Terms of Service
These Terms of Service (the "Agreement") set forth the terms and
conditions that apply to use of the informational and technical exchange
services (the “Services”) provided by Just eSIM Limited (the “Company”) by
means of Telegram bot #justesimbot and connected software products (the
“Product). Any other terms indicated in the Product or in communication
directed from the Company to the Customers constitute an integral part of this
Agreement.
The Company is not a telecommunications operator, and all telecommunication
services in the Product are provided by telecommunication operators in each
country where the Product is being used.
General terms
The Services allow the Customer to connect and utilize internet access
services, provided by internet access providers (the “Providers”). Company is
an independent contractor, and not an employee, agent, joint venturer or
partner of the Providers nor is Company authorized to incur any obligations or
make any representations on behalf of the Providers, except those provided
herein. The Company acts as an intermediary service provider between the
Customer and the Providers on a certain territory. The Company does not
initiate the data transmission; does not select the receiver of the
transmission; and does not select or modify the information contained in the
transmission.
Internet access is conducted within the volume of purchased package and on the
territory chosen in the Product. For the purpose of this Agreement, a package
described in gigabytes includes an integral amount of megabytes of data
(1Gb=1000Mb).
Access to the Services is provided after payment and providing information
about the name and address of the Customer.
Depending on the type of Provider’s services, the Company may not be entitled
to terminate such services or accept any claims in respect of such services.
The Company is continuously developing and changing the Product, and therefore
its functions may be added, removed or modified at the Company’s discretion
without consent or notification from the Customers. The Customers are not
entitled to any compensation due to such changes of Product features or their
price.
Each Provider has observed registration obligations, as stated in its national
law, in a country where the Providers are offering the Services to the
Customers, and the Providers hold all licenses, certificates, permits and
approvals necessary for the conduct of their business and the performance of
its obligations towards the Customers during the term of this Agreement. The
Company makes no warranties in that respect.
The Customer’s payment for the Services confirms the Customer’s unconditional
acceptance and agreement to the terms and conditions set forth in this
Agreement. If the Customer does not agree to be bound by this Agreement, such
Customer cannot use the Services. The Company may modify or amend this
Agreement from time to time without any further notice which shall be
effective immediately upon posting in the Product.
THE CUSTOMER’S
CONTINUED USE OF THE CUSTOMER’S ACCOUNT AND/OR THE SERVICES FOLLOWING THE
POSTING OF ANY SUCH MODIFICATIONS OR AMENDMENTS WILL BE CONCLUSIVELY DEEMED TO
BE ACCEPTED BY THE CUSTOMER.
Returns
Fees paid for the Services may be returned in case of absence of connection of
eSIM to the network during 24 hours after Customer’s request to technical
support by email or in technical support chat. The given period shall be
suspended in case of absence of Customer’s reaction to the message of
technical support staff or failure to follow instructions of technical support
staff by the Customer. The given period shall be decreased to 12 hours in case
of absence of any reaction from technical support staff. In such cases the
Customer shall provide a notice to the Company via
[email protected]. Within 72 hours of
the notice the Company shall send a return confirmation. In case of Customer’s
confirmation by email the Company shall return the remaining balance and shall
block the eSIM.
If the Customer did not install eSIM to his or her device, the Customer may
request refund of the fees paid for the Services. In such case the Customer
shall provide a notice to the Company via
[email protected]. Within 72 hours of
the notice the Company shall send a return confirmation. In case of Customer’s
confirmation by email the Company shall return the remaining balance and shall
block the eSIM.
Claims on return of the paid amounts may be filed within 14 days after
payment. The Customer is entitled to refund only the payments made within the
previous 14 days.
All refunds are transferred to payment methods used for initial payment.
Additional request is required to change the payment details for refund.
1. Activation
1.1. A user of the Services (the “Customer”) may request provision and
activation of eSIM required for using the Services from the Company or from
the Company’s partners and resellers. The provision of the Services is subject
to terms indicated in (the Product) and subject to a fee.
