Terms and Conditions

 

Last updated: February 15, 2025

 

Agreement to Legal Terms

 

We are Datasky (“Company,” “we,” “us,” “our”), a company registered in the State of Kuwait. We operate the website https://mydatasky.com (the “Site”), the Datasky e-SIM mobile application (the “App”), and any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

Our site specializes in selling internet data plans for eSIMs that customers can use locally or while traveling, with a feature to top-up when the data balance is low.

Contact Information:

• WhatsApp: +96560410386

• Email: admin@mydatasky.com

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Datasky, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these Legal Terms, then you are expressly prohibited from using the Services and you must discontinue use immediately.¹

 

Any supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms. We will alert you about any changes by updating the “Last updated” date, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed. Your continued use of the Services after the date any revised Legal Terms are posted will mean that you have reviewed and agreed to be bound by them.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

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Table of Contents

 

1. Our Services

2. Intellectual Property Rights

3. User Representations

4. User Registration

5. Products

6. Purchases and Payment

7. Refund Policy

8. Prohibited Activities

9. User-Generated Contributions

10. Contribution License

11. Mobile Application License

12. Services Management

13. Privacy Policy

14. Copyright Infringements

15. Term and Termination

16. Modifications and Interruptions

17. Governing Law

18. Dispute Resolution

19. Corrections

20. Disclaimer

21. Limitations of Liability

22. Indemnification

23. User Data

24. Electronic Communications, Transactions, and Signatures

25. WhatsApp Messages

26. Miscellaneous

27. Contact Us

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1. Our Services

 

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

As part of providing our services, we adhere to the following laws and regulations in the State of Kuwait:

• E-Commerce Law: We provide clear information about our products, prices, and terms of service.

• Consumer Protection Law: We guarantee consumers’ rights to safe and high-quality products and services.

• Communication and Information Technology Regulatory Authority (CITRA) Regulations: We comply with the authority’s regulations governing telecommunication companies and internet services.

• Data Protection and Privacy Laws: We are committed to protecting customer data and clarify how it is used in a clear privacy policy.

• Cybercrime Law: We adhere to laws that prohibit illegal online activities such as fraud and hacking.

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2. Intellectual Property Rights

 

Our Intellectual Property

 

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

The Content and Marks are protected by copyright and trademark laws and various international treaties. They are provided “as is” for your personal, non-commercial use only.

 

Your Use of Our Services

 

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to:

• Access the Services.

• Download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.

Copying, republishing, or exploiting any part of the Services or Content for any commercial purpose without our express prior written permission is prohibited. If you wish to use any part of our services in another way, please direct your request to: admin@mydatasky.com.

Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and your right to use our Services will terminate immediately.

 

Your Submissions

 

By sending us any questions, suggestions, or ideas (“Submissions”), you waive all intellectual property rights to them. You acknowledge that we have the right to use and publish them for any lawful purpose without compensation to you.

You are responsible for what you post or upload. You warrant that your submissions are original and do not violate the “Prohibited Activities” or the rights of any third party. You also agree to indemnify us for any losses we may suffer due to your breach of this section.

 

Copyright Infringement

 

We respect the intellectual property rights of others. If you believe that any material available on our Services infringes upon any copyright you own, please refer to the “Copyright Infringements” section below.

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3. User Representations

 

By using the Services, you represent and warrant that:

1. All registration information you submit will be true, accurate, and complete.

2. You will maintain the accuracy of such information and promptly update it as necessary.

3. You have the legal capacity to agree to these Terms.

4. You are not a minor in the jurisdiction in which you reside.

5. You will not access the Services through automated or non-human means.

6. You will not use the Services for any illegal purpose.

7. Your use of the Services will not violate any applicable law.

If you provide any untrue information, we have the right to suspend or terminate your account.

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4. User Registration

 

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account. We reserve the right to remove or change a username you select if we determine it is inappropriate.

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5. Products

 

All products are subject to availability. We reserve the right to discontinue any product at any time for any reason. Prices for all products are subject to change.

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6. Purchases and Payment

 

We accept the following forms of payment:

• Visa

• Mastercard

• Knet

• Apple Pay

• Google Pay

• Samsung Pay

You agree to provide current, complete, and accurate purchase and account information. You also agree to promptly update payment information. Sales tax will be added where applicable. All payments shall be in Kuwaiti Dinar.

You authorize us to charge your chosen payment provider for all charges. We reserve the right to correct any errors in pricing and to refuse any order placed through the Services. We may limit or cancel quantities purchased per person or per order.

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7. Refund Policy

 

Please review our Return Policy available on our website before making any purchases.

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8. Prohibited Activities

 

You may not use the Services for any purpose other than that for which they are intended. You are prohibited from using the Services in any unapproved commercial endeavors. As a user, you agree not to:

• Systematically retrieve data to create a database without permission.

