October 2025

Firsty.app Terms and Conditions

1. Introduction

These General Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User" or "you") and Firsty B2C Pte. Ltd., trading as Firsty ("Firsty", "we", "us", or "our"), a company registered in Singapore at 8 Cross Street #20-01, Manulife Tower, Singapore 048424. Our company registration number is 202507463H.

These Terms govern your access to and use of our website (www.firsty.app) (“the Site”), mobile application (Firsty App), and all related connectivity products and services (collectively, the "Services"). By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must immediately discontinue use of the Services.

We may post supplemental terms or documents on the Services from time to time, which are hereby expressly incorporated by reference. We reserve the right to modify these Terms at any time. We undertake to notify you of any proposed changes on a durable medium (e.g., via email or an in-app notification) at least one month before they take effect. If you do not accept the modified Terms, you have the right to terminate the agreement before the changes come into force. Your continued use of the Services after any modifications signifies your acceptance of the revised Terms. This right to terminate does not apply if the changes are exclusively to your benefit, or are of a purely administrative nature with no negative effect on You.

2. Definitions and Interpretation

The following terms shall have the meanings set forth below:

• Account: Your user account created to access and manage our Services.

• App: The mobile application named "Firsty" provided by us.

• Automated Decision-Making: A decision made automatically by Firsty's systems without human intervention, as detailed in these Terms and the Privacy Policy.

• Content: Any data, text, graphics, images, audio, video, or other material accessible through the Services.

• Cookie Policy: Firsty's policy detailing the use of cookies and similar technologies, available on our website.

• Data Plan: The specific package of data allowances and associated terms purchased by a User for use with Firsty Services.

• eSIM: An embedded Subscriber Identity Module (eSIM) is a digital SIM that allows you to activate a mobile data plan from a carrier without having to use a physical nano-SIM card. Firsty's connectivity services are enabled by an eSIM on the end-user's device.

• Intellectual Property Rights: All intellectual property rights including, but not limited to, copyrights, patents, trade secrets, trademarks, service marks, and logos.

• Parties: Refers to Firsty and the User.

• Personal Data: Any information relating to an identified or identifiable natural person, as defined by applicable data protection laws.

• Privacy Policy: Firsty's Privacy Policy, which details the collection, use, storage, and protection of Personal Data.

• Fair Use: the reasonable and proportionate usage of a service by the user in accordance with the intended purpose of the service, as determined by Firsty. Fair Use is intended to prevent excessive, abusive, or fraudulent usage that may adversely affect the performance, availability, or integrity of the Services.

• Service Abuse: Actions detected by Firsty's systems, such as bypassing technical measures to consume data beyond Fair Use Policy

• Plan: means either (i) Firsty Free Data Plan, (ii) Day Pass Data Plan or (iii) Subscriptions Data Plan

2.1 Contract summary

When you complete your first purchase, you will be provided with a clear and concise contract summary free of charge. This summary contains the main elements of the service. This summary, along with these Terms and Conditions, forms an integral part of our agreement.

3. Services Description

Firsty provides a digital connectivity solution enabling users to access mobile data through eSIM technology on a per-country basis. The Services are designed to offer seamless, cost-effective access to mobile data for international users, via our platform that connects with Tier 1 network operators.

3.1 Firsty Free Data Plan

"Firsty Free" provides Users with a time-limited internet session of up to thirty (30) minutes in exchange for viewing Third-Party advertising content. The internet session begins immediately upon completion of the advertisement viewing. Failure to complete the advertisement viewing will result in no connectivity access. Additional terms and conditions regarding advertising content are set forth in Section 13 below.

This service offers limited connectivity sufficient for essential travel applications including but not limited to messaging platforms, email services, mapping applications such as Google Maps, and ride-sharing services such as Uber. The service is not intended for data-intensive or high-bandwidth applications or activities. Users may stack multiple sessions by viewing additional advertisements consecutively, up to a maximum total of six (6) hours of connectivity time.

Firsty reserves the right to enable or disable Firsty Free services in any country based on product viability assessments, market conditions, regulatory requirements, or other business considerations without prior notice to Users. Firsty makes no guarantee regarding the availability, performance, or compatibility of Firsty Free with specific applications or services.

Next to Firsty Free, Firsty offers three categories of pre-paid services:

3.2 Day Pass Data Plan

A fee-based connectivity service made available to the User on a per-country or multi-country basis, which enables the User to unlimited internet access (mobile data) within the applicable country or countries, for a continuous period of twenty-four (24) hours commencing upon activation, available in three tiers based on high-speed data allocation: Economy, Comfort+, First Class. Each Day Pass includes an initial high-speed data allocation that varies by tier, after which data speeds are reduced to 512 kilobits per second (kbps) for the remainder of the 24-hour period. Notwithstanding any reduction in speed after the initial high-speed allocation, the User shall maintain unlimited internet access. The service is designed to offer sufficient connectivity for essential online activities, including but not limited to messaging, e-mailing, navigation and ride-sharing services such as Uber.

Additional terms and conditions on Day Passes are set forth in Section 4 below.

3.3 Subscriptions Data Plan

The monthly service plans with a duration of thirty (30) days from the date of activation. Each Subscription includes a predetermined data allowance measured in gigabytes (GB) as specified in the applicable plan details, and enables data connectivity services in one hundred twenty (120) countries as listed in the Subscription information. Subscriptions grant the Subscriber access to the highest network speed available on the local network at the time of connection. This speed is applicable to all data usage up to the limit of the plan's specified data allowance. Subscriptions automatically renew for successive 30-day periods unless cancelled by the User prior to the end of the current subscription period.

Available monthly subscriptions:

• Economy Subscription: 1.5GB of high-speed data per 30-day period

• Comfort+ Subscription: 5GB of high-speed data per 30-day period

• First Class Subscription: 10GB of high-speed data per 30-day period

Monthly Data Subscriptions do not include voice, SMS, or emergency calling capabilities.

3.4 Calling

To the extent included in your plan, Firsty’s Calling Services are Voice over Internet Protocol (VoIP) services enabling voice calls at competitive per-minute rates. Calling rates vary based on both the originating country and destination country of the call. Users can purchase calling credits in either Euros (EUR) to access these services. Detailed rate information and calling credit purchase options are available through the Company's platform.

3.5 Service Availability

While we strive for continuous availability, the Services are provided on an "as is" and "as available" basis without guarantees of uninterrupted or error-free operation. Firsty is dependent upon third-party mobile network operators, telecommunications infrastructure, and other external service providers over which the Company has no direct control. Users acknowledge that data connectivity services are supplied by third-party registered Mobile Virtual Network Enablers (MVNE), Mobile Network Operators (MNOs) and Mobile Virtual Network Operators (MVNOs) with whom the Company has established commercial arrangements. The availability, quality, and performance of the Services may be affected by factors including but not limited to network congestion, technical limitations, geographical constraints, and the operational status of such third-party networks. Users acknowledge that temporary service interruptions may occur and that such interruptions do not constitute a breach of these Terms & Conditions.

