Terms and conditions

Effective date: December 27th, 2023

SNOWBALL TECHNOLOGIES SAS, a french company ("us", "we", or "our") operates the eSIMs mobile application and esims.io website (hereinafter referred to as the "Service"). The service , provides a platform for comparing and purchasing electronic SIM (eSIM) plans from multiple providers.

These Terms and Conditions govern your access to and use of the Service, and by accessing or using any part of the Service, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms and Conditions carefully before accessing or using our Service.

1. Definitions

"Service" refers to the esims.io website and the eSIMs mobile application, including all content, services, and products available at or through the website and the application.

"User" or "You" means any individual or entity who accesses or uses the Service in any manner, whether as a browser, vendor, customer, merchant, and/or contributor of content.

"eSIM Plan" refers to electronic SIM card plans offered through our Service, including all variations of data, talk, and text packages available for purchase or comparison.

"Content" encompasses all text, graphics, images, music, software, audio, video, information, or other materials that are posted, generated, provided, or otherwise made available through the Service.

"Provider" refers to any third-party company or entity that offers eSIM Plans or related services through the Service.

"Account" denotes a unique account created for a User to access our Service or parts of our Service.

"Parties" refers collectively to the User and the Service.

2. Terms

By accessing the service, you are agreeing to these terms of service and to be bound to these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. Materials contained in the service are protected by applicable copyright and trademark law.

3. Use of the service

The use of the Service provided by esims.io is subject to the following terms:

a) Compliance: You agree to use the Service in compliance with these Terms and Conditions and all applicable local, national, and international laws and regulations.

b) Permitted Use: The Service is for your personal, non-commercial use only, unless otherwise authorized by us in writing. You may not use the Service for any illegal or unauthorized purpose.

c) User Conduct: You must not misuse the Service. Misuse includes, but is not limited to, using the Service to:

Harm or attempt to harm others;

Transmit, or procure the sending of, any advertising or promotional material without our prior written consent;

Engage in any activity that interferes with or disrupts the Service or the servers and networks connected to the Service;

Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission by us;

Upload or transmit viruses, Trojans, worms, logic bombs, or other material that is malicious or technologically harmful.

d) Service Changes and Availability: We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. We will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

e) Account Security: If you create an account on the Service, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security.

f) User Content: If you post, upload, input, provide, or submit your personal data and/or user content to the Service, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

4. eSIM plans

a) Offerings: Our Service provides a platform for the comparison and purchase of electronic SIM (eSIM) plans from various providers ("eSIM Plans"). Each eSIM Plan available through our Service is subject to specific terms, conditions, and limitations as set forth by the respective provider.

b) Description and Accuracy: We strive to provide accurate and up-to-date information regarding the eSIM Plans, including data limits, pricing, validity periods, and any applicable restrictions. However, we cannot guarantee the completeness, accuracy, or timeliness of the information provided.

c) Purchases and Transactions: When you purchase an eSIM Plan through our Service, you agree to pay the specified price and abide by any additional terms related to the transaction. All transactions are subject to verification and acceptance by us and the provider. We reserve the right to refuse or cancel orders at our sole discretion.

d) Compatibility and Use: It is your responsibility to ensure that your device is compatible with the eSIM technology and the specific eSIM Plan you purchase. We are not responsible for any incompatibility issues that arise after the purchase of an eSIM Plan.

e) Provider Responsibilities: The providers of eSIM Plans, and not esims.io, are solely responsible for the fulfillment, quality, and after-sales support of the eSIM Plans. Any disputes or issues related to the eSIM Plans should be directed to the respective provider.

f) Changes to Plans: Providers may modify, replace, or discontinue any eSIM Plan at any time. We are not responsible for any changes made by providers and do not guarantee the availability of any eSIM Plan.

g) Currency Conversion and Price Variability

Currency Conversion: Prices for eSIM Plans on our Service are initially presented in various currencies for users’s convenience and are converted from the original prices set by the Providers. We use current exchange rates for this conversion. However, these converted prices are estimates and should be considered indicative only.

Non-Contractual Prices: The actual prices you pay will be in the original currency as set by the respective Provider and may vary from the estimates provided on our Service due to fluctuations in exchange rates or changes made by the Providers.

Final Transaction Price: When you are redirected to a Provider’s website to complete a purchase, please note that the final price charged by the Provider may differ from the price estimated on our Service. We are not responsible for any differences in price due to currency conversion or rate fluctuations.

User Acknowledgement: By using our Service, you acknowledge and agree that esims.io is not liable for any discrepancies between the estimated price on our Service and the final price charged in the original currency by the Provider.

5. Disclaimer

1. The materials on service are provided on an 'as is' basis. We makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. 2. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

6. Limitations

Under no circumstances shall esims.io, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

a) Your Access to or Use of or Inability to Access or Use the Service: This includes but is not limited to downtime, server disruptions, delayed transmissions, and any failure of performance whether or not caused by events beyond our reasonable control, such as acts of God, communication failures, theft, destruction, or unauthorized access to our records, programs, or services.

b) Any Content Obtained from the Service: This refers to any damages or losses resulting from reliance on any content posted, transmitted, or otherwise made available through the service, whether authored by us or a third party.

c) Unauthorized Access, Use, or Alteration of Your Transmissions or Content: This includes damages for loss or harm resulting from the unauthorized access or alteration of your transmissions or content, whether through hacking, phishing, or other means.

d) Statements or Conduct of Any Third Party on the Service: esims.io is not responsible for the actions or statements of third parties on or via the service, and you may be exposed to content that is inaccurate, offensive, indecent, or objectionable.

e) Any Other Matter Relating to the Service: This includes issues arising from any other interactions with the service, whether based in warranty, contract, tort (including negligence), or any other legal theory, even if esims.io has been informed of the possibility of such damage.