Terms and Conditions
Article 1 General contract terms
1.2 Any modification to this Contract by virtue of any specific agreement with the Customer must be specifically approved in writing by Things Mobile.
1.3 These General Contract Terms are valid 12 months as of 14 November 2022 and shall be renewed tacitly for periods of equal duration.
Article 2 Definitions
Dedicated Private Area or IoT Portal: dedicated Customer area that can be accessed via the dedicated portal on the website www.thingsmobile.com.
SIM Card:the card with microprocessor or other technological solution that, identified by a serial number or other characterizing element and inserted in a Device, allows the use of Services provided by Things Mobile.
Customer: natural or legal persons, whether public or private, who require the provision of Services for their business, professional and/or institutional activities and, where possible, for their personal use.
Device: approved apparatus that complies with applicable regulations in which it is possible to install the SIM Card to use the IoT and M2M Services and which sends and receives data and SMS traffic as a Network endpoint. Any apparatus with functions similar to that of a cell phone, smartphone, or tablet is not considered a Device, except as may be set out in the Price Plan, and any wireless device that is made capable of directly or indirectly processing traffic, or collecting, terminating, re-routing, or mediating calls on the Network.
Invoice: electronic invoice in XML format, transmitted electronically by Things Mobile to the Interchange System and delivered by the latter to the Customer pursuant to Italian Law 205/2017. The Customer will be able to consult and download the Invoice by accessing their private area on the Italian Internal Revenue website.
Price Plan: the rates for the Services active on the SIM Card communicated to the public by any means of communication.
Network: public telephone network used by Things Mobile to provide IoT and M2M Services and consisting of an electronic communication network that enables data and SMS transmission between network endpoints.
International Roaming: function that allows the Customer to use the Services outside national borders, through the network of the operators that have signed specific agreements with the electronic communications operator from which Things Mobile purchases network traffic.
Services: the provision, through the use of the SIM Card, of automated data reception/transmission and SMS services for the exclusive use of IoT (“Internet of Things”) and M2M (“Machine to Machine”) applications on the Devices. Voice telephony services, data and SMS traffic are expressly excluded as they do not fall within the scope of IoT and M2M services, together with all the services that could expose the Customer to serious and/or death threatening risks.
Things Mobile S.r.l.: the company providing the Services; it has its registered office in Piazza Luigi di Savoia, 22 - 20124 - Milan - Italy, VAT no. and TIN 09882960967, which operates as a reseller of landline and/or mobile data and SMS traffic (hereinafter also “Things Mobile”).
3. Conclusion of Contract
3.1 For the purposes of activating the SIM Card(s), the Customer must provide, under their own responsibility, proof of their identity, domicile or residence and TIN as well as any other data or document that is required by applicable regulations. Attorneys, whether natural or legal persons, must provide proof of the relevant powers. Things Mobile has the right to verify the Customer’s identity during the contract conclusion phase and at any time during the term of the contract, by requesting, if necessary, additional documentation in accordance with current regulations and in any way deemed appropriate, including the acquisition of photographic material to verify the consistency of the identity documents provided to activate the SIM card.
3.2 This contract is concluded with the activation of the SIM Card(s) by Things Mobile within 72 hours of the Customer’s request. The connection signal to the Network, with the first transmission and/or communication, is equivalent to the notice of execution referred to in article 1327, paragraph 2, of the Italian Civil Code.
3.3 Things Mobilereserves the right, at its sole discretion, not to proceed with the activation of SIM Cards for commercial reasons, protection of the Network and/or systems and/or if the Customer:
(i) is not an adult or emancipated minor;
(ii) fails to provide adequate proof of their identity, domicile or residence or, where applicable, of their capacity as legal representative and/or agent of another party and of the relevant powers and/or fails to provide the documentation necessary for the conclusion of this contract;
(iii) is for any reason deprived, in whole or in part, temporarily or permanently, of their capacity;
(iv) has previously been in default of any kind with Things Mobile;
(v) is on the non-payers list;
(vi) is subject to bankruptcy proceedings;
(vii) does not meet the minimum reliability requirements set by Things Mobile at its sole discretion;
(viii) provides untrue personal data and/or other information;
(ix) the Customer does not complete the activation procedure for the SIM Card(s) within thirty-six months of its/their receipt.
