Zwitchy for Business agreements

In short

• You buy prepaid credit. Each eSIM you send costs a fixed fee when it is issued, and data is charged per GB as your travellers use it. Your dashboard shows the price per GB for every country.
• Your company pays for all usage on its eSIMs, including usage you did not authorise.
• A balance below zero is due at once. If it stays unpaid after a reminder, we may suspend your account and all of its eSIMs and pass the debt to collection, and you pay the costs of collecting it.
• The eSIMs are for your own people and for guests travelling on your business, never for your customers. Sending to guests, and links that are not limited to your company's email domains, have limits. No resale, no IoT or machine use, no permanent roaming.
• One admin is the account owner, who alone can close the account and manage other admins. Budgets and warnings help you control spending, but you pay for all usage, including usage above a budget.
• We can suspend an eSIM straight away when a network reports abuse, fraud or permanent roaming, or during an outage.
• We do not guarantee coverage, speed or a particular network. Our total liability is capped at the fees you paid in the last 12 months.
• Network outages can happen. We show known outages in your dashboard, but they do not give a right to a refund or credit. You only pay for data that is actually used.
• Prepaid credit is not refunded, also not when you close your account, unless you close it because you do not accept a change to these terms. It does not expire, but after more than 6 months without any activity we may deduct a maintenance fee of EUR 50 a month from it, after 30 days notice. After 24 months without activity we may close the account and keep the remaining credit, after emailing you 60 and 30 days ahead. Price rises, including a higher eSIM fee, are announced 7 days ahead, unless a network raises its price to us at short notice or the law requires a change: then a new price can apply at once.
• We may name you as a customer and show your logo on our website and in sales materials. Email us and we stop.
• We may update these terms at any time. An update applies from the day we publish it, and we show it in your dashboard and email your admins. If you keep using the service, you accept it, with no new signature. If you close your account within 30 days of an update instead, we refund your unused credit.
• Thai law applies and the courts of Bangkok decide disputes.

This summary helps you read the document. The full text below is what applies.

1. Who these terms are between

These terms are an agreement between Now On Company Limited, a company registered in Thailand under number 0115564023284, which runs Zwitchy ("Zwitchy", "we"), and the company that signs them ("you"). They cover the Zwitchy for Business dashboard, the eSIMs you issue through it and the prepaid credit you hold with us.

A person signs for you by typing their full name and job title and confirming that they are authorised to bind your company. That electronic signature is valid and binding. The Data Processing Agreement forms part of these terms. If the two conflict on personal data, the Data Processing Agreement wins.

These terms are written in English and the English text is binding. A translation, if we provide one, is for convenience only.

2. Your account, admins and travellers

We approve every company by hand before it can use the service and may decline a request without giving a reason. You keep the details we hold about you accurate, including your legal name, address and VAT ID.

Your admins act for you. Everything an admin does in the dashboard, including buying credit, issuing, topping up, pausing and revoking eSIMs and inviting other admins, is done on your behalf. You keep sign-in details secure, turn on two-factor sign-in when we require it, and tell us at once if you suspect unauthorised access. Single sign-on is optional. If you use it, your identity provider decides who can sign in, and you are responsible for it and for removing people who leave.

One of your admins is the account owner. At first, that is the admin who signed these terms. Only the owner can close your account, remove or demote another admin, and pass ownership to another admin. Admins can also give a person a role that opens only part of the dashboard. Everything a person with a role does there is also done on your behalf.

A traveller is anyone you issue an eSIM to: one of your own people, or a guest. Your own people are those on the People list in your dashboard and those with an email address at your company's own email domains. A guest is someone else who travels on your business, such as a contractor, a job candidate, a speaker or a visitor you invite. A guest is never your customer, and never someone who pays you or anyone else for the eSIM, directly or as part of something they buy. Travellers accept the standard Zwitchy terms of use when they install an eSIM. You make sure your travellers use their eSIMs in line with these terms.

