Nos conditions d'utilisation

Esim.io (hereinafter referred to as “the Application”, “Product”) is owned and operated by Getverify LDA (hereinafter referred to as “our”, “we”, “us”). GetVerify LDA is also referred to in this Terms of Service by the Esim.io brand name.

This terms of service which enable the use of the Application owned by Getverify LDA shall be valid for all Services given to you within the Application (“Terms of Service”, “Terms”).

Th Terms of Service will provide you the right to use the software applications, web sites, tools and other features (collectively, the "Services") of the Application. If you are using the Application when you are acting as a business entity, please note that the transactions you make are binding for your business.

By using our Services, you confirm that you accept our Terms of Service herein and you agree to comply with them. If you do not agree with these Terms of Service, please do not install and use the Application.

We grant you a limited, revocable, nonexclusive, non-assignable, non-sublicensable license and right to utilise Esim.io Services through a mobile device or Application. We reserve all rights regardless of whether they have been expressly granted in the Terms, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in our Services, and all related items.

You accept that the contact information which you have declared while creating a profile may be used for bulletins, marketing and advertising purposes.

If you have any questions about these Terms or our Services, please contact us at support@esim.io and Avenida do Infante, no. 50, 9004-521 Funchal, Madeira, Portugal. You can review the Purchasing Policy for more detailed information about your rights and obligations in terms of consumer protection legislation.

Please also review our Privacy Policy at Privacy Policy

Last Update: ____ May , 2024

1. Description of Services and Fees

Esim.io, resells prepaid eSIMs. The customer registers and buys its eSIM within the scope of these Terms.

The Customer is responsible for ensuring that their device is eSIM compatible and network-unlocked. Device compatibility may depend on the carrier and country of origin, the Customer must check and ensure before the checkout.

The activation of the eSIM is the customer's responsibility and Esim.io shall incur no liability in the event that the activation cannot be carried out.

These Terms of Service will be terminated if the customer does not have an active data package or has deleted the eSIM from the target device.

Users can benefit from the paid services offered by Esim.io at their own discretion.

Different fees may be determined and arranged for different countries while purchasing. The user will be notified about the fee before the purchase. However, if users change their settings in their own accounts and select a different country, the notified fees may vary. Fees notified to the user are arranged according to the country which they have selected in the account settings.

Our wish is for you to be completely satisfied with our services. Malfunctions may be encountered from time to time. We are working on solving the problems that our users encounter by maintenance and other actions to provide you a smooth use of our services.

To use the Esim.io service, you must have internet access and a device that supports E-sim and provide us with one or more Payment Methods. “Payment Method” means an existing, valid, recognized payment method, which you may update from time to time and which may include payment through your account through a third party.

If you have used third parties as a Payment Method and wish to cancel your Esim.io payment, you may need to do so through that third party. For example, by accessing your account with that third party and opting out of the Esim.io service through that third party. You can also find billing information for your Esim.io purchase by visiting your respective third-party account.

The requests for refunding (returning money) is dealt with by Application. Be aware that no refunds may be made for deleted accounts if you have violated our Terms of Service.

Esim.io states all charges are inclusive of VAT unless otherwise specified.

The customer shall not be entitled to offset any of its claims against claims of Esim.io, except where the customer's claims are undisputed or have been confirmed by final court judgement.

2. Termination

The license for the use of the Services provided herein is effective until terminated. We may terminate these Terms without any notification at any time. You may terminate your license at any time, by sending a cancellation request herein and by removing the mobile application from your devices. We reserve the right, without notice and in our sole discretion, to terminate your license to access or use our Services if you fail to comply with any of the Terms and provisions of any applicable laws. We are not responsible for any loss or harm related to your inability to access or use our Services. To the extent permitted by applicable law, payments are non-refundable, non-transferable and we do not provide refunds or credits for any purchase.

3. Eligibility

You must be at least 18 years of age to access or use our Services.

4. Access

We do not guarantee that our Services will always be available or be uninterrupted. You are responsible for making all arrangements necessary for you to have access to our Services.

We do not represent that our Services will be available in other locations. We may limit the availability of our Services or specific functionality to any user or geographic area at any time. If you choose to access our Services from a prohibited jurisdiction, it is at your own risk.

The Customer will immediately see the purchased eSIM under the "My eSIMs" tab on the Esim.io website and/or the Esim.io app. The Customer will receive a confirmation email after the purchase. All the information for installing the eSIM will be available only on the user's Esim.io account.

