Contract Digital Republic Connect
Mobile prepaid services
The present contract "Digital Republic Connect Mobile prepaid services" (hereinafter the "Contract") is concluded between Digital Republic AG, c/o The Hub Zurich Association, Sihlquai 131/133, 8005 Zurich, Switzerland (hereinafter "Digital Republic") and you as user of the Digital Republic Connect service (hereinafter the "Customer").
2. Subject of the Contract
The subject of this Contract is the provision of the Digital Republic Connect service (hereinafter the "Service") by Digital Republic and the use of the Service by the Customer. The Service includes mobile data communication services via a prepaid SIM card or a eSIM profile. The prepaid SIM card or the eSIM profile is intended for use in Internet of Things (IoT) end devices and cannot be used for voice and SMS/MMS communication.
3. Registration and acceptance of the Contract
By completing his information and the registration, the Customer confirms that he has taken note of this Contract and has accepted it without any changes. The Customer further confirms the accuracy of his information. The Customer is liable to Digital Republic for the accuracy of his information and for any damages resulting from incorrect or incomplete information. The prepaid SIM card or eSIM profile will only be activated after legally compliant registration of the Customer. If after the completion of the registration it is found out that the Customer has provided incorrect or incomplete information or that he has uploaded inadequate identification documents, Digital Republic may request the correction or completion of the information or identification documents or deactivate an already activated prepaid SIM card or active eSIM profile without any compensation.
Digital Republic also reserves the right to refuse the registration of several SIM cards or eSIM profiles registered on the same person in case of suspicion of misuse.
4. Entry into force, term and termination
The Contract enters into force with the activation of the prepaid SIM card or eSIM profile stored inside the Customers device and is concluded for an unlimited term. Digital Republic may terminate the Contract at any time by giving 30 days' notice to the end of a calendar month. The Customer will be informed in a suitable manner about the termination (e.g. via e-mail).
After six months of non-use of the Service, Digital Republic may terminate the Contract with immediate effect and without any compensation, whereby the Customer will usually notified in advance. Further, Digital Republic may terminate the Contract with immediate effect and without any compensation in the event of a breach of contract by the Customer (e.g. in the case of incorrect or incomplete information in connection with the registration) or in the event of discontinuation of the Service. The Customer will be informed in a suitable manner about the termination (e.g. via e-mail). In the event of a breach of contract by the Customer, Digital Republic may suspend the Service (including the Customer account) immediately and without compensation.
Upon termination of the Contract, the corresponding prepaid SIM card or eSIM profile becomes invalid, the credit (data package) expires and the phone number and other addressing elements are returned to Digital Republic without any compensation.
The currently valid prices/tariffs for the use of the Service as well as information for charging/reloading the credit of the prepaid SIM card or eSIM profile can be found in the customer portal.
When purchasing data packages, their prices and their respective validity periods are published in the customer portal. The data packages may be used in Switzerland and abroad (list of countries on the website of Digital Republic). If the Customer has not selected an automatic renewal of the data package, the credit expires after the validity period of the data package has elapsed and the Service can no longer be used. After complete use of the credit ("zero" credit), the Service can also no longer be used. The Customer is responsible in this case for the timely purchase of a new data package. The automatic renewal of the data package can be activated or deactivated at any time via the customer portal.
The meter reading of the Digital Republic billing system is used to determine the respective credit. Credit can neither be refunded nor transferred to other mobile service providers.
Digital Republic may also announce prices/tariffs immediately prior to the use of a particular Service on its website or in any other suitable manner.
6. Use of the service
The use of the Service requires a qualified device (incl. associated software and eSIM) to be used by the Customer. The Customer is responsible for the acquisition, installation, functionality and legal conformity of the above-mentioned device. If the Customer uses a device with a permanently installed SIM chip (eSIM) to use the Services, the SIM chip is a component of the Customer’s device.
Digital Republic does not grant the Customer any investment protection. For the purpose of maintenance, configuration, optimization or expansion of the provided Service Digital Republic and the network operator may at any time remotely access the Customer's mobile device through the cellular network and view, modify, update or delete specific technical data or software stored on the device.
