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Terms and Conditions

Last Updated: 12 December 2023

Welcome to Bitrefill!

These are the Terms and Conditions (“Terms”) applicable to all services and products offered on Bitrefill. Please read them carefully, as well as our Privacy Policy, before proceeding, as they set out the contractual basis for any transactions occurring on Bitrefill. “Bitrefill” is an e-commerce platform accessible via the website (www.bitrefill.com) or via the app Bitrefill.

By continuing to use Bitrefill, you (“Customer”) are acknowledging that you have read and agree to the Terms, as well as to the Privacy Policy, when purchasing services and products from Bitrefill.

If you do not agree with these Terms and the Privacy Policy, you are not allowed to continue using Bitrefill and we ask you to please refrain from doing so.

1. The Bitrefill Group.

These Terms are agreed between you and the following counterparty, depending on what you are using Bitrefill for:

  • if you are purchasing Gift Card and Mobile Phone Top-Up Products, in any jurisdiction, your direct counterparty is AIRFILL PREPAID AB, a limited company incorporated under the laws of Sweden and with registration number 559001-6035 (“Airfill”).
  • if you are purchasing  Bill Payment Products from El Salvador, your direct counterparty is Bitrefill, Sociedad Anónima de Capital Variable and with registration number 2021103271 (“Bitrefill ES”). This service is provided to you together with other entities, as described below.
  • if you are purchasing the Virtual Prepaid Visa® Card (the “US Visa Card”), or Bill Payment Products from any other jurisdiction, your direct counterparty is Airfill US LLC, a Delaware company with file number 5817333 (“Airfill US”).
  • if you are accessing the services enabled by the Bitrefill Card, please refer to the relevant section below.

All of these companies, together with any other parent companies, subsidiaries or affiliates, are referred to herein as the “Bitrefill Group”.

You can contact the Bitrefill Group directly by email to support@bitrefill.com.

2. The Gift Card and Top-Up Products.

Bitrefill is an electronic commerce platform specialized in the resale of closed-loop gift cards, vouchers and phone top-ups (“Product” or “Products”), of fixed or variable amounts, in different currencies, that can be redeemed by the Customer at the issuer’s store, in exchange for services and products offered by such issuer.

Bitrefill offers different Products depending on the Customer’s country. Bitrefill allows the Customer to select their country and displays all the offers available in that country. Bitrefill does not guarantee that a Product purchased from one country page will work when used in a different country and therefore strongly advises Customers to read the terms and conditions of each particular Product.

Although we strive to present updated terms and conditions for all products, we do not make any representation in that regard. You should confirm the applicable terms and conditions of the Product you are purchasing from us directly on the website of the issuer of each product.

Some Products sold are geographically limited to certain countries. In these cases, if you are attempting to purchase from a country that is not allowed by a Product’s terms and conditions, such a purchase will not be possible.

If you circumvent our geoblocking systems to acquire a Product that is not available in your country, you are violating these Terms and Conditions and we may suspend or remove your account. We are also not liable for any redemption issues you may find, and we will not provide a refund in those cases.

Upon selection and payment, the Customer will receive access to the Product either on screen or by email to their email account.

Products can be delivered as sealed or unsealed. Products are delivered as sealed by default. The Customer may change this setting on their account.

A sealed Product is essentially a right to claim a Product at a later stage. This allows Customers to safely preserve the Product until the moment of redemption. To the extent that receiving a sealed Product does not render the Product unusable, a sealed Product may also be exchanged or refunded - see below “Refunds”. An unsealed Product is an alphanumeric code representing the Product. Orders are processed immediately and the Products are delivered (sealed or unsealed) either immediately or within a few minutes of receiving a successful payment, depending on the Product purchased. There can be delays that are outside of our control, such as, but not limited to: (i) force majeure; (ii) unexpected outages; (iii) failure to send a correct payment.

Bitrefill will endeavour to keep expected timescales transparent, but shall not be held responsible for delays and losses caused by the Customer or third parties.

In case your Product does not arrive within 30 minutes of successful payment, please contact support@bitrefill.com.

Your use of the Gift Card and Top-Up products is continuously monitored to ensure the safety and regulatory compliance of Bitrefill’s platform. Suspicious transactions will be reported to competent authorities and you may be required at any time to complete a KYC program to continue to use these services.

3. The Bill Payment Products.

At Bitrefill, Customers residing in certain countries may have access to Bill Payment Products, provided in connection with different partners per jurisdiction, as specified below. The Bill Payment Products terms and conditions below are applicable in addition to these Terms.

Access to certain Bill Payment Products in certain jurisdictions may be reserved to Customers with verified accounts (Level 3 and 4).

Please note that, unless otherwise mentioned in the specific bill payment service you are accessing, payment of bills is not immediate and may take some time to confirm.

The Bill Payment Products are provided to Customers by partners authorized to conduct those activities in the respective jurisdiction, as described below.

El Salvador

Bitrefill ES uses Puntoxpress, Sociedad Anonima de Capital Variable (“Puntoxpress”), an entity  authorised in El Salvador to act as an “Administrador de Corresponsales Financieros”, to provide the Bill Payment Products in that jurisdiction.

Use of the Bill Payment Products constitutes your consent to authorize Bitrefill ES and Puntoxpress to access external providers, using the information you provide, to retrieve, process, and store information held by such external providers. You grant Bitrefill ES and Puntoxpress a limited power of attorney, and you hereby appoint Bitrefill ES and Puntoxpress as your lawful attorneys-in-fact, in all capacities, to use any information you provide in performing the above. You agree that Puntoxpress may use anonymized and non-personally identifiable information obtained from such external providers for quality assurance, fraud prevention, statistical, and other purposes.

YOU AGREE THAT BITREFILL ES OR PUNTOXPRESS WILL ACT ON YOUR BEHALF, AS YOUR AGENT, TO ACCESS THIRD PARTY SITES USING INFORMATION THAT YOU PROVIDE. YOU AGREE THAT NEITHER BITREFILL ES, NOR PUNTOXPRESS, NOR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE BILL PAYMENT PRODUCTS. You furthermore agree to indemnify and hold Bitrefill ES, Puntoxpress, and their affiliates harmless from any third party claims, damages, and costs caused by your use of the Bill Payment Products or your violation of these terms.

