These Terms and Conditions ("Terms") establish a legally binding agreement ("Agreement") between you and eSimply, governing your access to and usage of our website or mobile application (the "Application"). By accessing the Application, you affirm that you have read, comprehended, and consent to abide by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you are expressly prohibited from using the Application and must cease use immediately. Any additional terms and conditions or documents that may be posted on the Application from time to time shall also constitute an integral part of these Terms and Conditions. We retain the right, at our sole discretion, to modify or amend these Terms and Conditions at any time and for any reason. We may notify you of any changes by updating the "Last updated" date in these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of any updates. Your continued use of the Application after the posting of revised Terms constitutes your acceptance of those changes. The services provided by the Application are not intended for use by any person or entity in any jurisdiction or country where such use would contravene any law or regulation. Hence, individuals accessing the Application from other locations do so at their own initiative and are solely responsible for complying with local laws, if applicable.
1. eSIM Service
eSimply.io (eSimply) offers prepaid eSIMs with data service plans based on eSIM technology (the "Service"). eSimply may resell the Service through Partners or Agents.
2. Terms of Service
2.1. Registration
- Customers may register for the Service through our website, the eSimply App, or via other partners or agents.
- Registration requires the provision of First and Last name, a verifiable email address, and the option to voluntarily upload a profile photo and state travel preferences.
- Acceptance of the General Terms and Conditions and the Privacy Policies is mandatory for Service registration.
2.2. Purchase and Activation
- Customers can search, select, and purchase plans on our website, the eSimply app, or through our partners and agents.
- Customers must have an unlocked, eSIM-compatible device as a prerequisite for the Service.
- Upon purchase, customers must download the eSIM onto their device to configure data plans as per their order. The downloaded eSIM remains on the device after credit depletion or plan expiry and can be removed at the customer's discretion.
- Activation of the data plan attached to the eSIM is necessary for service commencement and may require a stable internet connection.
2.3. Duration and Termination
- The Service begins immediately after successful eSIM download and data plan activation.
- Service duration corresponds to the terms of the purchased plan.
- Service termination occurs upon full plan consumption or plan duration expiry, whichever is earlier.
- eSimply reserves the right to suspend a Customer's Service for breach of customer obligations (outlined below), with or without notice, and may close customer accounts while seeking proper payment if customers misuse eSimply's credits, promotions, or referrals for the Services ("Program") in an inappropriate manner or violate these Terms & Conditions or any applicable laws.
2.4. Engagement
- The Service is provided on an "as is" and "as available" basis, with eSimply making reasonable efforts to maintain availability, subject to network capacity and connection availability.
- eSimply collaborates with partners to provide the Service, and customers must comply with the respective Terms and Conditions of these partners.
- Service availability is contingent on partners' capacity and connection availability, with no guarantees provided.
2.5. Customer Obligations
- Customers must use the Service in compliance with these Terms and Conditions and accept responsibility for all use of the Service.
- Submission of truthful, accurate, and complete registration information, and its regular updating, is required.
- Password confidentiality is essential, and customers are accountable for all account and password usage. We reserve the right to alter, reclaim, or change objectionable usernames.
- Compliance with applicable laws and regulations of the home nation, country of residence, and current location is mandatory.
- The Service is for personal consumption only.
- Customers must not use the Service for abusive, illegal, fraudulent activities or actions that impair or damage the network.
- The Program's credits, promotions, and referrals must not undermine its fairness, integrity, or legitimate operation. Violations may lead to disqualification from the Program and future Service use. Deliberate damage or undermining of Service operation may result in legal action.
3. Payment Terms
- Registration and eSIM purchases can be made on our website or eSimply app.
- All eSIMs are prepaid, with prices inclusive of indirect taxes unless specified otherwise. Indirect Tax is determined based on the billing zip code.
- Indirect Taxes include sales tax, value-added tax, and similar levies imposed by government entities during Plan sales.
4. Returns and Refunds Policy
- Customers are charged upon eSIM purchase.
- Refunds or changes can be requested before eSIM installation and activation or due to known technical problems originating from eSimply after activation.
- Complaints or feedback regarding the Service can be sent to our WhatsApp channel, our website's chatbot, the mobile app's Help Center, or via email at hello@eSimply.io.
5. Governing Law and Legal Compliance
- This Agreement and any non-contractual obligations arising from it shall be governed by and construed in accordance with the laws of the Republic of Ireland. Any disputes shall be addressed in the courts of that jurisdiction.
- Mandatory rules, regulations, and laws of other states or countries may also apply to your use of the Services.
- We may collect certain personal information to comply with legal and regulatory requirements. By registering for the Services, you consent to such disclosure, potentially to countries with varying data protection levels compared to the United States.
6. Intellectual Property Rights
- Unless otherwise indicated, the Application is our proprietary property. All Content and Marks on the Application are owned or controlled by us or licensed to us, protected by copyright and trademark laws, and other intellectual property rights.
- Use, reproduction, distribution, or creation of derivative works based on the Application or Content without our express written consent is prohibited.
- Users are granted a limited license to access and use the Application and download or print Content for personal, non-commercial use, subject to these Terms and Conditions.
7. Privacy Policy
- User privacy is paramount. Please review our Privacy Policy on our mobile app and website. Your use of the Application implies acceptance of our Privacy Policy, incorporated into these Terms and Conditions.
- We may disclose personal information upon valid orders from authorized government representatives or court orders, even to countries with differing data protection standards compared to the Republic of Ireland.
8. Assignment
- eSimply may assign, transfer, or subrogate rights and obligations from this Agreement to any company within its group without client consent.
9. User Generated Contributions
- Users may contribute to blogs, forums, and other functionalities on the Application. Contributions are non-confidential and non-proprietary.
- By making Contributions, users warrant that they have the necessary rights and permissions for such Contributions and comply with these Terms and Conditions.
- We may edit, re-categorize, or delete Contributions at our discretion.
10. Contribution License
- By posting Contributions, users grant us an unrestricted license to host, use, copy, reproduce, disclose, sell, publish, and distribute those Contributions.
- This license applies to all media formats and channels. Users waive moral rights in Contributions.
- We do not claim ownership of Contributions.
Business inquiries
hello@eSimply.io