1.2. The Customer may open an account available through the Product which
contains the Customer’s balance (the “Account”) by registering a SIM card and
providing necessary registration data.
1.3. The Customer acknowledges and agrees that the information provided to the
Company and any subsequent changes thereof shall be complete, correct and
true, and the Customer shall notify the Company of any change to such
information.
1.4. The Services may be suspended according to applicable law in case of
invalid identification data.
1.5. The Services shall not be provided to the Customers younger than 18 years
old.
2. License
2.1. The Company grants the Customer a personal, revocable, non-exclusive,
non-sublicensable, and non-transferable license to use the Product subject to
the terms of and for the duration of this Agreement.
2.2. The Company is not responsible for holding all licenses, certificates,
permits and approvals necessary for provision of the Services by the
Providers, and for validity of such of approvals in full force and effect.
3. Use of SIM-card
3.1. If the eSIM used by the Customer to access the Services is being used to
access the Customer’s Account or the Services without his or her permission,
the Customer is required to notify the Company immediately. The Customer is
responsible for all charges to the Customer’s Account until the Customer
notifies the Company of such circumstances.
3.2. The Customer agrees to pay for the Services charged to the Account. The
Company shall not be held responsible for fraudulent charges that result from
theft or fraudulent use of the Customer’s means of payment
(credit/debit/charge card, etc.). The Customer agrees and acknowledges that he
or she is wholly responsible for the safety and security of the device through
which the Customer receives the Services and the Customer agrees that the
Company is not liable for unauthorized use of the Services through the
Customer’s device. The Company shall not be responsible for any damage caused
to or losses incurred by the Customer in case a third party obtains an access
to the Customer’s Account information or other personal information.
3.3. The Company may suspend any transaction or current balance of the
Customer in the Account if the Customer’s activity is suspected with fraud or
unauthorized use.
4. Fair Use Policy (FUP)
4.1. This Fair Use Policy outlines the principles of reasonable usage of
internet access services facilitated through the Products of the Company and
is designed to ensure the optimal performance and reliability of such services
for all Customers. This policy applies to Products with Unlimited Plans. By
using the Products with Unlimited Plans, you agree to the following fair use
principles, which ensure optimal performance for all users.
4.2. The Fair Use Policy aims to ensure equitable access to internet access
services for all Customers, prevent network congestion caused by excessive or
unreasonable usage, promote a consistent and high-quality Customer experience.
4.3. Our Unlimited Plans are intended for personal, non-commercial use only.
To maintain network stability and protect against overloads the use of our
Products, including Unlimited Plans, are prohibited for:
-
bulk data transfer (including the organization of public Wi-Fi access points
for third parties)
-
constant torrenting or other P2P protocols for the purpose of mass
downloading or distribution of large volumes of data
-
any other forms of bulk data transfer, mass downloading or data
distribution.
Excessive usage that significantly deviates from the average consumption
patterns of other Customers on the same plan may be subject to review.
4.4. Just eSIM will notify Customers if their usage approaches or exceeds the
average consumption patterns of other Customers on the same plan, or violates
this policy. This will allow the Customer to change the individual usage
patterns or, if necessary, switch to another tariff plan.
4.5. While we strive to offer flexibility, usage deemed excessive or in
violation of this policy or Providers’ policies may trigger temporarily
reducing connection speed to a level that allows the Customer to continue
using the Internet for basic tasks (e.g. messaging, reading emails, accessing
information), in particular down to 128 kilobites/second until the end of the
current day (until 00 hours UTC). The next day after taking these actions, the
connection speed gets restored.
4.6. Regardless of the actions mentioned above, the Customer retains internet
access and Unlimited Plan of the Product.
4.7. Just eSIM strives to provide the highest possible level of quality and
availability of services, but is not liable for restrictions, limitations, or
service disruptions resulting from fair use measures, as well as for possible
indirect consequences for the Customer.
4.8. This Policy may be reviewed and changed by the Company from time to time.
The Customer will be notified about the changes via publication of the new
version at the web-site justesim.com.