• Deceive, defraud, or mislead us or other users.

• Circumvent the security features of the Services.

• Disparage, tarnish, or otherwise harm us or the Services.

• Use information obtained to harass or harm others.

• Use the Services in a manner inconsistent with applicable laws.

• Upload viruses or other harmful material.

• Impersonate another user.

• Use the Services as part of any effort to compete with us.

• Use stolen credit cards or unauthorized payment methods.

• Engage in money laundering or terrorist financing activities in violation of Law No. 106 of 2013.

• Commit any activity that violates Law No. 63 of 2015 regarding Cybercrimes.

• Violate any regulations and circulars of the Central Bank of Kuwait related to electronic payments and money transfers.

The account of any user found to be engaging in prohibited activities will be suspended or terminated, and the relevant authorities will be notified.

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9. User-Generated Contributions

 

We may provide you with the opportunity to create or submit content (“Contributions”). When creating any Contributions, you represent and warrant that:

• Their creation and publication do not violate the proprietary rights of any third party.

• You are the owner or have the necessary licenses to use them.

• Your Contributions are not false or misleading.

• Your Contributions are not unsolicited advertising.

• Your Contributions are not obscene, abusive, or illegal.

Any use of the Services in violation of these terms may result in the termination of your rights to use them.

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10. Contribution License

 

You agree that we may access, store, and use your personal data in accordance with our Privacy Policy. By submitting any feedback, you agree that we may use and share it for any purpose without compensating you.

We do not claim any ownership of your Contributions. You retain full ownership of them and are solely responsible for them.

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11. Mobile Application License

 

 

Use License

 

If you access the Services via the App, we grant you a limited, revocable, non-exclusive license to install and use the App on your personal devices.

 

Apple and Android Devices

 

Additional terms apply when you use the App obtained from the Apple Store or Google Play, including responsibility for maintenance, support, and compliance with third-party terms.

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12. Services Management

 

We reserve the right, but not the obligation, to:

• Monitor the Services for violations.

• Take appropriate legal action against violators.

• Refuse, restrict, or disable any of your Contributions.

• Manage the Services in a manner that protects our rights and property.

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13. Privacy Policy

 

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our policy. The Services are hosted in Kuwait, and by continuing to use them, you consent to have your data transferred to and processed in Kuwait.

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14. Copyright Infringements

 

We respect the intellectual property rights of others. If you believe that any material on our Services infringes your copyright, please notify us immediately using the contact information provided.

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15. Term and Termination

 

These Terms shall remain in full force and effect while you use the Services. We reserve the right to deny access to the Services to any person for any reason, including for breach of these Terms. We may terminate your use or delete your account at any time without notice.

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16. Modifications and Interruptions

 

We reserve the right to change, modify, or remove the contents of the Services at any time without notice. We cannot guarantee the Services will be available at all times and may experience interruptions or delays.

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17. Governing Law

 

These Terms shall be governed by and construed in accordance with the laws of the State of Kuwait. You irrevocably agree that the courts of Kuwait shall have exclusive jurisdiction to resolve any dispute.

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18. Dispute Resolution

 

 

Informal Negotiations

 

To expedite the resolution of any dispute, both parties agree to first attempt to negotiate informally for at least thirty (30) days before initiating arbitration.

 

Binding Arbitration

 

Any dispute arising from these Terms shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber. The seat of arbitration shall be Kuwait City, and the language used shall be English and Arabic.

 

Restrictions

 

The parties agree that any arbitration shall be limited to the dispute between the parties individually.

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19. Corrections

 

The Services may contain typographical errors or inaccuracies. We reserve the right to correct any errors and to update information at any time without prior notice.

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20. Disclaimer

 

The Services are provided on an “as-is” and “as-available” basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied.

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21. Limitations of Liability

 

In no event will we or our directors or employees be liable to you or any third party for any direct, indirect, or consequential damages arising from your use of the Services.

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22. Indemnification

 

You agree to defend, indemnify, and hold us harmless from any loss, damage, or claim arising from: (1) your use of the Services; (2) your breach of these Terms; (3) your violation of the rights of a third party.

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23. User Data

 

We will maintain certain data that you transmit to the Services for the purpose of managing them. You are solely responsible for all data that you transmit.

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24. Electronic Communications, Transactions, and Signatures

 

You consent to receive electronic communications and agree to the use of electronic signatures, contracts, and other records.

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25. WhatsApp Messages

 

With your consent, you may receive marketing WhatsApp messages. You can unsubscribe at any time by replying with the word “STOP.”

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26. Miscellaneous

 

These Terms constitute the entire agreement between you and us. If any provision is found to be unenforceable, the remaining provisions will remain in effect.

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27. Contact Us

 

To resolve a complaint or to receive further information, please contact us at:

Datasky

Kuwait

WhatsApp: +96560410386

Email: admin@mydatasky.com