4. Other products

Bitrefill may, from time to time, and in partnership with other providers, offer products other than the gift card and top-up Products or the Bill Payment Products described above. Such products shall be governed by specific sections of these Terms (such as the “Bitrefill eSIM” product and the Bitrefill Card, whose terms can be found below).

5. The payment.

The Products can be purchased by the Customer either (i) directly with a cryptocurrency, (ii) via a third-party payment provider, in either fiat or cryptocurrency or (iii) via a Bitrefill gift card (“Balance Card”) or store credit balance (“Balance”).

Payment with crypto

Customers may choose to pay directly with one of the cryptocurrencies accepted at the time of purchase by Bitrefill or by using a third-party crypto payment service that is available at check-out. These payments may be subject to fees and confirmation time, as stated in Bitrefill or in the terms and conditions of such third-party providers.

Payment with fiat

If the option is available from time to time, Customers may also choose to pay using their Mastercard or Visa payment card. Such payments are processed by a third-party provider, identified on the payment page, whose terms and conditions apply. Bitrefill does not have access to your payment details, which are inserted by you directly into the secure payment gateway of the third-party provider.

Should you have any complaints about your payment with fiat, we kindly ask you to direct your queries to the third-party provider used for the payment or to your bank directly.

Bitrefill Balance Cards and Bitrefill Balances

Customers may also choose to prepay at Bitrefill, speeding up the check-out process.

Bitrefill may offer from time to time, and in accordance with applicable legislation, two prepayment options: the Bitrefill Balance Card and the Bitrefill Balance. These options allow a Customer to pay in advance for Products and save fees and waiting time upon check-out.

The Bitrefill Balance Card is a non-reloadable and non-refundable store gift card that you can keep or gift to someone.  The Bitrefill Balance is a reloadable store balance.

The Bitrefill Balance Card and the Bitrefill Balance can be redeemed exclusively to acquire goods or services sold on Bitrefill, and they will not enable you to shop anywhere else.

You may not resell the Bitrefill Balance Card or transfer your Bitrefill Balance to anyone.

You cannot purchase Bitrefill Balance Cards with your Bitrefill Balance.

Any value contained in a Bitrefill Balance Cards or in a Bitrefill Balance will not in any case be redeemable in cash or refunded in fiat.

Refunds are only available exceptionally and are processed (excluding transaction fees) at the discretion of Bitrefill, using the means of payment originally used by the Customer.

Balances cannot exceed 10,000.00 USD and top-ups cannot exceed 2,000.00 USD (or the equivalent in the balance currency). Any of these limits can be reduced at any time by Bitrefill.

Attempts to top-up or use the balance in violation of these thresholds will result in your account being frozen until your account is verified by the Customer completing our KYC. Any excessive amount will be returned to those verified customers.

The sale of Bitrefill Balance Cards and prepayment of Bitrefill Balance is subject to the limitations provided in these Terms. Bitrefill reserves the right to, at any time, (i) stop selling Bitrefill Balance Cards; (ii) discontinue Bitrefill Balances, by issuing refunds to Customers or imposing a timeline for any outstanding credit to be spent; (iii) limit the geographical scope of these products; (iv) limit the type of Products that can be purchased; (v) require a Customer to undertake KYC in order to continue to use them and (vi) freeze access to the account or to the Bitrefill Balance while investigating suspicious activity.

You are solely responsible for the safekeeping and security of your Bitrefill Balance Card following delivery. If you destroy or lose your Bitrefill Balance Card, or your Bitrefill Balance Card is stolen or used by someone else (with or without your permission), the Bitrefill Group shall not be liable for any loss or damage you suffer as a result.

Any questions related to the Bitrefill Balance Card or the Bitrefill Balances shall be sent to support@bitrefill.com.

6. Customer levels.

Customers can shop at Bitrefill as Customers of four different levels:

  1. Customers without accounts, by providing on checkout a working email or phone number for the delivery of the Products purchased;
  2. Customers with basic accounts, by registering and verifying an email address with Bitrefill;
  3. Customers with verified accounts, by going through our customer due diligence program (powered by SumSub, please check their Terms of Use) and providing a copy of Government-issued photo ID, proof of address and a live selfie;
  4. Verified corporate customers, by going through our corporate due diligence program (powered by SumSub, please check their Terms of Use) and providing incorporation documents, proof of address, information on business, representatives and ultimate beneficial owners.

Only Customers with accounts (levels 2 to 4) are eligible for our Rewards program. Customers without accounts may be able to recover all or part of the rewards for older purchases when they sign up for an account. Only Customers with verified accounts (levels 3 and 4) are eligible for certain Products.

Account levels impact purchasing thresholds and access to certain Products.

Level 3 verification can be done in your account settings. Level 4 verification can be started by emailing us at legal@bitrefill.com.

7. Availability of Third-Party Services.

The proper functioning of Bitrefill depends on its interaction with several third-party providers.

Transactions may, from time to time, fail due to technical or other reasons. Customers, therefore, acknowledge that we may not be liable for a technical issue that may affect their transaction. Whenever a transaction fails due to technical reasons, a Customer may qualify for a refund. Please see the "Refunds" section below to know more.

8. Limitations of use.

We implement certain purchasing thresholds in accordance with our Anti-Money Laundering Policy, depending on the level of account of the Customer. All limits are presented in USD but apply to the equivalent amount in other currencies Different limits can be implemented on a product by product, or customer by customer, basis, at the request of Product Issuers or discretionarily by us.

Any Customer using more than one Bitrefill account, or any other expedient, in order to circumvent the limits below, is in breach of these Terms and can have its account, or accounts, suspended until customer due diligence is successfully completed.

To the extent necessary under applicable laws and regulations or our internal policies, such illegal circumvention of the use limitations may be reported to the relevant authorities, whenever it reveals, in our sole understanding, signs of suspicious activity.

