Roamance General Terms of Service

1. Identification of the Service operator and purpose of the Service

The Service marketed under the ROAMANCE brand is published, operated and provided by FRANCE NUMERIQUE, a Société par Actions Simplifiée with share capital of 38,895,240 euros, having its registered office at 150 boulevard Victor Hugo - 93400 - Saint-Ouen-sur-Seine, registered with the RCS Bobigny under SIRET number 84036174500010 and whose intra-Community VAT number is FR54840361745. FRANCE NUMERIQUE is the only legal entity with authority to contract with the Customer under these General Terms of Service.

ROAMANCE is a commercial brand published and operated by FRANCE NUMERIQUE and does not have legal personality.

Consequently, any reference in these General Terms to "ROAMANCE" shall be understood as referring to FRANCE NUMERIQUE, acting under the ROAMANCE brand, except where the term is used solely to designate the brand, the application, the website or the associated commercial environment.

The ROAMANCE service (the "Service") is offered through the ROAMANCE website accessible at https://roamance.io and the ROAMANCE mobile application (together, the "ROAMANCE Interfaces"), subject to the availability of a device compatible with eSIM technology.

The Service consists in marketing prepaid cellular data packages, usable for a specified period, enabling the Customer to access mobile internet via GPRS, Edge, UMTS, HSPA (3G+), 4G or 5G technologies in France and/or internationally according to the network coverage area available from the partner operator (the "Data Plans").

The Service may not be available in all countries, on all networks, or on all devices. It remains in any event subject to these General Terms of Service (the "GTS").

2. Acceptance of the General Terms of Service

Any creation of an account, subscription, purchase, top-up, installation or use of a ROAMANCE eSIM entails full, complete and unreserved acceptance of these General Terms of Service by the Customer.

The Customer acknowledges having reviewed, prior to any order, these General Terms of Service, the Privacy Policy and, where applicable, the Cookie Policy applicable via the ROAMANCE Interfaces.

3. Account creation and registration

To purchase an eSIM or top up a Data Plan, the Customer must create an account on the ROAMANCE application by providing the requested information, in particular last name, first name, e-mail address and mobile phone number. The Customer may also purchase an eSIM through the website https://roamance.io by entering their data.

The Customer undertakes to provide accurate, complete and up-to-date information, not to impersonate a third party, and not to create an account using inaccurate, misleading or fraudulent information. Furthermore, the Customer is solely responsible for the confidentiality of their login credentials, the personal information provided and any use of their account.

4. Prerequisite technical conditions

The Customer declares that they have, prior to any order and throughout the entire period of use of the Service:

• a mobile device or interpersonal data exchange equipment compatible with eSIM technology
• an unlocked device or equipment, not subject to a carrier lock ("simlocked") incompatible with the Service
• a cellular data or Wi-Fi internet connection sufficient to carry out the purchase, receipt, download, installation, activation and, where applicable, top-up of the ROAMANCE eSIM
• the software version and technical settings required for the proper functioning of the Service.

ROAMANCE shall not be held liable for the inability to use the Service resulting from device incompatibility, a locked device, a configuration defect or misuse by the Customer.

5. Subscription, purchase, installation and activation of the eSIM

5.1 Purchase of an eSIM

The purchase of a ROAMANCE eSIM constitutes acceptance of the price, characteristics and conditions of the chosen Data Plan, as well as a firm commitment to pay all sums due under the order.

Once the order has been validated and payment accepted, the eSIM and/or the corresponding Data Plan are made available to the Customer according to the terms specified within the ROAMANCE Interfaces.

5.2 Installation

The installation of the eSIM is carried out in accordance with the flow proposed by ROAMANCE. The Customer acknowledges that a stable cellular data or Wi-Fi internet connection is necessary to download and install the eSIM.

Once installed on the compatible device, the eSIM may remain present and stay active on the device after the exhaustion or expiration of the Data Plan.

The Customer may remove it at any time from the settings of their device. ROAMANCE nevertheless recommends not removing the eSIM before the complete exhaustion or expiration of the active Data Plan, nor before any possible top-up. Any deletion of an eSIM installed on a device shall be final and the initial QR code rendered unusable. Accordingly, the Customer will have to purchase a new ROAMANCE eSIM in order to benefit from the service again.