3.4 Things Mobile reserves the right to make the activation of the SIM Card(s) subject to specific payment methods and/or the issue of a suitable guarantee by the Customer. If the Customer is in default of obligations arising from another contractual relationship with Things Mobile, Things Mobile may make activation of the Service subject to prior fulfillment of those obligations.
3.5 The activation forms, the Service Charter, Price Plans and contractual documentation in force are published on the website www.thingsmobile.com and available at points of sale.
3.6 The Customer is obliged to promptly notify Things Mobile of any changes to the information originally provided for SIM Card activation by accessing the Dedicated Private Area or by communication to be sent to the following email address firstname.lastname@example.org and, in particular, any change in residence and/or domicile and/or registered office and/or other location for invoicing purposes. All communications sent by Things Mobile to the last postal and/or email addresses disclosed by the Customer shall be deemed known to the Customer.
4. SIM Card
4.1 The SIM Card is granted by Things Mobile to the Customer so that the Customer can use it exclusively to use the Services according to this contract and for its duration.
4.2 On delivery of each SIM Card, the Customer is given the safety codes (PIN and PUK). The Customer is under an obligation to take care of the SIM Card(s) with diligence and to return the SIM Card(s) to Things Mobile at the end of this contract for any reason, if requested to do so by Things Mobile and except in cases where return is not technically possible (such as for “embedded SIM Cards”).
4.3 The Customer is under an obligation to use the SIM Card(s) in accordance with the relevant technical terms and conditions of use indicated in the relevant section on the website www.thingsmobile.com and in exclusive association with the Devices held and to use the Services lawfully, in good faith and fairness and in compliance with applicable laws and/or regulations.
4.4 The Customer must immediately notify Things Mobile of loss, theft of or tampering with their SIM Card(s). In such cases, Things Mobile shall deactivate them and, if necessary, replace the SIM Card(s) upon payment of a fee for the issue of the new SIM Card(s).
4.5 Things Mobile is entitled to deactivate the Mobile SIM Card(s) without incurring any obligation to indemnify if it is required by authorities or due to technical reasons that prevent continued provision of the Services.
4.6 Things Mobile has the right to deactivate SIM Cards if they have not been active for more than twenty-four consecutive months. At the expiration of the twelfth month from the last business relationship, Things Mobile shall inform the Customer of the deactivation of the SIM Card(s), allowing the reactivation of the service on the same number, without any additional charges for the Customer and, where possible, within forty-eight hours of their request. In any case, Things Mobile shall inform the Customer, at least thirty days in advance, both of the possible suspension of service and of the termination of the assigned number.
5. Provision of Services
5.1 Things Mobile guarantees the provision of the Services according to the quality levels indicated in the Service Charter available at https://www.thingsmobile.com/charter-for-services, it being understood that it may avail itself of the collaboration of third parties in fulfilling its contractual obligations, including wholesale connectivity service providers located abroad.
5.2 Things Mobile shall ensure adequate geographical coverage of the Services, while remaining free to determine and/or vary it under International Roaming agreements, whether direct or indirect, with electronic communications operators abroad.
5.3 In order to ensure fair and non-discriminatory access for Customers to the Services and to preserve the integrity and the full functionality of the Network (avoiding, firstly, congestion), Things Mobile reserves the right to introduce temporary and non-discriminatory mechanism to limit use of available network resources in compliance with the principle of fair treatment.
5.4 The Customer acknowledges and accepts, with waiver of any claim, that:
(i) the Services may not have homogeneous geographical coverage and in any case may not cover all territories in the world;
(ii) the provision of the Services may be subject to variations, including significant ones, both temporary and permanent, depending on geographical, climate and/or technical factors;
(iii) the services may be interrupted or slowed down in cases where the SIM Card is exposed to weather conditions not suitable for its operation or installed in a device that does not meet the necessary technical requirements or lacks adequate protection systems;
(iv) Things Mobile may suspend the Services, in whole or in part, at any time and even without notice, if ordinary or extraordinary maintenance must be performed on its equipment and on the software and hardware for providing the Services;
(v) Things Mobile may suspend, discontinue and/or terminate the Services, in whole or in part, in cases of force majeure, such as, without limitation, events beyond its reasonable control, governmental and/or public administration regulations, acts of judicial and/or military authority, legal prohibitions, natural disasters, lightning, fire, explosions, mobilization, riots, war, epidemics and pandemics, strikes, shortages of raw materials, energy, and other similar events.