3. Permitted use

You use the eSIMs for the travel of your own staff and guests. You may not resell, rent out or otherwise supply eSIMs or data to third parties, or offer them as part of a product or service of your own.

You may not use eSIMs in IoT, machine-to-machine or other unattended devices, use them for permanent roaming (as a long-term substitute for a local subscription in the country of use), or use them in breach of law, of network rules or of the fair use limits we publish.

To keep the service to your own travel, we limit how many different guests you can send eSIMs to each month. We also limit how many people an eSIM link can serve when it is not restricted to your company's email domains. Your dashboard shows the limits, and we can change them for your account. We may ask you who your travellers are. If your use suggests resale, we may suspend eSIMs or your account under section 5.

4. Prepaid credit, prices and payment

The service runs on prepaid credit held in euros. When you issue an eSIM we deduct the eSIM fee at once. Data is deducted per GB as it is used, at the rate for the country where it was used. Your dashboard shows the current price per GB for each country and the eSIM fee before you confirm anything.

You pay for all usage on your eSIMs, whether or not you or your traveller authorised it, including fraudulent use. Usage reaches us with a delay, so your balance can fall below zero. Any amount below zero is owed to us and due at once, and we deduct it from your next top-up. If it is still unpaid two weeks after we remind you, we may suspend your account and all of its eSIMs until it is paid, charge interest on the late amount at the rate the law allows, and pass the debt to a collection agency or a court. You then also pay the reasonable costs of collecting it.

When your balance falls below the pause level shown in your dashboard, we pause all of your eSIMs until credit is added, and resume them automatically when it is.

You can set monthly budgets for people and departments. A budget helps you control spending but does not limit what you owe. Usage reaches us with a delay, so spending can go past a budget, and you pay for all of it. If you choose to pause eSIMs when a budget is used up, we pause them once we see it. They come back at the start of the next month, or sooner if an admin changes the budget or resumes them. Warnings we send, for example about a budget or unusual data use, are a help only. We do not promise to notice every case.

We announce a price rise, including a rise of the eSIM fee, by email and in your dashboard at least 7 days before it applies. When a network or supplier raises its price to us, changes its terms or limits its service at short notice, or a law, tax or authority requires a change, we may apply a new price sooner, even at once, and tell you by email and in your dashboard as soon as we can. A price reduction can apply from the next day. New prices apply to usage from their effective date, including on eSIMs already issued.

Prepaid credit is not refundable, including when your account closes, unless the law requires a refund or section 8 provides one. Credit does not expire. If your account has had no activity of any kind for more than 6 months (no sign-in, dashboard action, eSIM installation or data use, order, top-up or API call), we may deduct a maintenance fee of EUR 50 per month from your remaining credit. We email your admins at least 30 days before the first deduction. The fee never takes your balance below zero and stops as soon as there is any activity. We announce a change to this fee like a price rise. If your account has had no activity for 24 months, we may close it permanently. We email your admins 60 days and again 30 days before we do, and any activity before then keeps the account open. When we close an account for inactivity, the remaining credit is not refunded. You may revoke an eSIM that has never been installed, which ends it; the eSIM fee is not refunded. An installed eSIM is not refundable. Never-installed eSIMs may be revoked automatically after the period shown in your dashboard, with notice to your admins beforehand.

Card payments are processed by Stripe, and any card fee is shown before you pay. We issue invoices with your company details and VAT ID. Where reverse charge applies, the invoice says so and you account for the VAT.

5. The service, networks and suspension

We choose the mobile networks your eSIMs use and may change them. We do not guarantee coverage, speed, availability or a particular network in any country.

We may suspend an eSIM, or your access to the service, immediately and without liability when a network reports abnormal use, fraud or permanent roaming, during a network or system outage, when you are in material breach of these terms, when an amount you owe is unpaid, or when the law requires it. Where we can, we tell you first and restore the eSIM as soon as the reason has gone.

