Terms and Conditions

1. Definitions

2. Acceptance of Terms

By downloading, installing, or using the eSimphony mobile application or any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy.

These terms constitute a legally binding agreement between you and eSimphony. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these terms.

3. Service Description

3.1 eSIM Services

eSimphony provides digital eSIM profiles that enable mobile data connectivity in various countries and regions. Our Services include:

• Digital eSIM profile downloads and activation
• Prepaid data plans for international and domestic use
• Mobile application for plan management
• Customer support and technical assistance
• Real-time usage monitoring and notifications

3.2 Service Availability

Service availability depends on:

• Compatible device with eSIM capability
• Network coverage in your location
• Partnership agreements with local carriers
• Regulatory compliance in applicable jurisdictions

4. User Eligibility and Registration

4.1 Age Requirements

You must be at least 18 years old to use our Services. Users between 13-17 years old may use our Services only with parental consent and supervision.

4.2 Account Registration

To use our Services, you must create an account by providing:

• Valid email address
• Display name (optional)
• Device information for eSIM compatibility

Payment methods are processed securely through third-party processors and we do not store your payment details.

4.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access
• Ensuring your account information remains accurate and up-to-date

5. Device Compatibility and Requirements

5.1 Compatible Devices

Our Services require:

• eSIM-capable smartphone or tablet
• Unlocked device (not carrier-locked)
• Compatible operating system (iOS 12.1+ or Android 9+)
• Active internet connection for eSIM download

5.2 Device Limitations

Please note:

• Not all eSIM-compatible devices support all our features
• Some devices may have limitations on multiple eSIM profiles
• We cannot guarantee compatibility with all device models
• Device software updates may affect eSIM functionality

6. Payment Terms and Billing

6.1 Plan Purchases

• All plans are prepaid and must be purchased before use
• Prices are displayed in the currency of your selected region
• Payment is processed at the time of purchase
• Plans activate immediately upon successful payment

6.2 Payment Methods

We accept the following payment methods:

• Credit and debit cards (Visa, MasterCard, American Express)
• Apple Pay and Google Pay
• Other digital payment methods as available

6.3 Refund Policy

• Data plans are generally non-refundable once activated
• Refunds may be considered for technical issues preventing service use
• Refund requests must be submitted within 7 days of purchase
• We reserve the right to evaluate refund requests case-by-case

6.4 Auto-Renewal

Some plans may offer auto-renewal options:

• Auto-renewal must be explicitly opted into by the user
• Users will be notified before renewal charges
• Auto-renewal can be disabled at any time through your account
• Charges will be processed using your saved payment method

7. Service Usage and Limitations

7.1 Fair Use Policy

Our Services are subject to fair use policies:

• Plans are intended for personal use only
• Commercial or business use may require separate agreements
• Excessive usage may result in speed throttling
• Prohibited activities include illegal content, spam, or network abuse

7.2 Data Limitations

• Each plan includes a specific data allowance
• Speed may be reduced after reaching plan limits
• Unused data does not roll over to subsequent periods
• Additional data may be purchased as available

7.3 Network Coverage

• Coverage depends on our partner network operators
• Service quality may vary by location and network conditions
• We do not guarantee continuous or uninterrupted service
• Coverage maps are estimates and may not reflect actual performance

8. Prohibited Uses

You agree not to use our Services for:

• Any unlawful or prohibited activities
• Transmitting harmful, offensive, or illegal content
• Attempting to gain unauthorized access to our systems
• Interfering with or disrupting our Services
• Violating intellectual property rights
• Engaging in fraudulent or deceptive practices
• Reselling or redistributing our Services without authorization
• Using our Services to send spam or unsolicited communications

9. Intellectual Property Rights

9.1 Our Rights

eSimphony retains all rights, title, and interest in:

• The eSimphony mobile application and platform
• Our trademarks, service marks, and logos
• All content, software, and technology used in our Services
• Any improvements or modifications to our Services

9.2 Limited License

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

• Download and use our mobile application
• Access and use our Services for personal purposes
• Use eSIM profiles in accordance with these terms

10. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, describes how we collect, use, and protect your information. By using our Services, you consent to our privacy practices as described in our Privacy Policy.

Key privacy principles:

• We collect only necessary information to provide our Services
• Your data is encrypted and securely stored
• We do not sell your personal information to third parties
• You have control over your data and privacy settings

11. Service Availability and Maintenance

11.1 Service Availability

• We strive to provide continuous service availability
• Planned maintenance will be announced in advance when possible
• Emergency maintenance may occur without prior notice
• Service interruptions may occur due to technical issues or network problems

11.2 Service Updates

• We may update our Services to improve functionality and security
• App updates may be required to continue using our Services
• New features may be added or existing features may be modified
• We will provide reasonable notice of significant changes

12. Limitation of Liability

12.1 Service Limitations

eSimphony provides Services on an "as is" and "as available" basis. We disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

12.2 Liability Limits

To the maximum extent permitted by law:

• Our total liability shall not exceed the amount you paid for Services in the 12 months preceding the claim
• We are not liable for indirect, incidental, or consequential damages
• We are not responsible for damages caused by third-party networks or services
• Force majeure events are excluded from our liability

12.3 Third-Party Services

We are not responsible for:

• Third-party network operator performance or availability
• Device compatibility issues beyond our control
• Government regulations affecting service availability
• Acts of nature or other unforeseeable events

13. Indemnification

You agree to indemnify, defend, and hold harmless eSimphony and its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of our Services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you transmit through our Services

14. Termination

14.1 Termination by You

• You may terminate your account at any time through the app settings
• Termination does not entitle you to refunds for unused services
• Active eSIM profiles will remain functional until their expiration
• You remain responsible for any outstanding charges

14.2 Termination by Us

We may terminate or suspend your account if:

• You violate these Terms and Conditions
• You engage in fraudulent or illegal activities
• Your account remains inactive for an extended period
• We discontinue our Services (with reasonable notice)

14.3 Effect of Termination

• Your right to use our Services will cease immediately
• We may delete your account and associated data
• Provisions regarding liability, indemnification, and dispute resolution survive termination
• You may request a copy of your data before account deletion

15. Dispute Resolution

15.1 Informal Resolution

Before initiating formal proceedings, we encourage you to contact us directly to resolve any disputes. Many issues can be resolved quickly through our customer support team.

15.2 Binding Arbitration

Any disputes arising under these Terms shall be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if they qualify. Arbitration will be conducted under the rules of the American Arbitration Association.

15.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be limited to the dispute between you and eSimphony individually. You waive any right to participate in class action lawsuits or class-wide arbitrations.

16. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles. Any legal proceedings shall be conducted in the courts of San Francisco County, California.

17. Changes to Terms

We may modify these Terms and Conditions from time to time. When we make changes:

• We will notify you through the app, email, or website
• The updated terms will be posted with a new effective date
• Continued use of our Services constitutes acceptance of the updated terms
• If you do not agree to the changes, you should discontinue using our Services

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

19. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and eSimphony regarding your use of our Services. These terms supersede any prior agreements or understandings between us.