5.5 Although taking utmost care and implementing all possible safety measures in compliance with applicable regulations, Things Mobile cannot guarantee absolute protection of its networks and Services against unauthorized access, intrusion, tapping or other attacks (including by hackers, wherever they may be) and is not therefore liable, should these occur.
5.6 Things Mobile reserves the right to suspend the Services should it detect unlawful or fraudulent activities by the Customer or by third parties or upon their reporting by the competent authorities.
5.7 Things Mobile may suspend, in whole or in part, the Services if abnormal use is detected, i.e., if there is an increase in traffic volume that is not reasonably in excess of previous traffic. In compliance with current regulations, Things Mobile reserves the right to slow down and/or suspend and/or deactivate the SIM Card(s) in case of abnormal use of the Services.
5.8 Things Mobileshall not be liable, in any capacity, with the Customer for any inefficiency and/or malfunction and/or interruption of Services due to causes not attributable to Things Mobile, including inefficiencies of wholesale operators from which Things Mobile purchases wholesale mobile data and SMS traffic.
5.9 The right to portability of the number associated with the SIM card(s) is excluded in the case where connectivity services are provided by an electronic communications operator outside the territory of the European Union. For the same reason, Regulation (EU) No 612/2022 does not apply to the relationship herein on public mobile communications networks within the European Union.
6. Customer obligations
6.1 The Customer is under an obligation to use the Services in accordance with this Contract and applicable laws and regulations. In particular, the Customer is responsible for the use of the Services, as well as their use by third parties with the Customer’s consent, and must promptly inform Things Mobile of any abnormal and/or unauthorized use of the Services.
6.2 The Customer is responsible for the content of the information transmitted and/or processed using the Services. Therefore, Things Mobile is not liable for the content of messages, documents or any data transmitted or received using the Services.
6.3 The Customer is required to use the Services in good faith and fairness, in accordance with this Contract, refraining from gaining advantages other than those related to routine use of the Services. More specifically, the Services must not be used to commit prosecutable criminal actions and/or to directly/indirectly infringe the rights of other users and/or third parties.
6.4 The Customer is under an obligation to use the Services exclusively with the Devices, any use through other means and/or instruments being excluded, such as, by way of example, GSM modems, GSM boxes, GSM gateways and other similar or analogous equipment capable of transforming, directly or indirectly, the data and SMS traffic for the execution of the Services, as well as using the SIM Card(s) to resell the data and SMS traffic to third parties.
6.5 Things Mobile may definitively cease or suspend without notice and compensation use of the SIM Card(s) where there is evidence of misuse of the Services by the Customer.
7.Limitation of liability and indemnities
7.1 The liability of Things Mobile in case of damages caused by conduct attributable to it is limited within the maximum cumulative limit of € 10,000 (ten thousand) regardless of the number of SIM Cards held by the Customer.
7.2 Things Mobile is not liable in any way whatsoever for damage caused by negligence and/or for indirect and/or consequential damage and loss of earnings by the Customer.
7.3 Things Mobile complies with AGCOM Resolution no. 347/18/CONS on compensation applicable in the settlement of disputes between users and operators of electronic communications.
8. Price Plans and Invoicing
8.1 The Services are provided solely on a prepaid basis and are available for both private and business users. The prices are available and constantly updated on the website www.thingsmobile.com, under the section Price Plans and any changes shall be communicated in compliance with the requirements of AGCOM Resolution no. 519/15/CONS.
8.2 The Customer may request, by accessing their Dedicated Private Area, to choose a Price Plan different from the one originally chosen, where this is technically possible and permitted by the provisions of the new Price Plan.
8.3 Any granting by Things Mobile of promotional economic terms (including free credit) is limited to the specific circumstances for which these were granted and therefore shall not constitute precedent or contractual use in favor of the Customer. Any remaining free credit is not refundable to the Customer in case of termination of this Contract for any reason.