1. Customers without accounts

Maximum orders per day: 15 (fifteen)

Maximum purchasing limits: 500 USD per day and 1.000 USD per month

2. Customers with basic accounts

Maximum orders per day: 15 (fifteen)

Maximum purchasing limits: Up to 2.000 USD per card, up to 5.000 USD per day, up to 10.000 USD per month (different exceptional thresholds may apply to certain Products)

Maximum phone top-ups per day: 15 (fifteen)

Maximum phone top-up limits: Up to 200 USD per pin/refill, up to 500 USD per day, up to 2.000 USD per month

3. Customers with verified accounts

Maximum orders per day: 25 (twenty-five)

Maximum purchasing limits: Up to 2.000 USD per card, up to 10.000 USD per day, up to 50.000 USD per month (different exceptional thresholds may apply to certain Products)

Maximum phone top-up limits: Up to 500 USD per pin/refill, up to 1.000 USD per day, up to 5.000 USD per month

4. Verified corporate accounts

Limits per value of purchase, number of purchases and daily amounts for verified corporate accounts can be established on a case-by-case basis.

9. Freezing date

As explained above, when purchasing a Product via Bitrefill, it will be delivered as “sealed”. This gives the Customer extra rights that are normally not available when purchasing prepaid products.

Bitrefill also provides Balances and Balance Cards with different denominations, as well as a Rewards balance, to facilitate payment and reward your loyalty.

The right to claim an unsealed Product, as well as to use the Rewards, the Balances, and the Balance Cards, shall  be honoured by Bitrefill. However, in order to manage internal stocks and risk, the right to use the above mentioned features shall be frozen in case of non-use or non-activity for a certain period of time.

The following freezing dates apply:

  • To Bitrefill Balance Cards, one year after the date of purchase;
  • To Bitrefill Balances, one year after the Customer’s last account login;
  • To Bitrefill Rewards, one year after the Customer’s last account login;
  • To sealed Products, one year after the date of purchase if the Product remains sealed;

Bitrefill Gift Cards, Bitrefill Balances and sealed Products already issued or sold before January 1, 2022 will freeze on January 1, 2023.

Any frozen Product or Balance may be unfrozen upon request, to the extent commercially feasible. In this case, Bitrefill shall reissue and/or reinstate the sealed Gift Card, Bitrefill Balance or Bitrefill Gift Card in the same fiat amount they had at the time of the initial freezing. Products or Balances denominated in a cryptocurrency will be reissued with the equivalent in crypto of their USD value at the time of the initial freezing.

Products that were unsealed (either by default or by the Customer) are not covered by this section. Unsealed Products are issued by third parties and are governed by the terms and conditions of those issuers, which you accept by acquiring them unsealed or by unsealing them.

Redeeming those (or obtaining a refund or replacement) past any existing  expiration date is subject to the terms and conditions of the issuer.

Please make sure you read the terms and conditions of the Product you are purchasing before buying or unsealing it, and contact the issuer’s customer support if you have any issues.

10. Refunds.

Please note that due to the nature of the Products, the Customer does not have a cooling-off period of any kind after acquiring an unsealed Product or after unsealing a sealed Product. Once a Product is unsealed, no refunds or reimbursements will be offered unless in the cases where the product delivered is invalid or had already been redeemed prior to delivery. If this is not your case, and your Product is unsealed, we will not issue a refund.

As explained above in “Availability of Third-Party Services”, the purchase of Products through Bitrefill depends on the proper functioning of third-party systems.

Therefore, from time to time, the failure of such systems may cause a transaction to fail, meaning:

  • The Customer did not receive the Product;
  • The Product was received, but cannot be redeemed on account of it having been previously redeemed; or
  • The Product was received, but cannot be redeemed on account of it not being valid.

In these cases, the Customer qualifies for a refund.

In case the Customer does not receive the Product after having paid and appropriate diligences are taken by Bitrefill to provide for the delivery of the Product or understand the cause of the delay, the Customer may request a refund.

In case the Product was received but cannot be redeemed, the Customer shall inform us. We will then start appropriate diligences with the relevant third-party providers in order to correct the issue. Should the third-party provider fail to correct the issue and agree to refund us, we will then refund the Customer.

In case of technical error causing the Product not to be delivered to the Customer, we will refund the Customer in full by crediting its Bitrefill Balance or with a return transaction in the same cryptocurrency.

In case of overpayment, a Customer may also request a refund in the amount paid in excess, deducted from any transaction fees.

In case of underpayment, a Customer may (i) pay the outstanding amount and receive the Product, (ii) ask for a refund in the same cryptocurrency to the same wallet, deducted from any transactions fees or (iii) ask for a refund in their Bitrefill Balance.

In case of balances exceeding the applicable limit a refund will be issued to a Customer upon mandatory identity verification of the account holder. Refusal to conduct verification may lead to Bitrefill freezing the account and any remaining credit until such verification is completed.

Customer verification may also be demanded in order to process exceptional refunds or in situations where Bitrefill deems it necessary for compliance reasons.

If you qualify for a refund (either because your Product is sealed, malfunctioning, or you overpaid or underpaid), you must request it  within 30 days from the date of the transaction. After 30 days, the decision to issue a refund or not is made at the sole discretion of Bitrefill. Refunds requested after 30 days will be made in the form of a Bitrefill Balance Card in the amount of the refund.

Please note that we do not, in any event, refund any transaction fees paid by the Customer that are specific to the payment option selected by the Customer.

We reserve the right to refuse refunds when the costs of refunding exceed the amount to be refunded. The amount of time required to process any refunds request will vary and may take some time.

We also reserve the right to ask you for further information before issuing refunds.

For the purposes of requesting a refund or any further information, the Customer shall contact support@bitrefill.com  or use the chat available at Bitrefill.

11. Bitrefill Rewards.

The Bitrefill Rewards program is a rewards program aimed at rewarding Customers for their loyalty to Bitrefill.

Whenever a Customer makes a Qualified Purchase, the Customer will be awarded the equivalent to a percentage of the amount of the Qualified Purchase in Satoshis (the “Reward”), that will be deposited in the Customer’s Bitrefill Rewards account.

