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Terms of use

Terms of Use

Last update: 04/02/2020



These Terms of Use ("Terms") and the Privacy Policy (collectively, "Agreement") govern your relationship with UAB Appvillis, a company with registration number 304930580 and its legal address: Šiaulių g. 10-56, Vilnius, 01134, Lithiania ("eSIM+", "we" or "us") as regards the Services provided by eSIM+.

We recommend that you carefully read the Agreement since its terms are binding for you.


While eSIM+ is trying to ensure world-wide coverage, our Services are not yet available on the territory of all the countries.

Please check the updated list of the supported countries as provided in the eSIM+ Application before ordering any Services.

Moreover, you should ensure that your device supports eSIM technology. In case you have any doubts regarding the capabilities of your device, we recommend that you contact its seller and ask for needed clarifications.



Definitions:
"Account" means a customer's profile within eSIM+ Application.
"Account Holder" (or "Customer", or "you") is a person who has registered an account within eSIM+ Application.
"Data Plan" means a certain scope of eSIM+ Services available for the Account Holder for the defined period of time on conditions prescribed in the eSIM+ Application.
"eSIM+ Application" or "eSIM+ App" means the proprietary software application offered by eSIM+ under the name "eSIM+ Internet Worldwide";
"eSIM" means a subscriber identification module ("SIM") embedded in your device with which you can use eSIM+ Services;
"Participating Member Operator" means each of the mobile network operators that are eSIM+ partners and in whose networks the Account Holder may use the internet access Services of eSIM+;
"Service(s)" or "eSIM+ Service(s)" means internet access Services offered within eSIM+ data plan(s) or/and any other Services offered by eSIM+ in the eSIM+ Application;
"Top-Up" means the purchase of extra Services in addition to the Services that already were or still are available for the Account Holder.



General Conditions:
These Terms govern the use of eSIM+ Application, as well as eSIM+ Services provision.

eSIM+ Services may only be provided to persons who are 18 years old or older and only on the territory of the countries listed in the eSIM+ Application. Moreover, the Account Holder must have the eSIM embedded in their device to be able to benefit from eSIM+ Services.

The Account Holder is responsible for ensuring that they are located in one of the supported countries and that their device has the eSIM embedded in it, so the Account Holder is able to use eSIM+ Services.

A person wishing to register an Account, so to become an Account Holder, must provide their email address and other required details as stipulated in the eSIM+ Application. A confirmation letter will be sent to the email address provided by Account Holder after the completion of the Account registration. The Account Holder must confirm its email address by fulfilling steps described in the mentioned confirmation letter.

Accounts with unconfirmed email addresses will be deleted in 30 days of the day when such Account was registered.

If the Account Holder has not been using eSIM+ Services or eSIM+ Application for any continuous period of one hundred eighty (180) days, eSIM+ reserves the right to invalidate such Account and terminate the Services provision to the respective Account Holder without a prior notice and any refund, repayment or compensation.

eSIM+ provides its Services to the Account Holder only after the pre-payment is performed according to the conditions of the selected Data Plan or Top-Up option as prescribed in the eSIM+ Application.

The Services ordered and paid by the Account Holder are non-transferable.

The internet access services are the primary Services provided by eSIM+, while some other Services may be available in the eSIM+ Application.

Please pay attention to the fact that eSIM+ does not provide for a possibility to make direct voice calls send messages within Short Message Service (SMS) or Multimedia Messaging Service (MMS). Moreover, our Services should not be used to make emergency calls.

In order to use eSIM+ Services, you should set an Access Point Name (APN). For device configuration, please read our FAQ.

Data plan, Top-Ups and Payments:

In order to use Services, the Account Holder should choose the desired Data Plan and/or Top-Up option and pay for them.

The information on all available Data Plans and Top-Up options, as well as their conditions, are provided for in the eSIM+ Application.

At any moment, the Account Holder at their discretion may choose to change the selected Data Plan and/or Top-Up option. The conditions on which the Account Holder may change the Data Plan and/or Top-Up option are defined by eSIM+ in the eSIM+ Application.

eSIM+ Services are provided only on a pre-payment basis.

The scope of Services included in the Data Plan or Top-Up option are described in the eSIM+ App. These Services will be available for the Account Holder for a specified period such as a week, two weeks or a month as prescribed in the eSIM+ App.

Some Services offered within eSIM+ Application may be provided on a subscription basis meaning that the available scope of Service will be automatically renewed, and the respective payment carried out unless the Account Holder decides to cancel such subscription. Services provided on a subscription basis are defined in the eSIM+ App.

When the Account Holder decides to use Services on a subscription basis, this Account Holder, by making the first payment for such Services, consents and authorizes eSIM+ to automatically debit their credit card (or another authorized payment method) used for such first payment in order to carry out future payments according to the conditions specified in the eSIM+ Application.

The Account Holder is always entitled to change the payment method by configuring settings in the eSIM+ Application.

The default transaction currency for the eSIM+ Services shall be Euro. The Account Holder may be able to perform the payment in another currency if such an option is displayed in the eSIM+ Application.

The Account Holder pays for the eSIM+ Services through the intermediary service such as Apple Pay. Available payment options are displayed in the eSIM+ Application.


We recommend that you carefully read the terms of service provision of the selected financial intermediary, as well as its privacy practices. Please pay attention to the fact that your relations with such financial intermediary are governed by a separate agreement.



Returns policy and Cancellation:

You have a right to cancel the Services ordered within a Data Plan or Top-up option during the withdrawal period of 14 days without giving any reason unless such Services have been already fully performed by eSIM+ or they concern the provision of some digital content that has been already provided to you.