5. Updates and Support

We reserve the right to add or remove features or functionality to the Product. When you access our website, the Product periodically communicates with our servers. Before you begin to use updated versions of the Product, you may be asked to review and may need to accept the updated Terms of Service. You may continue to use the Services after the update proves that the User has agreed and accepted the updated Terms.

The Product constantly works to provide suitable and efficient technical support to the Services and provides updates and upgrades. However, it is not mandatory to provide any maintenance or support for the Services under these conditions. Esim.io reserves the right to restrict, limit or terminate the support, updates or improvements provided from time to time.

Esim.io shall use reasonable endeavours to provide the customer quality service. However, Esim.io does not guarantee that the service will not be interrupted, provided on time, and be safe or fault-free.

6. Privacy

Please find our Privacy Policy for detailed information about how we collect, use and disclose the information/personal data given by you. Transfer and storage of information about you is governed by our Privacy Policy as well.

Data security is provided by the Application. However, the customer is responsible for any unauthorized access to user information, contact information and other contents; abusing, storage, reproduction, sale, copying, as well as illegal use of user information, contact information and other content.

7. Code of Conduct and Prohibited Content

You will not violate any applicable law, these Terms of Service, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. Persons who are granted the right to use the Service and Content by accessing the Service may not;

copy, disclose, modify, alter, process, reformat, display, distribute, license, disseminate, sell, perform, transfer, hyperlink to, reverse engineer or disassemble the Content and/or the Service or any part thereof, or make the Content and/or the Service or any part thereof available in any manner other than as described in this Agreement,

attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access,

provide or create hyperlinks (including deep-links) from the Content and/or the Service,

use the Service or Content for any commercial purpose,
use the Service and any information accessed through the Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms,

use the Service to post, upload or transmit any message, information or image that is obscene, pornographic, threatening, racist, divisive, defamatory, contrary to national security, contrary to the indivisible integrity of the state with its country and nation, defamatory of third parties, indecent, indecent, breach of trust or otherwise unlawful,

harass, threaten, impersonate, or otherwise violate the rights of others, including privacy rights,

hack other computers, make excessive traffic requests, probe or port scan, infect other computers with viruses, mail bombs, chain letters or pyramid schemes in order to prevent other users from using and enjoying the Service or any other website,

collect or process other people's personal information in violation of the legislation,

advertise or make offers for the sale of Products or Services,

infringe the intellectual property rights of others, including copyright,

use the Service to collect information about users of the Service or to send or otherwise distribute junk or bulk e-mail (also known as "spam") without authorization or permission,

develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services,

engage in any action that directly or indirectly interferes with the integrity of our Services, including but not limited to any attempts to access or hack our servers or network,

use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner,

use the Service or Content in a manner that Esim.io, in its sole and absolute discretion, deems inappropriate or unacceptable or likely to damage its brand or reputation.

The Customer shall be responsible for any misuse of the Service or Content, even if such misuse is caused by someone else's access to or use of the Service or Content. We reserve the right to delete, remove, modify or reject any material that the Customer or any third party has posted or attempted to post on the Service, to block or suspend access to the Service, and to take any other action deemed necessary in Esim.io's sole discretion to prevent or remedy any breach of these Terms of Service. Any content or third-party material in the Content or Service that is reasonably believed to violate these Terms of Service must be reported.

Please note that you are not given the permission to use the name, logo or other commercial symbols of the Application. Please read our “Intellectual Property” section for detailed information.

Any violation of this section may cause you to be a subject to legal and/ or criminal penalties.

8. Service Availability and Partners:

Esim.io will take reasonable steps to make the Service available to you at all times, contingent upon our and/or our service provider’s ability to maintain network capacity and connection availability. However, because Esim.io relies on technology and networks provided by its partners, Esim.io cannot guarantee network coverage, quality, or availability of the Service. Esim.io partners with other entities to provide the Service. Esim.io is under no obligation to inform the customer if it uses services from such partners. Customers agree to comply with the terms and conditions of our partners as well.

9. Customer Obligations:

Without prejudice to Section 7 of this Terms of Service, the customer’s obligations are as follows:

Use the Service in compliance with these Terms of Service and to be responsible for all use of the Service from its account,
Submit true, accurate, and complete registration information, and to keep such information up-to-date,
Keep the password at all times confidential and will be responsible for all use of the account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is objectionable,
use the Service in accordance with all applicable laws and regulations of the home nation, the country of residence, and the country in which the customer is present when the Service is being used by the Customer,
Customer agrees that it is solely liable for the use of any prohibited and/or restricted services under any applicable laws and regulations of the Customer’s home nation, country of residence, and the country in which the customer is present when using the services, including but not limited to the use of the recurring subscription version of the E-sim (“One-sim”). Customer agrees and accepts to indemnify and hold Esim.io harmless from any and all claims arising from and/or in relation to use of prohibited and/or restricted services,
Customer agrees that the Service shall be used for personal consumption only,
Customer agrees that the Service shall not be used to engage in any action that is abusive, illegal or fraudulent or that causes the network to be impaired or damaged,
Customer agrees that the credits, promotions and referrals for the Services (the “Program”) shall not be used to undermine the fairness, integrity or legitimate operation of the Program, including but not limited to, creating fake accounts or using fictitious identities to participate in the Program or receive Reward. Esim.io, in its sole discretion, reserves the right to disqualify the customer from the Program and future use of our Service,
Customer agrees that Esim.io may suspend customer’s use of the Service in case of breach of the above obligations, and that the Customer will continue to be liable and shall pay all charges due under these Terms of Service in respect of the suspended Services. Do note that any attempt to deliberately damage or undermine the legitimate operation of the Services and the Program may be in violation of criminal and civil laws,
Customer acknowledges that Esim.io reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution,

10. Engagement

The Service is provided on an “as is” and “as available” basis.
Availability of Service depends on our partners’ ability to maintain network capacity and connection availability, for which there are no guarantees.

11. Device Compatibility

The Customer is responsible for ensuring that their device is eSIM compatible and network-unlocked. Device compatibility may depend on the carrier and country of origin. By confirming the purchase, the Customer confirms its device is eSIM compatible and network unlocked, the Customer is then held responsible for the accuracy of the information they provide.

12. Purchase and Activation

Esim.io may restrict the availability of plans to some countries. Customer can search, select and purchase our plans on our website, on the Esim.io app, or through our partners and agents.
By purchasing the Service, the customer acknowledges that they have an unlocked, eSIM-compatible device, carrier-unlocked, which is a prerequisite for the Service.
On purchase, customer must download the eSIM onto the customer’s device in order for the data plans to be configured as per the order. The downloaded eSIM shall continue to remain on the customer’s device after credit has been expended or your plan has expired. Customer can choose to remove the eSIM in their phone settings at any time, but we recommend that the customer do not remove eSIM until their plan has been depleted or expired.
To implement Service, the customer must first download the eSIM, then activate the data plan attached to the eSIM in order for service to commence. Downloading eSIM and the activation of the plans may require stable internet connection.

13. Indemnification

You agree to indemnify, defend and hold harmless Esim.io and each of our respective officers, directors, agents, partners and employees (collectively, the “ESIM.IO Parties”) from and aganist any loss, liability, claim, demand, damages, expenses or costs, whether direct or indirect, arising out of or related to your actions listed below:

Your failure to comply with any of the provisions of these Terms of Service,
Any use of the Service violating any applicable laws and regulations of the home nation, the country of residence, and the country in which the customer is present when the Service is being used by the customer,
Any use or Content you submit via our Services,
Any activity in which you engage on or through the Services,
Any misrepresentation made by you,
Your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights).

You agree to promptly notify Esim.io of any third-party claims, cooperate with Esim.io in defending such claims and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys’ fees).

We will notify you of any claim against us or our providers and you hereby give us and/or our providers full authority to defend, settle or resolve such claims.

14. Abuse of ESIM.IO Services

Esim.io reserves the right to investigate suspected violations of our Terms of Service herein and may seek to gather information from the user who is suspected of violation, and from any other user. We will collect and use such information in accordance with our Privacy Policy.

In its sole discretion, Esim.io may restrict, suspend or terminate the account of any customer/user who abuses or misuses the Services or breaches applicable laws. By accepting our Terms of Service herein, you waive and hold harmless Esim.io and ESIM.IO parties from any claims arising out of the action taken by Esim.io according to such misuse of the Services by either Esim.io or law enforcement authorities.