3.6 Scheduled Maintenance

Firsty reserves the right to temporarily suspend or restrict Services for scheduled maintenance, system upgrades, security improvements, or other operational requirements. Where reasonably practicable, the Company will provide advance notice of planned maintenance that may materially affect Service availability.

3.7 Limitation of Liability

Firsty shall not be liable for any service interruptions, network failures, reduced performance, or unavailability of Services caused by or resulting from: (i) third-party network operator failures or maintenance; (ii) telecommunications infrastructure issues; (iii) force majeure events; (iv) governmental actions or regulations; (v) natural disasters; or (vi) any other circumstances beyond Firsty's reasonable control.

4. Day Passes Services:  Unlimited data with Fair Usage Policy

Each Day Pass Service includes a specified daily allowance of high-speed data, which varies by type of Day Pass:

• Comfort+ Day Pass: 512 MB of high-speed data at 5Mbps (indicative), 1 GB of high-speed data at 1 Mbps (indicative) per 24-hour period

• First Class Day Pass: 5 GB of ultra high-speed data (highest available on our platform at time and location of connection) per 24-hour period

4.1 Fair Use Policy

Firsty enforces a Fair Use Policy for all Day Pass Services to ensure optimal network performance and equitable access for all Users. Upon reaching the high-speed data allowance specified for the applicable Day Pass Service, data transmission speeds will be automatically reduced to a maximum of 512 Kbps for the remainder of that 24-hour period. This reduced speed will allow continued basic connectivity for essential services such as messaging, e-mail, Uber services.

Users may purchase additional high-speed data, per additional 1 GB of high-speed data that can be used during a 24-hour period. Upgrades are available for purchase at any time during an active Day Pass Service period.

High-speed data allowances reset every 24 hours from the time of Day Pass activation, at which point Users will again receive access to their full high-speed data allocation as specified in their Day Pass Service tier.

Firsty reserves the right to monitor data usage patterns and enforce this Fair Use Policy to prevent network abuse and ensure service quality for all Users. Any attempts to circumvent or abuse the Fair Use Policy may result in service suspension or termination.

4.2 No Rollover

Unused high-speed data allowances do not carry over to subsequent 24-hour periods and expire at the end of each 24-hour window.

4.3 Day Pass Management

Users may manage their multi-day Day Pass plans through the following options:

(a) Pause Functionality: Users can pause their multi-day plan at any time. Upon pausing, the current active 24-hour period will continue to run until completion, but all remaining full days will be paused and preserved for future use. Paused days do not expire and remain available in the User's account indefinitely until activated by the User.

(b) Plan Modifications: Users may modify their Day Pass plans by: (i) adding additional countries to their existing plan; (ii) purchasing additional days; or (iii) upgrading their plan to a higher tier (Comfort+ to First Class).

5. Service Access Technical Requirements

All Services are exclusively available through Firsty’s proprietary mobile application in conjunction with Firsty’s eSIM technology. Both components are essential for service functionality.

5.1 Dual Requirements

Users must: (i) download, install, and maintain the App on an unlocked and eSIM-compatible device; and (ii) successfully install and activate Firsty’s eSIM profile on their device to access any Services. The Services cannot be accessed through any other means, including but not limited to web browsers, third-party applications, alternative platforms, or third-party eSIM providers.

5.2 Device and System Compatibility

The App and eSIM services are designed for use on:

• Supported mobile operating systems (iOS and Android)

• eSIM-compatible devices with proper eSIM functionality

Users are responsible for ensuring their device meets the minimum technical requirements for both App installation and eSIM activation. Firsty reserves the right to discontinue support for older operating system versions or devices at its sole discretion.

5.3 eSIM Installation and Activation

Users must successfully complete the eSIM installation process through the App before accessing connectivity services. The eSIM profile must remain active and properly configured on the device for continued service access. Users are responsible for maintaining proper eSIM functionality on their device.

5.4 App Updates and eSIM Management

Users must maintain the most current version of the App and ensure their eSIM profile remains properly configured to continue accessing Services. Firsty may require mandatory App updates or eSIM profile updates to ensure service functionality, security, and compliance. Failure to update the App or maintain proper eSIM configuration may result in service interruption or inability to access Services.

5.5 Service Availability

The App is distributed through authorized application stores and platforms. eSIM profiles are delivered through the App's integrated provisioning system. Firsty does not guarantee continuous availability through any specific distribution channel and reserves the right to modify distribution methods at its sole discretion.

5.6 Service Access Restrictions

Firsty reserves the right to restrict or deny App availability and eSIM provisioning based on various factors, including but not limited to: (i) Users who are residents of countries subject to sanctions under European Union (EU) or United Nations (UN) regulations; (ii) devices that do not support eSIM technology; (iii) regulatory restrictions in specific jurisdictions; (iv) technical compatibility limitations; or (v) other business, legal, or operational considerations as determined by Firsty’s sole discretion.

5.7 Service Limitations

Services are subject to both App functionality and eSIM connectivity limitations. Firsty is not responsible for service limitations arising from device compatibility issues, App store policies, or eSIM technical constraints beyond the Company's control.

6. Account Registration and Account Security

Subject to the User meeting all conditions set forth in Section 5, the following account registration and security requirements apply.

To use the Services, you must complete the registration process by providing a valid mobile phone number. Upon submission of your phone number, you will receive a one-time verification code (OTP) via SMS or WhatsApp, depending on availability and technical compatibility.

You must enter this verification code within the App to authenticate your identity and activate your access. This process is mandatory for account creation and access to the Services.

By completing this step, you confirm that the phone number provided is accurate and that you are authorized to use it. You agree not to use a number that is false, temporary, spoofed, or belongs to another individual without their express permission.

You are responsible for maintaining the confidentiality of the code sent to your device and for all activity conducted under your registered identity. We reserve the right to suspend or terminate access if we suspect misuse, impersonation, or unauthorized access attempts.

Failure to complete the verification process will result in the inability to access or use the Services.

7. User Obligations and Prohibited Activities

By using the Services, you represent and warrant that:

• You will not access the Services through automated or non-human means, such as bots or scripts, except as may result from standard search engine or Internet browser usage.

• You will not use the Services for any unlawful or unauthorized purpose, nor violate any applicable law or regulation.

• You agree not to engage in any of the following prohibited activities:

• Repeatedly extracting data or content from the Services to assemble a compilation, database, or directory without our prior written consent.

• Engaging in deceptive, fraudulent, or misleading conduct toward us or other users, particularly in attempts to access sensitive account credentials.