A “Qualified Purchase” is a purchase made by a Customer with an account, by any means of payment accepted by Bitrefill (except payment with the balance of the Customer’s Bitrefill Rewards account), of a Product that is not an Excluded Product.

Excluded Products” means any Thor products, Bitrefill Balance Cards, and any other Products that Bitrefill, from time to time, chooses to exclude.

The amount of the Rewards may vary from product to product and Bitrefill retains the right to establish and subsequently increase, decrease or eliminate the reward given for any Product, as well as to suspend or terminate the program at any time, for a particular Customer or for all Customers.

The Reward amounts earned by a Customer cannot be withdrawn, transferred or assigned, and can be used exclusively to purchase Products at Bitrefill.

Additionally, Bitrefill may, from time to time, distribute promotional codes that can be used by Customers during check-out to earn additional Bitrefill rewards, in a fixed percentage, and limited to a certain maximum amount (to be defined discretionarily by Bitrefill, and communicated on promotional content), of their total purchase. Each code is usable once, and a Customer can only use one code per cart.

12. Refer a friend.

“Refer a Friend” is a customer referral program to reward Customers who refer new customers to Bitrefill.

By participating in it, you acknowledge and consent to the following:

(i) Bitrefill will process any personal data submitted by you according to our Global Privacy Policy. Please ensure that you have obtained the consent of your friends before introducing their personal data for referral purposes.

(ii) Bitrefill reserves the right to remove eligibility from any Customer for any reason at any time. You cannot use multiple accounts owned by you for the purpose of obtaining the Refer a Friend reward. Any attempt to misuse this program will result in exclusion from the ability to participate and the removal of any bonuses from the accounts involved.

(iii) Bitrefill is not responsible for the misallocation of rewards, expiration or deletion of local browser cookies, or any failure to associate referred customers with your account. The allocation of rewards may not be automatic and may be conditioned upon a prior review of compliance with these terms.

(iv) Bitrefill may choose to extend or terminate this program or change its terms at any time.

(v) This is not an affiliate program meant for re-marketing by professionals or inclusion in external content or websites. If you are interested in becoming a professional affiliate please contact us directly.

(vi) You do not have permission to represent Bitrefill, its brand, or its products or partners while participating in this program.

(vii) Spamming, hidden iframes, and public posting of your referral code is forbidden.

If you are not sure whether your behavior falls within our terms, assume it does not and contact us for clarification. Contact support@bitrefill.com with any questions or problems.

13. Other rewards or prizes.

From time to time, Bitrefill may give rewards or prizes in the context of organized campaigns or contests, in the website, in other websites or on social media.

Unless expressly communicated otherwise, each Customer may only apply once, with one account, to these rewards or prizes.

Bitrefill reserves the right to cancel, suspend or claw back any reward or prize awarded if it has reason to suspect that a Customer infringed any rules or attempted to abuse the campaign or contest. Bitrefill also reserves the right to cancel campaigns and contests at any point without awarding the prize or reward, if it has reason to believe there was abuse.

14. Disclaimers related to the Product.

We are a reseller of the Product. We are not the creator, designer, issuer, organizer, beneficiary or manager of the Product (the “Issuer”), nor have we played any role in deciding the terms and conditions applicable to each Product. Therefore, we are not liable for any issue, damage or loss arising from the terms and conditions of each individual Product.

We are not sponsored by any Issuer, nor are we related, acting on behalf or under the express authorisation of any Issuer. We are not liable for any malfunction or any infringement of applicable rules caused by the Issuer.

The Customer, by acquiring the Product, is also entering  into a contractual relationship with the Issuer, to which we are a third-party, against which the contractual defences and rights arising from the relationship between Customer and Issuer shall not apply.

The Customer shall engage in adequate due diligence regarding the terms and conditions of the Product being acquired, in what respects its usability and enforcement against the Issuer. We will not accept any liability for any claims in relation thereto. Those terms and conditions govern the Product acquired.

Customers acknowledge and agree that we are not liable for any decision or policy of the Issuer to refuse to accept the Product on the grounds of the terms and conditions that the Issuer applies in relation to the Product.

We make no representation regarding the Product’s suitability for its intended use and make no other guarantees, warranties or representations in respect of the Product.

15. Responsibility of the Customer.

The Customer is fully liable for any mistakes, losses or damages (against himself, us, or any third-party) arising from (i) the provision of incorrect, inaccurate or fake information and from (ii) the acquisition, resale, use or other related activities of the Product, in a manner that infringes any applicable laws, regulations, contractual terms and conditions or other agreements.

For the avoidance of doubt, when the Product being purchased is a refill of a prepaid SIM card (or any other Product that is redeemed by the Customer through Bitrefill), the Customer is solely responsible for the accuracy and correctness of the information inserted on the platform (including, but not limited to, the phone number, the country, the network operator and the amount of the top-up) and we shall not be liable, in any case, for any consequences arising from the inaccuracy of the elements provided by the Customer.

Likewise, in other cases, the Customer is solely responsible for the accuracy, validity and correctness of the information inserted on the platform (including, but not limited to, the email address to which the Product must be delivered and the amount purchased).

The Customer is responsible for maintaining the confidentiality of its password and account and for any activities and transactions that occur under its account. Each customer must have unique login credentials that may not be shared by multiple customers.

We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you suspect there has been unauthorized access to your account, contact support@bitrefill.com immediately.

16. Unlawful use.

Bitrefill and the Products shall not be used, in any way, to infringe or circumvent the applicable laws and regulations and any unlawful behavior is absolutely forbidden on Bitrefill.

Should we become aware, or reasonably suspect, that a Customer is conducting unlawful activities, or otherwise breaking applicable laws and regulations, or third-party rights, such Customer activities, including but not limited to its purchase history and other data pertaining to its account, will be reported to the relevant authorities, and its access may be restricted until further notice.

Any Customer hereby acknowledges and consents to this approach and to any such disclosures.