5. Technical Support
5.1. The Customer may send any questions, concerns or complaints about the
Services to
[email protected] or via any other contact
indicated in the Product.
5.2. Improper performance of the Services or the Product may be reported to
the Company, and the Company shall provide reasonable efforts to fix such
malfunction as far as such malfunction is a result of errors contained in the
Services or the Product. Correction of malfunction may be provided in the form
of a temporary fix consisting of instructions for the Customer to implement
the correction of malfunction.
5.3. Company’s sole liability and Customer’s sole remedy for any failure of
the Company to provide technical support is (a) for the Company to use
commercially reasonable efforts to fix or resolve material malfunction, or (b)
for the Customer to terminate this Agreement.
5.4. The Company is not liable for and is not required to perform technical
support with respect to problems caused by third party products.
5.5. The foregoing technical support terms are exclusive and are in lieu of
all other warranties and guarantees whether written, oral, implied or
statutory. NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE SHALL APPLY. In no event shall the Company be liable for loss of
profits or revenues, loss of use of products or services, interruption of
business, cost of capital, or for any special, consequential or incidental
damages.
6. Payments
6.1. The rates and charges for the Services are indicated in the Product. The
rates may be increased by the amount of applicable value-added tax based on
the Customer country of residency and/or billing address, including (but not
limited to) if the Customer will use the Services in the territory where
provision of the Services is subject to value-added tax according to
applicable law. The Customer is responsible for checking the applicable rate
before using the Services. If the Services are offered free of charge, the
amount of Services provided in such manner may be limited.
6.2. The Customer may deposit funds on its Account using the payment methods
and currencies available with the Product. Payment service providers may apply
their own terms and fees for processing of deposit. THE CUSTOMER MAY TURN ON
AUTOMATIC DEBITING OF FUNDS FROM THE CUSTOMER’S CARD IN CASE IF THE CUSTOMER’S
BALANCE IS NOT ENOUGH TO CONTINUE USING THE SERVICES. THE CUSTOMER MAY TURN
OFF AUTOMATIC DEBITING IN THE PRODUCT SETTINGS ANY TIME. IT IS THE CUSTOMER’S
RESPONSIBILITY TO REVIEW SPENDINGS AND BILLING, AND TO CHECK IF AUTOMATIC
DEBITING IS TURNED ON.
6.3. In case if the Customer will have no registered network sessions by using
the Service for 360 days, the Customer’s balance will be debited this
Agreement will be terminated and the eSIM shall become invalid.
6.4. The rates for the Services may be changed from time to time without
providing advance notice and may be different depending on the availability of
the Services to different categories of Customers. Any and all alterations in
pricing policy and special promotions will be indicated in the Product. The
Company is entitled to limit the amount of provided free Services any time at
its own discretion without prior notice.
6.5. It is the Customer’s responsibility to notify the Company of any changes
to the Customer’s payment information, including the expiration date of any
credit or debit card used in the Account. If for any reason the Customer’s
balance becomes negative, the Customer hereby authorizes the Company to charge
the negative balance to any available payment means of the Customer without
any additional confirmation.
6.6. The Customer is responsible for reviewing the Customer’s billing
information. Failure to notify the Company of any disputed charges within
fourteen (14) days of the charge being posted to the Customer’s Account will
be deemed as full and complete acceptance of the charges. The Customer shall
compensate the Company all amounts paid by the Company as penalties and
commissions to payment service providers resulted from payment disputes
initiated after expiration of 14 days. If the Customer disputes the billing
amount the Customer shall provide material evidence of incorrect billing or
fraudulent transactions. If the Customer disputes the amounts indicated in the
billing data provided in the Account, the billing data available to the
Company shall be binding and final for the billing purposes.
7. Termination
7.1. The Customer may discontinue using the Services at any time by notifying
the Company by any available means. In such case the Company will deactivate
the Customer’s Account with keeping the reactivation ability. In all cases the
Customer will remain responsible for payment of all charges for the Services
rendered up to the date of termination.