The withdrawal period will expire after 14 days from the day when you performed the payment for a Data Plan or Top-up option for the first time.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

By paying for the Services, you agree and acknowledge that eSIM+ provides you with access to such Services without undue delay.

The provision of Services begins only when you expressly request so.

By starting using such Services, e.g. by starting using your access to the Internet, you give your express consent to eSIM+ to begin the performance. Moreover, you acknowledge that you will lose your right of withdrawal once the requested Services have been fully performed by eSIM+.

If you exercise your right of withdrawal, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of Services during the withdrawal period, you shall pay eSIM+ an amount which is in proportion to what has been provided until you have communicated your withdrawal, in comparison with the full coverage of the ordered Services.

To exercise the right of withdrawal, you must inform us of your decision by an unequivocal statement (e.g. a letter sent by post or email or means of communication available within eSIM+ Application). You may use our model withdrawal form, but it is not obligatory.

If you want to cancel your Data Plan or Top-Up option after the withdrawal period ends, you must provide eSIM+ with a 14-day prior notice sent via email or means of communication available within eSIM+ Application. No reimbursements are made in such case, and the cancellation takes effect after the end of the pre-paid period calculated according to the conditions of the respective Data Plan or Top-Up option.

Our contact details are provided below.



No Warranties:

All 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 Services provided by eSIM+ and eSIM+ Application 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, 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 Account Holder agrees that eSIM+ shall not be liable for any claims or damages arising from or related to the use of eSIM+ Services or eSIM+ Application in high-risk activities or similar applications.

Limitations of Liability:

In no event shall eSIM+ be liable:

  • to Customer for any incidental, consequential, special, punitive, exemplary or indirect damages, or for any lost profits, even if advised of the possibility of such, 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 the 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+ App or Services, including the inability to make emergency service calls.
eSIM+'s total aggregate liability for any other damages asserted by Customer shall be limited to the Customer's actual damages caused by any eSIM+ Service purchased, licensed, or used under this Agreement.

In no event, eSIM+'s total aggregate liability shall exceed the amounts paid to eSIM+ by Customer for any Services during three months preceding the date of the Customer's claim.

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 Services 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.

The above-mentioned limitations apply to the extent allowed by the law.

Changes to the Agreement:

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 new requirements or regulations on telecommunication services.

The Account Holder acknowledges that if the new requirements or regulations are imposed upon eSIM+, then eSIM+ should be authorized to make changes to the Agreement accordingly.

eSIM+ also reserves the right to review and amend the Agreement from time to time at its own discretion.

The updated version of the Agreement will be posted on the eSIM+ corporate website: https://www.esimplus.me/

eSIM+ will notify the Account Holder on such changes to the Agreement by posting respective information within the eSIM+ Application. eSIM+ may also send notifications on updates to the Agreement at the email addresses provided during the registration.

Consent of the Account Holder:

By accessing eSIM+ Application, opening an Account or buying our Services, you agree to be bound by the Agreement.

If you don't agree to be bound, please do not use the eSIM+ Application or Services.

The Account Holder may request the deletion of their account at any time by submitting a request to [email protected]

Termination by eSIM+:

eSIM+ shall be entitled to terminate Services or the Agreement if:

  • The Account Holder abuses eSIM+ Services or eSIM+ App 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;
  • eSIM+ deems it in the best interests of the public to terminate the eSIM+ Services sold;
  • or the Account Holder breaches any of the Account Holder's obligations under the Agreement.

Upon termination, eSIM+ shall have the right to disconnect the Account Holder's access to the Services and/or eSIM+ Application.

Force Majeure:

eSIM+ shall be excused from the 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;
  • shortage of, or inability to obtain, appropriate labour, fuel, power, or raw materials;
  • 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;
  • 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 eSIM+ Application and purchased Service by an Account Holder is expected to be fair data usage free of any fraud or violations of their obligations defined by this Agreement and applicable laws. Excessive volume or duration of data use, determined at eSIM+'s or Participating Member Operator'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 Dispute Resolution:
This Agreement shall be governed by the laws of Lithuania.

Any dispute, controversy, or claim arising out of, or in relation to the Agreement, including the validity, invalidity, breach, or termination thereof, shall be resolved by the competent court according to the laws of Lithuania.

Ownership:

The Account Holder agrees that all rights, title, and interest in and to all intellectual property rights, including, without limitation, patents, copyright, trademark, trade secrets and all other related proprietary rights in the eSIM+ Application are vested in eSIM+ and/or its licensors and affiliates and eSIM+ and/or its licensors, and affiliates are the sole and exclusive owners thereof.

Nothing in this 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+ Application belong to eSIM+. The purchase or use of any eSIM+ Services by the 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.

In particular, the Account Holder shall not copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the content of the eSIM+ Application, except as expressly authorized by eSIM+. Any use of the content, including its distribution, reproduction, modification, display or transmission without the prior written consent of eSIM+ is strictly prohibited.

The Account Holder is entitled to access eSIM+'s intellectual property and display it on their devices only to the extent necessary to use eSIM+'s Services provided through the eSIM+ Application.

For the use of eSIM+ Trademarks and Brand, please contact us and we will consider the possibility of providing you with permission. If we decide that permission should be granted, we will provide you with needed Trademarks and Brand materials as well as with Guidelines as to their use.


Privacy Policy:

eSIM+ is committed to providing the users of the eSIM+ App with a great experience but also protecting their privacy rights.

eSIM+ takes the matter of privacy seriously. Please refer to eSIM+'s Privacy Policy for further details.

Contact Details:
UAB Appvillis
Šiaulių g. 10-56, Vilnius, 01134, Lithiania
[email protected]