• Attempting to bypass, disable, or interfere with the security-related features of the Services.

• Making statements or taking actions that damage the reputation of our company or the Services.

• Using information obtained through the Services to harass, abuse, or inflict harm on another individual.

• Misusing customer support channels or submitting knowingly false reports of abuse or misconduct.

• Using the Services in a way that violates any applicable laws, rules, or regulations.

• Framing or linking to the Services without proper authorization.

• Uploading or transmitting malicious code, such as viruses or Trojan horses, that may impair the functionality of the Services.

• Utilizing automated systems—including scripts, bots, or data mining tools—to access or interact with the Services.

• Removing any copyright, trademark, or proprietary rights notices from any content within the Services.

• Attempting to impersonate another user, person, or entity.

• Disrupting, interfering with, or placing an excessive burden on the Services or any networks connected to them.

• Harassing, intimidating, threatening, or otherwise disturbing our staff or representatives.

• Trying to circumvent access restrictions or security protocols established to protect the Services.

• Reproducing or modifying the software used in connection with the Services without authorization.

• Reverse engineering, decompiling, disassembling, or decoding any part of the Services’ software, except where explicitly allowed by law.

• Using a third-party purchasing agent or service to conduct transactions on the Services.

• Making unauthorized use of the Services, including harvesting user data for unsolicited communications or creating fake or automated accounts.

• Using the Services to compete with our business or to engage in any revenue-generating activity not explicitly approved by us.

• Selling, transferring, or otherwise assigning your user profile to another party without our consent.

Any breach of these obligations may lead to suspension or termination of your Services and Account.

8. Purchases and Payment

Except for Firsty Free services, all Services must be purchased and paid for in advance prior to activation or use. All Services are subject to availability and Firsty reserves the right to discontinue any products or modify prices at any time without prior notice.

8.1 Payment Methods

The Company accepts various forms of payment, including Mastercard, Visa, American Express, Apple Pay, Google Pay, Payconiq, Bancontact, AliPay, and iDEAL. All payments shall be processed in Euros (EUR).

8.2 Pricing and Authorization

All prices include applicable taxes unless otherwise stated. By confirming a purchase, Users authorize Firsty's payment processor to charge the indicated amount to the selected payment method.

8.3 Subscription Auto-Renewal

Our Monthly Data Subscriptions are subject to automatic renewal at the end of each 30-day period to ensure uninterrupted service. By maintaining an active subscription, you authorize recurring charges to your selected payment method for each renewal period, unless the subscription is cancelled by you prior to the renewal date.

To ensure full transparency and in compliance with Belgian law, we will provide you with a notification before each monthly renewal.

8.4 Calling Credits

Calling credits purchased for VoIP services are denominated in the currency used for payment (EUR) and will be displayed as a balance on the User's profile. These credits do not expire and remain available in the User's account indefinitely until used.

8.5 Consecutive Failed Payments

Firsty utilizes automated decision-making processes for failed payment transactions. If five (5) consecutive payment attempts from a User's Account fail, the Account will be temporarily suspended, preventing access to connectivity services until outstanding payments are successfully processed. Users have the right to obtain human intervention, express their point of view, and contest automated payment decisions.

8.6 No crypto payments

For regulatory compliance and risk management reasons, Firsty does not accept cryptocurrency payments for any Services.

8.7 Order Refusal

Firsty reserves the right to refuse any order at its sole discretion.

9. Consumer Rights and Service Guarantees

9.1 Right to Withdraw

Subject to the conditions set forth below, Customers have the right to withdraw from the Agreement within 14 calendar days from the activation of the Service. To exercise this right, you must inform us via an unequivocal statement (e.g., by email to support@firsty.app).

You hereby expressly agree to the immediate start of our service delivery upon the activation of a Plan. If the service has been performed (e.g., the Plan is used or expired) during the 14-day period, you lose your right to withdrawal. If the service has been performed partially (e.g., any, data from a Plan has been consumed during the 14 calendar day period), refunds will be partial and calculated on a pro-rata basis, reflecting the consumed data.

9.2 Quality of Service

Firsty strives to provide you high quality service at all times, but we are dependent on third-party network operators. We inform you that we do not offer contractually guaranteed minimum levels of service quality such as minimum speeds, latency or jitter. In exceptional cases, Service quality may vary.

You do however benefit from a general civil legal guarantee of conformity for the software we provide, such as our app. If you experience a lack of conformity (e.g., a function not operating as described or legitimately expected), please contact our support team via support@firsty.app.

9.3 Refund Guidelines

Refund Eligibility - The "Unused" Standard

A Data Plan is considered "Unused" and eligible for refund if less than 10MB of data has been consumed (as measured by Firsty's systems).

A Data Plan becomes "Active" the moment the User executes the "Activate" function within the Firsty App. The plan's validity timer and ability to connect to the internet commence immediately upon this action.

A. Full Cash Refunds (100%)

The following scenarios are eligible for a 100% full cash refund if the request is submitted within 14 days of the purchase date:

1. Incompatible Device: The User's device is technically incompatible with eSIM technology, and the plan remains Unused (<10MB).

2. Failed Activation: The eSIM failed to achieve initial connectivity after the User successfully completed the required Refund Pathway (see section D).

B. Unused Plans & Change of Mind (Accidental Purchases)

Unused Data Plans (10MB) are eligible for refund if the request is submitted within 14 days of the purchase date due to accidental purchase or a change of mind. The refund shall be processed according to the User's choice:

• Option 1 (Cash): 90% cash refund, with the remaining 20% retained as an administrative and processing fee.

• Option 2 (Credit): 100% refund in Firsty Credit, which shall be available for application toward any future plan purchase within the App.

C. Data Usage and Non-Refundable Scenarios

1. Data Usage: Once a Data Plan is Active and data usage exceeds 10MB, the plan is deemed used, and no cash refund or credit will be provided.

2. No Partial Refunds: Firsty does not offer partial cash refunds for unused data, remaining plan days, or plan usage that did not align with expectations. However, any unused data or remaining days from an active plan, for which a cash refund is not granted, may be applied as credit toward future plans, subject to the plan's original validity period.

3. Non-Refundable: Refunds are not issued for unused data after a Data Plan’s expiration.

D. Refund Pathway (Required for Technical Issues)

Cooperation from the User is mandatory for troubleshooting before a refund is granted for Failed Activation or a Significant Service Interruption.Definition of a Reasonable Troubleshooting Attempt:

A User is deemed to have made a reasonable troubleshooting attempt when they have permitted a minimum of 30 minutes of active troubleshooting time in a single session with the support team.

1. Timely Reporting Requirement:

Refund requests based on technical issues must be initiated as follows:

• For Failed Activation (Initial Use): The issue must be reported within 72 hours (3 days) of the plan's activation date as registered in the Firsty App.

