Terms & Conditions

1. VALIDITY OF GENERAL TERMS AND CONDITIONS

The following Terms and Conditions (hereinafter – the Terms) shall apply to all services rendered by Esimatic Limited, hereafter referred to as Esimatic, in connection with the prepaid eSIM selling.

Please read the Terms of Service carefully before you start using the Site. By using the Site or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms, which is incorporated herein by reference. You further acknowledge, you have read and understood our Privacy Policy. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to Customers who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 you are not permitted to use the Site or the Esimatic services. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

The original language of these Terms of Service, as well as all other texts throughout the Site, is English. The following Terms are provided on the website https://esimatic.com. Esimatic may accept variant clauses only in the case of an explicit written agreement.

DEFINITIONS

Esimatic – is a prepaid eSIM reseller under the Terms, represented by the Esimatic Ltd.- the provision of the eSIMs by the Esimatic through the Site under this Terms.

Site – internet website https://esimatic.com owned by Esimatic.

Customer – person or legal entity who can use Esimatic services.

Intellectual Property Rights – 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.

2. DESCRIPTION OF SERVICES

2.1. eSIM SELLING

Esimatic sells prepaid eSIMs. The Customer registers and buys its eSIM activation Code on the Site and/or Esimatic App. Esimatic payments are operated by ApplePay (https://www.apple.com/apple-pay/), GooglePay, (https://pay.google.com) PayPal (https://paypal.com) and Stripe (https://stripe.com) with an alias of your credit card (virtual Credit Card Imprint).

2.2. REGISTRATION FOR USING ESIMATIC SERVICES

The Customer must accept the Terms to use Esimatic services. The client gives directly or by the intermediary of the service provider (Hotel, Travel Agency…) on the web browser under https://www.esimatic.com the following information: First Name, Last Name, Email Address (billing Email Address).

2.3. ESIMATIC ENGAGEMENTS

Esimatic shall use reasonable endeavors to provide Customer quality service. However, Esimatic does not guarantee that the service will not be interrupted, provided on time, and be safe or fault-free.

2.4. CUSTOMER ENGAGEMENTS

In using Services provided by Esimatic, 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, Esimatic may suspend the Customer’s use of the Services. During any period of suspension, the Customer shall continue to pay all the charges under this Terms 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. By checking the box that confirms that the Customer’s device is eSIM compatible, the Customer is then held responsible for the accuracy of the information they provide. 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

The service contract between Esimatic and the Customer begins upon completing the order at the Site or via the Esimatic app.

The activation of the eSIM and acknowledgment of the Activation Policy is the Customer’s responsibility. The relations between the Customer and Esimatic will be terminated if the Customer does not have an active data package, or an active eSIM, or has deleted the eSIM from the target device.

4. CHARGES AND PAYMENT

4.1. PAYMENT CONDITIONS

The supported payment methods for Esimatic Services are Credit/Debit Card, PayPal, Google Pay, Apple Pay. The currency of payment is in US Dollars ($). The credit card transaction will be processed and secured by Esimatic providers PayPal (https://paypal.com) and Stripe (https://stripe.com).

4.2. CHARGES FOR USE

4.2.1. The actual chargers for the use of Esimatic services are stated on the Site and can be changed from time to time.

4.2.2. Esimatic states all charges are inclusive of VAT unless otherwise specified.

4.2.3. The Customer shall not be entitled to offset any of its claims against claims of Esimatic, except where the Customer’s claims are undisputed or have been confirmed by final court judgment.

5. DELIVERY

The Customer will immediately see the purchased eSIM in the mobile Esimatic 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 Esimatic account.

6. REFUND / CANCELLATION / MODIFICATION POLICY

The Customer has the right to ask for a refund or eSIM-replacement if the eSIM cannot be installed and used due to a technical problem from Esimatic. Any Plans which are not activated within twelve (12) months of purchase shall expire without any refund to you.

6.1 REFUNDS AND CANCELLATION

POLICIES AND GUIDELINES

6.1.1.1. A refund request can be made within thirty (30) days from the date of purchase when the activation is no longer possible following extensive collaborative troubleshooting.

6.1.1.2. Cooperation with the Customer to resolve the issue promptly is required for a refund to be granted

6.1.1.3. Each data package has its own validity period. No refund of any form will be offered for the remaining data when the validity period expires.

6.1.1.4. 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 Esimatic eSIM account. (See section 8. LIABILITY AND WARRANTY in our Terms)

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

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

6.1.1.7. Accidental purchases: Once Customers install the eSIM, it will be considered used. No refunds will be offered.

6.1.1.8. Restrictions on supporting phones: Esimatic does not guarantee the proper work of the eSIM which are installed on phones absent in the List of the Supporting phones. In such cases no refunds will be offered.

6.1.1.9. Compatibility: Customer agrees before buying an eSIM, that his device is eSIM compatible and network unlocked. No refund will be offered in cases when the eSIM does not work on the particular phone because of the technical issues on the part of the Customer.

6.1.1.10. Incorrect charges: If the Customer reasonably and in good faith disputes an invoice or part of it, the Customer shall notify Esimatic of such a dispute within twelve (12) days of receipt of the invoice, providing details of why the invoiced amount is incorrect and, if possible, how much the Customer considers due. (See details in section 4.2 CHARGES FOR USE under Terms and Conditions).

6.1.1.11. Other Reasons: If the refund request is not within the above, 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.

6.1.2. REFUND PROCESS

To request a refund, contact Esimatic’s support team via the Contact Us page or send a message to [email protected]. Please be aware that our 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, etc. Please refer to section 6.1.2 in this same document for refunds related to technical issues. Customers will have the option to credit back via their original payment method. Refund to the original method: 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.

6.2. MODIFICATION

The eSIM data packages from Esimatic are offered as-is, and no further modifications or customization can be made based on individual requests once purchased.

7. Limitations of Liability

To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall Esimatic be liable for any compensatory, punitive, special or consequential damages that result from 1) the use of this site or services offered by the site; 2) the inability to use this site or the services; 3) the misappropriation of materials; or 4) the loss of, or damage to, materials for any reason, even if Esimatic or a Esimatic authorized representative has been advised of the possibility of such damages. applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.

8. Indemnification

The Customer agrees to defend, indemnify and hold harmless Esimatic, its shareholders, business partners, directors, officers, employees, agents, or third-party sponsors, subsidiaries, affiliates, successors, and assignees, at your sole cost and expense, from all liabilities, claims, and expenses, including attorney’s fees, that arise from his use of the Site and from any services he receives on the Site. Esimatic reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Esimatic in asserting any available defense. You shall not settle any indemnified claim without Esimatic’s prior written consent.

9. Trademarks

All trademarks, service marks, logos and trade names on this Site, whether registered or unregistered, including but not limited to Esimatic, are proprietary to Esimatic or to other companies where so indicated. The Customer may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

10. Juristical Issues

This Site is controlled and operated by Esimatic from its offices within Europe. Esimatic makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited.

11. Entire Agreement; No Waiver; Severability

These Terms, including the Terms of the Privacy Policy, constitute the entire agreement between you and Esimatic regarding the use of the Site, superseding any prior agreements between you and Esimatic relating to your use of the Site. The failure of Esimatic to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

12. Governing Law

These Terms and the validity, construction, and performance thereof will be governed in all respects by the laws of Estonia. You irrevocably agree that any action proceeding arising from or relating to this Agreement may be brought only in the courts of Estonia; and, you consent, for yourself and in respect of your property, to the jurisdiction of each such court in any such action or proceeding, and waive any objection to proceeding in such venue, including that the forum is inconvenient.

13. Contact 

If you have any questions or complaints regarding these Terms, please submit your questions or complaints via an email to [email protected]