7.2. The Company may suspend provision of the Services to the Customer any
time at its sole discretion and terminate this Agreement.
7.3. In case of termination the Company shall refund the amounts paid within
the last 14 days on the Customer’s balance to the payment means used for
payment within 60 days after termination. In case of unavailability of the
initial payment means the Company will make commercially reasonable efforts to
request the new payment means for refund. In case if the Company's
expenses related to refund will exceed the amount of refund, the Company shall
be entitled to reject the refund and offer to use the amount of refund in the
Customer's account or to transfer the amount of refund to the account of
another Customer.
7.4. The amounts on the Customer’s balance obtained as a result of any
promotional offers or otherwise without making the actual payment by the
Customer are not subject to refund under any circumstances. In the course of
refund the amount of the balance is deducted with the amounts credited as a
result of any promotional offers or otherwise without making the actual
payment by the Customer.
8. Unlawful Use
8.1. The Customer will not use the Services for any unlawful, abusive or
fraudulent purpose, including, but not limited to, for using the Services in a
way that (a) interferes with the ability to provide the Services to the
Customer or other Customers; (b) abuses any bonus or promotional program; or
(c) violates the applicable law. The Customer will not in any way submit any
materials to the Company or otherwise take any action that would, in the
Company’s sole determination, interfere with the Services or other Customers,
infringe the rights of any third party, or otherwise constitute objectionable
conduct.
8.2. If the Company reasonably believes that the Customer or any third party
is using the Customer’s Account in a way abusing the Services or any of the
Company’s bonus or promotional programs or otherwise breaching this Agreement
or applicable law, the Company may immediately suspend, restrict, or cancel
the Customer’s Account and the Customer’s ability to use the Services or the
Product without notice with no refund.
8.3. Except to the extent contrary to applicable law, the Customer is
prohibited from causing or permitting the reverse engineering, disassembly or
de-compilation of the eSIM, the Services and/or the Product. The Customer is
prohibited from reselling, sublicensing or using the eSIM or the Services to
provide service bureau data processing services or to otherwise provide data
processing services to third parties. The Customer will not allow the eSIM or
the Services to be used by, or disclose all or any part of the eSIM or the
Services to, any person except the Customer.
8.4. The Customer expressly acknowledges and agrees that any applicable export
and import laws govern the Customer’s use of the eSIM and the Services and he
or she will neither export or re-export, directly or indirectly, either the
eSIM or the Services, nor any direct product thereof in violation of such
laws, or use either the eSIM or the Services for any purpose prohibited by
such laws.
9. Indemnification and Limitation of Liability
9.1. The Customer agrees, at his or her sole expense, to fully defend,
indemnify and hold harmless the Company, its parent, affiliates, shareholders,
directors, officers, employees, agents and the Providers from and against any
and all claims (including without limitation reasonable attorney’s fees)
arising out of or in connection with (i) the Customer’s use of the Services,
(ii) the Customer’s Account (including the use of the Customer’s Account by a
third party) and (iii) this Agreement.
9.2. EXCEPT FOR DAMAGES CAUSED BY THE COMPANY’S INTENTIONAL MISCONDUCT AND/OR
EXCEPT WHERE PROHIBITED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR DAMAGES
THAT EXCEED THE AMOUNT OF CHARGES TO THE CUSTOMER FOR THE CUSTOMER’S ACTUAL
USE OF THE SERVICES DURING THE PRIOR ONE MONTH PERIOD. UNDER NO CIRCUMSTANCES
WILL THE COMPANY BE LIABLE FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL,
INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS
OF PROFIT OR REVENUES, OR INCREASED COSTS OF OPERATION, EVEN IF SUCH DAMAGES
WERE FORESEEABLE OR THE COMPANY HAS BEEN SPECIFICALLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN ADDITION, UNDER NO CIRCUMSTANCES WILL THE
COMPANY BE LIABLE FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO THE
CUSTOMER’S INABILITY TO ACCESS, OR THE CUSTOMER’S DIFFICULTY IN ACCESSING, THE
SERVICES.
9.3. THE SERVICES ARE PROVIDED "AS IS" AND THE COMPANY DOES NOT MAKE
ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY,
MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE
WITH REGARD TO ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS
AGREEMENT. THE COMPANY ALSO MAKES NO WARRANTY THAT THE SERVICES WILL BE
UNINTERRUPTED, ERROR FREE OR MEET THE CUSTOMER’S REQUIREMENTS. THE COMPANY
DOES NOT AUTHORIZE ANYONE, INCLUDING ITS EMPLOYEES, AGENTS, PROVIDERS OR
REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON BEHALF OF THE COMPANY AND
THE CUSTOMER SHOULD NOT RELY ON ANY SUCH WARRANTY. THE CUSTOMER EXPRESSLY
ACKNOWLEDGES AND AGREES THAT BECAUSE THE SERVICES ARE PROVIDED OVER MOBILE AND
INTERNET NETWORKS OUTSIDE OF THE COMPANY’S CONTROL, THE COMPANY HAS NO RELATED
LIABILITY. THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF COMMUNICATIONS
TRANSMITTED THROUGH THE SERVICES.
9.4. Except for the Customer’s obligation to pay for the Services, neither the
Company nor the Customer is liable to the other for any delay, failure in
performance, loss or damage due to causes beyond reasonable control, including
but not limited to acts of God, fire, strikes, explosions, power failure,
earthquake, flood, water, labor disputes, terrorism, acts or omissions of
carriers or suppliers, systems failure and acts of regulatory or governmental
agencies.
9.5. Neither the Company nor the Provider guarantees any level of performance
of the Services in any specific coverage area.
10. Communication
10.1. Any information including any materials, messages, ideas, suggestions,
or other communications (collectively - "Information") the Customer
transmits to the Company in any manner shall be and remain the exclusive
property of the Company. The Customer’s submission of any Information shall
constitute an assignment to the Company of all worldwide rights, titles and
interests in all copyrights and other intellectual property rights in the
Information. The Company will be entitled to use, reproduce, disclose, publish
and distribute any Information the Customer submits for any purpose
whatsoever, without restriction and without compensating him or her in any
way. For this reason, the Company prohibits the Customers to send the Company
any Information that the Customer does not wish to assign to the Company,
including any confidential information or any Information subject to third
party rights.
11. Assignment
11.1. The Company may assign all or part of its rights and obligations under
this Agreement to any party at any time without notice to the Customer. In
case of assignment the Company will have no further obligation to the Customer
in connection with such assigned obligations.
12. General
12.1. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the remaining provisions of this Agreement will continue in
full force and effect.
12.2. This Agreement, together with any written amendments or written
modifications, will constitute the entire agreement between the Customer and
the Company with respect to the Services provided hereunder and will supersede
and replace all prior or contemporaneous understandings or agreements,
written, electronic or oral, between the Customer and the Company. No written
or oral statement, advertisement or service description not expressly
contained in the Agreement will be allowed to contradict, explain, modify or
supplement it.
12.3. This Agreement shall be interpreted, governed by and construed in
accordance with the laws of Hong Kong. The Customer agrees, in the event any
claim or suit is brought in connection with this Agreement, to the exclusive
jurisdiction and venue of the courts of Hong Kong. In any action to enforce
this Agreement, including, without limitation, any action by the Company for
the recovery of fees due hereunder, the Customer shall pay the Company
reasonable attorney’s fees and costs in connection with such action. The
Customer acknowledges and agrees that this governing law provision applies no
matter where the Customer resides, or where he or she uses or pays for the
Services. This Agreement is originally written in the English language and the
English language version shall control over any translations.
Just eSIM Limited
Room 1001, 10/F, Tower B, New Mandarin Plaza, 14 Science Museum Road, Tsimshatsui
East, Kowloon, Hong Kong
[email protected]
Publication date: January 9, 2025
Effective: January 16, 2025
Previous version of the document: December 23, 2022