15. Intellectual Property Rights

Except as otherwise indicated, the Esim.io website and application are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the website and application “as is” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Using our Services does not give you ownership of any intellectual property rights in our Services. Esim.io and our licensors reserve all rights in and to our Services and the Esim.io Content. You are hereby granted a limited, nonexclusive, non-assignable, non-sublicensable, revocable license to access and use our Services and Esim.io Content for your own personal use. However, such license does not give you the right to (a) sell, resell or commercially use our Services or Esim.io Content; (b) copy, reproduce, distribute, publicly perform or publicly display Esim.io Content, except as expressly permitted by us or our licensors; (c) use any data mining, robots or similar data gathering or extraction methods; or (d) use our Services or Esim.io Content other than as expressly provided in these Terms. Any use of our Services or Esim.io Content other than as specifically authorized herein, without our prior written consent, is strictly prohibited and will terminate the license granted under these Terms.

16. Copyright and Trademark Complaints

If you believe that anything on our Services infringes any copyright that you own or control, you may notify Esim.io through:

E-Mail Address : support@esim.io

17. Disclaimer of Warranties

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WHILE ESIM.IO ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE CANNOT WARRANT THAT THE SERVICES PROVIDED ARE ACCURATE, RELIABLE, ERROR-FREE, UNITERRUPTED; THE APPLICATION OR SERVICES OR THE SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE APPLICATION MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ITS USERS' BEHAVIORS; THE USER SHALL INDIVIDUALLY AND SOLELY BE RESPONSIBLE FOR HIS/HER ACTIONS AND INTERACTION WITH OTHER USERS.

18. Limitation of Liability

ESIM.IO AND THE OTHER ESIM.IO PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF ESIM.IO OR THE OTHER ESIM.IO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH USE OF, OR INABILITY TO USE THE ESIM.IO SERVICES.

WE WILL NOT BE LIABLE FOR THE REPERCUSSIONS OF THE USE OF THE SERVICE BY THE CUSTOMER FROM A JURISDICTION PROHIBITING OR RESTRICTING THE USE OF ANY COMPONENT OF THE SERVICE INCLUDING BUT NOT LIMITED TO THE USE OF ONE-SIM, IN A JURISDICTION PROHIBITING OR RESTRICTING SUCH USE.

THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF ESIM.IO OR THE OTHER ESIM.IO PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. Applicable Law

These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of England. Any conflicts which may arise between the Application and the user shall initially be settled according to English Law. In the event of failing to reach an agreement, both Parties agree, declare and undertake that UK courts will have exclusive jurisdiction.

20. Severability

Each of the provisions of these Terms are distinct and severable from the others. If at any time one or more of those provisions is or become invalid, unlawful or unenforceable (whether wholly or partly), the validity, lawfulness and enforceability of the remaining provisions (or the same provision to any other extent) will not be affected or impaired in any way.

We may agree to amend these Terms of use in order to ensure the terms are valid, lawful and enforceable.

21. Changes to These Terms

We may revise these Terms at any time by amending this page. The amendments in question, shall not be applicable to any conflict between us occurred before we publish the updated Terms, the date of amendment or the notification date of such amendments. It shall be deemed as you accept the amendments if you use the Application after any amendment to the Terms. If you do not want to continue using the Application under the updated Terms, you can terminate your account by contacting us.

22. Third Party Contents

Where our Services may contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those third-party sites or resources.

23. Purchase Management and Cancellation

You can cancel your purchase at any time, and you will continue to have access to the Application service through the end of your billing period.

Refund, cancellation and monetary claims are handled by Esim.io. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial purchase periods.

Each data package has its own validity period. Once the validity period expires, there will be no refund for the remaining data.

Compensation: No refund or remuneration of any kind will be issued due to charges from alternate phones, alternate SIM cards, alternate providers, hotel phones, or other charges that are not directly linked to the customer's Esim.io. account.

Fraudulent purchases: Esim.io. reserves the right to refuse any form of refund if there is evidence of abuse, violation of our Terms of Services, or any fraudulent activity connected with using Esim.io. products and services.

Unauthorized purchases: The case will be subject to investigation and approval before processing any refund. Esim.io. reserves the right to suspend any account associated with fraudulent activity.

Accidental purchases: Once Customer buys and/or installs the eSIM, it will be considered used. No refunds will be offered.

Other Reasons: If the refund request is not within the above, we will investigate the request on a case-by-case basis. The maximum refund of credit a customer can apply for must be equal to or less than the total amount they paid.

To the extent permitted by applicable law, payments are non-refundable, non-transferable and we do not provide refunds or credits for any Purchase.

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