End User Licence Agreement

This End User Licence Agreement (“Agreement”) governs your use of the 1Locol mobile application (“Licensed Application”).

The Licensed Application is licensed to you (“End-User”, “you”, or “your”) by 1Locol Technologies LTD, registered at:

69 The Junction The Crossings Lucan, Co. Dublin Ireland K78 T6W8

(“1Locol”, “Licensor”, “we”, “us”, or “our”).

By downloading, installing, accessing, or using the Licensed Application from Apple’s App Store, Google Play, or another authorised software distribution platform, you agree to be bound by this Agreement.

Apple’s App Store and Google Play are referred to in this Agreement, where appropriate, as the “App Stores”.

1Locol Technologies LTD and the End-User acknowledge that this Agreement is concluded between 1Locol Technologies LTD and the End-User only, and not with Apple, Google, or any other App Store operator. 1Locol Technologies LTD, not the App Store operator, is solely responsible for the Licensed Application and its content, subject to this Agreement and applicable law.

This Agreement is intended to operate consistently with the applicable terms and usage rules of the App Stores through which the Licensed Application is distributed.

The Licensed Application is made available for supported devices operating Apple’s iOS or Google’s Android operating systems.

Nothing in this Agreement limits any rights that cannot lawfully be excluded or restricted under applicable consumer law.

1. THE APPLICATION

1Locol (“Licensed Application”) is software created to provide international travellers with a digital platform for accessing travel services, local connectivity, destination information, and payment-related services through integrated third-party providers.

The Licensed Application may be used to:

purchase and manage eSIM connectivity;
access destination-specific travel information and services;
access supported payment-related services;
manage eligible travel products and services; and
use other features made available by 1Locol from time to time.

The Licensed Application may be subject to applicable laws and regulations relating to consumer protection, data protection and privacy, telecommunications and eSIM services, travel services, and payment-related services.

Certain regulated financial, payment, identity-verification, telecommunications, or connectivity services made available through the Licensed Application may be provided by independent third-party providers responsible for complying with the regulatory obligations applicable to the services they provide.

Nothing in this Agreement should be interpreted as representing that 1Locol holds a regulatory licence or authorisation unless expressly stated.

2. SCOPE OF LICENCE

2.1 Licence Grant

You are granted a non-transferable, non-exclusive, non-sublicensable licence to install and use the Licensed Application on compatible devices that you own or control, subject to this Agreement and the applicable App Store Usage Rules. For a Licensed Application obtained through Apple’s App Store, this licence applies to Apple-branded products that you own or control and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions.

Where permitted by the applicable App Store, the Licensed Application may also be accessed through Family Sharing, volume purchasing, or equivalent functionality.

2.2 Updates

This licence also applies to updates, patches, repairs, modifications, or replacements supplied by 1Locol for the Licensed Application unless a separate licence is expressly provided with an update.

2.3 Distribution and Transfer

You may not sell, rent, lend, lease, sublicense, redistribute, or otherwise commercially make the Licensed Application available to third parties except where expressly permitted by:

this Agreement;
the applicable App Store Usage Rules;
applicable law; or
1Locol’s prior written consent.

2.4 Reverse Engineering and Modification

You may not reverse engineer, translate, disassemble, decompile, modify, combine, create derivative works from, adapt, or attempt to derive the source code of the Licensed Application or any part of it, except with 1Locol Technologies LTD’s prior written consent or to the extent expressly permitted by applicable law.

2.5 Copying and Intellectual Property Notices

You may not copy or alter the Licensed Application except where expressly permitted by this Agreement, applicable App Store Usage Rules, or applicable law.

You may not remove, obscure, or alter copyright, trademark, proprietary, or other intellectual property notices contained within the Licensed Application.

If you transfer ownership of a device on which the Licensed Application is installed, you should remove the Licensed Application and any locally stored account information from that device before transferring it.

2.6 Changes to Licence Terms

1Locol may update or modify the terms of this Agreement from time to time where reasonably necessary for legal, regulatory, security, technical, product, or operational reasons.

Where required by applicable law, we will provide reasonable notice of material changes.

Any modification affecting a continuing paid digital service or material functionality of the Licensed Application will be made without additional cost to you. If it negatively affects your access to or use of that service or functionality beyond a minor degree, we will notify you reasonably in advance on a durable medium of the nature and timing of the change and of your right to terminate the affected service without charge, unless we enable you to retain the unmodified version without additional cost and it remains in conformity with the contract.

Where that termination right applies, you may exercise it by contacting us within 30 days after the later of receiving the advance notice or the modification taking effect. We will provide any reimbursement or other remedy required by applicable law.

No modification to this Agreement will remove or limit rights that cannot lawfully be excluded or restricted.

2.7 Third-Party Terms

Nothing in this Agreement restricts the operation of applicable third-party terms.

When using the Licensed Application or services made available through it, you must comply with any applicable terms imposed by relevant App Stores, operating-system providers, telecommunications providers, payment providers, or other third-party services.

3. TECHNICAL REQUIREMENTS

3.1 Device Compatibility

You are responsible for ensuring that the device on which you intend to use the Licensed Application meets the technical and compatibility requirements communicated by 1Locol.

Compatibility with the Licensed Application does not necessarily mean that your device is compatible with every product or service available through it.

For example, use of an eSIM may require:

an eSIM-compatible device;
an unlocked device;
a supported operating-system version; and
other technical requirements applicable to the relevant connectivity service.

3.2 Changes to Technical Requirements

1Locol may update the technical requirements of the Licensed Application from time to time where reasonably necessary for security, compatibility, functionality, legal, regulatory, or operational reasons.

Material changes will be communicated in accordance with Section 2.6 where required by applicable law and will not affect rights that cannot lawfully be excluded or limited.

4. MAINTENANCE AND SUPPORT

1Locol Technologies LTD is responsible for maintenance and support relating to the Licensed Application to the extent required by applicable law or expressly agreed with you.

You may contact us using the details in Section 12.

Apple and Google have no obligation to provide maintenance or support for the Licensed Application except to the extent expressly provided under their own applicable terms.

5. USE OF DATA

1Locol may process personal data and technical information in connection with your use of the Licensed Application.

Our processing of personal data is governed by our Privacy Policy:

https://1locol.com/privacy/

Depending on how you use the Licensed Application, information processed may include:

account information;
device and operating-system information;
network and connectivity information;
diagnostic information;
usage information;
transaction information;
eSIM and connectivity information;
identity-verification information where applicable; and
other information necessary to operate, secure, support, and improve the Licensed Application and related Services.

Personal data is processed in accordance with our Privacy Policy and applicable data protection law.

6. USER CONTENT

The Licensed Application does not currently provide a general public feature that allows users to publish content for other users.

You may nevertheless provide information or materials to 1Locol through:

customer-support communications;
feedback tools;
account features;
document-upload features;
screenshots;
photographs;
comments; or
other functionality made available through the Licensed Application.

You represent that you have the right to provide any information or material that you submit and that doing so does not violate applicable law or the rights of another person.

Any personal data contained in such material will be processed in accordance with our Privacy Policy.

7. FEEDBACK

If you provide suggestions, ideas, comments, recommendations, or other feedback concerning the Licensed Application, you grant 1Locol permission to use that feedback for the purposes of developing, improving, operating, and promoting our products and services without compensation to you.

This does not transfer ownership of personal content or intellectual property that you otherwise own.

8. LIABILITY

To the maximum extent permitted by applicable law, 1Locol will not be liable for indirect, incidental, special, or consequential losses arising from the use of the Licensed Application, except where such liability cannot lawfully be excluded or limited.

Nothing in this Agreement excludes or limits liability for:

fraud or fraudulent misrepresentation;
death or personal injury caused by negligence;
breach of statutory consumer rights; or
any other liability that cannot lawfully be excluded or limited.

1Locol is not responsible for loss or damage caused by:

unauthorised modification of the Licensed Application;
misuse of the Licensed Application;
use of unsupported or incompatible devices;
failure to follow reasonable security or technical instructions; or
circumstances attributable solely to the End-User,

except to the extent that 1Locol remains responsible under applicable law.

Where the Licensed Application depends on independent third-party networks, telecommunications providers, roaming partners, payment providers, operating systems, App Stores, or other external services, 1Locol is not responsible for interruptions or failures caused solely by those independent third parties, except where 1Locol remains legally responsible for the affected service.

9. WARRANTY AND CONFORMITY

9.1 Statutory Standards

1Locol will provide the Licensed Application with the level of conformity, functionality, quality, and security required by applicable law.

We take reasonable measures designed to protect the Licensed Application against malicious software and security vulnerabilities.

9.2 Circumstances Outside Our Responsibility

1Locol is not responsible for failures caused solely by:

an unsupported or incompatible device;
unauthorised modification of the Licensed Application;
misuse of the Licensed Application;
incompatible third-party hardware or software;
failure to install required updates where reasonably necessary for security or compatibility; or
circumstances outside 1Locol’s reasonable control,

except where 1Locol remains responsible under applicable law.

9.3 Reporting Problems

If you experience a defect or other problem with the Licensed Application, please notify us as soon as reasonably practicable using the contact information in Section 12.

No contractual notification period in this Agreement limits a statutory right or limitation period available to you under applicable consumer law.

9.4 Remedies

Where the Licensed Application does not conform with this Agreement or applicable consumer law, 1Locol will provide any remedy to which you are legally entitled.

Depending on the circumstances and applicable law, remedies may include:

bringing the Licensed Application into conformity;
repair or correction;
replacement;
price reduction;
termination; or
refund.

9.5 Apple App Store Warranty

For a Licensed Application obtained through Apple’s App Store, if the Licensed Application fails to conform to an applicable warranty, you may notify Apple and Apple may refund the purchase price, if any, in accordance with Apple’s applicable terms.

To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Licensed Application.

1Locol Technologies LTD remains responsible for any other applicable warranty obligations relating to the Licensed Application.

9.6 Statutory Rights

Nothing in this Agreement limits statutory limitation periods, warranties, guarantees, remedies, or consumer rights that cannot lawfully be reduced or excluded by agreement.

10. PRODUCT CLAIMS

1Locol Technologies LTD and the End-User acknowledge that 1Locol Technologies LTD, and not Apple or Google, is responsible for addressing claims relating to the Licensed Application or your possession or use of the Licensed Application, including:

product-liability claims;
claims that the Licensed Application fails to conform to an applicable legal or regulatory requirement; and
claims arising under applicable consumer-protection, data-protection, privacy, or similar legislation.

This does not make 1Locol responsible for an independent third-party product or service where responsibility for that product or service legally rests with the relevant third-party provider.

Nothing in this section limits any responsibility 1Locol has under applicable law.

11. LEGAL COMPLIANCE

You represent and warrant that:

you are not located in a country or territory that is subject to an applicable United States Government embargo or that has been designated by the United States Government as a country supporting terrorism; and
you are not listed on any applicable United States Government list of prohibited or restricted parties.

You must also comply with any other applicable sanctions, export-control, trade-restriction, or similar laws governing your use of the Licensed Application.

12. CONTACT INFORMATION

For general enquiries, complaints, technical-support requests, questions, or claims concerning the Licensed Application, contact:

1Locol Technologies LTD 69 The Junction The Crossings Lucan, Co. Dublin Ireland K78 T6W8

Email: support@1locol.com

Telephone: (+353) 89 978 3208

Privacy-related enquiries should be sent to:

privacy@1locol.com

13. TERMINATION

This licence remains valid until terminated by you or 1Locol.

You may terminate the licence by ceasing use of the Licensed Application and uninstalling it from your devices.

1Locol may suspend or terminate your right to use the Licensed Application where:

you materially breach this Agreement;
your use creates a security, fraud, legal, or regulatory risk;
suspension or termination is required by law;
continued use would materially threaten the integrity or security of the Licensed Application or related Services; or
another termination right expressly provided in our applicable Terms of Service applies.

Where required by applicable law, we will provide appropriate notice and an opportunity to remedy a breach before termination.

Following termination, you must cease using the Licensed Application and remove copies under your control, subject to any rights or obligations that survive termination.

Termination of this software licence does not remove any rights or obligations arising from transactions completed before termination.

14. THIRD-PARTY TERMS AND BENEFICIARIES

You must comply with applicable third-party terms when using the Licensed Application, including applicable terms of:

Apple’s App Store;
Google Play;
operating-system providers;
telecommunications providers;
mobile network and roaming providers;
payment providers; and
other third-party services used through the Licensed Application.

For Licensed Applications obtained through Apple’s App Store, Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement.

Upon your acceptance of this Agreement, Apple will have the right to enforce this Agreement against you as a third-party beneficiary to the extent required by Apple’s applicable terms.

Google is not a party to this Agreement and has no obligations under it except to the extent expressly provided by applicable Google Play terms.

15. INTELLECTUAL PROPERTY RIGHTS

The Licensed Application and all intellectual property rights associated with it are owned by or licensed to 1Locol Technologies LTD.

Except for the limited licence expressly granted under this Agreement, no ownership or intellectual property rights in the Licensed Application are transferred to you.

If a third party claims that the Licensed Application, or your possession or use of it, infringes that third party’s intellectual property rights, 1Locol Technologies LTD will be responsible for the investigation, defence, settlement, and discharge of the claim to the extent required by applicable law.

For applications obtained through Apple’s App Store, Apple is not responsible for investigating, defending, settling, or discharging such intellectual-property claims.

16. APPLICABLE LAW

This Agreement is governed by the laws of Ireland, without regard to its conflict-of-laws rules.

If you are a consumer resident in another country, you will also retain the benefit of any mandatory protections provided by the laws of your country of residence that cannot lawfully be excluded or limited by agreement.

Nothing in this Agreement restricts any right you may have to bring proceedings before a court or other forum available to you under applicable consumer law.

17. MISCELLANEOUS

17.1 Severability

If any provision of this Agreement is found to be invalid, unlawful, or unenforceable, that provision will be interpreted or limited to the minimum extent necessary to make it valid and enforceable where legally possible.

The remaining provisions will continue in full force and effect.

This Agreement governs the licence to use the Licensed Application.

Your use of particular 1Locol products or services may also be subject to our:

Terms of Service;
Privacy Policy;
Refund Policy;
Acceptable Use Policy; and
any product-specific or third-party terms presented to you.

Where this Agreement conflicts with a mandatory right under applicable law, the mandatory legal requirement will prevail.

Subject to mandatory law, the following order applies where these documents address the same matter:

product- or order-specific terms control for the relevant product or order;
this Agreement controls software-licensing and use-of-application matters;
the Refund Policy controls 1Locol’s voluntary cancellation and refund rules, but does not limit statutory cancellation rights or remedies;
an independent provider’s terms control only that provider’s underlying service where those terms were disclosed and apply to you;
the Acceptable Use Policy controls acceptable-use matters; and
the Terms of Service control all other platform and service matters.

No independent provider’s terms replace or reduce an obligation that 1Locol owes you as the contractual supplier of an eSIM plan purchased directly from 1Locol.

17.3 No Waiver

A failure by 1Locol to enforce any provision of this Agreement does not constitute a waiver of that provision or of the right to enforce it later.

17.4 Electronic Communications

Where permitted by applicable law, notices and communications relating to this Agreement may be provided electronically, including through the Licensed Application, by email, or through the 1Locol website.