“Account Holder” means the person who has opened an account with eSIM+ and has or is about to associate a valid eSIM+ Product.
“eSIM+ Application” or “eSIM+ App” means the proprietary software application offered by eSIM+;
“eSIM” means embedded SIM in your device that uses eSIM+ Services;
“eSIM+ Products” means, collectively “eSIM+ Application”, “eSIM” (OR “SIM” ) and any eSIM+ services or products offered for sale;
“Intellectual Property Rights” means all of the following rights, collectively or individually and irrespective of whether registered or otherwise formalized, that may currently exist or may hereafter arise or be created anywhere in the world:
- rights associated with works of authorship, including, without limitation, exclusive exploitation rights, copyrights, designs, benefits of moral rights, and mask work rights;
- trademarks, service marks, trade dress, logos, trade names, domain names, and corporate names, together with all translations, adaptations, derivations, and combinations thereof and including all goodwill associated therewith;
- trade secrets and know-how;
- industrial property rights and all rights associated with patents, patent applications, provisional applications, continuations, continuations-in-part, re-examination certificates, utility models, invention registrations, and invention disclosures;
- other proprietary rights of every kind, including, without limitation, Confidential Information, rights, interests, and authorities existing pursuant to assignments, contracts, licenses, express or implied, and license registrations;
- and rights in or relating to applications, filings, registrations, renewals, extensions, derivatives, modifications, enhancements, combinations, divisions, reissues, and the like for any of the rights referred to in through of this definition;
“Participating Member Operator” means each of the operator partners of eSIM+ in whose networks the eSIM+ SIM may be used by the Account Holder;
“Service(s)” or “eSIM+ Service(s)” means eSIM+ data plan(s) and any other data service provided and sold to the Account Holder”;
“Top-Up” means the purchase of a Service by the Account Holder for additional data usage with the eSIM.
These Terms govern the sale and use of eSIM+ Products.
eSIM+ Products may only be sold to persons 18 years old and above.
An account must have a valid SIM/eSIM associated with it. Accounts with unconfirmed email addresses will be deleted in 30 days of opening the account.
In the event that the Account Holder does not use the SIM for any continuous period of one hundred eighty (180) days, eSIM+ reserves the right to invalidate the SIM Account Holder account and the Service without prior notice and without any refund, repayment or compensation.
The SIM is not preloaded with data and a Service must be purchased in order to use data with the SIM.
The SIM and any Top-Up once sold cannot be returned to eSIM+ and the cost of the SIM and any unused usage will not be refunded by eSIM+, regardless of whether the card and/or Top-Up plan have been activated. eSIM+ shall not, in any circumstance, be required to refund any balance remaining in the Service or in any Top-Up purchased by the Account Holder.
The Account Holder shall be fully responsible for the use of the SIM/eSIM and under no circumstances shall eSIM+ be liable for any loss, expenses, or damages incurred or suffered by an Account Holder resulting from the Account Holder’s misuse or non-conforming use of the SIM/eSIM and/or eSIM+ Services.
An Account Holder’s SIM and any Top-Up is non-transferable.
The SIM only allows for ‘data usage’ as defined by the Global System for Mobile Association (GSMA). All other services, including voice calls, SMS, and MMS cannot be made with the SIM. The SIM only works on unlocked devices, which can use the eSIM+ Access Point Name (APN). For device configuration, please read our FAQ.
Online Purchase or Top-Up:
The Account Holder, by making his first online purchase or Top-Up transaction for a eSIM+ SIM, consents and authorizes eSIM+ to automatically debit the credit card (or another authorized payment method) used for the first purchase or Top-Up by the Account Holder for any future purchases or Top-Up of the same SIM.
The default transaction currency for the SIM shall be Euro or the displayed currency at the point of sale.
All products and/or services provided by eSIM+ are provided “as is” and “with all faults,” and eSIM+ expressly disclaims all other warranties of any kind or nature, whether express, implied or statutory, including, but not limited to, any warranties of operability, condition, title, non-infringement, non-interference, quiet enjoyment, value, accuracy of data, or quality, as well as any warranties of merchantability, system integration, workmanship, suitability, fitness for a particular purpose, or the absence of any defects therein, whether latent or patent.
The products and services provided by eSIM+ are not fault-tolerant and are not designed, manufactured or intended for use as on-line control equipment in hazardous environments requiring fail-safe performance, examples such as in the operation of nuclear facilities, aircraft navigation or aircraft communication systems, mass transit, direct life support machines, or weapon’s systems, in which the failure of the products or services could lead directly to death, personal injury, or severe physical or environmental damage (“high risk activities”). Accordingly, eSIM+ disclaims any express or implied warranty of fitness for high-risk activities. The customer agrees that eSIM+ shall not be liable for any claims or damages arising from or related to the use of eSIM+ products or services in high-risk activities or similar applications.