• For Service Interruption (Mid-Plan Use): The issue must be reported within 72 hours (3 days) of the connection failure as verified by Firsty's monitoring systems.

2. Definition of Failure:

• Failed Activation: The inability of the eSIM to establish an initial connection to a supporting network after the customer has made a Reasonable Troubleshooting Attempt and the issue remains unresolved.

• Significant Service Interruption: A verifiable and prolonged loss of service (no connectivity) during the plan's active validity period which could not be resolved after the customer made a Reasonable Troubleshooting Attempt.

3. Resolution SLA & Processing:

Upon request for a refund due to a verified technical failure, we commit to resolving the technical case within 24 hours from the time the issue is first reported. While we endeavor to solve technical issues much faster than 24 hours, a full refund will be processed if a resolution cannot be found within this timeframe. Approved refunds will be processed within 5 business days of approval.

E. Fraud and Violations

Firsty reserves the right to refuse refunds in cases of suspected fraud or violation of these Terms.

10. Termination and Suspension

We reserve the right to suspend or terminate your access to the Service at our discretion, including for violations of these Terms or misuse. You may terminate the Service at any time by deleting your profile, the App and our eSIM, but no refunds will be issued for unused portions of a data plan unless legally required.

11. Automated decision making

In certain, limited circumstances, we use automated decision-making to protect the security and integrity of our Services. This means a decision is made automatically without human intervention. These processes are necessary for the performance of our contract with you.

11.1 Failed Payments

Our system automatically monitors payment transactions. If five (5) consecutive payment attempts from your account fail, your account will be temporarily suspended. A temporary suspension means you will not be able to use your e-SIM service until the outstanding payment is successfully processed.

11.2 Service Abuse

Our systems monitor data consumption to ensure it aligns with the terms of your purchased data plan. If the system detects that technical measures, such as firewalls, have been bypassed to consume data beyond your plan's limits ('Service abuse'), your account will be automatically blocked. This measure protects our network integrity and ensures fair service for all users.

In any case where an automated decision has been made about you, you have the right to obtain human intervention, express your point of view, and contest the decision. To do so, please contact our customer support team.

12. Firsty Referral program

Firsty's Refer A Friend Program allows existing users to give €3 to new users, and get €3 in return. To participate, existing Firsty users can share their unique referral code with new users. The new user must create an account and apply the referral code at checkout during their first purchase of at least €4. The €3 discount is valid for their initial purchase only and cannot be combined with other offers. Once the referred friend completes their qualifying purchase, the referrer will receive a €3 credit in their Firsty account. These credits are non-transferable, cannot be exchanged for cash, and are only valid for use within the Firsty application. Firsty reserves the right to cancel orders or revoke program participation in cases of suspected fraud, promotion abuse (including creating multiple accounts), or misuse of discounts, such as unauthorized resale of products.

13. Advertising and Third-Party Content

13.1 Use of Advertisements

Firsty Free is supported by advertising revenue. By using our Service, you acknowledge and agree that we may display advertisements, promotional content, and marketing materials within the Service. These advertisements may appear in various formats and locations throughout the platform.

13.2 Types of Advertising

Our advertising may include:

• Partner Advertisements: Content from our advertising partners with whom we have direct commercial relationships

• Third-Party Network Advertisements: Content served through advertising networks or platforms where we may have no direct relationship with the individual advertisers

13.3 Third-Party Advertiser Disclaimer

We do not endorse, warrant, or guarantee any products, services, or content advertised through our Service. Advertisements from third-party advertisers are provided solely for informational purposes. Any interactions, transactions, or relationships you establish with third-party advertisers are solely between you and such advertisers.

13.4 Limitation of Liability

We are not responsible for:

• The accuracy, completeness, or reliability of any third-party advertising content

• Any products, services, or content offered by third-party advertisers

• Any transactions between you and third-party advertisers

• Any damages, losses, or disputes arising from your interactions with third-party advertisers

13.5 User Responsibility

The Users acknowledge and agree that they are solely responsible for evaluating and verifying any third-party advertiser's offerings before engaging in any transactions or providing any personal information.

13.6 Changes to Advertising

We reserve the right to modify our advertising practices, including the types, frequency, and placement of advertisements, at any time without prior notice.

14. Privacy and Data Protection

Your personal data will be processed in accordance with our Privacy Policy, which forms part of these Terms. By using the Service, you consent to such processing and warrant that all data provided is accurate.

15. Cookie Policy

Our use of cookies and similar technologies is governed by our Cookie Policy, which forms part of these Terms. By using the Service, you consent to the use of cookies as described in that policy.

16. Intellectual Property

All intellectual property rights in the Service, including trademarks, software, and content, remain the exclusive property of Firsty or its licensors. You may not reproduce, reverse-engineer, modify, or distribute any part of the Service without our written consent.

17. Indemnification

You agree to indemnify and hold harmless Firsty from any claims, damages, losses, liabilities, and expenses arising from your breach of these Terms or misuse of the Service.

18. Limitation of Liability

Firsty's liability is limited to the foreseeable, personal and existing damage resulting from our liability for our own intent, gross negligence or the non-performance of a principal obligation of this contract.

We are not liable for indirect, incidental, or consequential damage resulting from failure and/or malfunction of the Service. We are furthermore not liable for damage resulting from service interruptions, network failures, reduced performance, or unavailability of Services caused by or resulting from: (i) third-party network operator failures or maintenance; (ii) telecommunications infrastructure issues; (iii) force majeure events; (iv) governmental actions or regulations; (v) natural disasters; or (vi) any other circumstances beyond Firsty's reasonable control.

To the extent permitted by law, Firsty’s total liability shall not exceed the amount paid by you for the Service in the past twelve (12) months.

This limitation is without prejudice to any rights you may have under mandatory consumer protection laws.

19. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Netherlands. However, as a consumer, you benefit from the mandatory provisions of law of the country in which you are resident. Any disputes shall be resolved by the competent courts of Amsterdam. If you are a consumer, this is without prejudice to your right to bring proceedings in the courts of your habitual residence under EU Regulation No. 1215/2012.

Furthermore, without prejudice to the above, you have the right to contact the Ombudsman in the country where you reside.

For Belgium, for instance, this is the Ombudsman for Telecommunications

• Address: Koning Albert II-laan 8 bus 3, 1000 Brussel

• Tel: 02 223 09 09

• Email: klachten@ombudsmantelecom.be

20. Nullity

If any provision of these Terms is found to be null and/or unenforceable, the remaining provisions shall remain in effect. No waiver of any provision shall be deemed a waiver of any other provision. You may not assign your rights under these Terms without our consent.

21. Contact Information

For questions or concerns, please contact us at support@firsty.app or visit our Support Center. 