5.3 Activation

Unless otherwise indicated in the relevant offer, activation of the Data Plan and the start of its validity period occur upon the first actual use of the mobile data service on the partner network.

The Customer has a period of three (3) months from the purchase of the ROAMANCE eSIM to begin the consumption of their data plan, regardless of the date of installation/activation of the eSIM in their device. Beyond this period, the initial data plan will be irretrievably deleted and lost.

The Customer is solely responsible for the activation and use of the eSIM on their device.

5.4 Liability related to the eSIM

As soon as it is made available, the Customer is solely responsible for the preservation, use and, where applicable, deletion of the eSIM from their device.

6. Top-ups

Top-ups of ROAMANCE Data Plans are carried out exclusively from the ROAMANCE application; the website https://www.roamance.io only allows the purchase of an eSIM.

No top-up may be performed through any channel other than the ROAMANCE application.

Upon top-up, the initial plan will be updated with the newly subscribed data allowance and the new validity period. Each top-up is subject to these GTS as well as to the pricing and commercial conditions of the offer displayed at the time of the order.

7. Consumption monitoring, order history and account management

7.1 Consumption monitoring

The monitoring of internet data consumption, namely the remaining data volume and its validity period under the subscribed Data Plan, is available exclusively via the ROAMANCE application.

The Customer expressly acknowledges that this information is not accessible via the ROAMANCE website.

7.2 Order history

The Customer's order history may be consulted exclusively via the ROAMANCE application.

This history is not accessible on the ROAMANCE website.

7.3 Account management

Certain account management features may differ between the ROAMANCE website and application. The Customer is informed that the application constitutes the primary interface for monitoring and managing the Service.

The Customer acknowledges that certain features of the Service rely exclusively on the ROAMANCE application, which may be subject to changes, technical limitations or temporary unavailability.

ROAMANCE shall not be held liable for the consequences of any unavailability or malfunction of these features, in particular regarding consumption monitoring or account management.

8. Duration, expiration and termination of the Service

These General Terms of Service enter into force upon validation of the order by the Customer.

The Service remains active until the earliest of the following dates:

• exhaustion of the data allowance of the subscribed Plan
• expiration of the validity period of the subscribed Plan
• suspension or termination of the Service by ROAMANCE in the event of a breach by the Customer of these GTS or of applicable regulations

Upon expiration or exhaustion of the Data Plan, the Customer may, depending on available offers, proceed with a top-up under the conditions of article 6.

ROAMANCE reserves the right, at its sole discretion and subject to compliance with its legal obligations, to discontinue the marketing, provision or support of all or part of the Service.

9. Availability of the Service

ROAMANCE strives to make the Service available within the limits of its resources and those of its technical providers and partner operators.

ROAMANCE does not guarantee continuity, absence of interruption, minimum quality, network coverage, or a specific speed. The Service may be unavailable or degraded, in particular:

• in the event of maintenance operations, updates or technical interventions
• in areas not covered or poorly covered by partner networks
• in the event of an incident affecting telecommunications networks
• due to the characteristics, settings, limitations or malfunctions of the Customer's device
• due to regulatory constraints, technical hazards, radio interference, physical obstacles or external conditions beyond ROAMANCE's control

The Customer acknowledges that the Service relies on third-party telecommunications infrastructures over which ROAMANCE exercises no direct control.

The Service shall under no circumstances be treated as a guaranteed service or a critical service, in particular for professional use.

10. Conditions of use of the Service

The Customer undertakes to use the Service:

• in accordance with these GTS
• in accordance with the laws and regulations applicable in the country from which they use the Service
• in a fair, reasonable and non-fraudulent manner

In particular, the Customer is prohibited from:

• using the eSIM or the Service for fraudulent, unlawful or abusive purposes, or in a manner liable to impair the operation of the networks;
• infringing the intellectual property rights of ROAMANCE or third parties;
• copying, reproducing, distributing, misappropriating or commercially exploiting any element of the ROAMANCE Interfaces without authorization;
• creating false accounts or using false identities;
• diverting the Service from its normal purpose of access to mobile data communications.

