These terms and conditions govern the legal relationship between Simcash and its users and incorporate the provisions of the Simcash Privacy Policy.
TAKE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT DISCLAIM, LIMIT AND EXCLUDE THE LIABILITY OF SIMCASH TO YOU AND THAT INDEMNIFY SIMCASH AGAINST CLAIMS AND DAMAGES THAT IT MAY SUFFER AS A RESULT OF YOUR CONDUCT.
These terms and conditions constitute the entire agreement between Simcash and the partner.
Please read these terms and conditions carefully.
1.1 The words and phrases listed below shall bear the following meanings in these terms and conditions, unless the context clearly indicates otherwise:
”Simcash” means the Simcash legal entity responsible for providing services in your territory. The Simcash legal entity is identified at the bottom of this document;
”Recipient” means any person, including both natural and juristic entities, who receives or is intended to receive any message sent by a partner offering the services;
”Network Operator” means any party licensed to install, operate and maintain a cellular telephony network;
”Services” shall mean and include all products and services offered or provided to Simcash by a partner;
”SMS” means a short message service provided by means of a text or data message to the cellular handset;
”Partner” means the user that, through the app Simcash, sends sms;
”Website” shall mean all websites published by the Simcash entity, including simcash.io, and shall include any page or part thereof.
1.2 Any reference in these standard terms to the singular includes the plural and vice versa, any reference to persons includes both natural and juristic persons and any reference to a gender includes the other gender.
1.3 Any clause headings inserted into these terms and conditions have been inserted for convenience only and shall not be taken into account in interpreting the terms and conditions.
1.4 Words and expressions defined in any other part of these terms and conditions shall, for the purposes of that part, bear the meaning assigned to such words and expressions in that part.
1.5 To the extent that any provision of this agreement conflicts with any law, then to the limited extent of such conflict, such provision shall be severed from this agreement without affecting the enforceability of the reminder of its terms.
2.1 Partner using the Simcash website or services for any reason whatsoever agrees to these terms and conditions.
2.2 Should a Partner not agree to all the terms and conditions of this agreement or be unable to comply with these terms and conditions, the Partner should immediately cease using the Website and the Simcash app and/or terminate the registration process.
2.3 Partner may not use the Simcash website or services if he/she is not of a legal age to form a binding contract with Simcash.
2.4 Partner agrees that all terms and conditions herewith published shall be binding on the partner and that should there be a contradiction between these general terms and conditions and any other product-specific or service-specific terms and conditions, the product-specific or service-specific terms and conditions shall prevail to the limited extent of such conflict.
2.5 Simcash reserves the right to refuse to accept and/or execute an order or request to do business or to render any Services without giving any further reasons.
2.6 Partner agrees to use the Services in compliance with these terms and conditions and in good faith.
3.1 Simcash expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in these terms and conditions or any information on the website or app without prior notice.
3.2 Partner undertakes to check the website or app frequently and to acquaint himself with the changes and/or amendments in the information supplied on the website and app and, in this regard, partner undertakes to check, at a minimum, these terms and conditions for any alteration thereto, including in respect of the prices and nature of any services, prior to the conclusion of each new service offered, in respect of the services governed by these terms and conditions. The partner should regularly verify which networks are covered by the services. Changes may occur as to which networks are added/removed from time to time. The partner can download this agreement at https://simcash.io/terms/terms_and_conditions.html
4.1 Simcash shall make all reasonable endeavors to ensure uninterrupted and continued use of the services. However, the delivery of SMS messages is largely dependent on the effective functioning of Network Operators' cellular networks, network coverage and the SMS recipient's mobile handset. Simcash does not and cannot guarantee the availability of any service, the delivery of SMS messages or the compatibility between any message or content format and any particular mobile handsets or mobile operating systems.
4.2 Network Operators may modify, enhance, develop or discontinue components of their services at any time without prior notice, in which event Simcash shall be entitled to modify, enhance, develop or discontinue affected services without notice.
4.3 Messages shall be deemed to have been delivered when the recipient receives or displays them. All the SMS not delivered will not contribute to the partner’s earnings.
4.4 Simcash shall have the right to withhold, terminate or suspend the provision of services to the partner at any time.
4.5 The partner autonomously decides the countries where he/she sends SMS and the price. The partner is aware that he/she has full choice in setting the hourly/daily/weekly/monthly limits of SMS while using Simcash. The partner has full control over his/her SIM cards, including the chance to suspend or terminate the service.
