1. Introduction
1.1. Terms and Conditions Agreement
These Terms and Conditions constitute a legally binding agreement between you (the “User”) and ESIMCARTY LLC, a private limited liability company registered in the United States of America. ESIMCARTY LLC’s registered office is located at 215 W PERSHING RD STE 403, KANSAS CITY, MO 64108. This Agreement governs your purchase of international data plans for prepaid eSIMs, which are intended for use on your personal device through ESIMCARTY LLC’s services.
1.2. Future interactions may be subject to additional terms or documents posted on our website or app.
1.3. We recommend you print these Terms and Conditions for your records.
2. Registration
2.1. To purchase an eSIM through our website, you must register and accept the Terms of Use. Esimcarty’s Privacy Policy and Cookies Policy are available on the website at the time of registration.
3. Purchase and Activation
3.1. By purchasing an eSIM through the website, you agree to pay all applicable charges in accordance with the Data Plan.
3.2. You are responsible for the eSIM upon delivery. If your Device is lost or damaged before full payment, you are still liable for the full price of the eSIM.
3.3. If you purchase an eSIM via a third-party, your agreement is with that third party, not Esimcarty.
3.4. Esimcarty offers Data Plans for specific countries and reserves the right to limit availability in certain regions. You can browse and purchase Data Plans via the website or through third parties.
3.5. To use the Service, your Device must be unlocked and eSIM-compatible.
4. Duration and Termination
4.1. This Agreement starts when you purchase the eSIM. After activation, the eSIM remains on your Device until you delete it, which we recommend doing after the Data Plan expires or is used up. A stable internet connection may be required for download and activation.
4.2. The Agreement lasts until the Data Plan expires or the credit is used up.
4.3. This Agreement ends immediately if:
4.3.1. The Data Plan expires or is used up, or
4.3.2. Esimcarty suspends your use of the eSIM for breach of these Terms.
4.4. Upon termination, if you do not delete the eSIM, it will be provided on an “as is” basis without warranty. Esimcarty is not liable for the eSIM until you purchase a new eSIM or Data Plan.
5. Warranty
5.1. These Terms do not affect your statutory rights.
5.2. Esimcarty makes no warranties regarding the eSIM or Service, except as required by law.
5.3. Esimcarty may discontinue the sale or support of any eSIM at its discretion.
6. Service Availability
6.1. Esimcarty will make reasonable efforts to ensure Service availability, subject to network capacity and connection availability.
6.2. Esimcarty partners with service providers and is not obligated to notify you of such partnerships.
6.3. Esimcarty does not guarantee network quality or availability, which may be affected by maintenance, network coverage, or other factors.
7. User Obligations
7.1. You agree to:
7.1.1. Use the eSIM according to these Terms and all applicable laws.
7.1.2. Not engage in fraudulent or illegal activities with the eSIM.
7.1.3. Avoid using the eSIM to harm or damage the network.
7.1.4. Not misuse Esimcarty commercial information or intellectual property.
7.1.5. Manage data usage responsibly and not overload the network.
7.2. Promotions should be used fairly and not to manipulate the Service or create fake registrations.
7.3. Esimcarty may suspend the Service for breaches of these Terms, and you remain liable for all charges.
7.4. Esimcarty reserves the right to remove accounts, disqualify users from the Service, or Promotions at its discretion.
8. Payment Terms
8.1. You can purchase the eSIM through our Website. Payments are processed by authorized agents of Esimcarty.
8.2. All eSIMs are prepaid and include applicable taxes unless stated otherwise. Taxes will be based on the postal code you provide during payment.
8.3. “Indirect Taxes” refer to sales tax, value-added tax, and similar taxes applicable at the time of Data Plan purchase.
9. Right of Withdrawal
9.1. As a consumer, you can withdraw from this Agreement within 14 days without giving a reason. This period ends 14 days after purchase, or earlier if the eSIM is activated and the Data Plan is used up, in which case you may receive a partial refund based on the eSIM’s reduced value.
9.2. To withdraw, you must notify us with a clear statement. Contact Esimcarty LLC. via Customer Support as detailed in Section 13.
10. Refund and Returns Policy
10.1. If you believe the Service does not meet these Terms or your statutory rights, inform us. We may offer a full or partial refund as described below.
10.2. For a full refund, the eSIM must:
10.2.1. Be purchased directly from Esimcarty (not from third parties);
10.2.2. Not be activated;
10.2.3. Be requested within 6 months of purchase.
10.3. We may offer a full or partial refund if:
10.3.1. The Data Plan has been activated or used;
10.3.2. The eSIM fails due to network issues or instability.
10.4. If the eSIM is downloaded onto an incompatible or locked Device, a full refund will be provided if the conditions in 10.2.1-10.2.3 are met.
11. Intellectual Property Rights
11.1. The eSIM and all content on the website (including software, designs, and graphics) are owned or licensed by Esimcarty and protected by intellectual property laws.
11.2. You may not copy, reproduce, or exploit any part of the eSIM, the App, or its content without our express written permission.
12. Data Protection
12.1. By purchasing an eSIM, you consent to Esimcarty processing your personal data to provide and improve the Service and prevent unauthorized use.
12.2. For more information on how we handle your data, refer to our Privacy Policy and Cookies Policy.
13. Indemnity
13.1. You agree to indemnify Esimcarty and its affiliates against any losses, costs, or claims arising from:
13.1.1. Your breach of these Terms; and/or
13.1.2. Any misuse of the Service.
14. Limitation of Liability
14.1. To the extent permitted by law, Esimcarty excludes all liability for any loss or damage related to your use of the Service. Our liability is limited to the amount you paid for the Data Plan in the 12 months before the incident, or €100, whichever is higher. This does not affect liability for fraud or other non-excludable legal obligations.
15. Governing Law and Legal Compliance
15.1. These Terms are governed by the laws of the United States of America, and disputes will be settled in US courts.
15.2. Other mandatory laws may also apply.
15.3. The Service and website are not for use in jurisdictions where it is illegal. Users in such locations are responsible for complying with local laws.
16. Changes to Terms and Conditions
16.1. We may update these Terms:
16.1.1. Updates will be available on our website;
16.1.2. We will notify you of significant changes. You can withdraw from the Service if you do not accept the changes, except for changes benefiting you or required by law.
16.1.3. Continued use of the Service after changes constitutes acceptance of the updated Terms.
17. General
17.1. Esimcarty may assign its rights and obligations under this Agreement to any group company without your consent.
17.2. If any provision of this Agreement is deemed illegal or unenforceable, it will be modified or removed to make it legal and enforceable.
17.3. Failure to enforce any right or remedy under this Agreement does not waive that right or remedy. Rights and remedies under this Agreement are cumulative and not exclusive.
17.4. This Agreement is in English. In case of conflicts between the English version and translations, the English version prevails.
18. Esimcarty Contact Details
For more information about these Terms and Conditions, to provide feedback or to make a complaint, you can reach our team 24/7, 365 days a year through the platforms listed below:
Email: contact@esimcarty.com
Chat: just click the pop-up in the bottom corner of this page.
WhatsApp: +1 913-389-6299 (this line is operated 9.00 – 17.00 Central European Time).