Firsty.app Terms and Conditions

August 2025

1. Introduction

These General Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User" or "you") and Firsty B2C Pte. Ltd., trading as Firsty ("Firsty", "we", "us", or "our"), a company registered in Singapore at 8 Cross Street #20-01, Manulife Tower, Singapore 048424. Our company registration number is 202507463H.

These Terms govern your access to and use of our website (www.firsty.app) (“the Site”), mobile application (Firsty App), and all related connectivity products and services (collectively, the "Services"). By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must immediately discontinue use of the Services.

We may post supplemental terms or documents on the Services from time to time, which are hereby expressly incorporated by reference. We reserve the right to modify these Terms at any time. We undertake to notify you of any proposed changes on a durable medium (e.g., via email or an in-app notification) at least one month before they take effect. If you do not accept the modified Terms, you have the right to terminate the agreement before the changes come into force. Your continued use of the Services after any modifications signifies your acceptance of the revised Terms. This right to terminate does not apply if the changes are exclusively to your benefit, or are of a purely administrative nature with no negative effect on You.

2. Definitions and Interpretation

The following terms shall have the meanings set forth below:

• Account: Your user account created to access and manage our Services.

• App: The mobile application named "Firsty" provided by us.

• Automated Decision-Making: A decision made automatically by Firsty's systems without human intervention, as detailed in these Terms and the Privacy Policy.

• Content: Any data, text, graphics, images, audio, video, or other material accessible through the Services.

• Cookie Policy: Firsty's policy detailing the use of cookies and similar technologies, available on our website.

• Data Plan: The specific package of data allowances and associated terms purchased by a User for use with Firsty Services.

• eSIM: An embedded Subscriber Identity Module (eSIM) is a digital SIM that allows you to activate a mobile data plan from a carrier without having to use a physical nano-SIM card. Firsty's connectivity services are enabled by an eSIM on the end-user's device.

• Intellectual Property Rights: All intellectual property rights including, but not limited to, copyrights, patents, trade secrets, trademarks, service marks, and logos.

• Parties: Refers to Firsty and the User.

• Personal Data: Any information relating to an identified or identifiable natural person, as defined by applicable data protection laws.

• Privacy Policy: Firsty's Privacy Policy, which details the collection, use, storage, and protection of Personal Data.

• Fair Use: the reasonable and proportionate usage of a service by the user in accordance with the intended purpose of the service, as determined by Firsty. Fair Use is intended to prevent excessive, abusive, or fraudulent usage that may adversely affect the performance, availability, or integrity of the Services.

• Service Abuse: Actions detected by Firsty's systems, such as bypassing technical measures to consume data beyond Fair Use Policy

• Plan: means either (i) Firsty Free Data Plan, (ii) Day Pass Data Plan or (iii) Subscriptions Data Plan

2.1 Contract summary

When you complete your first purchase, you will be provided with a clear and concise contract summary free of charge. This summary contains the main elements of the service. This summary, along with these Terms and Conditions, forms an integral part of our agreement.

3. Services Description

Firsty provides a digital connectivity solution enabling users to access mobile data through eSIM technology on a per-country basis. The Services are designed to offer seamless, cost-effective access to mobile data for international users, via our platform that connects with Tier 1 network operators.

3.1 Firsty Free Data Plan

"Firsty Free" provides Users with a time-limited internet session of up to thirty (30) minutes in exchange for viewing Third-Party advertising content. The internet session begins immediately upon completion of the advertisement viewing. Failure to complete the advertisement viewing will result in no connectivity access. Additional terms and conditions regarding advertising content are set forth in Section 13 below.

This service offers limited connectivity sufficient for essential travel applications including but not limited to messaging platforms, email services, mapping applications such as Google Maps, and ride-sharing services such as Uber. The service is not intended for data-intensive or high-bandwidth applications or activities. Users may stack multiple sessions by viewing additional advertisements consecutively, up to a maximum total of six (6) hours of connectivity time.

Firsty reserves the right to enable or disable Firsty Free services in any country based on product viability assessments, market conditions, regulatory requirements, or other business considerations without prior notice to Users. Firsty makes no guarantee regarding the availability, performance, or compatibility of Firsty Free with specific applications or services.

Next to Firsty Free, Firsty offers three categories of pre-paid services:

3.2 Day Pass Data Plan

A fee-based connectivity service made available to the User on a per-country or multi-country basis, which enables the User to unlimited internet access (mobile data) within the applicable country or countries, for a continuous period of twenty-four (24) hours commencing upon activation, available in three tiers based on high-speed data allocation: Economy, Comfort+, First Class. Each Day Pass includes an initial high-speed data allocation that varies by tier, after which data speeds are reduced to 512 kilobits per second (kbps) for the remainder of the 24-hour period. Notwithstanding any reduction in speed after the initial high-speed allocation, the User shall maintain unlimited internet access. The service is designed to offer sufficient connectivity for essential online activities, including but not limited to messaging, e-mailing, navigation and ride-sharing services such as Uber.

Additional terms and conditions on Day Passes are set forth in Section 4 below.

3.3 Subscriptions Data Plan

The monthly service plans with a duration of thirty (30) days from the date of activation. Each Subscription includes a predetermined data allowance measured in gigabytes (GB) as specified in the applicable plan details, and enables data connectivity services in one hundred twenty (120) countries as listed in the Subscription information. Subscriptions grant the Subscriber access to the highest network speed available on the local network at the time of connection. This speed is applicable to all data usage up to the limit of the plan's specified data allowance. Subscriptions automatically renew for successive 30-day periods unless cancelled by the User prior to the end of the current subscription period.

Available monthly subscriptions:

• Economy Subscription: 1.5GB of high-speed data per 30-day period

• Comfort+ Subscription: 5GB of high-speed data per 30-day period

• First Class Subscription: 10GB of high-speed data per 30-day period

Monthly Data Subscriptions do not include voice, SMS, or emergency calling capabilities.

3.4 Calling

To the extent included in your plan, Firsty’s Calling Services are Voice over Internet Protocol (VoIP) services enabling voice calls at competitive per-minute rates. Calling rates vary based on both the originating country and destination country of the call. Users can purchase calling credits in either Euros (EUR) to access these services. Detailed rate information and calling credit purchase options are available through the Company's platform.

3.5 Service Availability

While we strive for continuous availability, the Services are provided on an "as is" and "as available" basis without guarantees of uninterrupted or error-free operation. Firsty is dependent upon third-party mobile network operators, telecommunications infrastructure, and other external service providers over which the Company has no direct control. Users acknowledge that data connectivity services are supplied by third-party registered Mobile Virtual Network Enablers (MVNE), Mobile Network Operators (MNOs) and Mobile Virtual Network Operators (MVNOs) with whom the Company has established commercial arrangements. The availability, quality, and performance of the Services may be affected by factors including but not limited to network congestion, technical limitations, geographical constraints, and the operational status of such third-party networks. Users acknowledge that temporary service interruptions may occur and that such interruptions do not constitute a breach of these Terms & Conditions.

