GENERAL TERMS AND CONDITIONS
1. VALIDITY OF GENERAL TERMS AND CONDITIONS
These Terms and Conditions (the "Terms and Conditions" or these "Terms") constitute a legally binding agreement between you ("Customer" or "you") and 1-eSIM Ltd., (referred to hereafter as "1-eSIM") and govern your use of our products, services, and website (the "Site" and collectively with the foregoing, the "Services"). These Terms and Conditions are provided on the website https://www.1-esim.com 1-eSIM may accept variant clauses only in the case of an explicit written agreement.
This section defines various categories of individuals and entities who interact with 1-eSIM services, platforms, and applications. Understanding these roles is crucial for interpreting the rights, obligations, and conditions described in these Terms and Conditions:
End Users: Individuals who use and interact directly with Services via their 1-eSIM account for their personal use.
Business Users: 1-eSIM provides services to entities ("Business Users") who directly and indirectly provide us with End Customer's personal information in connection with those Business Users' own business and activities.
End Customers: Individuals who receive services ordered by other 1-eSIM account owners, for example, when you do business with, or otherwise transact with a Business User.
he term "Customer" as used throughout this document will refer to any individual or entity engaging with 1-eSIM services, including End Users, Business Users, and End Customers, as applicable based on the context of the usage.
CUSTOMER ACKNOWLEDGES AND AGREES THAT, BY CLICKING ON THE "I AGREE" OR SIMILAR BUTTON, REGISTERING FOR AN ACCOUNT, USING THE WEB APP ON CUSTOMER'S MOBILE DEVICE, OR ACCESSING OR USING THE SERVICES, CUSTOMER IS INDICATING THAT THEY HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT CUSTOMER HAS REGISTERED WITH THE SITE OR THE APP. IF CUSTOMER DOES NOT AGREE TO THESE TERMS OF SERVICE, THEN CUSTOMER HAS NO RIGHT TO ACCESS OR USE THE SERVICES.
These Terms of Service are effective as of the date Customer first clicks "I agree" (or similar button or checkbox) or use or access the Services, whichever is earlier. If Customer accepts or agrees to these Terms of Service on behalf of its employer or another legal entity, Customer represents and warrants that:
(i) Customer has full legal authority to bind its employer or such entity to these Terms of Services;
(ii) Customer has read and understands these Terms of Service; and
(iii) Customer agrees to these Terms of Service on behalf of the party that Customer represents.
In such event, "Customer" will refer and apply to Customer's employer or such other legal entity.
PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN CUSTOMER AND 1-eSIM CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 18). PLEASE READ CAREFULLY AS IT AFFECTS CUSTOMER'S LEGAL RIGHTS, INCLUDING, IF APPLICABLE, CUSTOMER'S RIGHT TO OPT OUT OF ARBITRATION.
2. DESCRIPTION OF SERVICES
You agree to use eSIM Connect's website and services for lawful purposes only. You may not use our services for any illegal or unauthorized activity. You must comply with all local laws regarding online conduct and acceptable content.
2.1. USING THE SERVICES
Customer must register with 1-eSIM and create an account to use the Services (an "Account") and as part of that process Customer will be requested to provide certain information, including without limitation Customer's name, full address, phone number and email address. By using the Services, Customer agrees to provide true, accurate, current and complete information as prompted by the registration process and to maintain and promptly update the Account information to keep it accurate, current and complete. Customer is the sole authorized user of Customer's Account. Customer is responsible for maintaining the confidentiality of any log-in, password, and Account number provided by Customer or given to Customer by 1-eSIM for accessing the Services. Customer is solely and fully responsible for all activities that occur under Customer's password or Account, even if not authorized by Customer. 1-eSIM has no control over the use of any user's Account and expressly disclaims any liability derived therefrom. Should Customer suspect that any unauthorized party may be using Customer's password or Account or Customer suspects any other breach of security, Customer agrees to contact 1-eSIM immediately.