Mobile networks and our suppliers can have outages, maintenance and other interruptions that are outside our control. When we know of one that affects your eSIMs, we show a notice in your dashboard. An outage is not a breach of these terms and does not entitle you to a refund, credit or other compensation, including for eSIM fees already charged, and an eSIM's validity keeps running during it. We may still offer something in a particular case, at our discretion. Data is charged only as it is used, so you do not pay for data your travellers could not use.

6. Data, confidentiality and lawful requests

We process personal data of your admins and travellers as described in the Data Processing Agreement.

Each party keeps the other's confidential information confidential. For you, that includes our prices, these terms and the names of our suppliers and sub-processors. For us, that includes your company data and your travellers' data. This does not cover information that is public, that a party must disclose by law, or your name and logo used as section 9 allows.

We may disclose a traveller's identity and usage records to law enforcement or another public authority when we receive a valid legal order, and to the network operators involved where needed to comply with it. Where the law allows, we tell you about the request.

7. Warranties and liability

The service and the eSIMs are provided as is and as available. To the extent the law allows, we give no warranty about coverage, speed, availability or fitness for a particular purpose.

Our total liability to you under or in connection with these terms is limited to the fees you paid us in the 12 months before the event that gave rise to the claim. We are not liable for indirect or consequential loss, lost profit, lost business or lost data.

You are responsible for, and hold us harmless against, claims arising from use of your eSIMs in breach of these terms, including resale, IoT use or permanent roaming.

Neither party is liable for a delay or failure caused by events beyond its reasonable control, such as network or supplier outages, a network or supplier ending or changing its service or prices without notice, natural disasters, war, government action, or failures of the internet or power supply. This does not excuse your obligation to pay for usage.

Nothing in these terms limits liability that cannot be limited by law.

8. Changes, ending the agreement and governing law

We may change these terms and the Data Processing Agreement at any time. A change applies from the date we publish it, which can be the same day. We show it in your dashboard and email your admins. If you keep using the service after a change applies, you accept it. No new signature is needed. If you do not accept a change, you may close your account within 30 days after it applies, and we then refund your unused credit, less any amount you owe.

Your account owner may close your account at any time from the dashboard. We may end this agreement with 30 days notice, or at once if you are in material breach. When the agreement ends, live eSIMs stop working and any negative balance becomes due. Unused credit is not refunded, unless we end the agreement for a reason other than your breach or the inactivity described in section 4, or you close your account because you do not accept a change to these terms, in which cases we refund it to you.

These terms are governed by the laws of Thailand, and the courts of Bangkok have jurisdiction over any dispute. This applies except where a mandatory law that cannot be excluded by agreement says otherwise.

9. Naming you as a customer

You allow us to name you as a Zwitchy for Business customer and to show your company name and logo on our website, in presentations and in other sales and marketing materials. This is a free, non-exclusive permission for as long as this agreement runs. We show your logo as you supply it or as you publish it, without changing it, and we do not suggest that you endorse us beyond being a customer.

We do not publish quotes, case studies or details of your usage without your separate written approval.

You can withdraw this permission at any time by emailing [email protected]. We then remove your name and logo from our website within 30 days and do not use them in new materials. Materials already printed or sent out do not have to be recalled. When this agreement ends, the permission ends in the same way.

In short

• You decide why traveller data is processed. We process it only to run the service for you.
• Data is stored in the EU (Ireland). Transfers outside the EU are covered by the EU Standard Contractual Clauses.
• We list our sub-processors and tell you before we add a new one.
• We report a personal data breach to you without undue delay.
• We disclose traveller data to authorities only on a valid legal order.
• When your account closes we delete or return the data, except what the law makes us keep.

This summary helps you read the document. The full text below is what applies.

