Terms of Service

1. Service Scope & "As-Is"

• Network Dependency: Our services rely on third-party basic telecommunications operator networks in various destination countries or regions worldwide. Service coverage, speed, and quality are subject to the actual network conditions of local operators and may vary due to objective factors such as geographic location, terrain, weather, building obstruction, base station load, and device models.
• "As-Is" Provision: The Company explicitly declares that all services are provided on an "As-Is" and "As-Available" basis. We do not guarantee that the services will be uninterrupted, timely, secure, error-free, or fully covered at all times.
• Fair Usage Policy (FUP): If the plan you purchased includes "unlimited data", the service will be subject to the fair usage policy of the local network operator. When a user's data consumption reaches an abnormally high threshold in a short period of time, the local operator may proactively reduce your network access speed. The Company is not responsible for such network slowdowns caused by these policies.

2. Device Requirements

• Self-Check Compatibility: Users have the absolute responsibility to verify and confirm whether their mobile device supports eSIM technology and whether the device is completely Network Unlocked / Carrier Unlocked before purchasing.
• Network Lock Restrictions: Any inability to activate or use the service caused by the device not supporting eSIM or not removing the carrier network lock (such as contract phones, customized phones) is the user's personal responsibility, and the Company will not provide any compensation.
• Configuration Errors: You need to configure the device correctly yourself (including but not limited to turning on "Data Roaming", correctly selecting the primary and secondary card data priority, configuring APN, etc.). The Company is not responsible for third-party roaming fees, long-distance fees, or local operator penalty fees resulting from the user's own configuration errors.

3. Acceptable Use Policy

You agree to use this service only for legal personal travel communication connections. It is strictly prohibited to use this service for the following activities:

• Any activities that violate local, national, or international laws and regulations (including but not limited to fraud, money laundering, cyber attacks, etc.);
• Distributing spam, malware, making automated bulk calls, or sending fraudulent messages;
• Reselling, distributing, commercial leasing, or transferring this service to any third party without the written permission of the Company;
• Any malicious traffic behavior that abuses, excessively occupies, or interferes with the normal operation of other users and the basic network.

4. Payment & Anti-Fraud

In the event of a violation of any of the above provisions, the Company reserves the right to immediately terminate your service without prior notice and without refund, and reserves the right to hand over relevant illegal clues to law enforcement agencies.

• Price Changes: Service prices and plan contents may change at any time based on tariff adjustments by global operators. Please refer to the page display at the time of purchase.
• Anti-Fraud Controls: To prevent credit card theft and malicious chargebacks, the Company reserves the right to use automated risk assessment systems to review orders. If the system detects an abnormal payment risk, suspected theft, or abnormally large purchases in a short period of time, we have the right to freeze the order, refuse delivery, or void the issued activation code/QR code without notice.
• Identity Verification (KYC): In accordance with the laws and regulations of some destination countries, the use of communication services may require real-name authentication. Users agree to provide true identity documents as required when necessary. If the service cannot be opened or is cut off by the local government because the user refuses to provide, provides false information, or fails the review, the Company will not be responsible.

5. Refund & Return Policy

Due to the special nature of digital communication products, once the product is issued, the locking of communication resources and cost investment occur.

• Used Definition: Activated eSIMs, scanned/read QR codes (meaning the data has been delivered), shipped or activated physical SIM cards are all considered "used products".
• Non-Refundable Circumstances: Including but not limited to the following situations, the Company will not provide a refund:
• - Inability to activate because the user's device does not support eSIM or is locked;
• - The service is no longer needed due to changes in the user's itinerary, cancellation, early termination, or personal subjective reasons;
• - The user did not configure the device correctly according to the guidelines and refused to cooperate with technical customer service to assist in troubleshooting.
• Limited Refund Conditions: You can only apply for a refund if all the following conditions are met simultaneously:
• - It is verified to be a technical failure on the part of the Company or the local network, resulting in a complete inability to connect to the network;
• - Users must report the failure to us through official channels (info@gianttree.ca or online customer service) within 48 hours of arriving at the destination and provide clear system error screenshots and device setting screenshots;
• - Confirmed as an irreparable technical defect after remote troubleshooting by the Company's technical personnel.

6. Limitation of Liability

This is the clause that protects the core interests of the Company:

• Maximum Compensation Limit: To the maximum extent permitted by law, for any claims arising from or related to this service (whether based on contract, tort, or other legal theories), Giant Tree Canada Inc's cumulative maximum total compensation to the user shall under no circumstances exceed the amount actually paid by the user to the Company for the specific service order causing the dispute.
• Exemption from Indirect Losses: The Company shall not bear any legal responsibility for any indirect damages, incidental damages, special damages, loss of business profits, itinerary delay losses, data loss, or punitive damages caused by network disconnection, poor signal, service delay or interruption.

7. Force Majeure

The Company shall not be liable for any breach of contract due to service delays, interruptions, or inability to perform caused by events beyond the Company's reasonable control. Such events include but are not limited to: natural disasters (such as earthquakes, typhoons), wars, strikes, government decrees or regulatory changes, large-scale paralysis of cross-border basic telecommunications operator networks, international submarine cable interruptions, hacker attacks, epidemics, or insurmountable technical limitations.

8. Intellectual Property

• Asset Ownership: All intellectual property rights of the Company's website, mobile platforms, brand logos, code, technical architecture, text, and images are the exclusive property of Giant Tree Canada Inc. Without explicit written permission, no one may copy, modify, reverse engineer, or use them for commercial activities.
• Third-Party Responsibility: During the service process, if third-party payment gateways (such as Stripe, PayPal) or specific local third-party applications are involved, users must comply with the terms of service of the third party. The Company shall not be legally responsible for losses or data privacy leaks caused by third-party service providers.

9. Governing Law & Jurisdiction

• Governing Law: The establishment, effectiveness, performance, interpretation, and any disputes arising from this service shall be governed entirely by and interpreted in accordance with the Laws of the Province of Ontario, Canada, and applicable Canadian federal laws, excluding the application of conflict of laws principles.
• Dispute Resolution Venue: Any legal actions, claims, or disputes arising from or related to these Terms or the Services shall first be resolved through friendly negotiation; if negotiation fails, they must be submitted to the competent local or superior court in the Province of Ontario, Canada (specifically Oakville) for trial. You hereby irrevocably waive the right to object to the jurisdiction of such courts (including objections based on inconvenient forum).

10. Miscellaneous

• Terms Revision: We reserve the right to update or modify these Terms at any time. The revised Terms will become effective upon being published on the website. If you continue to use our services after the terms are updated, it means you accept the revised Terms.
• Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and such ruling shall not affect the validity, legality, and enforceability of any remaining provisions.
• Entire Agreement: These Terms constitute the entire legal agreement between you and Giant Tree Canada Inc regarding the use of the Services and supersede any prior oral or written representations, promises, or understandings between the parties in this regard.