Terms of Service

Effective Date: January 1, 2025 | Last Updated: January 1, 2025

Welcome to eSimAce! These Terms of Service ('Terms') constitute a legally binding agreement between you and eSimAce Inc. ('we,' 'us,' 'eSimAce'). By accessing or using our website and services, you agree to be bound by these Terms. If you do not agree, please do not use our services.

1. Service Description

1.1 Our Services

eSimAce provides global eSIM (embedded SIM card) data plan sales and related services, including:

• Online purchase of eSIM data plans for 190+ countries and regions
• eSIM activation via QR code or activation code
• Usage tutorials and technical support
• Account management and order tracking
• Referral program and commission system

1.2 Service Availability

Our service availability depends on:

• Whether your device supports eSIM technology
• Network coverage in your region
• Local carrier service quality
• Applicable laws and regulations

2. Account Registration & Use

2.1 Creating an Account

Certain features require account creation. You agree to:

• Provide accurate, complete registration information
• Be at least 18 years old or the age of majority in your jurisdiction
• Keep your account information current
• Take responsibility for all activity under your account
• Protect your password and account credentials
• Notify us immediately of unauthorized access

2.2 Account Restrictions

Each user may register only one account. We reserve the right to:

• Refuse registration or terminate any account
• Remove or disable accounts violating these Terms
• Verify your identity
• Limit certain account features or services

3. Purchasing & Payment

3.1 Order Process

• Select Plan:Browse and choose the eSIM plan that fits your destination and needs
• Confirm Order:Review plan details, pricing, and validity period
• Complete Payment:Pay using our supported payment methods
• Receive eSIM:After successful payment, you'll immediately receive your eSIM QR code and activation instructions

3.2 Pricing & Payment

• All prices are in USD unless otherwise stated
• Prices may change due to promotions, exchange rates, or other factors
• Payments are processed through third-party providers (such as Stripe)
• You're responsible for any applicable taxes and fees
• Accepted payment methods: credit card, debit card, account balance, commission deduction

3.3 Order Confirmation

Upon receiving your order, we'll send a confirmation email. Order confirmation doesn't constitute acceptance—we reserve the right to refuse orders in these cases:

• Product unavailable or cannot be provided
• Pricing or product information errors
• Payment information cannot be verified
• Suspected fraud or illegal activity

4. eSIM Activation & Usage

4.1 Activation Requirements

To successfully activate your eSIM, you need:

• eSIM-compatible device (iPhone XS or later, most new Android flagships)
• Device not carrier-locked
• Stable network connection to download eSIM profile
• Follow activation instructions correctly

4.2 Usage Rules

When using eSIM, you agree to:

• Use for personal, non-commercial purposes only
• Not engage in illegal activities or violate local laws
• Not abuse network resources (e.g., excessive downloads, P2P file sharing)
• Not resell, redistribute, or commercialize eSIM services
• Not use automated tools, bots, or scripts to access services
• Comply with local carrier fair use policies

4.3 Usage Limitations

⚠️ Important Notes:

• Once activated, validity period begins and cannot be paused or extended
• Unlimited data plans may experience reduced speeds after fair use threshold
• Some countries may restrict VoIP calls or certain apps
• Roaming data speeds depend on local network conditions

5. Refund & Cancellation Policy

5.1 General Refund Policy

Due to the digital nature and instant delivery of eSIM products:

• Once eSIM QR code is delivered, it is considered delivered and generally non-refundable
• Unactivated eSIMs may qualify for refund (minus 10% processing fee) if requested within 24 hours of purchase
• Activated eSIMs are non-refundable under any circumstances

5.2 Exceptions

Full refunds or compensation may be available in these cases:

• eSIM cannot be activated due to our error
• Product description significantly differs from actual service
• Technical failure renders service completely unusable
• Other special circumstances we approve

5.3 Refund Process

To request a refund, please contact us within 7 days of purchase at [email protected] and provide:

• Order number
• Registered email
• Detailed explanation of refund reason
• Supporting documentation (screenshots, error messages)

We'll review your request within 5 business days. Approved refunds will be returned to the original payment method within 10 business days.