Bitrefill is also entitled to freeze any existing balances and/or accounts for as long as needed for the purpose of investigating suspicious behavior. We may be required to not disclose any such ongoing investigations to Customers, in which case we will keep them confidential. Any store credit held in a Bitrefill Balance that is found to have been paid with  proceedings of crime may be seized and delivered to legal authorities.

Customers are intended end-users of the Products. If you want to purchase Products for resale, please reach out to us at support@bitrefill.com and we will guide you through the process. If we suspect you are buying Products for resale, we may freeze your account until you verify as a Corporate Customer.

Furthermore, Customers agree to  not abuse the Bitrefill platform by:

  • engaging in actions which impose an unreasonable or disproportionately large load on our infrastructure;
  • employing uses of robots, spider or other automated means to access, or when accessing, Bitrefill;
  • interfering with, intercepting, modifying or expropriating any system, data, or information from Bitrefill serves;
  • transmitting or uploading any material that contains viruses, trojan horses, worms, or any other harmful or deleterious programs;
  • attempting to gain unauthorized access to the Bitrefill Products, other Bitrefill accounts, computer systems, or networks connected to the Bitrefill servers through password mining or any other means.

17. Re-sale.

Unless expressly agreed in a contract between Bitrefill and the Customer, Products purchased through Bitrefill may not be re-sold and shall be redeemed only either by the Customer, on the Customer’s behalf or by someone to whom the Customer has gifted the Product.

18. Limitation of Liability.

Some jurisdictions limit the ability to disclaim liability. With regard to those jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

Our team.

No members of our team (including employees, contractors, directors, management members and other collaborators) shall have any liability based upon customer’s use of, or reliance upon, Bitrefill or the Products purchased.

Customer decisions.

For the avoidance of doubt, we are not responsible for any decision you make, or action you take, based on your visit to Bitrefill or the information obtained therein.

Accuracy of information.

We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on Bitrefill.

Security.

We work hard to keep Bitrefill secure. We accept no responsibility whatsoever for viruses, malware or other malicious or damaging software on Customer’s devices. Please ensure that your own computer security is comprehensive and up to date.

Third-party content.

This website may include links to third-party websites, plug-ins and applications. For example: if we link you to a tweet on Twitter, or to a post on Medium, or to the Terms & Conditions page of one of the Issuers of the Products, from the moment you click on that link, we are no longer responsible for the content you are seeing or have access to. We do not control these third-party websites and do not accept any responsibility whatsoever for third-party sites available through Bitrefill, via hyperlink or otherwise, nor their respective contents, hyperlinks or security flaws. We encourage any Customer to review the terms of use applicable to those sites. Any access to, or use of, a third-party site is solely at the Customer's own risk.

19. Personal Data Protection and System security.

We take the privacy and protection of the personal data of our Customers very seriously.

Customers shall visit and review our Privacy Policy to know more about how we process and protect their personal data. Do not proceed with using Bitrefill if you do not agree and consent with it.

We require that Customers keep their personal data up to date. You are required to notify us without delay of any changes of your personal data.

Bitrefill follows industry best practices for security and availability. This includes automated vulnerability detection, high availability cloud platforms (aiming for at least 99,99%), automated alert reporting and peer review of code changes. We also run a bug bounty program. Please e-mail support@bitrefill.com should you wish to know more and/or participate.

20. Amendments to the Terms.

We reserve the right to amend these Terms from time to time, to add, amend or remove provisions. We may do so without prior and/or public notice.

The date of the last amendment will be presented prominently on the top of this page and Customers agree to refer to the present hyperlink before each navigation of Bitrefill and before completing a transaction.

21. Intellectual Property.

We reserve all rights with respect to the design and content of Bitrefill. In particular, Customer must not misappropriate the design or content of Bitrefill and must not alter or deface such design or content in any way. Nothing on Bitrefill grants any license with respect to such design or content and any use by the Customer or a third-party must be authorized in writing by us.

All text, photos, graphics, logos, content and other materials on Bitrefill (including, but not limited to, the words “Airfill” and “Bitrefill”, the “Bitrefill” logo and other related and ancillary elements) are protected by copyright, trademark and other applicable laws in the several jurisdictions where we act. In particular, all trademarks, trade names and logos displayed on Bitrefill are our property.

Bitrefill grants no license to use any such text, photos, graphics, logos, content and other materials.

We and our affiliates will pursue all available legal remedies against any infringement of our intellectual property rights.

Excepted from the foregoing are the logos and trademarks used to signal the third-party providers to which each Product refer to. Such logos and trademarks are used to make reference to the Product and the Issuer, and in no way are we claiming, or representing, any sort of ownership, license, authorization, partnership or agreement with the owners or holders of the rights of such logos or trademarks, the Products or the Issuers. Such logos and trademarks belong to their lawful owners and are used in Bitrefill with the sole purpose of identifying the origin or intended use of the Product on sale.

22. Customer service.

We welcome our Customer’s questions and suggestions.

On Bitrefill, there is a chat function that allows Customers to connect with a customer service representative that will reply to any queries in the shortest time possible.

We do our best to reply within the first 24 hours, but we may take longer, depending on the issue and the number of requests we are getting from time to time.

In case the Customer, for any reason. needs to get in contact with us, please use the following address – support@bitrefill.com.

23. Miscellaneous.

If it is illegal or prohibited in the Customer’s country of origin to access or use Bitrefill, or to buy or use any of the Products, then the Customer shall not do so and in doing so is breaching these Terms.

Those who choose to access Bitrefill access it on their own initiative and are responsible for compliance with all local laws and regulations.

You should be at least 16 years old (or higher, if a higher age is required in your jurisdiction in order for you to be able to legally conclude a contract) to use Bitrefill services, or otherwise duly authorised and supervised by your parents. Certain Products, such as the Bitrefill Card, may be restricted to Customers with at least 18 years of age.

These Terms, the transactions between Customers and us made through Bitrefill, and any disputes relating to these Terms or the Customer’s use of Bitrefill, shall be governed in all respects by the laws of Sweden and shall be resolved exclusively in the courts of Sweden.