ROAMANCE reserves the right to suspend or terminate all or part of the Service, to delete the Customer's account and/or to refuse any new order in the event of a breach of these GTS, without prejudice to any claim for damages.

11. Data Plans, unlimited offers and connection sharing

11.1 Data Plans

The essential characteristics of the Data Plans marketed by ROAMANCE, in particular their geographical scopes, data volumes, validity periods and prices, are those displayed at the time of the order.

11.2 So-called "unlimited" offers

For offers presented as "unlimited" including an unlimited international data plan, data usage is subject to a daily consumption cap of five (5) Gigabytes (GB).

Beyond this daily cap, the use of the ROAMANCE service will be restricted without this calling into question the commercial qualification of the offer concerned.

11.3 Connection sharing

Connection sharing (access point / hotspot) is permitted within the framework of the Service, without specific limitation on the part of ROAMANCE, subject to:

• the technical characteristics of the Customer's device
• the compatibility of partner networks
• compliance with these GTS and, where applicable, the daily cap applicable to so-called unlimited offers

12. Prices and payment terms

12.1 Prices

The prices of Data Plans, top-ups and related services are indicated on the ROAMANCE Interfaces at the time of the order.

Unless otherwise indicated, prices are expressed inclusive of all taxes.

12.2 Currency

• All transactions are payable exclusively in euros (€).

12.3 Accepted means of payment

The means of payment accepted by ROAMANCE are exclusively the following:

• Carte Bleue VISA
• Carte Bleue MASTERCARD
• Google Pay
• Apple Pay

The availability of certain means of payment may depend on the device used, the operating system, the browser, the geographical area or the configuration of the Customer's account.

12.4 Prepayment

All ROAMANCE Services are provided on a prepaid basis. No Service is activated and no top-up is executed before full validation of the payment.

12.5 Registration of the means of payment

The Customer may, when this functionality is offered, register a means of payment to facilitate their subsequent purchases.

They may delete the registered means of payment from the features made available to them.

If a modification is desired, the Customer must delete the existing data and then register a new means of payment.

13. Waiver of the right of withdrawal

In accordance with the provisions of article L.221-28-1° of the French Consumer Code, the Customer expressly acknowledges and accepts that the provision of the Service begins immediately after validation of the order when the eSIM is delivered, downloaded, activated or when a top-up is executed without delay.

Consequently, where the performance of the Service has begun with the Customer's express prior consent and express waiver of their right of withdrawal, the Customer no longer benefits from the fourteen (14)-day right of withdrawal.

Purchases of eSIMs and top-ups whose performance has begun are therefore firm and final and cannot give rise to exchange or refund, except in the cases expressly provided for in article 14 or pursuant to a mandatory legal provision.

For cases in which the right of withdrawal would remain applicable, the Customer may notify their decision by an unambiguous declaration sent by e-mail to customer@roamance.io or by post to the following address:

FRANCE NUMERIQUE

ROAMANCE Customer Service

150 boulevard Victor Hugo - 93400- Saint-Ouen-sur-Seine

14. Refund policy

A Customer who considers that the Service has not been provided in accordance with these GTS or their legal rights must address their request to ROAMANCE via the customer support accessible in accordance with article 18.

A full or partial refund may be granted, after analysis of the file, in particular in the following cases:

• the eSIM or Data Plan was purchased directly from ROAMANCE via the website or application, and not through an intermediary or third-party platform
• the eSIM has not been activated
• the refund request is submitted within a maximum period of six (6) months from the purchase
• a proven malfunction attributable to ROAMANCE prevented normal use of the Service

Unless otherwise provided by law, no refund will be due where the inability to use the Service results from:

• device incompatibility
• carrier locking of the device
• improper installation, configuration or handling by the Customer
• network unavailability beyond ROAMANCE's control that does not render the Service entirely unusable
• total or partial consumption already carried out

The refund cases provided for in this article constitute the only financial compensation that may be granted to the Customer in respect of the Service.

No other indemnification, in particular for economic, commercial or data-loss damages, may be claimed.

15. Intellectual property

The eSIM, the ROAMANCE application, the ROAMANCE website, as well as all their contents, features, software, databases, texts, images, graphics, logos, trademarks, distinctive signs, corporate names and domain names (together, the "Protected Elements") are protected by applicable intellectual property rights and remain the exclusive property of FRANCE NUMERIQUE.

No property right or implicit license is granted to the Customer over the Protected Elements, other than the right strictly necessary for normal use of the Service in accordance with these GTS.

Any unauthorized reproduction, representation, adaptation, distribution, extraction, exploitation, commercialization or use of the Protected Elements is prohibited.

16. Personal data

In the context of the provision of the Service, ROAMANCE processes the Customer's personal data in accordance with applicable regulations on the protection of personal data.

These processing activities have, in particular, the following purposes:

• creation and management of the Customer account;
• provision of the Service;
• management of orders, payments, top-ups and refunds;
• monitoring of the customer relationship;
• fraud prevention and service security;
• improvement of the Service.

The Customer may consult ROAMANCE's Privacy and Personal Data Protection Policy as well as the Cookie Policy on the ROAMANCE website and application in order to obtain detailed information on the processing activities implemented, the legal bases, retention periods and the rights available to them.

17. Liability

ROAMANCE is bound by a best-efforts obligation in the provision of the Service.

ROAMANCE shall not be held liable for damages resulting from:

• incompatibility or improper configuration of the Customer's device
• loss, theft, breakage or unavailability of the Customer's device
• fraudulent or unauthorized use of the account or the eSIM by the Customer or by a third party
• unavailability or degradation of partner networks
• a case of force majeure or any external cause reasonably beyond its control

In any event, except where a mandatory legal provision provides otherwise, ROAMANCE's total liability for a proven direct damage shall not exceed the amount actually paid by the Customer for the Service concerned.

ROAMANCE shall not be held liable, even in the event of negligence, for indirect, immaterial or consequential damages, such as in particular loss of opportunity, loss of data, loss of operations, loss of revenue or damage to reputation.

18. Contact and customer support

The Customer is expressly informed that contact with ROAMANCE and access to Customer Service support are available by e-mail at customer@roamance.io or via the ROAMANCE application.

The Customer will also have the possibility to contact Customer Service from the website https://roamance.io where minimum information will be required for their assistance request to be taken into account, such as, without being exhaustive, the e-mail address provided during the subscription flow, their last name and first name as well as a detailed description of the request.

No support will be provided through any other channel, unless otherwise required by law or expressly stated in the application.

The practical arrangements for contact and the handling of assistance requests are specified in the ROAMANCE application.

For any question relating to the protection of personal data, the Customer may also contact the Data Protection Officer at the following e-mail address:

GDPR@roamance.io

19. Applicable law and dispute resolution

These GTS are governed by French law.

Subject to applicable public-policy provisions, any dispute relating to the validity, interpretation, performance or termination of these GTS shall fall under the jurisdiction of the territorially competent French courts.

The consumer Customer is informed that, in the event of a dispute, they may use free of charge a consumer mediation mechanism under the conditions provided for by the French Consumer Code, subject to the contact details of the competent mediator being communicated by ROAMANCE.

Use of the Service from a foreign country remains under the responsibility of the Customer, who undertakes to comply with the applicable local regulations.

20. Modification of the GTS

ROAMANCE reserves the right to modify these GTS at any time.

The applicable version is the one in force on the date of the order concerned, unless otherwise required by a mandatory legal provision.

Any new version of the GTS will be made available on the ROAMANCE website and/or in the ROAMANCE application. The Customer will be informed, by any appropriate means, of any substantial modification.

21. Partial nullity

If any of the provisions of these GTS is declared null, unenforceable or inapplicable, in whole or in part, by a competent court or authority, the other provisions shall retain their full effect.

22. Entirety

These GTS express the entirety of the agreement between ROAMANCE and the Customer concerning the Service and replace any prior document or exchange having the same purpose.