Limitations of Liability:
In no event shall eSIM+ be liable under any legal theory: to customer for any incidental, consequential, special, punitive, exemplary or indirect damages, or for any lost profits, even if advised of the possibility of the same, however caused and regardless of theory of liability, whether tort, contract, or strict liability, to customer or any third party for damages relating to personal injury caused by installation or use of any eSIM+ product or service, or for any damages the customer may suffer from or in connection with the use or inability to use the eSIM+ sim or eSIM+ app, including the inability to make emergency service calls. eSIM+’s total aggregate liability for any other damages asserted by customer shall be limited to customer’s actual damages caused by any eSIM+ product or service purchased, licensed, or used under this agreement, and shall in no event exceed the amounts paid to eSIM+ by customer for the three months preceding for non-top-up service or the last top-up service from the date of claim by customer, under the applicable schedule for the specific product or service that are the subject of customer’s claim against eSIM+. To the extent that any products, services, or facilities provided hereunder, or in relation to this agreement, are provided by third parties pursuant to an arrangement with eSIM+, the disclaimers and limitations of eSIM+’s liability set forth herein, shall extend fully to such third parties. The disclaimers and exclusions contained herein are independent of any exclusive remedy and shall apply notwithstanding the failure of such an exclusive remedy.
The above limitation includes, but is not limited to, damages resulting from loss or theft of data, transmission delays or failures, service interruptions, unauthorized access or damage to records, software programs or other information or property; loss of profits; cost of cover; or any other special, incidental, consequential, direct, indirect or punitive damages, however, caused. This limitation will apply even if eSIM+ has been advised of, or is aware of, the possibilities of such damages.
eSIM+ does not and cannot control the quality of the participating member operator’s networks in which service(s) may be used or interconnect with. Therefore, eSIM+ disclaims any and all liability that may arise from the performance, including failure, of the participating member operator’s networks.
Where a state does not allow the disclaimer or limitation of damages relating to personal injury, the above disclaimers and limitations of liability shall not be construed in that state as disclaiming or limiting damages to personal injury.
Changes in Regulation:
Account Holder and eSIM+ understand and agree that regulators of the Participating Member Operator’s networks, or other bodies of competent legal jurisdiction, may impose regulations on telecommunication services. If new regulations are imposed upon eSIM+, then Account Holder hereby acknowledges that eSIM+ is authorized to make changes to this Terms and Agreement that reflect the new regulations and will post such changes on its corporate website.
Consent of the Account Holder:
eSIM+ uses the consent that you, the Account Holder, had expressly provided us upon the opening of your eSIM+ account and/or when you use eSIM+ Services.
An Account Holder may request the deletion of their account at any time by submitting a request to firstname.lastname@example.org.
eSIM+ shall be entitled to terminate Services, eSIM+ Product(s), or Agreement if:
The Account Holder abuses eSIM+ Products by improper usage, including for illegal or unethical purposes;
Any of the information provided by the Account Holder upon purchasing the eSIM+ Products is found to be false or unauthorized;
Upon termination, eSIM+ shall have the right to disconnect the Account Holder’s access to Services and/or eSIM+ Products.
eSIM+ shall be excused from performance of its obligations under these Terms or Agreement if such a failure to perform results from:
- compliance with any requirement of applicable law, regulation, or judicial order;
- any act of God, fire, explosion, flood, strike, embargo, terrorist attack, war, insurrection, or riot;
- 3. shortage of, or inability to obtain, appropriate labor, fuel, power, or raw materials;
- 4. any failure or malfunction of Account Holder’s equipment, or of any equipment or services used by or otherwise provided to Account Holder by a third-party provider;
- 5. or without limiting the foregoing, any other cause beyond the reasonable control of the excused Party, whether of the class of causes hereinbefore enumerated or not (each of individually being a “Force Majeure Event”).
Any delay resulting from a Force Majeure Event shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable under the circumstances.
Fair Use Policy:
The use of the purchased Service by an Account Holder is expected to be fair data usage.
Excessive volume or duration of data use, determined at eSIM+’s sole discretion, acting reasonably, will constitute abuse of data usage privileges by the Account Holder.
eSIM+ reserves the right to monitor data usage and to withdraw the Services supplied to the Account Holder at any time in case of overuse or abuse of the Service by the Account Holder.
eSIM+ will not be liable for reimbursement, compensation, or any subsequent loss of any eSIM+ Product or Service(s) that is suspended, withdrawn, or terminated under this Fair Use Policy.
Jurisdiction and Arbitration:
Any dispute, controversy, or claim arising out of, or in relation to the service, including the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the established under the laws of Lithuania.
Nothing in these Terms or Agreement or in the Parties’ course of dealing or performance hereunder shall transfer, assign, or grant to, or be claimed to transfer, assign, or grant any right, title, or interest in, or expressly or impliedly license, including by estoppel, statutory operation, or otherwise, other than as expressly granted, any Intellectual Property Rights of eSIM+, its Affiliates, or any third party. eSIM+ and its Affiliates and licensors reserve all rights thereto, except the limited rights expressly granted to Account Holder hereunder.
All intellectual property rights in eSIM+ Products and Services belong to eSIM+. The purchase or use of such eSIM+ Products and Services by Account Holder does not imply any transfer of intellectual property rights from eSIM+ to the Account Holder.
Account Holder shall not engage in any act or omission that would impair the Intellectual Property Rights of eSIM+ or its Affiliates or licensors in any eSIM+ product or service.