5.1 The partner acknowledges and understands that Simcash acts as a conduit for the provision of information and content. The partner acknowledges that Simcash, or its customers, shall be responsible for any content transmitted. The partner shall observe all relevant legislation and regulations applicable in their jurisdiction. It shall be the sole responsibility of the partner to familiarize him/herself with all applicable laws, regulations and codes of conduct to which he/she may be subject and to ensure compliance therewith.
5.2 Partner shall not do, nor omit to do, anything that would result, directly or indirectly, in any breach by Simcash or by the partner of any requirement or provision of any applicable legislation, regulations, code of conduct or network usage policies, failing which Simcash shall be entitled to immediately suspend or terminate the provision of services to the partner and the partner shall have no claim of any nature against Simcash (including claims for reimbursement, refund, compensation or damages).
5.3 The partner may not use, or knowingly allow others to use, the services for any purpose that may bring Simcash’s name into disrepute, or for any purpose that, in Simcash’s sole and absolute discretion, is improper, immoral or undesirable.
5.4 The partner shall not permit, do, nor omit to do, anything which might have the effect of prejudicing or impeding the legitimate activities, interests or goodwill of Simcash nor any Network Operator.
5.5 In the event of any transgression of any applicable law, regulation, code of conduct, or any provision of these terms and conditions, or in the event of any complaint being received by Simcash in relation to a partner, then the partner hereby acknowledges and agrees that Simcash may in its sole and unfettered discretion suspend or terminate services to a partner without prejudice to any other rights that it may have in law or in terms of these terms and conditions.
5.6 Partners acknowledge and agree that all messages sent may be stored and can be audited and reviewed by Simcash or any other person acting on behalf of Simcash at any time to ensure compliance with these terms and conditions and any applicable law, regulations or code of conduct.
5.7 By accepting these terms and conditions, the partner declares that he/she is aware of the possible implications of having chosen to use Simcash services, which are, among others:
5.7.1 The partner’s phone number will be shown to a third party (SMS recipient) as Sender ID;
5.7.2 The SMS receiver will see the partner’s phone number on the received SMS;
5.7.3 The SMS receiver has the ability to contact or try to contact the partner’s phone number;
5.7.4 For privacy reasons, the partner may not be able to read the content of the SMS sent by his/her sim through the Simcash app. The date and time of these SMSs can be hidden as well.
5.8 Simcash has no responsibility over the SMS receiver’s actions related to the partner’s phone number. It is the partner’s responsibility to know the terms and conditions of the Network Operator and to comply with such terms and conditions.
5.9 Simcash has no responsibility if the partner incurs any costs or penalties caused by an excess of SMS sent through his/her phone. Simcash is not responsible for any violation of the commitments made by the partner with its Network Operator and the partner will bear all costs, fees and damages related to the violation of its commitments with the Network Operator without any claim for compensation and/or indemnity for any reason or cause to Simcash.
5.10 Simcash can never be held liable in any way or measure, nor can be asked for any compensation and/or indemnity in the event that the partner incurs any costs that have been caused by SMS sent or received through his phone via Simcash.
6.1 To register to make use of the services, the partner must complete the registration process and must provide Simcash with up-to-date, complete, accurate and real information as requested by Simcash. Failure to provide accurate and complete information on registration may result in termination of the services and credit loss. The partner is required to choose a username (email address) and a password. The partner is responsible for maintaining the confidentiality of his/her username and password and cannot divulge them to any other person.
6.2 The Partner is entirely responsible for any and all activities that occur under its account and shall be strictly liable to make payment of all charges incurred under its account whether or not these charges are incurred by the partner or any other person, authorized or unauthorized, intentionally or unintentionally, or as a result of any virus, hack or security breach.
6.3 In the event that the partner performs any task, engages with any content, enables any function that violates any provision of law and/or regulation, or any conduct of the partner results in any violation of any applicable law and/or regulation in its jurisdiction, Simcash shall have no responsibility and shall not be liable in any way or be held liable for any penalties, damages and compensation, which shall, therefore, be charged exclusively to the partner.
6.4 The partner agrees to notify Simcash immediately of any unauthorized use of his/her accounts or any other breach of security.