8.4 The Customer may have access to a copy of the Invoice by accessing its Dedicated Private Area or requesting said copy by communication to the following e-mail address email@example.com. Hard copies of Invoices requested by the Customer will be sent upon payment of a sum of € 5.10 including VAT and delivery fees.
9. Personal Data Protection
9.1 The personal data provided by the Customer for the activation of the Services and/or acquired during the contractual relationship will be processed by Things Mobile as controller for the purposes related to the provision of Services and, with the consent of the Customer, for further purposes, in line with the policy published at https://www.thingsmobile.com/privacy-policy on the Things Mobile website.
9.2 The collection and processing of personal data will be carried out in such a way as to guarantee their security and confidentiality and in compliance with the provisions of Regulation (EU) 2016/679 (General Data Protection Regulation) and Italian Legislative Decree no. 196 of June 3, 2003 (Personal Data Protection Code) and other applicable laws and regulations.
10. Customer Service – Complaints
In order to receive assistance and lodge complaints in accordance with the regulations in force, the Customer may contact the Things Mobile customer service at the e-mail address firstname.lastname@example.org, toll-free number 800194016 for calls from Italy or telephone number +390283595427.
11. Assignment of Contract
11.1 Things Mobile is entitled to transfer this Contract, ensuring the fulfillment of the related obligations by the transferee, and without prejudice to the rights of the Customer.
11.2 Customers are entitled to transfer the rights and obligations under this Contract to third parties only after obtaining written approval by Things Mobile.
12. Termination by the Customer
12.1 The Customer has the right to withdraw freely and free of charge from this Contract by sending a registered letter with return receipt to the Things Mobile Customer Service, Via Biron 102, 36050 Monteviale (VI) (Italy) or to the certified e-mail address email@example.com, by notice sent to the e-mail address firstname.lastname@example.org, through the Dedicated Private Area or with the same electronic means used to activate the Services, except for the payment of amounts due at the time of withdrawal.
12.2 The notice of withdrawal by registered letter with return receipt or email as indicated in paragraph 12.1 above must be accompanied by a photocopy of the Customer’s ID document.
12.3 Termination shall take effect 30 (thirty) days after the date of receipt by Things Mobile of the Customer’s notice.
12.4 In the event of changes to this Contract, the Customer may withdraw from these according to the terms above and before the date the changes take effect. It is understood that termination shall take effect as from the effective date of the changes if the termination notice is received by Things Mobile before the above date.
12.5 If at the time of withdrawal, the Customer still has remaining credit associated with the SIM Card(s) in their possession, the amount will be refunded at the Customer’s request by transfer to the bank account and with the bank details provided by the Customer or through a refund to the credit card or PayPal account provided by the Customer to activate the Services.
13. Withdrawal and Termination by Things Mobile
13.1 Things Mobile may terminate these Contract Terms and Conditions by written notice of 60 (sixty) days from the date of termination, subject to the application of paragraph 12.5 above.
13.2 Without prejudice to compensation for damages suffered, Things Mobile has the right to terminate this Contract with immediate effect as per article 1456 of the Italian Civil Code in case of violation of article 6 above, in cases of blocking of the Customer’s credit card or in cases where the Customer is not directly or indirectly traceable to the legal entity that has entered into this Contract, giving notice by registered letter with return receipt to the Customer’s address.
14. Intangible assets
For the entire duration of the contractual relationship, Things Mobile grants the Customer a non-transferable and non-exclusive right to use the intangible assets (such as trademarks and logos that distinguish the Services) necessary for the use of the Services and only to the extent of that use. The related intangible rights remain the exclusive property of Things Mobile and/or third party owners and/or licensors of such intangible rights.
15. Out-of-court settlement of disputes
Any disputes between Things Mobile and the Customer regarding the provision of the Services and these Terms and Conditions shall be settled in accordance with the Regulation on procedures for the resolution of disputes between users and electronic communications operators set out in AGCOM Resolution no. 203/18/CONS.
16. Governing law
This Contract is governed by Italian law.
17. Contractual changes
Things Mobile reserves the right to modify at any time these Terms and Conditions, communicating any contractual changes at least 30 (thirty) days before these take effect. It is understood that the Customer may withdraw therefrom according to paragraph 12.4 above.
Terms and conditions valid for registered and activated customers from 11/14/2022. Click here to consult the history of the Terms and Conditions.