For your convenience, you may print these Terms of Use along with the effective date and your order details for personal records.
Use of this website indicates your acceptance of these Terms of Use, our Refund Policy, our Privacy Policy, our Unlimited Usage Policy and our Acceptable Use Policy regardless of your choice to register with us. If you do not agree to these terms and conditions, do not use this website.
These Terms of Use (“Terms”) govern your access to and use of the website https://esim1st.com (the “Site”), operated by eSIM1st LLC (“eSIM1st”, “we”, “us”, or “our”). By using our Site or purchasing any products or services from us, you agree to be bound by these Terms, which form a legally binding agreement between you and eSIM1st. If you do not agree with these Terms, please refrain from using the Site or purchasing our services.
1. SCOPE AND PROVIDER
1.1 These Terms apply to all transactions, orders, and usage of the eSIM1st Site. The Site and related services are provided by:
eSIM1st LLC
5830 E 2nd St, Ste 7000 #22394, Casper, Wyoming 82609 USA
1.2 These Terms constitute the sole and exclusive terms and conditions between you and eSIM1st. Any terms and conditions proposed by you, which differ from, conflict with, or supplement these Terms, are expressly rejected unless agreed to in writing by eSIM1st.
2. ELIGIBILITY
2.1 By using our Site, you represent and warrant that you are at least 18 years of age or of legal age in your jurisdiction, and that you have full legal capacity to enter into these Terms.
2.2 You may not use our services for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction by using our Site.
3. CONCLUSION OF CONTRACT
3.1 The presentation of our eSIM data plans and services on the Site does not constitute a legally binding offer but an invitation to place an order.
3.2 By clicking "Order Now", you submit a binding offer to purchase the selected product. A confirmation email will be sent acknowledging receipt of your order. This does not yet constitute acceptance of your offer.
3.3 Acceptance is confirmed by email or by delivery of the eSIM to your provided email address. The contract is formed once you receive confirmation or service delivery.
4. ACCOUNT REGISTRATION AND RESPONSIBILITIES
4.1 You may be required to register an account to access certain features or services. You agree to provide accurate, complete, and up-to-date information during the registration process.
4.2 You are solely responsible for maintaining the confidentiality of your account login details and for all activities that occur under your account. You must notify us immediately if you suspect any unauthorized use of your account.
5. PRICES AND PAYMENT TERMS
5.1 All prices listed on the Site are in USD (unless otherwise indicated) and are inclusive of applicable taxes unless stated otherwise.
5.2 Payments must be made using the payment methods available on the Site, including but not limited to credit/debit cards, PayPal, and other authorized processors.
5.3 We reserve the right to change prices at any time, but such changes will not affect orders already placed and confirmed.
6. DELIVERY OF SERVICES
6.1 Our services are delivered digitally. Upon successful payment, eSIMs will be sent via email as a QR code or activation code.
6.2 It is your responsibility to ensure your device is compatible with eSIM technology before purchase. No refund will be issued for incompatibility unless otherwise specified in our refund policy.
7. SETOFF AND RIGHT OF RETENTION
7.1 You may only offset claims against us that are legally recognized or undisputed.
7.2 You may only assert a right of retention if your counterclaim is based on the same contractual relationship.
8. RETENTION OF TITLE
8.1 eSIM1st retains ownership of all digital goods and services until full payment has been received.
9. INTELLECTUAL PROPERTY
9.1 All content on the Site, including text, images, logos, designs, and software, is the intellectual property of eSIM1st or its licensors.
9.2 You may not reproduce, modify, distribute, or otherwise use any part of the Site’s content without our express written permission.
10. DISCLAIMER OF LIABILITY
10.1 EXCEPT AS FAR AS OUR LIABILITY IS NOT EXCLUDED OR LIMITED UNDER APPLICABLE LAW, ESIM1ST, OTHER MEMBERS OF THE COMPANY, OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, EXECUTIVE OFFICERS, OR DIRECTORS SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE OR RELATED WEBSITES, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, DATA LOSS, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
10.2 YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ESIM1ST AND ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, EXECUTIVE OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS, AND EMPLOYEES FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY.
11. WARRANTY AND LIMITATION OF LIABILITY
11.1 We strive to ensure accuracy and availability of the services but make no warranties, express or implied, including but not limited to merchantability or fitness for a particular purpose.
11.2 You acknowledge that service interruptions may occur and that we are not liable for any damages resulting from such events.
12. RIGHT OF REVOCATION AND REFUND
12.1 You have the right to cancel the contract within 14 days after the eSIM is delivered. Once the QR code is delivered, the purchase becomes non-refundable, except in cases of technical error caused by eSIM1st.
12.2 eSIMs not activated within six (6) months of purchase expire automatically without refund.
12.3 To exercise your revocation right, contact:
eSIM1st LLC
5830 E 2nd St, Ste 7000 #22394, Casper, Wyoming 82609 USA
Email: support@esim1st.com
13. GOVERNING LAW AND JURISDICTION
13.1 These Terms shall be governed by the laws of the United States, excluding the CISG.
13.2 Any disputes arising from these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the courts in Wyoming, USA.
14. GENERAL
14.1 Our failure to enforce any part of these Terms shall not be considered a waiver of our rights.
14.2 These Terms constitute the entire agreement between you and eSIM1st concerning the Site and its services, superseding all previous agreements.
14.3 If any provision is found to be invalid, the remaining provisions shall remain in full force and effect.
EFFECTIVE DATE: 23/12/2024
For any questions or legal correspondence, please contact support@esim1st.com.