3.6 Scheduled Maintenance

Firsty reserves the right to temporarily suspend or restrict Services for scheduled maintenance, system upgrades, security improvements, or other operational requirements. Where reasonably practicable, the Company will provide advance notice of planned maintenance that may materially affect Service availability.

3.7 Limitation of Liability

Firsty shall not be liable for any service interruptions, network failures, reduced performance, or unavailability of Services caused by or resulting from: (i) third-party network operator failures or maintenance; (ii) telecommunications infrastructure issues; (iii) force majeure events; (iv) governmental actions or regulations; (v) natural disasters; or (vi) any other circumstances beyond Firsty's reasonable control.

4. Day Passes Services:  Unlimited data with Fair Usage Policy

Each Day Pass Service includes a specified daily allowance of high-speed data, which varies by type of Day Pass:

• Comfort+ Day Pass: 512 MB of high-speed data at 5Mbps (indicative), 1 GB of high-speed data at 1 Mbps (indicative) per 24-hour period

• First Class Day Pass: 5 GB of ultra high-speed data (highest available on our platform at time and location of connection) per 24-hour period

4.1 Fair Use Policy

Firsty enforces a Fair Use Policy for all Day Pass Services to ensure optimal network performance and equitable access for all Users. Upon reaching the high-speed data allowance specified for the applicable Day Pass Service, data transmission speeds will be automatically reduced to a maximum of 512 Kbps for the remainder of that 24-hour period. This reduced speed will allow continued basic connectivity for essential services such as messaging, e-mail, Uber services.

Users may purchase additional high-speed data, per additional 1 GB of high-speed data that can be used during a 24-hour period. Upgrades are available for purchase at any time during an active Day Pass Service period.

High-speed data allowances reset every 24 hours from the time of Day Pass activation, at which point Users will again receive access to their full high-speed data allocation as specified in their Day Pass Service tier.

Firsty reserves the right to monitor data usage patterns and enforce this Fair Use Policy to prevent network abuse and ensure service quality for all Users. Any attempts to circumvent or abuse the Fair Use Policy may result in service suspension or termination.

4.2 No Rollover

Unused high-speed data allowances do not carry over to subsequent 24-hour periods and expire at the end of each 24-hour window.

4.3 Day Pass Management

Users may manage their multi-day Day Pass plans through the following options:

(a) Pause Functionality: Users can pause their multi-day plan at any time. Upon pausing, the current active 24-hour period will continue to run until completion, but all remaining full days will be paused and preserved for future use. Paused days do not expire and remain available in the User's account indefinitely until activated by the User.

(b) Plan Modifications: Users may modify their Day Pass plans by: (i) adding additional countries to their existing plan; (ii) purchasing additional days; or (iii) upgrading their plan to a higher tier (Comfort+ to First Class).

5. Service Access Technical Requirements

All Services are exclusively available through Firsty’s proprietary mobile application in conjunction with Firsty’s eSIM technology. Both components are essential for service functionality.

5.1 Dual Requirements

Users must: (i) download, install, and maintain the App on an unlocked and eSIM-compatible device; and (ii) successfully install and activate Firsty’s eSIM profile on their device to access any Services. The Services cannot be accessed through any other means, including but not limited to web browsers, third-party applications, alternative platforms, or third-party eSIM providers.

5.2 Device and System Compatibility

The App and eSIM services are designed for use on:

• Supported mobile operating systems (iOS and Android)

• eSIM-compatible devices with proper eSIM functionality

Users are responsible for ensuring their device meets the minimum technical requirements for both App installation and eSIM activation. Firsty reserves the right to discontinue support for older operating system versions or devices at its sole discretion.

5.3 eSIM Installation and Activation

Users must successfully complete the eSIM installation process through the App before accessing connectivity services. The eSIM profile must remain active and properly configured on the device for continued service access. Users are responsible for maintaining proper eSIM functionality on their device.

5.4 App Updates and eSIM Management

Users must maintain the most current version of the App and ensure their eSIM profile remains properly configured to continue accessing Services. Firsty may require mandatory App updates or eSIM profile updates to ensure service functionality, security, and compliance. Failure to update the App or maintain proper eSIM configuration may result in service interruption or inability to access Services.

5.5 Service Availability

The App is distributed through authorized application stores and platforms. eSIM profiles are delivered through the App's integrated provisioning system. Firsty does not guarantee continuous availability through any specific distribution channel and reserves the right to modify distribution methods at its sole discretion.

5.6 Service Access Restrictions

Firsty reserves the right to restrict or deny App availability and eSIM provisioning based on various factors, including but not limited to: (i) Users who are residents of countries subject to sanctions under European Union (EU) or United Nations (UN) regulations; (ii) devices that do not support eSIM technology; (iii) regulatory restrictions in specific jurisdictions; (iv) technical compatibility limitations; or (v) other business, legal, or operational considerations as determined by Firsty’s sole discretion.

5.7 Service Limitations

Services are subject to both App functionality and eSIM connectivity limitations. Firsty is not responsible for service limitations arising from device compatibility issues, App store policies, or eSIM technical constraints beyond the Company's control.

6. Account Registration and Account Security

Subject to the User meeting all conditions set forth in Section 5, the following account registration and security requirements apply.

To use the Services, you must complete the registration process by providing a valid mobile phone number. Upon submission of your phone number, you will receive a one-time verification code (OTP) via SMS or WhatsApp, depending on availability and technical compatibility.

You must enter this verification code within the App to authenticate your identity and activate your access. This process is mandatory for account creation and access to the Services.

By completing this step, you confirm that the phone number provided is accurate and that you are authorized to use it. You agree not to use a number that is false, temporary, spoofed, or belongs to another individual without their express permission.

You are responsible for maintaining the confidentiality of the code sent to your device and for all activity conducted under your registered identity. We reserve the right to suspend or terminate access if we suspect misuse, impersonation, or unauthorized access attempts.

Failure to complete the verification process will result in the inability to access or use the Services.

7. User Obligations and Prohibited Activities

By using the Services, you represent and warrant that:

• You will not access the Services through automated or non-human means, such as bots or scripts, except as may result from standard search engine or Internet browser usage.

• You will not use the Services for any unlawful or unauthorized purpose, nor violate any applicable law or regulation.

• You agree not to engage in any of the following prohibited activities:

• Repeatedly extracting data or content from the Services to assemble a compilation, database, or directory without our prior written consent.

• Engaging in deceptive, fraudulent, or misleading conduct toward us or other users, particularly in attempts to access sensitive account credentials.

• Attempting to bypass, disable, or interfere with the security-related features of the Services.

• Making statements or taking actions that damage the reputation of our company or the Services.

• Using information obtained through the Services to harass, abuse, or inflict harm on another individual.

• Misusing customer support channels or submitting knowingly false reports of abuse or misconduct.

• Using the Services in a way that violates any applicable laws, rules, or regulations.

• Framing or linking to the Services without proper authorization.

• Uploading or transmitting malicious code, such as viruses or Trojan horses, that may impair the functionality of the Services.

• Utilizing automated systems—including scripts, bots, or data mining tools—to access or interact with the Services.

• Removing any copyright, trademark, or proprietary rights notices from any content within the Services.

• Attempting to impersonate another user, person, or entity.

• Disrupting, interfering with, or placing an excessive burden on the Services or any networks connected to them.

• Harassing, intimidating, threatening, or otherwise disturbing our staff or representatives.

• Trying to circumvent access restrictions or security protocols established to protect the Services.

• Reproducing or modifying the software used in connection with the Services without authorization.

• Reverse engineering, decompiling, disassembling, or decoding any part of the Services’ software, except where explicitly allowed by law.

• Using a third-party purchasing agent or service to conduct transactions on the Services.

• Making unauthorized use of the Services, including harvesting user data for unsolicited communications or creating fake or automated accounts.

• Using the Services to compete with our business or to engage in any revenue-generating activity not explicitly approved by us.

• Selling, transferring, or otherwise assigning your user profile to another party without our consent.

Any breach of these obligations may lead to suspension or termination of your Services and Account.

8. Purchases and Payment

Except for Firsty Free services, all Services must be purchased and paid for in advance prior to activation or use. All Services are subject to availability and Firsty reserves the right to discontinue any products or modify prices at any time without prior notice.

8.1 Payment Methods

The Company accepts various forms of payment, including Mastercard, Visa, American Express, Apple Pay, Google Pay, Payconiq, Bancontact, AliPay, and iDEAL. All payments shall be processed in Euros (EUR).

8.2 Pricing and Authorization

All prices include applicable taxes unless otherwise stated. By confirming a purchase, Users authorize Firsty's payment processor to charge the indicated amount to the selected payment method.

8.3 Subscription Auto-Renewal

Our Monthly Data Subscriptions are subject to automatic renewal at the end of each 30-day period to ensure uninterrupted service. By maintaining an active subscription, you authorize recurring charges to your selected payment method for each renewal period, unless the subscription is cancelled by you prior to the renewal date.

To ensure full transparency and in compliance with Belgian law, we will provide you with a notification before each monthly renewal.

8.4 Calling Credits

Calling credits purchased for VoIP services are denominated in the currency used for payment (EUR) and will be displayed as a balance on the User's profile. These credits do not expire and remain available in the User's account indefinitely until used.

8.5 Consecutive Failed Payments

Firsty utilizes automated decision-making processes for failed payment transactions. If five (5) consecutive payment attempts from a User's Account fail, the Account will be temporarily suspended, preventing access to connectivity services until outstanding payments are successfully processed. Users have the right to obtain human intervention, express their point of view, and contest automated payment decisions.

8.6 No crypto payments

For regulatory compliance and risk management reasons, Firsty does not accept cryptocurrency payments for any Services.

8.7 Order Refusal

Firsty reserves the right to refuse any order at its sole discretion.

9. Consumer Rights and Service Guarantees

9.1 Right to Withdraw

Subject to the conditions set forth below, Customers have the right to withdraw from the Agreement within 14 calendar days from the activation of the Service. To exercise this right, you must inform us via an unequivocal statement (e.g., by email to support@firsty.app).

You hereby expressly agree to the immediate start of our service delivery upon the activation of a Plan. If the service has been performed (e.g., the Plan is used or expired) during the 14-day period, you lose your right to withdrawal. If the service has been performed partially (e.g., any, data from a Plan has been consumed during the 14 calendar day period), refunds will be partial and calculated on a pro-rata basis, reflecting the consumed data.

9.2 Quality of Service

Firsty strives to provide you high quality service at all times, but we are dependent on third-party network operators. We inform you that we do not offer contractually guaranteed minimum levels of service quality such as minimum speeds, latency or jitter. In exceptional cases, Service quality may vary.

You do however benefit from a general civil legal guarantee of conformity for the software we provide, such as our app. If you experience a lack of conformity (e.g., a function not operating as described or legitimately expected), please contact our support team via support@firsty.app.

9.3 Refund Guidelines

Refund Eligibility - The "Unused" Standard

A Data Plan is considered "Unused" and eligible for refund if less than 10MB of data has been consumed (as measured by Firsty's systems).

A Data Plan becomes "Active" the moment the User executes the "Activate" function within the Firsty App. The plan's validity timer and ability to connect to the internet commence immediately upon this action.

A. Full Cash Refunds (100%)

The following scenarios are eligible for a 100% full cash refund if the request is submitted within 14 days of the purchase date:

1. Incompatible Device: The User's device is technically incompatible with eSIM technology, and the plan remains Unused (<10MB).

2. Failed Activation: The eSIM failed to achieve initial connectivity after the User successfully completed the required Refund Pathway (see section D).

B. Unused Plans & Change of Mind (Accidental Purchases)

Unused Data Plans (10MB) are eligible for refund if the request is submitted within 14 days of the purchase date due to accidental purchase or a change of mind. The refund shall be processed according to the User's choice:

• Option 1 (Cash): 80% cash refund, with the remaining 20% retained as an administrative and processing fee.

• Option 2 (Credit): 100% refund in Firsty Credit, which shall be available for application toward any future plan purchase within the App.

C. Data Usage and Non-Refundable Scenarios

1. Data Usage: Once a Data Plan is Active and data usage exceeds 10MB, the plan is deemed used, and no cash refund or credit will be provided.

2. No Partial Refunds: Firsty does not offer partial cash refunds for unused data, remaining plan days, or plan usage that did not align with expectations. However, any unused data or remaining days from an active plan, for which a cash refund is not granted, may be applied as credit toward future plans, subject to the plan's original validity period.

3. Non-Refundable: Refunds are not issued for unused data after a Data Plan’s expiration.

D. Refund Pathway (Required for Technical Issues)

Cooperation from the User is mandatory for troubleshooting before a refund is granted for Failed Activation or a Significant Service Interruption.Definition of a Reasonable Troubleshooting Attempt:

A User is deemed to have made a reasonable troubleshooting attempt when they have permitted a minimum of 60 minutes (1 hour) of active troubleshooting time in a single session with the support team.

1. Timely Reporting Requirement:

Refund requests based on technical issues must be initiated as follows:

• For Failed Activation (Initial Use): The issue must be reported within 72 hours (3 days) of the plan's activation date as registered in the Firsty App.

• For Service Interruption (Mid-Plan Use): The issue must be reported within 72 hours (3 days) of the connection failure as verified by Firsty's monitoring systems.

2. Definition of Failure:

• Failed Activation: The inability of the eSIM to establish an initial connection to a supporting network after the customer has made a Reasonable Troubleshooting Attempt and the issue remains unresolved.

• Significant Service Interruption: A verifiable and prolonged loss of service (no connectivity) during the plan's active validity period which could not be resolved after the customer made a Reasonable Troubleshooting Attempt.

3. Resolution SLA & Processing:

Upon request for a refund due to a verified technical failure, we commit to resolving the technical case within 24 hours from the time the issue is first reported. While we endeavor to solve technical issues much faster than 24 hours, a full refund will be processed if a resolution cannot be found within this timeframe. Approved refunds will be processed within 5 business days of approval.

E. Fraud and Violations

Firsty reserves the right to refuse refunds in cases of suspected fraud or violation of these Terms.

10. Termination and Suspension

We reserve the right to suspend or terminate your access to the Service at our discretion, including for violations of these Terms or misuse. You may terminate the Service at any time by deleting your profile, the App and our eSIM, but no refunds will be issued for unused portions of a data plan unless legally required.

11. Automated decision making

In certain, limited circumstances, we use automated decision-making to protect the security and integrity of our Services. This means a decision is made automatically without human intervention. These processes are necessary for the performance of our contract with you.

11.1 Failed Payments

Our system automatically monitors payment transactions. If five (5) consecutive payment attempts from your account fail, your account will be temporarily suspended. A temporary suspension means you will not be able to use your e-SIM service until the outstanding payment is successfully processed.

11.2 Service Abuse

Our systems monitor data consumption to ensure it aligns with the terms of your purchased data plan. If the system detects that technical measures, such as firewalls, have been bypassed to consume data beyond your plan's limits ('Service abuse'), your account will be automatically blocked. This measure protects our network integrity and ensures fair service for all users.

In any case where an automated decision has been made about you, you have the right to obtain human intervention, express your point of view, and contest the decision. To do so, please contact our customer support team.

12. Firsty Referral program

Firsty's Refer A Friend Program allows existing users to give €3 to new users, and get €3 in return. To participate, existing Firsty users can share their unique referral code with new users. The new user must create an account and apply the referral code at checkout during their first purchase of at least €4. The €3 discount is valid for their initial purchase only and cannot be combined with other offers. Once the referred friend completes their qualifying purchase, the referrer will receive a €3 credit in their Firsty account. These credits are non-transferable, cannot be exchanged for cash, and are only valid for use within the Firsty application. Firsty reserves the right to cancel orders or revoke program participation in cases of suspected fraud, promotion abuse (including creating multiple accounts), or misuse of discounts, such as unauthorized resale of products.

13. Advertising and Third-Party Content

13.1 Use of Advertisements

Firsty Free is supported by advertising revenue. By using our Service, you acknowledge and agree that we may display advertisements, promotional content, and marketing materials within the Service. These advertisements may appear in various formats and locations throughout the platform.

13.2 Types of Advertising

Our advertising may include:

• Partner Advertisements: Content from our advertising partners with whom we have direct commercial relationships

• Third-Party Network Advertisements: Content served through advertising networks or platforms where we may have no direct relationship with the individual advertisers

13.3 Third-Party Advertiser Disclaimer

We do not endorse, warrant, or guarantee any products, services, or content advertised through our Service. Advertisements from third-party advertisers are provided solely for informational purposes. Any interactions, transactions, or relationships you establish with third-party advertisers are solely between you and such advertisers.

13.4 Limitation of Liability

We are not responsible for:

• The accuracy, completeness, or reliability of any third-party advertising content

• Any products, services, or content offered by third-party advertisers

• Any transactions between you and third-party advertisers

• Any damages, losses, or disputes arising from your interactions with third-party advertisers

13.5 User Responsibility

The Users acknowledge and agree that they are solely responsible for evaluating and verifying any third-party advertiser's offerings before engaging in any transactions or providing any personal information.

13.6 Changes to Advertising

We reserve the right to modify our advertising practices, including the types, frequency, and placement of advertisements, at any time without prior notice.

14. Privacy and Data Protection

Your personal data will be processed in accordance with our Privacy Policy, which forms part of these Terms. By using the Service, you consent to such processing and warrant that all data provided is accurate.

15. Cookie Policy

Our use of cookies and similar technologies is governed by our Cookie Policy, which forms part of these Terms. By using the Service, you consent to the use of cookies as described in that policy.

16. Intellectual Property

All intellectual property rights in the Service, including trademarks, software, and content, remain the exclusive property of Firsty or its licensors. You may not reproduce, reverse-engineer, modify, or distribute any part of the Service without our written consent.

17. Indemnification

You agree to indemnify and hold harmless Firsty from any claims, damages, losses, liabilities, and expenses arising from your breach of these Terms or misuse of the Service.

18. Limitation of Liability

Firsty's liability is limited to the foreseeable, personal and existing damage resulting from our liability for our own intent, gross negligence or the non-performance of a principal obligation of this contract.

We are not liable for indirect, incidental, or consequential damage resulting from failure and/or malfunction of the Service. We are furthermore not liable for damage resulting from service interruptions, network failures, reduced performance, or unavailability of Services caused by or resulting from: (i) third-party network operator failures or maintenance; (ii) telecommunications infrastructure issues; (iii) force majeure events; (iv) governmental actions or regulations; (v) natural disasters; or (vi) any other circumstances beyond Firsty's reasonable control.

To the extent permitted by law, Firsty’s total liability shall not exceed the amount paid by you for the Service in the past twelve (12) months.

This limitation is without prejudice to any rights you may have under mandatory consumer protection laws.

19. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Netherlands. However, as a consumer, you benefit from the mandatory provisions of law of the country in which you are resident. Any disputes shall be resolved by the competent courts of Amsterdam. If you are a consumer, this is without prejudice to your right to bring proceedings in the courts of your habitual residence under EU Regulation No. 1215/2012.

Furthermore, without prejudice to the above, you have the right to contact the Ombudsman in the country where you reside.

For Belgium, for instance, this is the Ombudsman for Telecommunications

• Address: Koning Albert II-laan 8 bus 3, 1000 Brussel

• Tel: 02 223 09 09

• Email: klachten@ombudsmantelecom.be

20. Nullity

If any provision of these Terms is found to be null and/or unenforceable, the remaining provisions shall remain in effect. No waiver of any provision shall be deemed a waiver of any other provision. You may not assign your rights under these Terms without our consent.

21. Contact Information

For questions or concerns, please contact us at support@firsty.app or visit our Support Center.

For any inquiries or concerns regarding these Terms, please contact support@firsty.app.