent of Digicom d.o.o.

8.2. All eSIMs are paid in advance and prices include all indirect taxes, unless otherwise stated. Indirect tax will be charged based on the postal code provided by the User when submitting payment information to Digicom.

8.3. "Indirect Taxes" in this Clause 8 refer to any sales tax, value-added tax (VAT), and all similar levies or taxes that may be applicable at the time of sale of the data plan related to the eSIM.

8.4. The User may choose to save their payment method during the payment process under the administration of the service provider so that this information is automatically applied to future purchases without requiring the User to re-enter it. The User may delete the saved payment method at any time. This payment method information cannot be modified; if a change is required, the User must delete the existing method and enter a new one.

Statutory Right of Withdrawal

9.1. If you purchase an eSIM as a consumer, you have the statutory right to withdraw from this Agreement within 14 days without giving any reason. The withdrawal period expires 14 days after the purchase of the eSIM, or earlier if the eSIM is activated and the data plan is used, in which case we will provide a partial refund proportionate to the diminished value of the eSIM or data plan.

9.2. To exercise your right of withdrawal, you must inform us of your decision to withdraw from the Agreement by means of a clear statement. Please contact Digicom d.o.o., c/o customer support, whose details can be found in Section 18 below.

Refund Policy

10.1. You will receive the Service in accordance with these Terms and Conditions. If you believe that the Service provided is not in compliance with your statutory consumer rights, please notify us. If applicable, we will issue a full or partial refund for the affected eSIM or data plan in accordance with Clauses 10.2 to 10.8 below.

10.2. To receive a full refund from Digicom d.o.o., the User must meet the following conditions:
  10.2.1. The eSIM must have been purchased from Digicom d.o.o. via the Application (i.e., not from third parties);
  10.2.2. The eSIM must not have been activated; and
  10.2.3. The eSIM purchase must have been made no more than 6 months prior to the refund request.

10.3. Subject to Clauses 10.2.1 and 10.2.3, in the following circumstances, Digicom d.o.o. may issue a full or partial refund proportionate to the diminished value of the eSIM or data plan:
  10.3.1. If the data plan linked to the eSIM has already been activated and/or partially used, or credit has been spent; or
  10.3.2. If the eSIM does not work due to network infrastructure issues or if the destination country’s infrastructure is problematic or unstable.

10.4. If the User purchases and downloads an eSIM to an incompatible or locked device, Digicom d.o.o. will issue a full refund, provided the User meets requirements 10.2.1–10.2.3.

Intellectual Property Rights

11.1. Unless otherwise indicated, the eSIM is our property (or that of our licensor) and all source code, databases, functionality, software, website designs, audio, video, text, photos, and graphics on the Application (collectively, "Content") and trademarks, service marks, and logos contained therein ("Marks") are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and other intellectual property rights.

11.2. Except as expressly provided in these Terms and Conditions, no part of the eSIM, Application, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

Data Protection

12.1. By purchasing an eSIM, you agree that Digicom d.o.o. will process personal data relating to you ("Personal Data") in order to provide you with the Service, improve the Service, and prevent unauthorized use of the Service.

12.2. For more information on how User Personal Data is used or for any inquiries about how we may process your personal data, please refer to our Privacy Policy and Cookie Policy available at www.gigaxesim.com.

Indemnity

13.1. The User agrees to indemnify and hold harmless Digicom d.o.o., its subsidiaries, affiliates, officers, agents, partners, employees, and service providers from any losses, costs, expenses, claims, proceedings, damages, actions, or demands arising in any way from:
  13.1.1. your breach of these Terms and Conditions; and/or
  13.1.2. any other matter related to your use of the Service that is not in compliance with these Terms and Conditions.

Limitation of Liability

14.1. To the extent permitted by law, we exclude all liability (whether arising in contract, negligence, or otherwise) for any loss or damage you may suffer in connection with your use of the Service, including the eSIM or any data plan. Notwithstanding the foregoing, Digicom d.o.o.'s liability in relation to or in connection with this Agreement, whether in contract, negligence, or otherwise, shall in no event exceed the amount of fees paid by the User to Digicom d.o.o. for the relevant data plan in the 12 months preceding the date of the event giving rise to such liability, or €100, whichever is greater. This does not affect our liability for fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

Governing Law

15.1. Unless mandatory applicable laws provide otherwise: (a) these Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the Republic of Croatia; and (b) the courts of Zagreb shall have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.

15.2. Other mandatory laws of other countries may also apply to your use of the eSIM.

15.3. The Service and the Application are not intended for use by any person or entity in any jurisdiction or country where such use would be contrary to applicable laws or regulations. Accordingly, persons who choose to access the Service and/or Application from such locations do so on their own initiative and are solely responsible for compliance with local laws, to the extent they are applicable.

Amendments to Terms and Conditions

16.1. We may amend any of the terms of your Agreement or any future terms and conditions, including those relating to our data plans, on the following basis:
  16.1.1. All updated Terms and Conditions and new terms will be available on our website or Application;
  16.1.2. We will notify you appropriately if we make any changes to this Agreement. You are free to stop using the Service upon receiving such notice, subject to the following exceptions:
    (a) where such variation is exclusively in your favor;
    (b) where such variation is purely administrative; or
    (c) where such variation is imposed by applicable law.
  16.1.3. If you continue to use the Service after the variation of this Agreement takes effect, you will be deemed to have accepted the variation.

Final Provisions

17.1. Digicom d.o.o. may assign, transfer, or delegate any of its rights and obligations under this Agreement to any company within its group without the express consent and authorization of the User.

17.2. If at any time any provision of this Agreement (or part of any provision) becomes illegal, invalid, or unenforceable but would be legal, valid, and enforceable if some part were deleted or modified, the relevant provision or part thereof shall apply with such deletions or modifications as may be necessary to make it legal, valid, and enforceable.

17.3. No failure or delay by either party in exercising any right or remedy under this Agreement shall be construed as a waiver of that right or remedy, nor shall any single or partial exercise of any right or remedy preclude any further exercise of that right or remedy. No waiver by either party of any breach of any provision of this Agreement by the other party shall be considered a waiver of any previous or subsequent breach. The rights and remedies provided in this Agreement are cumulative and do not exclude any rights or remedies provided by law.

17.4. This Agreement is written in English. In case of any conflict between this English version and any translated copy of the Agreement, the English version shall prevail.

17.5. THE USER ACKNOWLEDGES AND AGREES THAT BY CLICKING "I AGREE" OR SIMILAR, REGISTERING AN ACCOUNT, DOWNLOADING THE APPLICATION OR ANY UPDATE TO THE APPLICATION, USING THE APPLICATION ON THEIR MOBILE DEVICE, OR ACCESSING OR USING THE SERVICES, THE USER INDICATES THAT THEY HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT THEY HAVE REGISTERED ON THE WEBSITE OR APPLICATION. IF THE USER DOES NOT AGREE TO THESE TERMS OF SERVICE, THEY HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

Digicom Contact: For more information, you can reach our team through the following channel: Customer Support: [email protected]