1. Roles and scope

This agreement forms part of the Zwitchy for Business Terms. For the personal data of your admins and travellers processed through the service, you are the controller and Now On Company Limited (Zwitchy) is the processor. For data we process for our own purposes, such as billing, fraud prevention and meeting legal obligations, we are a separate controller.

Data subjects: your admins and the travellers you issue eSIMs to. Categories of data: name, email address, job title of admins, eSIM identifiers, install and activation times, data usage, and the country and network an eSIM connects in. Purpose: issuing and managing eSIMs, showing usage and events in your dashboard, billing and support. Duration: the term of the agreement and the deletion period after it.

2. How we process the data

We process personal data only on your documented instructions, which are these terms and your use of the dashboard, unless the law requires otherwise; in that case we tell you first where the law allows.

Everyone who processes the data for us is bound by confidentiality. We help you answer data subject requests and with data protection impact assessments where they concern the service.

We may disclose a traveller's identity and usage records to law enforcement or another public authority only on a valid legal order, and tell you where the law allows.

3. Security

We protect the data with appropriate technical and organisational measures, including encryption in transit, access limited to staff who need it, row-level access rules in the database so a company sees only its own data, audit logs of staff actions, and two-factor sign-in for admins.

Admins see the country each eSIM is used in, from the network it connects to, never a precise position.

4. Sub-processors and transfers

You authorise the following categories of sub-processors: database and authentication hosting (EU, Ireland), web hosting, card payments (Stripe), transactional email, error monitoring, and our mobile network partner (Israel), which provisions the eSIMs and records connections and usage. The current list with each sub-processor's name and location is available from us on request. It is our confidential information under section 6 of the Terms.

We tell your admins at least 30 days before we add or replace a sub-processor, and you may object on reasonable data protection grounds. We impose data protection terms on each sub-processor that are no less protective than this agreement.

Data is stored in the EU. Israel has an EU adequacy decision. We run the service from Thailand, which has no EU adequacy decision. Our access from Thailand and any other transfer outside the EU or EEA is covered by the EU Standard Contractual Clauses as set out in section 7.

5. Personal data breaches

We notify you without undue delay, and where possible within 48 hours, after becoming aware of a personal data breach affecting your data. The notice describes what happened, the data and people affected, the likely consequences and what we are doing about it, and we keep you updated.

6. Audits, deletion and governing law

We make available the information needed to show compliance with this agreement and allow audits by you or an auditor you appoint, with reasonable notice, at most once a year unless a breach or authority requires more.

When your account closes, we delete or return the personal data within 90 days, except what we must keep by law, such as invoices and tax records.

This agreement follows the governing law and courts of the Zwitchy for Business Terms, except where the Standard Contractual Clauses require the law and courts of an EU member state.

7. Standard Contractual Clauses

Where personal data is transferred to a country without an EU adequacy decision, the Standard Contractual Clauses adopted by Commission Implementing Decision (EU) 2021/914 apply and are incorporated into this agreement by reference: Module Two (controller to processor) between you and us, and Module Three (processor to processor) between us and our sub-processors. If this agreement conflicts with the Clauses, the Clauses prevail.

Clause options: Clause 7 (docking clause) applies. Under Clause 9(a), Option 2 (general written authorisation) applies, with at least 30 days notice as set out in section 4. The optional wording in Clause 11(a) does not apply. The competent supervisory authority under Clause 13 is the one determined by Clause 13(a). Under Clauses 17 and 18, the Clauses are governed by the law of Ireland and disputes are decided by the courts of Ireland.

Annex I.A (parties): you as data exporter and controller, with the company details and signer recorded when you sign; Now On Company Limited (Zwitchy), Thailand, as data importer and processor, reachable at the support address in your dashboard. Annex I.B (description of the transfer): the data subjects, categories of data and purposes in section 1, transferred continuously while you use the service and kept as set out in section 6. Annex I.C (supervisory authority): as in Clause 13. Annex II (technical and organisational measures): section 3. Annex III (sub-processors): section 4 and the list we provide on request.