6. Referral Program & Commissions

6.1 Program Details

Registered users can earn commissions by referring new users:

• Each user has a unique referral code
• New users get a discount when using a referral code
• Referrers earn a percentage of the referred user's first purchase
• Commissions can be used for plan purchases (up to 50% of order value) or withdrawn

6.2 Prohibited Activities

These actions will result in commission forfeiture and account suspension:

• Self-referral or creating fake accounts
• Promoting through spam or fraudulent means
• Impersonating official representatives
• Other activities violating integrity principles

7. Intellectual Property

7.1 Our Rights

All content on the eSimAce website and services, including but not limited to text, graphics, logos, icons, images, audio, video, software, and compiled content, is the property of eSimAce or its content providers and protected by copyright, trademark, and other intellectual property laws.

7.2 License to Use

We grant you a limited, non-exclusive, non-transferable license for:

• Accessing and personal use of services
• Downloading and printing content for personal reference

You may not:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, or create derivative works
• Reverse engineer, decompile, or disassemble any software
• Remove any copyright or proprietary notices

8. Disclaimers

⚠️ Important Disclaimer:

• Services are provided 'as is' and 'as available' without warranties of any kind
• We don't guarantee uninterrupted, timely, secure, or error-free service
• We don't guarantee accuracy or reliability of results obtained through services
• Network coverage, speed, and quality are determined by local carriers—we're not responsible
• We're not responsible for third-party content, websites, or services
• Device compatibility and activation success depend on multiple factors. We'll do our best to support you but can't guarantee 100% success

9. Limitation of Liability

To the maximum extent permitted by law:

• eSimAce and its officers, directors, employees, and agents are not liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount you paid in the transaction giving rise to the claim
• We're not liable for losses caused by:
  • Force majeure events (natural disasters, war, government actions, etc.)
  • Third-party service interruptions or failures
  • Device issues or improper use
  • Data loss or corruption
  • Business interruption or lost profits

10. Indemnification

You agree to indemnify, defend, and hold harmless eSimAce and its affiliates from any claims, damages, liabilities, costs, and expenses (including reasonable attorney fees) arising from:

• Your violation of these Terms
• Your infringement of others' rights
• Your use of services
• Content or information you provide

11. Termination

11.1 Termination by You

You may stop using services and close your account at any time. Closing your account doesn't affect use of already purchased plans.

11.2 Termination by Us

We may suspend or terminate your account and service access in these cases:

• Violation of these Terms
• Suspected fraud or illegal activity
• Service or resource abuse
• Extended non-use (over 2 years)
• Legal requirement or court order

11.3 Effects of Termination

After account termination:

• You'll lose access to your account and related data
• Unused balance and commissions will be forfeited (in violation cases)
• Already purchased and valid eSIMs can continue to be used
• Certain terms (like indemnification, liability limitations) remain in effect

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by Delaware law, without regard to conflict of law principles.

12.2 Dispute Resolution Process

1. Friendly Negotiation: Any disputes should first be resolved through friendly contact with us at [email protected]
2. Arbitration:If negotiation fails, disputes shall be submitted to binding arbitration under the American Arbitration Association (AAA) Commercial Arbitration Rules
3. Arbitration Venue:Arbitration shall take place in Wilmington, Delaware
4. Class Action Waiver:You agree to bring claims only in individual capacity and waive the right to participate in class actions

13. General Terms

13.1 Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and eSimAce regarding services.

13.2 Terms Modification

We reserve the right to modify these Terms at any time. Material changes will be announced 30 days in advance via email or website notice. Continued use of services indicates acceptance of revised Terms.

13.3 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in effect.

13.4 No Waiver

Our failure to exercise or delay in exercising any right doesn't constitute waiver of that right.

13.5 Assignment

You may not assign rights or obligations under these Terms. We may freely assign our rights and obligations.

13.6 Language

These Terms may be available in multiple languages. In case of conflict, the English version shall prevail.

14. Contact Us

For questions about these Terms of Service, please contact:

Thank you for choosing eSimAce!
We're committed to providing you with excellent global eSIM services.