6.5 It is expressly prohibited for any person, business or entity to gain or attempt to gain unauthorized access to the Simcash app, or to deliver or attempt to deliver any unauthorized, damaging or malicious code to the app. Any person who delivers or attempts to deliver any unauthorized, damaging or malicious code to the app shall be held criminally liable and in the event that Simcash should suffer any damage or loss, civil damages will be claimed.
6.6 In the event that a person wishes to complain that a partner has used the services in any manner that infringes on the complainant's rights or the rights of another person, the complainant shall provide Simcash with a written notice setting out:
6.6.1 The full name and address of the complainant;
6.6.2 The written or electronic signature of the complainant;
6.6.3 Identification of the right that has allegedly been infringed or the law or code of conduct alleged to have been infringed;
6.6.4 Identification of the material or activity that is claimed to be the subject of unlawful activity;
6.6.5 The remedial action required to be taken by the service provider in respect of the complaint;
6.6.6 Telephonic and electronic contact details, if any, of the complainant;
6.6.7 A statement that the complainant is acting in good faith; and
6.6.8 A statement by the complainant that the information in the complaint is to his or her knowledge true and correct and an indemnity by the complainant in favor of Simcash for any misrepresentation of the facts or for wrongful suspension or termination of any services by Simcash in response to the complaint.
6.7 Any person who lodges a notification of unlawful activity with a service provider knowing that it materially misrepresents the facts is liable for damages for any wrongful suspension or deactivation of services. The partner acknowledges and agrees that Simcash shall not be liable to the partner or any other person for damages or other liabilities resulting from wrongful suspension or deactivation of services in response to any such notification.
6.8 No Simcash account may be transferred from one person to another without the written consent of Simcash. Where Simcash consents thereto, the new person shall be responsible for updating all details on the account accordingly.
6.9 In the event that the partner forgets his or her password and/or his or her contact details used for password recovery are changed (name, email, mobile number) and he or she requests a password change, mobile number change or e-mail address change, Simcash will call or email the existing contact telephone number or email address on the account. The partner agrees that if there is no response or no confirmation of the above request, the partner may be required to re-register. The partner further agrees that if any person responding to the above contact confirms the request, then the request may be affected and a new password issued to such person and the partner agrees that Simcash shall not be liable for any damages or breach of privacy, security or confidentiality resulting therefrom, including but not limited to where unauthorized people have gained access to the partner’s email account or telephone.
7.1 The partner agrees that Simcash may access its account and message contents without notice and in order to respond to service or technical issues.
7.2 A recipient of a message has the right to know the identity of the sender, and this will be disclosed on request to the recipient.
7.3 The partner agrees that they shall not violate any privacy laws, regulations or applicable codes of conduct relating to the protection of personal information of recipients, including but not limited to names, addresses, email addresses, landline and mobile telephone numbers and shall not disclose the personal information of recipients to any third party.
7.4 Where the personal data of any EU member state subject is transferred to Simcash in a non-EU member state for processing, Simcash undertakes to ensure technical and organizational security measures that provide a level of protection appropriate to the risks represented by the processing of such data and in order to protect such data against accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure or access or any other unlawful form of processing.
8.1 The partner increases his/her balance per each message sent through the Simcash app. The gains per individual message depend on the message destination and the price set by the partner through the app.
8.2 Simcash may ask a proof of identity by requesting a picture of a valid national identity document in order to process the payment.
8.3 The partner shall furthermore ensure that all payments received from Simcash are personal and can be affected by taxes according to their jurisdiction.
8.4 Earnings range per each SMS may be varied by Simcash from time to time without prior notice to the partner.
8.5 Payment security: the partner acknowledges that Simcash makes use of secure third party payment gateways including cryptocurrencies and bank wire transfers and agrees that Simcash can modify, add or remove such kinds of payments.
8.6 It is the obligation of the partner to require Simcash for the payout of the earned amount within maximum one year from the day such amount is earned. The earnings not withdrawn within this mentioned period can be lost without warning.
8.7 Without prejudice to any other right that it may have in law, Simcash shall have the right to suspend or disable the operation of any partner account and the provision of services to any partner where Simcash reasonably suspects that activity has been made or effected by fraudulent means.
8.8 If the payment details have not been indicated or have been indicated incorrectly and the payment cannot be made, the partner must change his/her payment details and resubmit a request for payment of his commissions. In the event of a payment request made on data entered incorrectly by the partner, Simcash will not be responsible for payments made to third parties or other payment data already made due to the partner’s mistakes.