These Terms, together with the Privacy Policy and Cookie Policy, set forth the entire agreement between the Customer and us with respect to the subject matter hereof and supersedes all prior agreements relating to such subject matter. They remain in force for as long as you remain a Customer.

All our team members, including officers, employees and contractors, and related entities, are intended third-party beneficiaries of these Terms. Theirs and our rights under these Terms may be waived by them or by us only in writing.

The English version of these Terms and any other rules available in Bitrefill shall prevail over any translations available in Bitrefill.

In the event any provision of these Terms is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of these Terms and replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed, and shall not cause the invalidity or unenforceability of the remainder of these Terms.

24. The “Virtual Prepaid Visa®” Card

Issuance. The Virtual Prepaid Visa® Card (the “Visa Card”) is issued by Sutton Bank®, Member FDIC, pursuant to a license from Visa U.S.A. Inc, and fulfilled by Perfect Gift, LLC, pursuant to their Terms of Use, which apply and can be found here: https://www.perfectgift.com/terms-of-use.

The Virtual Prepaid Visa Card is a non-reloadable virtual payment card that can be redeemed at internet merchants everywhere Visa debit cards are accepted in the United States.

Verified US Residents Only.

The Visa Card is only available to Customers with verified accounts who provided proof of address in the United States of America and a valid, verifiable US tax identification number. The verification data will be collected and processed under the Bitrefill Privacy Policy, using our provider Sumsub, and may be shared with Sutton Bank and Perfect Gift, LLC, for compliance with applicable banking and anti-money laundering regulations.

Geographical limitation.

The Visa Card is available for use with merchants located in the United States of America. Any use, or attempt to use, of the Visa Card outside of the United States of America shall be considered an infringement of these Terms, may lead to suspension of your account and may impact on your ability to use any previously acquired Visa Cards, for which Bitrefill disclaims any and all liability.

Purchasing limits.

Eligible Customers may acquire Visa Cards in an aggregate amount of 1,000.00 USD per each seven days. Any attempt to circumvent this limit shall result in the suspension of your account and may impact your ability to use any previously acquired Visa Cards.

Fees.

The purchase, delivery and activation of the Visa Cards may entail the payment of fees, which shall be displayed on the product page and/or during the check-out process. By proceeding with payment, you accept those fees.

Redemption.

The Visa Cards can be used everywhere Visa debit cards are accepted in the United States. The Visa Cards cannot, in any way, be redeemed for cash, or enable ATM use.

Prohibited Uses.

It is strictly prohibited the acquisition of Visa Cards for resale, for the purpose of manufacturing spend to earn cash back, travel miles, and/or other such rewards, or for the purpose of purchasing goods for resale or wholesale. Any violation of this provision shall result in the suspension of your account and may impact your ability to use any previously acquired Visa Cards, for which Bitrefill disclaims any and all liability.

No refunds.

Bitrefill will not issue refunds for Visa Cards. All sales are final.

Stolen, expired or lost cards.

The replacement of stolen expired or lost cards may be possible, at the discretion of Bitrefill, for (i) Visa Cards with a balance greater than 5.00 USD and (ii) that the Customer is capable of identifying (with the card number, CVV, among other identifiers). Such a replacement has a cost of 5.00 USD, to be debited from the balance of the card upon replacement.

Trademarks.

Visa is a registered trademark of Visa, U.S.A. Inc. All other trademarks and service marks belong to their respective owners.

25. Bitrefill eSIM.

Bitrefill eSIM.

Bitrefill offers an eSIM product branded “Bitrefill eSIM” that is powered by ESIM Go Limited, a company incorporated under the laws of England and Wales, whose company number is 12465777 and whose registered office is at Office 6, Guardian House, 7 North Bar Street, Banbury, Oxfordshire, England, OX16 0TB (henceforth known as the “Supplier” for the purposes of this section).

Supplier is the provider of the Bitrefill eSIM and of the Mobile Data Services described herein. This section of the Terms governs the terms and conditions of this product.

In this section of the Terms, a reference to “we”, “our” or “us” means eSIM Go Limited, and not Bitrefill, and a reference to “you” or “your” means the person which purchased a Bitrefill eSIM Plan from our website.

Definition.

This section “Bitrefill eSIM” (and only this section) uses the following defined terms:

  • Activation (and Activated) means registering your eSIM onto a mobile network for the first time for a Plan, or Plans, purchased for the country in which Activation occurs;
  • Affiliate means Bitrefill;
  • Compatible Mobile Device means a device which can register onto a mobile data network and consuming the Supplier Mobile Data service without a physical subscriber identification module, a list of which is available at the Supplier’s website (and may be amended by Supplier without notice from time to time)
  • Competent Authority means any person or entity with relevant statutory jurisdiction over you, the Supplier, or the Mobile Data service;
  • Consumer means a natural person entering into this agreement and/or using the Mobile Data services outside their business, trade or profession;
  • eSIM means the profile supplied by Supplier for the purposes of using Mobile Data services on a Compatible Mobile Device (including compatible tablets and laptops);
  • Group Companies means any subsidiary of eSIM Go Limited, its parent(s) and any subsidiaries of those parent(s);
  • Mobile Data means GPRS, 3G, HSDPA, LTE, LTE+ and 5G mobile carrier network access providing access to the internet through the receipt and transmission of electromagnetic energy over paths that are not provided by any material substance constructed or arranged for the purpose of conveying electromagnetic energy; and
  • Plan means the Mobile Data package you purchased from us via our website;
  • Virus means any manipulating program which modifies other programs and/or replicates itself, or any malicious code or agent introduced to a system for the purposes of spying or causing harm.
Plan.

You have the right to cancel your Plan, providing you do so within fourteen (14) days of purchase and have not Activated your Plan or Plans.

All our Plans come with a pre-loaded data allowance that lasts for the term specified when purchased, starting from Activation until the included data allowance is used or the term expires. If your Plan expires before any or all the included data allowance is used, you will lose the remaining balance of any included data allowance.