In the context of remote maintenance Digital Republic or the network operator will gain access to the Customer's data pertaining to the configuration of the device as well as the service. This applies in particular to updates of the prepaid SIM card or the eSIM profile (e.g. security certificates). Digital Republic accepts no liability for any damage or malfunction to the Customer's device or equipment after a remote maintenance has been performed, unless it can be proven that any subsequent damage or malfunction was directly caused by Digital Republic's remote maintenance.
The service is intended for private use to the customary extent. If the use of the service deviates significantly from customary private use, Digital Republic reserves the right to take appropriate measures (e.g. suspension of the service, limitation of transmission speed).
For support mattes, an FAQ with frequent questions/answers as well as a contact form is available to the Customer in the customer portal. Digital Republic endeavours to answer support requests as quickly as possible.
If required for regulatory, operational or technical reasons, Digital Republic may withdraw or change phone numbers and other addressing elements without any compensation. A porting of the phone number and other addressing elements to another mobile service provider is not possible for technical reasons.
The Customer accepts that due to the use of the prepaid SIM card or eSIM profile in devices and the exclusion of voice and SMS/MMS communication, the purchase or blocking of value-added services is excluded. Accordingly, the display or suppression of the phone number is also excluded. It is not possible to enter the phone number and other details of the Customer in a directory. In addition, the Customer waives the the automatic notification of roaming prices (tariff notification) on his end device in the event of cross-border use of the service. Activation/deactivation of this notification is not possible.
The provision of Services via the prepaid SIM card to own customers (resale), in particular, the provision of telecommunication services, is not permitted.
The Customer is responsible for a legally and contractually compliant use of the service, also by third parties.
The electromagnetic fields caused by the transmitting and receiving equipment of the respective mobile service provider or by end devices may interfere with other devices (e.g. hearing aids, pacemakers or domestic appliances) in their function. In order to prevent interference, the safety and usage conditions specified by the manufacturers must be observed and a sufficiently large distance must be maintained. The Customer informs himself about prohibitions and restrictions on usage (e.g. road traffic, air traffic) and observes them.
The prepaid SIM card remains the property of Digital Republic at all times. Upon termination of the Contract, the prepaid SIM card does not have to be returned. The Customer is however obliged to destroy it.
7. Data protection
The responsible and legally compliant handling of data is important to Digital Republic. Digital Republic adheres at all times to the applicable law, in particular, the Swiss telecommunications and data protection law. Digital Republic only collects, stores and processes data required for the purposes of regulatory compliance, service delivery and development, including ensuring a high service quality, security of operations and infrastructure, execution of the Contract, settlement and maintenance of the Customer relationship as well as billing.
The Customer agrees that Digital Republic may use his data for the needs-based design and development of its Services and for customized offerings and that his data may be processed for the same purposes within the Digital Republic group.
The Customer acknowledges and expressly agrees that for the provision of the service a collection, storage and processing of personal data and other data relating to the Customer (hereinafter the "Data") by Digital Republic and involved third parties in Switzerland and abroad (e.g. mobile service providers, software or platform suppliers, distribution partners and third parties in the area of payment processing, debt collection and customer identification) is required. Such a collection, storage and processing of Data relates in particular to the traffic data/usage data of the prepaid SIM card data connections (including date, time, duration, data volume, etc.), the data collected in the context of registration (including first name/last name, address, nationality, date of birth, e-mail address, phone number, copy of the identification document, etc.) as well as other data (e.g. contract data, customer activity data such as information on the purchase of data packages and the use of the customer portal, payment information, evaluations, etc.). The involved third parties only collect, store and process the data necessary for the provision of their Services. However, the Customer expressly agrees that Digital Republic's distribution partners will also use the Data for marketing and promotional purposes.
If the Customer procures services of third parties via the mobile network, Digital Republic may disclose those data to such third parties which are necessary for the provision of such services as well as for debt collection.
Digital Republic is obliged to provide the competent authorities, upon their request, with information about the Customer and the processed data in accordance with legal requirements.
The Customer has the right to receive information in writing and without any costs about his personal data processed by Digital Republic and involved third parties at any time. Likewise, the Customer has the right to demand the correction of incorrect personal data. The Customer is also entitled to demand deletion of his personal data unless Digital Republic is required by law to retain certain personal data. Corresponding requests can be sent by the Customer to the following e-mail address by attaching a copy of his identification document: firstname.lastname@example.org
8. Warranty and liability
There are no representations or warranties regarding availability, quality, security, operation or support. In particular, there is no representation or warranty regarding mobile communications technologies and mobile communications coverage. So-called radio shadows are also possible in the areas designated as "covered" and in particular in buildings or vehicles. In the event of any outages or disruptions, Digital Republic will endeavor, reasonably and in a manner that is customary in the industry, to use the resources at its disposal to provide the service or remedy the defect, without giving any assurance ("best effort"). The liability of Digital Republic and the warranty claims of the Customer are excluded to the extent legally permissible.
9. Customer responsibilities
The Services of Digital Republic are intended exclusively for usual and average private use for private customers and exclusively for usual and average commercial use for business customers. This refers to the usual use of the connection in a mobile terminal for data connections.
The Customer is responsible for both the security and the protection of the qualified device (incl. associated software and eSIM) in possession against unauthorized access by third parties. Therefore the Customer shall take the appropriate and necessary steps to prevent a device equipped with an eSIM profile from being utilized for the distribution of illegal or harmful content such as unfair mass advertising (spam), malicious messages (e.g. phishing e-mails/SMS), fraudulent websites or harmful software (e.g. viruses, Trojan horses, worms, etc.). If a Customer's device is deemed potentially harmful or disruptive to Digital Republic or any unrelated third party, Digital Republic reserves the right to immediately suspend the Service, terminate the Customer's device from the cellular network and claim damages without prior notice and without compensation.
The Customer is responsible for the legal and contractual use of the Services. Furthermore, the Services may not be misused. The following in particular shall be deemed to be contrary to law or contract and/or abusive:
- a misuse or use that is not in accordance with the intended purpose of the Services
- Hacking (e.g. intrusion attempts into the infrastructure of third parties), spying on other users or their data and fraudulent attacks (e.g. phishing),
- the transmission or disclosure of illegal or immoral content,
- the commercial redistribution of the Services or the provision of telecommunications services based on the Services purchased,
- the distribution of unfair mass advertising (spam),
- the distribution of harmful software (e.g. viruses, Trojans, etc.),
- the connection of incompatible devices to the infrastructure of the network operator,
- unauthorised access to or use of data, systems and network elements,
- excessive use that leads or may lead to system or network overload.
The Customer is required to immediately report any theft or loss related to a prepaid SIM card or any device equipped with an activated eSIM profile to Digital Republic at email@example.com. Up to this point in time, the Cusomer must in any case pay for the Services purchased via the corresponding connection (e.g. in the event of interim use of the connection by unauthorised third parties).
10. Passing on the prepaid SIM card
If the prepaid SIM card or a device with an active eSIM profile is passed on by the Customer, the name, address and further details of the Customer will still be provided to the competent authorities upon their request. If criminally relevant acts are committed using the passed-on prepaid SIM card, the Customer may possibly be prosecuted for assistance, complicity or favoritism.
Digital Republic is entitled to change the Service and the prices/tariffs at any time without any compensation and to adjust the Contract. In particular, in order to optimize or extend its Services, Digital Republic is at all times entitled to load corresponding data (e.g. security certificates) or software onto the prepaid SIM card over the mobile network. Further, Digital Republic is entitled to discontinue the Service at any time wholly or partially without any compensation. Digital Republic will inform the Customer about changes to the Service or the prices/tariffs as well as about contract adjustments in the customer portal or on its website. Due to such changes and adjustments, there is no right to extraordinary termination of this Contract.
12. Further provisions
Digital Republic may assign and transfer this Contract or any individual rights and obligations therefrom at any time with the effect of full discharge to another company of the Digital Republic group or to a third party.
The Contract is subject to Swiss law. The place of jurisdiction is Zurich, Switzerland. Mandatory jurisdictions are reserved.