9.1 Where the partner breaches any of these terms and conditions, without prejudice to any of its legal rights, Simcash shall be entitled to, among other things, to cancel its agreement with the partner, to suspend or terminate the provision of services to the partner, to suspend, disable or terminate the partner's account/s.
9.2 Where the partner account is suspended or terminated due to any breach of these terms and conditions, Simcash reserves the right to also suspend or terminate all other accounts registered by, or on behalf of such partner, as well as suspend or terminate any account registered by any other person or persons whom Simcash, in its sole and unfettered discretion, believes is affiliated with the partner concerned.
10.1 The partner hereby indemnifies and holds Simcash harmless against any and all damages, liabilities, fines and risks that may follow from the transgression of these terms and conditions.
10.2 Simcash shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the website or the services or any content provided from and through the website.
10.3 Furthermore, Simcash makes no representations or warranties, implied or otherwise, that, among others, the content and technology available from the website are free from errors or omissions or that the services will be 100% uninterrupted and error free.
10.4 These terms and conditions together with any other contractual documents expressly referenced in these terms and conditions contain all of the terms of agreement between the partner and Simcash.
10.5 The website, the services and the app are supplied on an "as is" basis and are not supplied to meet the partner's individual requirements. To the fullest extent permitted by law, Simcash disclaims all representations and warranties relating to the services (whether express, implied and statutory, including but not limited to the warranties of fitness for a particular purpose). It is the sole responsibility of the partner to satisfy itself prior to entering into this agreement with Simcash that the services, the website and the app will meet the partner's individual requirements and be compatible with the laws in his/her jurisdiction.
10.6 The partner indemnifies and holds Simcash harmless against all reasonable damages, awards, penalties or legal costs claimed or imposed by any party as a result of any action, commission or omission by the partner that constitutes a breach or contravention of any legislation, regulations, code of conduct or network provider codes or practice or acceptable usage policies.
10.7 In the event of any litigation between Simcash and the partner, the successful party shall be entitled to recover their reasonable legal costs incurred by it in enforcing its rights on an attorney and client scale.
10.8 The partner further indemnifies and holds Simcash harmless against any reasonable claims, actions or damages from any party as a result of the fraudulent or unauthorized use of the partner's username and password or loss thereof.
10.9 Without derogating from the aforegoing, in no event shall Simcash be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use or unauthorized use of the website, the services or the app, whether such damages arise in contract, delicit, under statute, in equity, at law or otherwise.
10.10 Notwithstanding the aforementioned provisions and without derogating there from or limiting their application in any way, in the event that a partner has a valid claim against Simcash arising from any services provided under these terms and conditions, then the partner's claim shall be limited to payment of an amount equal to the amount paid for the services that are the subject of the claim in the month prior to any such claim arising.
For any questions, queries or wishes to request permission to use any part of this website, including, linking, framing, or searching, please contact the following address, which address shall be the address at which any legal notices or documents shall be required to be served: Address is SIA Rapid Software Solutions - Rīga, Zeltiņu iela 54 - 33, LV-1035 – Latvia. Email: support (at) simcash.io
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these terms and conditions is found to be unenforceable or invalid, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
13.1 All content, trademarks and data on this website, including but not limited to software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to Simcash, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the partner herein, all other rights to all intellectual property on this site are expressly reserved.
13.2 Simcash shall grant the partner an individual, personal, non-sublicensable, non-exclusive and non-transferable license ("the License") to use its proprietary software and/or application service, in object code form only, and only in accordance with the applicable partner documentation, if any, and only in conjunction with the relevant services. The partner may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software/application; copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software/application; use the software/application for time sharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels with regard to Simcash products and/or services. The partner acknowledges that Simcash and its licensors retain ownership of all proprietary applications, software, intellectual property and any portions or copies thereof, and all rights therein. Upon termination of the services for any reason, this License will terminate and the partner shall destroy and cease to use all software and applications in its possession. The software is provided and applications are offered "as is" and subject to the service warranty disclaimers and limitations of liability found elsewhere in these terms and conditions. It is the responsibility of the partner to test the services should they wish, prior to entering into this agreement.
13.3 Content from the website may not be used or exploited by the partner for any commercial and non-private purposes without the prior written consent of Simcash.
These terms and conditions shall be governed by, construed and interpreted in accordance with the laws of Latvia and the Latvian courts shall have exclusive jurisdiction in respect of any disputes that may arise between the partner and Simcash.