The person signing up for the Services will be the contracting party ("Account Owner") for the purposes of these Terms of Service and will be the person who is authorized to use any corresponding Account 1-eSIM provides to the Account Owner in connection with the Services; provided, however, that if Customer is signing up for the Services on behalf of Customer's employer, Customer's employer shall be the Account Owner. As the Account Owner, Customer is solely responsible for complying with these Terms of Service and only Customer is entitled to all benefits accruing thereto. Customer's Account is not transferable to any other person or account. Customer must immediately notify 1-eSIM of any unauthorized use of Customer's password or identification or any other breach or threatened breach of 1-eSIM security or the security of Customer's Account.
2.2. REGISTRATION FOR USING 1-eSIM SERVICES
All customers, including End Users, Business Users, End Customers as defined in Section 1, must accept the General Terms and Conditions to utilize 1-eSIM services. During the registration process, the following information must be provided:
• For End Users: Personal information such as First Name, Last Name, and Email address is required for direct interactions and transactions on the 1-eSIM website (https://www.only-sim.com) or via the Web App.
• For Business Users: Additional information may be necessary to accommodate the unique needs of businesses. This includes Company Name, Company Address, Company Users' email addresses, Company Website, Region, Industry, Phone Number, relevant contacts, and other relevant details.
• For End Customers: When services are ordered by another 1-eSIM account owner, such as a Business User, the necessary information to facilitate this transaction is handled by the initiating party. Business Users are responsible for ensuring that the personal information of End Customers is collected in compliance with applicable data protection regulations.
In instances where 1-eSIM services are provided through intermediaries (e.g., travel agencies), the intermediary may provide the required registration information on behalf of the Customer.
To adapt to evolving service requirements and enhance user experience, 1-eSIM reserves the right to collect additional information from all categories of customers as deemed necessary. This collection of additional information will be conducted in a manner that respects privacy and complies with data protection laws, without necessitating further changes to these Terms and Conditions. Customers will be informed accordingly about the collection of any such additional information through our standard communication channels.
2.3. 1-eSIM OBLIGATIONS
1-eSIM shall use reasonable endeavors to provide Customer quality service. However, 1-eSIM does not guarantee that the service will not be interrupted, provided on time, and be safe or fault-free.
2.4. CUSTOMER OBLIGATIONS
In using the Services provided by 1-eSIM, the Customer must not engage in any action: that is abusive, illegal, or fraudulent; that causes the Network to be impaired or damaged. When the Customer breaches its obligations under Sec. 2.4, 1-eSIM may suspend the Customer's use of the Service. During any period of suspension, the Customer shall continue to pay all Charges due under this Agreement in respect of the suspended Services.
2.5. 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; the Customer must check the list of eSIM-compatible devices provided at the checkout.
The eSIM compatibility list is not exhaustive, meaning newly announced eSIM-compatible devices may still need to be added.
3. START, DURATION, AND TERMINATION OF THE CONTRACT
he service contract between 1-eSIM and the Customer begins upon completing the order on the 1-eSIM website (https://www.1-esim.com/), via the Web App, or through the APIs on the partner platforms.
The Activation of the eSIM and acknowledgment of the Activation Policy is the Customer's responsibility.
The contract will be terminated for End Users if they do not have an active data package or have deleted the eSIM from the target device. However, for Business Users, the termination of the contract is subject to the terms of any specific agreement signed between the Business User and 1-eSIM. For Business Users with such agreements or active platform participation, the contract remains in effect even in the absence of an active data package or if an eSIM is deleted from a device, reflecting the ongoing partnership and commitments between 1-eSIM and the Business User.