Any Plans which are not Activated within twelve (12) months of purchase shall expire without any refund to you. Any eSIM which is not used within twelve (12) months of allocation may be cancelled and you may be required to load a new eSIM to your device(s) prior to Activation of a Plan or Plans.

You may purchase additional inclusive allowances from the our website (subject to availability) by purchasing new Plans, at the prevailing rate in force at the time. We do not warrant that any particular Plan will be available, nor guarantee any prices in the future.

We will use reasonable endeavours to let you know by e-mail and an SMS (to your eSIM) when you have used certain percentages of your Plan, and when the Plan is exhausted.  Once the Plan is exhausted, you may need to use WiFi or alternative means of accessing our website to purchase an additional Plan if you need one as Mobile Data connectivity from your device shall cease to work until a new Plan is Activated.

Any inclusive data allowance you have is for use when in the countries specified at the time you purchased your Plan.

Using our Mobile Data service.

You may only use our Mobile Data service for your own personal use during short-term travel away from your normal country of residence. You must only use the Mobile Data service in accordance with our Acceptable Use Policy and may not use it for more than sixty (60) consecutive days in any one country.

Our Plans are a Mobile Data service only and do not support voice calling or access to the emergency services.

The Mobile Data service depends on coverage from our in-country network partners which is not guaranteed nor is the Mobile Data service itself guaranteed to be fault-free or free from interruptions. Factors such as (but not limited to) atmospheric conditions, population density, usage of the network by others, terrain, distance from the nearest cellular tower(s), position within a building all affect the quality of the Mobile Data service.

All your usage of the Mobile Data service will be debited from your inclusive data allowance, regardless of how that allowance was consumed (which, for the avoidance of doubt, includes any usage caused by a Virus). You are strongly advised to keep your device secure (for example, but not limited to, preventing accidental or malicious pairing), your Breeze account credentials secure, and deactivate downloads or streaming services on devices with a Plan except for over WiFi.

We, or our Affiliate, may take steps to protect the integrity of the Mobile Data service from time to time, by applying traffic management controls the details of which shall be available on our website and amended by us (without notice) from time to time.

Our Liability to You.

We are only liable to you as set out in this section. We have no other duty or liability to you.

Nothing in this Agreement removes or limits our liability for death or personal injury caused by something we have done or failed to do or for any fraudulent misrepresentation we may have made to you.

Except as set out in the preceding two paragraphs, our total liability to you for something we or anyone who works for us does or does not do will be limited to £1,000 for one incident or £3,000 for a number of incidents within any twelve (12) month period.

If you are using the Mobile Data service in connection with your trade or profession, we are not liable to you in any way for any loss or damage that was not reasonably foreseeable at the time you entered this Agreement. This includes but is not limited to loss of income; business; anticipated savings (meaning costs you expected to avoid by using the Mobile Data service) or anticipated profits, loss of property or loss of use of property.

If you are a Consumer, we are not liable to you in any way for any loss of income; business or profits; or for any loss or damage that was not reasonably foreseeable at the time you entered this Agreement.

You must tell us about any claim as soon as reasonably possible. We will not be liable to you if we cannot carry out our duties or provide Services because of something beyond our control.

We will not be responsible for any harm you suffer from a Virus which infiltrates your devices, whether it was transmitted via the Mobile Data services or otherwise. You remain responsible for all Charges applied to Your Account(s) for the use of any Services activated by such a Virus.

This liability clause will apply even after this agreement has been terminated.

Suspension of the Mobile Data service.

We may suspend the Mobile Data services or terminate this agreement and disconnect any eSIM from our network without warning if:

  • Our, or our partners’ network breaks down or needs maintenance. We will try to make sure this does not happen often; or
  • You or anyone who uses your Plan does not keep to the conditions of this agreement, or any other agreement with us.

Any period of suspension shall count against the period of any Plan.

The rights that we have under this paragraph are in addition to the other rights that we have to suspend and/or terminate the Services and/or suspend or terminate this agreement as set out in this “Bitrefill eSIM” section.

Your Right to Terminate this Agreement.

You may terminate this agreement at any time, such notice of termination shall come into effect on the last day of the validity period of any Plans you have purchased. Termination does not give rise to any right for a credit for unused allowances (save where terminated in accordance with point 4 of this agreement).

Our Right to Terminate this Agreement.

We can terminate this Agreement immediately (without any refund owing to you), if any of the following happen:

  • You break an important condition of this Agreement or a number of less important conditions;
  • We are required to do so by law or a decision of a Competent Authority; or
  • You break a less important condition of this Agreement and do not put it right within seven (7) days of us asking you to; or
  • We can terminate this Agreement immediately, and shall, within a reasonable timeframe, refund to you any Plan or Plans which are not Activated in full, or a reasonable pro-rata amount for any Plan or Plans which are Activated but neither expired nor fully used:
  • We are required to do so by law of a decision of a Competent Authority and that law of Competent Authority requires us to give you a refund; or
  • We are unable to provide the Mobile Data service in the country or countries specified for a given Plan or Plans.
General.

You need to get our explicit consent before You can transfer or try to transfer any of your rights and responsibilities under this agreement. We may transfer any of ours without your permission, provided the level of service you currently experience is not materially reduced as a result.

We can record any conversations between you and our staff (including retaining any live text chats).

We may send notices to either your postal address, your online account, your email address or we may also send you ‘over the air’ updates to devices which may make some minor adjustments to the functionality or display on those devices. You’ll need to accept these changes which may include doing anything reasonable we request; a failure to do so may mean the Mobile Data service is inoperable.

You must keep us informed of any changes to your postal address or email address. We are not responsible for messages or notices that don’t get to you because of a change of your postal or e-mail address, a fault with your e-mail address and/or provider, or because your devices are misconfigured or turned off.

Unless otherwise stated in this Agreement, any notices from you to us must be sent to: 8 North Bar Street, Banbury, Oxfordshire, United Kingdom, OX16 0TB.

Any concession or extra time that we allow you only applies to the specific circumstances in which we give it. It does not affect our rights under this agreement in any other way.