4. CHARGES AND PAYMENT
Payment and any other expenses must be paid through the third party payment processing system (the "PPS") as indicated on the Services. Customer may be required to register with the PPS, agree to terms of service of the PPS, provide payment details to the PPS and go through a vetting process at the request of the PPS to set up an account with the PPS (the "PPS Services Agreement"). By accepting these Terms of Service, Customer agrees that they have downloaded or printed, and reviewed and agreed to, the PPS Services Agreement. Please note that 1-eSIM is not a party to the PPS Services Agreement and that Customer, the PPS and any other parties listed in the PPS Services Agreement are the parties to the PPS Services Agreement and that 1-eSIM has no obligations, responsibility or liability to any user or any other party under the PPS Services Agreement.
All prices and fees displayed on the Services are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services or other taxes, fees or charges now in force or enacted in the future ("Taxes") unless otherwise explicitly stated. Any applicable Taxes are based on the rates applicable to the billing address you provide to us, and will be calculated at the time a transaction is charged to your Account.
4.1. PAYMENT CONDITIONS
1-eSIM offers various payment methods for its services, including but not limited to Credit/Debit Card, PayPal, Google Pay, etc.
The currency of payment is in Euro (€) and may include various other currencies, with the currency of payment being determined during the transaction.
The credit card transaction will be processed and secured by 1-eSIM-approved payment service providers, including but not limited to PayPal (https://www.paypal.com) and Stripe (https://stripe.com), and additional providers chosen by 1-eSIM for each transaction.
4.2. AUTOMATIC RENEWALS FOR END USERS
In addition to our existing payment options, 1-eSIM offers continuous access to our services without the need for manual renewal. This model is intended for End Users seeking uninterrupted service and convenience.
Automatic Charges: Under this model, renewal fees will be charged automatically to the End User's preferred payment method when their data consumption drops below a certain threshold at the beginning of each billing cycle.
Cancellation Policy: End Users can cancel their renewal at any time. Cancellation will take effect at the end of the current billing cycle, allowing users to continue accessing the service until the cycle concludes. To cancel, users can manage their settings directly within their 1-eSIM account or contact our support team for assistance.
4.3. POSTPAID TRANSACTIONS FOR BUSINESS USERS
Postpaid transactions represent a flexible payment model tailored for Business Users, offering the convenience of receiving eSIM and top-up packages prior to payment. This approach aligns with the needs of businesses seeking operational flexibility and efficiency in managing their connectivity solutions.
A postpaid transaction allows Business Users to receive eSIM, top-ups, and other 1-eSIM products and services, with the payment obligation arising at a later date. The specifics of this payment arrangement, including the due date and payment terms, are clearly outlined in the invoice provided by 1-eSIM. This method facilitates immediate access to necessary services while ensuring payment flexibility.
• Credit Limit System: To support this model, 1-eSIM may implement a credit limit system. This system authorizes Business Users to utilize credit for purchasing eSIMs, top-ups, and other 1-eSIMproducts and services to a predetermined amount. The setting of these credit limits can be determined unilaterally by 1-eSIM or negotiated with the Business User, depending on the agreement's terms.
• Eligibility Criteria: Not all Business Users automatically qualify for postpaid payment options. 1-eSIM reserves the right to select eligible customers based on various criteria, ensuring that this payment model aligns with the business practices and risk management policies of both parties. Criteria for eligibility may include, but are not limited to, the Business User's transaction history, creditworthiness, and the duration of the business relationship with 1-eSIM.
5. DELIVERY
End Users will see the purchased eSIM under the "My eSIM" tab on the 1-eSIM website (https://www.only-sim.com) and/or the Web App. The Customer will receive a confirmation email after the registration.
Business Users will have their eSIMs displayed within the Partner Platform, facilitating the management and deployment of eSIMs and top-up packages, tailored to the business's unique requirements.
Recognizing the diverse needs of our Customers, 1-eSIM delivers its products and services through various methods, depending on the chosen integration and the specific products and services utilized.
6. REFUND / CANCELLATION / MODIFICATION POLICY
The Customer has the right to ask for a refund or eSIM-replacement if the Customer is unable to use the Services due to an error or omission by 1-eSIM. A refund request must be made within thirty (30) days following the date of purchase; provided that 1-eSIM shall have no obligation to issue such refund if 1-eSIM is able to resolve the Customer's inability to use the Services within 10 days following Customer having given 1-eSIM notice of the issue. Customer agrees to cooperate with 1-eSIM efforts to resolve such issues and acknowledges that 1-eSIM shall have no obligation to issue any refund if Customer fails or refuses to do so. For purposes of clarity, each data package provided by 1-eSIM has its own validity period and no refund will be offered for the remaining data when such validity period expires.
Notwithstanding the foregoing, the following terms shall apply:
• Compensation: No refund or remuneration of any kind will be issued due to charges from alternate phones, alternate SIM cards, alternate providers, or other charges that are not directly linked to the Customer's 1-eSIM eSIM account.
• Fraudulent purchases: 1-eSIM reserves the right to refuse any form of refund if there is evidence of abuse, violation of 1-eSIM Terms and Conditions, or any fraudulent activity connected with using 1-eSIM products and services.
• Unauthorized purchases: Customer shall notify 1-eSIM immediately of any suspected unauthorized purchases. The case will be subject to investigation and approval by 1-eSIM before processing any refund. 1-eSIM reserves the right to suspend any account associated with fraudulent activity.
• Accidental purchases: Once Customer installs the eSIM, it will be considered used. No refunds will be offered after installation other than as expressly set forth in this section.
• Incorrect charges: If the Customer reasonably and in good faith disputes a charge, the Customer shall notify 1-eSIM of such dispute within twelve (12) days of having incurred such charge, providing details of why the invoiced amount is incorrect and, if possible, how much the Customer considers due.
• Other Reasons: If the refund request is not within the above categories, we will investigate the request on a case-by-case basis. If the refund is approved, a processing fee may apply. The maximum refund of credit a Customer can apply for must be equal to or less than the total amount they paid.
To request a refund, contact the 1-eSIM support team via support bot. Please be aware that 1-eSIM refund policy above will apply.
Depending on the nature of the issue, Customers will be asked for further information to support their refund request, such as screenshots of the device settings for technical issues or details of why the invoiced amount is incorrect and, if possible, how much the Customer considers is due. Once a refund is approved and issued, it can take up to thirty (30) business days to appear on a statement, depending on the bank.
End Customers who have purchased 1-eSIMservices through a reseller are not eligible for direct refunds from 1-eSIM. These users should approach the 1-eSIM Business Users for refund requests. 1-eSIM is committed to customer satisfaction but must defer to the policies of our reseller partners for transactions made outside our direct sales channels.
1-eSIM Business Users refunds for transactions made directly with 1-eSIM can be processed as credit notes. This provides a flexible alternative for managing refunds, allowing customers to apply these notes towards future purchases or services on the 1-eSIM platform.
7. eSIM RECYCLING PROCESS AND ACTIVATION
1-eSIM implements an eSIM recycling process to ensure optimal service delivery. Upon eSIM purchase, customers are required to activate the eSIM within a specified time frame, as indicated in the activation guidelines provided during the purchase process. It is the user's responsibility to activate the purchased eSIM within the designated time frame. Failing to activate the eSIM within this period may lead to its expiration, rendering the eSIM unusable.
Once expired, the eSIM cannot be reactivated, and the user will need to initiate a new purchase if they wish to obtain a functioning eSIM. Users are advised to review and adhere to the provided activation guidelines to ensure a seamless eSIM activation process.
8. PRICES AND PROMOTIONS
Prices refer to the cost at which 1-eSIMoffers its eSIM packages and associated services to Customers. 1-eSIM may offer promotional prices for its eSIM packages for a limited time. These promotions are subject to specific terms and conditions. The duration of the promotion, eligibility criteria, and any associated conditions will be clearly communicated during the promotional period. After the promotion concludes, regular prices will apply unless otherwise stated. 1-eSIM reserves the right to modify or terminate any promotional prices, including the associated terms and conditions, at its sole discretion, without prior notice.
The following provisions apply to pricing and promotions:
• Prices may vary between End Users and Business Users, reflecting the tailored services and volume-based offerings that might be available to different categories of users.
• Prices are subject to change without prior notice. 1-eSIM continuously reviews its pricing strategy to align with market dynamics, ensuring that we provide quality services at competitive rates.
• 1-eSIM reserves the right to adjust prices based on a variety of factors, including but not limited to market conditions, exchange rates, and operational costs. Such adjustments are made to ensure the sustainability of the services offered and to reflect the cost of delivering high-quality connectivity solutions to our users.
• 1-eSIM commits to making every effort to inform Customers of any significant changes to pricing in a timely manner, allowing users to make informed decisions regarding their purchases. However, due to the dynamic nature of the factors influencing pricing, immediate notification may not always be possible.
For End Users: Prices listed on our website are specifically applicable to End Users. We encourage End Users to frequently visit our website for the most current information on prices and promotions.
For Business Users: Business Users should refer to the designated platforms and products built for them to find pricing information relevant to their specific needs. This approach ensures that Business Users receive tailored information and pricing strategies that best suit the operational demands and scale of businesses. For further details or inquiries, Business Users are encouraged to contact our support team directly.
10. LOCAL REGULATORY COMPLIANCE
When using 1-eSIM services in any country, you agree to comply with all applicable local laws and regulations, including but not limited to requirements related to the registration of mobile devices and the use of telecommunications services. 1-eSIM may, where required by local law, undertake necessary actions on your behalf to ensure compliance with such regulations.
By accepting these Terms and Conditions, you consent to 1-eSIM's use of your personal data for these purposes in accordance with applicable local data protection laws.
11. REPRESENTATIONS AND WARRANTIE
Customer represents and warrants that:
(i) Customer is 18 years of age or older or are at least of the legally required age in the jurisdiction in which Customer resides, and are otherwise capable of entering into binding contracts, and
(ii) Customer has the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that Customer will so abide. Where Customer enters into this Agreement on behalf of a company or other organization, Customer represents and warrant that Customer has authority to act on behalf of that entity and to bind that entity to this Agreement.
Customer further represents and warrants that
(i) Customer has read, understands, and agrees to be bound by these Terms of Service and the Privacy Policy in order to access and use the Services, and
(ii) when using or accessing the Services, Customer will act in accordance with any applicable local, state, or federal law or custom and in good faith.
Customer agrees not to engage in any of the following prohibited activities, among others:
(i) copying, distributing, or disclosing any part of the Services in any medium other than as allowed by the Services and these Terms of Service;
(ii) using any automated system (other than any functionalities of the Services), including without limitation "robots," "spiders," "offline readers," etc., to access the Services;
(iii) transmitting spam, chain letters, or other unsolicited email or attempting to phish, pharm, pretext, spider, crawl, or scrape;
(iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;
(v) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(vi) conducting any unlawful purposes or soliciting others to perform or participate in any unlawful acts;
(vii) uploading invalid data, viruses, worms, or other software agents through the Services;
(viii) infringing upon or violate 1-eSIM intellectual property rights or the intellectual property rights of others;
(ix) impersonating another person or otherwise misrepresenting Customer's affiliation with a person or entity, conducting fraud, hiding or attempting to hide Customer's identity
; (x) harassing, insulting, harming, abusing, defaming, abusing, harassing, stalking, threatening, intimidating or otherwise violating the legal rights (such as of privacy and publicity) of any other users or visitors of the Services or staff member of 1-eSIM;
(xi) interfering with or any activity that threatens the performance, security or proper functioning of the Services; (xii) uploading or transmitting viruses or any other type of malicious code;
(xiii) attempting to decipher, decompile, disassemble or reverse engineer any of the software or algorithms used to provide the Services;
(xiv) bypassing the security features or measures 1-eSIM may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
(xv) attempting to access unauthorized Accounts or to collect or track the personal information of others;
(xvi) using the Services for any purpose or in any manner that infringes the rights of any third party; or
(xvii) encouraging or enabling any other individual to do any of the foregoing.
Customer hereby warrants and represents that, other than as fully and promptly disclosed to 1-eSIM as set forth below, Customer does not have any motivation, status, or interest which 1-eSIM may reasonably wish to know about in connection with the Services, including without limitation, if Customer is using or will or intend to use the Services for any journalistic, investigative, or unlawful purpose. Customer hereby warrants and represents that Customer will promptly disclose to 1-eSIM in writing any such motivation, status or interest, whether existing prior to registration or as arises during Customer's use of the Services.
The Web App may
(i) cause Customer's device to automatically communicate with 1-eSIM servers to deliver the App functionality and to record usage metrics,
ii) affect App-related preferences or data stored on Customer's device, and
(iii) collect personal information, including location information.
12. TERMINATION AND SUSPENSION
Unless otherwise agreed to in writing between Customer and 1-eSIM, either party may terminate these Terms of Service for any or no cause, at any time. Customer may cancel and delete their account at any time by either using the features on the Services to do so (if applicable and available) or by written notice to our support. After cancellation, Customer will no longer have access to its account, profile or any other information through the Services. The provisions of these Terms of Service which by their intent or meaning intended to survive such termination, including without limitation the provisions relating to disclaimer of warranties, limitations of liability, and indemnification, shall survive the any termination of these Terms of Service and any termination of Customer's use of or subscription to the Services and shall continue to apply indefinitely.
We reserve the right to refuse the Services to anyone for any reason at any time. 1-eSIM may terminate or limit Customer's right to use the Services in the event that we are investigating or believe that Customer has breached any provision of this Agreement, by providing Customer with written or email notice. Such termination or limitation will be effective immediately upon delivery of such notice. If 1-eSIM terminates or limits Customer's right to use the Services pursuant to this section, Customer is prohibited from registering and creating a new account under its name, a fake or borrowed name, or the name of any third party, even if Customer may be acting on behalf of the third party.
Even after Customer's right to use the Services is terminated or limited, this Agreement will remain enforceable against Customer. 1-eSIM reserves the right to take appropriate legal action, including but not limited to pursuing arbitration in accordance with Section 18 of these Terms of Service.
1-eSIM reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Services at its sole discretion. 1-eSIM is not liable to Customer for any modification or discontinuance of all or any portion of the Services. 1-eSIM has the right to restrict anyone from completing registration as a user 1-eSIM believes such person may threaten the safety and integrity of the Services, or if, in 1-eSIM discretion, such restriction is necessary to address any other reasonable business concern.
Following the termination or cancellation of Customer's account, we reserve the right to delete all Customer's data in the normal course of operation. Customer's data cannot be recovered once Customer's account is terminated or canceled.
13. INTELLECTUAL PROPERTY RIGHTS
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces and other content (collectively "Proprietary Material") that users see or read through the Services is owned by 1-eSIM. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. 1-eSIM owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary
Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws governing copyright, patents, and other proprietary rights. Customer may not copy, download, use, redesign, reconfigure, or retransmit anything from the Services without 1-eSIM express prior written consent.
Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of 1-eSIM.
The service marks and trademarks of 1-eSIM, including without limitation 1-eSIM and 1-eSIM logos, are service marks owned by 1-eSIM. Any other trademarks, service marks, logos and/or trade names appearing via the Services are the property of their respective owners. Customer may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
Subject to the terms and conditions hereof, Customer is hereby granted a limited, nonexclusive, nontransferable, freely revocable, license to access and use the Services. 1-eSIM may terminate this license at any time for any reason or no reason. The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, reports generated by the Services, and copyrights (the "1-eSIM Content"), and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of 1-eSIM or, as applicable, its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and Customer agrees not to sell, license, rent, modify, publicly distribute, publicly transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the 1-eSIM Content or materials on the Services for any purpose not expressly permitted by this Agreement is strictly prohibited. For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
14. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
1-eSIM respects the intellectual property of others and expects users to do the same. If Customer believes, in good faith, that any materials provided on or in connection with the Services infringe upon Customer's copyright or other intellectual property right, please send the following information to 1-eSIM's Copyright Agent at info@1-esim.com:
• A description of the copyrighted work that Customer claims has been infringed, including the URL (Internet address) or other specific location on the Services where the material Customer claims is infringed is located. Include enough information to allow 1-eSIM to locate the material, and explain why Customer thinks an infringement has taken place;
• A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
• Customer's address, telephone number, and e-mail address;
• A statement by Customer that they have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by Customer, made under penalty of perjury, that the information in your notice is accurate, and that Customer is the copyright owner or authorized to act on the copyright owner's behalf; and
• An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest
15. CONFIDENTIAL INFORMATION
Customer acknowledges that Confidential Information (as defined below) is a valuable, special, and unique asset of 1-eSIM and agrees that they will not disclose, transfer, use (or seek to induce others to disclose, transfer, or use) any Confidential Information for any purpose other than using the Services in accordance with these Terms of Service. If relevant, Customer may disclose the Confidential Information to Customer's authorized employees and agents, provided that they are also bound to maintain the confidentiality of Confidential Information. Customer shall promptly notify 1-eSIM in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. Customer shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer, or use. Customer shall return all originals and any copies of any and all materials containing Confidential Information to 1-eSIM upon termination of this Agreement for any reason whatsoever.
The term "Confidential Information" shall mean any and all of 1-eSIM's trade secrets, confidential and proprietary information, and all other information and data of 1-eSIM that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary and confidential information relating to 1-eSIM or 1-eSIM's business, operations, or properties, including information about 1-eSIM's staff, users, or partners, or other business information disclosed directly or indirectly in writing, orally, or by drawings or observation.
16. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 1-eSIM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICES OR THE CONTENT OF ANY SITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM CUSTOMER'S ACCESS TO AND USE OF THE SERVICES, (III) ANY ACCESS TO OR USE OF 1-eSIM'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND 1-eSIM'S REASONABLE CONTRO
Under no circumstances will 1-eSIM and affiliates or their corporate partners be liable for any direct, indirect, incidental, actual, consequential, economic, special, or exemplary damages (including but not limited to lost profits, loss of data, loss of goodwill, service
Interruption, computer damage, system failure, failure to store any information or other content maintained or transmitted by 1-esim, or the cost of substitute products or services) arising in connection with customer's use of or inability to use the services, even if advised of the possibility of the same. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to customer in their entirety.
If, notwithstanding the foregoing exclusions, it is determined that 1-esim and affiliates or their corporate partners are liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the lower of (I) the total fees paid by customer to 1-esim during the six months prior to the time such claim arose or (ii) one hundred dollars ($100), to the extent permitted by applicable law.
17. INDEMNIFICATION
Customer hereby agrees to indemnify, defend, and hold harmless 1-eSIM and its officers, directors, employees, agents, attorneys, insurers, successors and assigns (the "Indemnified Parties") from and against any and all Liabilities incurred in connection with
(i) Customer's use or inability to use the Services, or
(ii) Customer's breach or violation of this Agreement; (
iii) Customer's violation of any law, or the rights of any user or third party and
(iv) any content submitted by Customer or using Customer's account to the Services, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. Customer also agrees to indemnify the Indemnified Parties for any Liabilities resulting from Customer's use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action
Customer takes that imposes an unreasonable burden or load on 1-eSIM's infrastructure. 1-eSIM reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to Customer's indemnification. Customer will not, in any event, settle any claim or matter without the prior written consent of 1-eSIM.
18. DISPUTE RESOLUTION – ARBITRATION & CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS CUSTOMER'S LEGAL RIGHTS AND GOVERNS HOW CUSTOMER AND 1-eSIM CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE CUSTOMER AND 1-eSIM TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.
Customer agrees that, in the event any dispute or claim arises out of or relating to Customer's use of the Services, Customer will contact 1-eSIM at info@1-esim.com and Customer and 1-eSIM will attempt in good faith to negotiate a written resolution of the matter directly. Customer agrees that if the matter remains unresolved for 30 days after notification (via certified mail or personal delivery), such matter will be deemed a "Dispute" as defined below. Except for the right to seek injunctive or other equitable relief described under the "Binding Arbitration" section below, should Customer file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then Customer agrees that they will not be entitled to recover attorneys' fees, even if Customer may have been entitled to them otherwise.
Binding Arbitration. Customer and 1-eSIM agree that any dispute, claim or controversy arising out of or relating to this Agreement or to Customer's use of the Services (collectively "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that Customer and 1-eSIM both agree to waive the right to a trial by jury. Notwithstanding the foregoing, Customer may bring a claim against 1-eSIM in "small claims" court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non-class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.
Class Action Waiver. Customer and 1-eSIM agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that Customer and 1-eSIM both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless Customer and 1-eSIM agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person's claims and may not preside over any form of class action proceeding.
19. GOVERNING LAW
This Agreement and Customer's use of the Services will be governed by, and will be construed under, the laws of the State of Israel, without regard to choice of law principles. This choice of law provision is only intended to specify the use of Israeli law to interpret this Agreement.
20. NO AGENCY; NO EMPLOYMENT
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
21. GENERAL PROVISIONS
The original English version of these Terms may have been translated into other languages. The translated version of these Terms is a courtesy and office translation only and the Participants cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions of these Terms or in the event of a conflict, ambiguity, inconsistency or discrepancy between the English version and any other language version of these Terms, the English language version shall apply and prevail and be conclusive and binding. The English version shall be used in legal proceedings. If any provision of these Terms is or becomes invalid, unenforceable or non-binding, Customer shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and each participant will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms.
This Agreement may not be assigned or transferred by Customer without 1-eSIM's prior written approval. 1-eSIM may assign or transfer this Agreement without Customer's consent, including but not limited to assignments:
(1) to a parent or subsidiary,
(2) to an acquirer of assets, or
(3) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement will inure to the benefit of 1-eSIM, its successors and assigns.
22. CHANGES TO THIS AGREEMENT AND THE SERVICES
1-eSIM reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including these Terms of Service and Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Services or any content or information through the Services at any time, effective with or without prior notice and without any liability to Customer. 1-eSIM will endeavor to notify Customer of material changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to Customer or cause Customer to no longer be in compliance with this Agreement, Customer must terminate, and immediately stop using, the Services. Customer's continued use of the Services following any revision to this Agreement constitutes Customer's complete and irrevocable acceptance of any and all such changes. 1-eSIM may also impose limits on certain features or restrict Customer's access to part or all of the Services without notice or liability.
23. NO RIGHTS OF THIRD PARTIES
None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement.
24. NOTICES AND CONSENT TO RECEIVE NOTICES ELECTRONICALLY
Customer consents to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which this Agreement refers electronically, including without limitation by e-mail or by posting Notices on this Site. Customer agrees that all Notices that 1-eSIM provides to Customer electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight delivery service.
25. ENTIRE AGREEMENT
These Terms & Conditions, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between Customer and 1-eSIM concerning the Services. These Terms & Conditions supersede all prior or contemporaneous communications, agreements, proposals, and representations, whether electronic, oral, or written, between Customer and 1-eSIM regarding the Services. No modification, amendment, or waiver of any provision of these Terms & Conditions shall be effective unless in writing and signed by the party against whom the modification, amendment, or waiver is to be asserted. Any failure to enforce any provision of these Terms & Conditions shall not constitute a waiver thereof or of any other provision.
26. CONTACTING US
If Customer has any questions about these Terms of Service or about the Services, please contact us by email at info@1-esim.com or by mail to Bar Kohva 16, Bnei Brak, Israel.