This Agreement shall not confer any benefit on a third party under the Contracts (Rights of Third Parties) Act 1999. English law will apply to the Agreement between You and the Supplier under this “Bitrefill eSIM” section and any related disputes will be settled in the Courts of England and Wales, Scotland or Northern Ireland (as applicable). You may be able to take Your disputes to adjudication under the Communications and Internet Services Adjudications Scheme, the details of which are set out in Our Complaints Code of Practice. We will give you a copy if you ask for it.

If a point or condition of this Agreement is not legally effective, the remainder of this agreement shall be effective. We can replace any point or condition that is not legally effective with a point or condition of similar meaning that is.

This agreement is the whole agreement between you and us. Any other information that you may have seen or heard before you entered into this agreement isn’t included.

Your Information.

You confirm that the information that you provide to us, including your registration details, is true, accurate and complete. You agree to inform us immediately of any changes to your details by contacting our customer services as set out below.

We will use your personal information in accordance with the terms of this agreement and our privacy policy which you can find on our website.

Where you were referred to us by an Affiliate, we may share your e-mail address and purchase history with the Affiliate from time to time, in addition with any other information which you consented for the Affiliate to receive when entering into an agreement with the Affiliate.

We and/or Our Group Companies will use your personal information for providing the Mobile Data service, administration of your Account and billing, advertising, marketing, research, analytics, credit scoring, customer services, tracking the devices you are using on our network and web use and profiling your preferences. We will disclose your information to our service providers and agents to help us with these purposes. We will keep your information for a reasonable period after your contract with us has finished in case you decide to use our services again and may contact you about your services during this time.

You agree that we, our Group Companies and our carefully selected business partners can use information about you, including information about your use of our network, Mobile Data service and related products and the location of the devices you are using on our network, to tell you about products, services or promotions offered by us and third parties that may be of interest to you and for research and analytics purposes. We may contact you by post, fax, email, telephone, electronic messaging (including but not limited to SMS and MMS) or online or via any other interactive media. If you would prefer not to receive direct marketing communications from us, simply let us know by clicking the unsubscribe link in the email and we will stop sending them to you. Please see our privacy policy on our website for further details. If you will be permitting someone else to us the Mobile Data services then you agree that you have told that person how we will use their information and obtained their consent to this.

You have a right to ask for a copy of your personal information (for a small charge) and to correct any inaccuracies. Please see our privacy policy for further details.

In the event of a personal data security breach that affects you, we will notify the relevant authorities, and if appropriate, we will notify the subscriber or user of our Mobile Data service who is affected by the breach in writing. A personal data security breach that affects you (or the subscriber/user) does not give you the right to terminate this Agreement.

We may transfer your personal information to countries outside of the European Economic Area, which do not always provide the same level of data protection as the UK, for the purposes of providing you with our Services. If we do make such a transfer, we will put a contract in place with our service providers including security obligations on them to ensure your information is protected in accordance with UK standards.

We will carry out any activity or disclosure of your personal information to comply with our legal and regulatory requirements, for law enforcement purposes and to detect, prevent or investigate crime, fraud and misuse of or damage to our network or Mobile Data services.

26. Bitrefill Card.

Provision of services.

Bitrefill offers, in connection with third-party providers better identified in this section, access to the Bitrefill Card, a product that enables you to access the following services:

  • Use of the Bitrefill Card.
  • Virtual Asset Services, consisting in the provisioning a virtual asset wallet/account and providing virtual asset exchange and transfer services.
  • Virtual IBAN issuing,  for fiat currency deposits and withdrawals.
  • Payment Card related services, consisting in Payment Card issuing and transactions.

Your use of the Bitrefill Card is governed by Bitrefill Terms and Conditions and is additionally subject to the terms of our third-party providers which you must accept before using them by ticking the relevant boxes when creating your Bitrefill card account.

Virtual Asset services are provided, and Virtual IBAN issuing and transacting is made available by Striga Technology OÜ (registry code: 16298772), address: Sepapaja 6, Tallinn, Estonia, in accordance with its terms and conditions, that can be found here: https://striga.com/wp-content/uploads/2022/11/T_C_Striga.pdf

The Bitrefill Card is issued, and related payment services are provided by Wallester AS (registry code: 11812881), address F.R. Kreutzwaldi 4, 10120 Tallinn, Estonia, in accordance with its terms and conditions, that can be found here: https://wallester.com/pt/terms

The Visa Payment Card Terms and Conditios can be found here: https://storage.googleapis.com/striga-public-docs/Static%20Partner%20TCs/Striga-Card-T%26Cs-Combined.pdf

Account creation.

You will be able to access the Bitrefill Card via your Bitrefill account, provided your e-mail has been verified and you are eligible to obtain it. Further eligibility requirements, established and verified by our partners, shall apply and are governed by their terms and conditions, which can be found in the links above.

Deposits.

You will be able to use your virtual assets to add funds to your Bitrefill Card account. When sending eligible virtual assets to your Bitrefill Card account, you consent to them being converted by our third-party Striga Technology OÜ into an equivalent in Euro currency, for any applicable fees to be deducted from such converted amount, and for that Euro balance to be added to your Bitrefill Card account.

Before you make any deposit in your Bitrefill Card account, you will also be shown an exchange rate, based on the market rates offered by Striga Technology OÜ and available at the time. The final exchange rate applicable to you may vary according to when your transaction is confirmed.

By proceeding with your deposit, you accept that the exchange rate shown to you may not be the exchange rate finally applicable to you. The applicable exchange rate will be the one in place at the time of confirmation of your transaction.

Fees.

Bitrefill will only charge the fees described in the “Pricing” page.

We collect our share of the fees through our third-party provider Striga Technology OÜ.

We guarantee that we instruct Striga Technology OÜ to debit the fees payable by you from your account in accordance with the pricing shown to you. We assume sole liability for compensating charged fees to which you have not consented.

Privacy Policies.

As the Bitrefill Card product is provided by third-parties, in connection with Bitrefill, the Privacy Policies of both Bitrefill and the third-parties must be accepted before accessing the product. Those policies can be found here: