Terms and Conditions

Ultimo aggiornamento: 17 ottobre 2024

Last updated: October 17, 2024

No roaming charges, just easy and convenient global connectivity. VALIDITY OF GENERAL TERMS AND CONDITIONS

These Terms and Conditions (the “Terms and Conditions” or simply “Terms”) constitute a legally binding agreement between you (the “Customer” or simply “you”) and govern your use of our products, services, mobile application (the “App”) and website (the “Site” and collectively with the above, the “Services”). The following Terms and Conditions are published on the website https://www.esimforall.net. Esimforall can accept the variation of clauses only in case of explicit written agreement. This section defines various categories of natural and legal persons who interact with the services, platforms and applications of Esimforall. Understanding these roles is essential to interpret the rights, obligations and conditions described in these Terms and Conditions.

The term "Customer" as used herein shall refer to any individual or entity that interacts with Esimforall's services, including End Users,  depending on the context of use. This broad definition ensures that our Terms encompass all interactions with our services, providing a clear and comprehensive understanding of the rights and responsibilities of all parties involved.

CUSTOMER ACKNOWLEDGES AND AGREES THAT BY CLICKING ON THE "I ACCEPT" OR SIMILAR BUTTON, REGISTERING FOR AN ACCOUNT, DOWNLOADING THE APP OR ANY APP UPDATES, USING THE APP ON CUSTOMER'S MOBILE DEVICE, OR ACCESSING OR USING THE SERVICES, CUSTOMER INDICATES THAT CUSTOMER HAS READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT CUSTOMER HAS REGISTERED WITH THE SITE OR APP. IF CUSTOMER DOES NOT AGREE TO THESE TERMS OF SERVICE, THEN CUSTOMER IS NOT ENTITLED TO ACCESS OR USE THE SERVICES.  These Terms of Service are effective as of the date Customer first clicks "I Agree" (or a similar button or checkbox) or uses or accesses the Services, whichever occurs first.  If Customer is accepting or agreeing to these Terms of Service on behalf of its employer or another legal entity, Customer represents and warrants that (i) Customer has full legal authority to bind its employer or such entity to these Terms of Service; (ii) Customer has read and understands these Terms of Service; and (iii) Customer is accepting these Terms of Service on behalf of the party that Customer represents. In such event, "Customer" shall refer to and apply to Customer's employer or such other legal entity.

Any personal data that Customer submits to Esimforall or that Esimforall collects about Customer is governed by its Privacy Policy ("Privacy Policy"), available at https://www.esimforall.net/privacy_policy.  Customer acknowledges that by using the Services, Customer has read the Privacy Policy. The Privacy Policy is incorporated by reference into these Terms of Service and together they form and are hereinafter referred to as the "Agreement".

NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN CUSTOMER AND ESIMFORALL MAY BE RESOLVED. IT CONTAINS A FINAL AND BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER (SECTION 20). PLEASE READ IT CAREFULLY AS IT AFFECTS CUSTOMER’S LEGAL RIGHTS, INCLUDING, IF APPLICABLE, CUSTOMER’S RIGHT TO OPT-OUT OF ARBITRATION.

2. DESCRIPTION OF SERVICES

2.1. USE OF SERVICES

Esimforall is a global eSIM store that makes international connectivity more accessible through eSIM technology. Esimforall offers travellers data, voice and SMS packages in many countries, reducing the need for physical SIM cards. Esimforall services include offering a wide range of eSIM data, voice and SMS packages worldwide, which can be purchased and used immediately on any eSIM-enabled device, enabling seamless connectivity.

Customer must register with Esimforall and create an account to use the Services (an "Account") and as part of such process Customer will be required to provide certain information, including, but not limited to, Customer's name, full address, telephone number, and email address. By using the Services, Customer agrees to provide true, accurate, current, and complete information as prompted by the registration process and to maintain and promptly update the Account information to keep it accurate, current, and complete. Customer is the only user authorized to use his or her Account. Customer is responsible for maintaining the confidentiality of any login, password, and Account number provided by Customer or assigned to Customer by Esimforall to access the Services. Customer is solely and fully responsible for all activities that occur under his or her password or Account, whether or not authorized by Customer. Esimforall has no control over any user's use of the Account and expressly disclaims any liability arising therefrom. If the Customer suspects that any unauthorized party may be using his/her password or Account or suspects any other breach of security, the Customer agrees to immediately contact Esimforall.

The person who signs up for the Services will be the contracting party ("Account Owner") for the purposes of these Terms of Service and will be the person authorized to use any corresponding Account provided by Esimforall to the Account Owner in connection with the Services; provided, however, that if Customer signs up for the Services on behalf of Customer's employer, Customer's employer will be the Account Owner. As Account Owner, Customer is solely responsible for complying with these Terms of Service and only Customer is entitled to all benefits related thereto. Customer's Account is not transferable to any other person or account. Customer must notify Esimforall immediately of any unauthorized use of his or her password or identification or any other breach or threatened breach of Esimforall's security or the security of Customer's Account.

2.2. REGISTRATION FOR THE USE OF ESIMFORALL SERVICES

All Clients, including End Users, Business Users, End Clients and Job Applicants as defined in Section 1, must accept the General Terms and Conditions to use the Esimforall services. The following information must be provided during the registration process:

In cases where Esimforall services are provided through intermediaries (e.g. hotels or travel agencies), the intermediary may provide the requested registration information on behalf of the Customer.

In order to adapt to evolving service requirements and improve the user experience, Esimforall reserves the right to collect additional information from all categories of customers, if deemed necessary. This collection of additional information will be conducted in a manner that respects privacy and compliance with data protection laws, without requiring any further changes to these Terms and Conditions. Customers will be informed accordingly about the collection of such additional information through our standard communication channels.

2.3. ESIMFORALL COMMITMENTS

Esimforall will make every reasonable effort to provide the Customer with quality of service. However, Esimforall does not guarantee that the service can not be interrupted, timely, secure or free from failures.

2.4. CUSTOMER COMMITMENTS

In using the Devices or Services provided by Esimforall, the Customer shall not take any action: abusive, illegal or fraudulent; that causes damage or malfunction of the Network. When the Customer violates its obligations under Section 2.4, Esimforall may suspend the Customer's use of the Service. During any period of suspension, the Customer shall continue to pay all Charges due under this Agreement in relation to the suspended Services.

2.5. DEVICE COMPATIBILITY

The Customer is responsible for ensuring that their device is eSIM compatible and not tied to the operator. Device compatibility may depend on the operator and country of origin and the customer is responsible for checking the list of eSIM compatible devices provided at the point of payment. By checking the box confirming that the Customer's device is eSIM compatible, the Customer is then responsible for the accuracy of the information provided.

The eSIM compatibility list is not exhaustive, which means you may still need to add newly announced eSIM-compatible devices.

3. COMMENCEMENT, DURATION AND TERMINATION OF THE CONTRACT

The service agreement between Esimforall and the Customer begins with the completion of the order on the Esimforall website (https://www.esimforall.net, including any subdomains associated with Esimforall), via the Esimforall app, via our APIs, on the partner platform or via any other product provided by Esimforall that allows customers to place an order.

The activation of the eSIM and the recognition of the Activation Policy are the responsibility of the Customer.

The agreement will be terminated for End Users if they do not have an active data package or have deleted the eSIM from the target device. However, for Business Users, the termination of the agreement is subject to the terms of any specific agreement signed between the Business User and Esimforall, or to its activity status on the Partner Platform. For Business Users with such agreements or active participation in the platform, the agreement remains in force even if they do not have an active data package or if an eSIM is deleted from a device, reflecting the ongoing partnership and commitments between Esimforall and the Business User.

4. CHARGES AND PAYMENTS

Payment and any other charges must be paid through the third party payment processor (the "PSP") as set out in the Services. Customer may be required to register with the PSP, accept the PSP's terms of service, provide payment details to the PSP and go through a verification process upon request by the PSP to create an account with the PSP (the "PSP Services Agreement"). By accepting these Terms of Service, Customer agrees that it has downloaded or printed, and has read and accepted the PSP Services Agreement. Please note that Esimforall is not a party to the PSP Services Agreement and that Customer, the PSP and any other party listed in the PSP Services Agreement are parties to the PSP Services Agreement and that Esimforall has no obligations, liabilities or obligations to any user or any other party under the PSP Services Agreement.

All prices and fees displayed on the Services are exclusive of federal, provincial, state, local or other governmental sales, goods and services or other taxes, fees or charges, now in effect or hereafter enacted ("Taxes") unless otherwise expressly stated. All applicable Taxes are based on the rates applicable to the billing address you provide to us, and will be calculated at the time of the transaction and charged to your Account.

4.1. PAYMENT TERMS

Esimforall offre vari metodi di pagamento per i suoi servizi, inclusi, a titolo esemplificativo, carta di credito/debito, PayPal, Google Pay, Apple Pay e Alipay. 

La valuta di pagamento è in EURO €  ma possono essere utilizzate anche altre valute, la valuta di pagamento viene determinata durante la transazione. 

Esimforall offers various payment methods for its services, including but not limited to credit/debit card, PayPal, Google Pay, Apple Pay and Alipay.

4.2 Automatic Renewals for End Users

In addition to our existing payment options, Esimforall offers continuous access to our services without the need for manual renewal. This model is intended for End Users who are looking for convenience and uninterrupted service. 

Automatic charges: With this model, renewal fees will be automatically charged to the End User's preferred payment method when data usage drops below a certain threshold at the beginning of each billing cycle.

Cancellation Policy: End users may cancel their renewal at any time. Cancellation will take effect at the end of the current billing cycle, allowing users to continue accessing the service until the end of the cycle. To cancel, users can manage their settings directly in their Esimforall account or contact our support team for assistance.

Esimforall emphasizes the importance of timely payments to maintain a healthy business relationship and continuity of service provision. We encourage Business Users to promptly communicate with our support team in case of any billing discrepancies or payment difficulties to find a solution.

4.3 SUPPLY

End Users will see the purchased eSIM in the "My eSIMs" tab on the Esimforall website (https://www.esimforall.net) and/or on the Esimforall app. The Customer will receive a confirmation email after the purchase. All information for the installation of the eSIM will be available only on the User's Esimforall account.

Business users will see their eSIMs displayed within the partner platform, making it easy to manage and deploy eSIMs and top-up packages, tailored to the specific needs of the business.

Recognizing the diverse needs of our Customers, Esimforall provides its products and services through various methods, depending on the integration chosen and the specific products and services used.

5. REFUND / CANCELLATION / MODIFICATION POLICY

Customer has the right to request a refund or replacement of the eSIM if Customer is unable to use the Services due to an error or omission by Esimforall.  A request for a refund must be made within thirty (30) days of the date of purchase; provided that Esimforall shall have no obligation to issue such refund if Esimforall is able to resolve Customer's inability to use the Services within 10 days of Customer's notification of the issue.  Customer agrees to cooperate with Esimforall to resolve such issues and acknowledges that Esimforall shall have no obligation to issue any refund if Customer fails to cooperate or refuses to do so.  For clarity, each data package provided by Esimforall has its own validity period and no refund will be offered for any remaining data when such validity period expires.

Notwithstanding the foregoing, the following terms shall apply:

To request a refund, contact the Esimforall support team via email support@esimforall.net . Please note that the Esimforall refund policy described above will apply. 

Depending on the nature of the issue, Customers will be asked for additional information to support their refund request, such as screenshots of device settings for technical issues or details as to why the amount billed is incorrect and, if applicable, how much the Customer believes is owed, etc. Customers will have the option to credit them back to the original payment method. Once a refund is approved and issued, it may take up to thirty (30) business days for the refund to appear on your statement, depending on your bank.

End-users who have purchased Esimforall services through a reseller are not entitled to direct refunds from Esimforall. These users should contact Esimforall Business Users for refund requests. Esimforall is committed to customer satisfaction, but must submit to our reseller partners’ policies for transactions outside of our direct sales channels.

Esimforall Business Users' refunds for transactions made directly with Esimforall can be processed in the form of Esimforall Credits or credit notes. This provides a flexible alternative for managing refunds, allowing customers to use these credits or notes for future purchases or services on the Esimforall platform.

6. eSIM RECYCLING AND ACTIVATION PROCESS

Esimforall implements an eSIM recycling process to ensure optimal service delivery. Upon purchasing an eSIM, customers are required to activate the eSIM within a specified time period, as indicated in the activation guidelines provided during the purchase process. It is the user's responsibility to activate the purchased eSIM within the specified time period. Failure to activate the eSIM within this time period may result in its expiration, rendering the eSIM unusable. 

Once expired, the eSIM cannot be reactivated and the user will need to initiate a new purchase if they wish to get a working eSIM. Users are advised to check and follow the activation guidelines provided to ensure a smooth eSIM activation process.

7. PRICES AND PROMOTIONS

Prices refer to the cost at which Esimforall offers its eSIM packages and associated services to Customers. Esimforall may offer promotional prices for its eSIM packages for a limited period. Such promotions are subject to specific terms and conditions. The duration of the promotion, the eligibility criteria and any associated conditions will be clearly communicated during the promotional period. Regular prices will apply after the promotion ends, unless otherwise stated. Esimforall reserves the right to change or discontinue any promotional price, including the associated terms and conditions, at its sole discretion, without prior notice. Users seeking additional information or clarification on promotional prices may contact the Esimforall support team via in-app or web chat.

Per gli Utenti finali: i prezzi elencati sul nostro sito web sono specificamente applicabili agli Utenti finali. Incoraggiamo gli Utenti finali a visitare frequentemente il nostro sito web per le informazioni più aggiornate su prezzi e promozioni.

For End Users: The prices listed on our website are specifically applicable to End Users. We encourage End Users to visit our website frequently for the most up-to-date information on prices and promotions.

Our pricing and promotional strategies are designed to provide maximum value to our users, ensuring the sustainability and quality of the services we provide. For the latest information on pricing and promotions, End Users should consult our website, while Business Users are encouraged to consult the Esimforall proprietary platforms designed for them or to contact our support team.

8. COMPLIANCE WITH LOCAL REGULATIONS

When using Esimforall services in any country, you agree to comply with all applicable local laws and regulations, including but not limited to requirements regarding registration of mobile devices and use of telecommunications services. Esimforall may, where required by local law, take necessary actions on your behalf to ensure compliance with such regulations.

By accepting these Terms and Conditions, you consent to Esimforall's use of your personal data for these purposes in accordance with applicable local data protection laws.

9. REPRESENTATIONS AND WARRANTIES

Customer represents and warrants that: (i) Customer is 18 years of age or older or at least the legal age of in the jurisdiction in which Customer resides, and is otherwise capable of forming binding contracts, and (ii) Customer has the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that Customer will do so. Where Customer is entering into this Agreement on behalf of a business or other organization, Customer represents and warrants that it has the authority to act on behalf of such entity and to bind such entity to this Agreement.

Customer further represents and warrants that (i) Customer has read, understood, and agrees to be bound by these Terms of Service and the Privacy Policy in accessing and using the Services, and (ii) when using or accessing the Services, Customer will act in compliance with all applicable local, state or federal laws or customs and in good faith.

Customer agrees not to engage in any of the following prohibited activities, including: (i) copying, distributing, or disclosing any part of the Services in any media other than as permitted by the Services and these Terms of Service; (ii) using any automated system (other than the functionalities of the Services), including, but not limited to, "robots," "spiders," "offline readers," etc., to access the Services; (iii) transmitting spam, chain letters, or other unsolicited email or attempting to phish, pharme, pretext, spider, crawl, or scrape; (iv) attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Services; (v) violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (vi) conducting any illegal activity or soliciting others to perform or participate in illegal acts; (vii) uploading invalid data, viruses, worms, or other software agents through the Services; (viii) violate or infringe Esimforall's intellectual property rights or the intellectual property rights of others; (ix) impersonate another person or otherwise misrepresent Customer's affiliation with a person or entity, commit fraud, hide or attempt to hide Customer's identity; (x) harass, insult, harm, abuse, defame, abuse, harass, stalk, threaten, intimidate or otherwise violate the legal rights (such as privacy and publicity rights) of any other user or visitor of the Services or member of Esimforall's staff; (xi) interfere with or engage in any activity that threatens the performance, security, or proper functioning of the Services; (xii) upload or transmit viruses or any other type of malicious code; (xiii) attempt to decipher, decompile, disassemble, or reverse engineer any software or algorithm used to provide the Services; (xiv) bypass any security features or measures Esimforall may use to prevent or restrict access to the Services, including, but not limited to, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content contained therein; (xv) attempt to access unauthorized Accounts or collect or track the personal information of others; (xvi) use the Services for any purpose or in any manner that violates the rights of any third party; or (xvii) encourage or enable any other person to do any of the foregoing. 

Customer warrants and represents that, other than as fully and promptly disclosed to Esimforall as set forth below, Customer has no motivation, status or interest that Esimforall could reasonably wish to know in connection with the Services, including, without limitation, whether Customer is using or will use or intends to use the Services for any journalistic, investigative or unlawful purpose. Customer warrants and represents that it will promptly inform Esimforall in writing of any such motivation, status or interest, whether existing prior to registration or arising during Customer’s use of the Services.

By installing the App, Customer consents to the installation of the App and any updates or upgrades released through the Services. The App (including any updates or upgrades) may (i) cause Customer's device to automatically communicate with Esimforall's servers to provide the functionality of the App and record usage metrics, (ii) affect preferences or data related to the App stored on Customer's device, and (iii) collect personal information as set forth in Esimforall's Privacy Policy, including location data. Customer may uninstall the App at any time.

10. TERMINATION AND SUSPENSION

Salvo accordi scritti diversi tra il Cliente e Esimforall, ciascuna parte può recedere dai presenti Termini di Servizio per qualsiasi motivo o senza motivo, in qualsiasi momento. Il Cliente può annullare ed eliminare il proprio account in qualsiasi momento utilizzando le funzionalità dei Servizi per farlo (se applicabile e disponibile) o tramite comunicazione scritta al nostro centro di assistenza. Dopo l'annullamento, il Cliente non avrà più accesso al proprio account, profilo o qualsiasi altra informazione tramite i Servizi. 1.208 / 5.000 Unless otherwise agreed in writing between Customer and Esimforall, either party may terminate these Terms of Service for any or no reason at any time. Customer may cancel and delete their account at any time by using the features of the Services to do so (if applicable and available) or by written notice to our support center. Upon cancellation, Customer will no longer have access to their account, profile or any other information through the Services. The provisions of these Terms of Service that by their intent or meaning are intended to survive such termination, including, but not limited to, provisions relating to disclaimers of warranties, limitations of liability and indemnity, shall survive termination of these Terms of Service and termination of Customer's use of or subscription to the Services and shall continue to apply indefinitely.  

We reserve the right to refuse the Services to anyone for any reason, at any time. Esimforall may terminate or limit Customer’s right to use the Services if we are investigating or believe that Customer has violated any provision of this Agreement by providing Customer with written or email notice. Such termination or limitation will be effective immediately upon delivery of such notice.  If Esimforall terminates or limits Customer’s right to use the Services pursuant to this section, Customer may not register and create a new account in his or her name, a fictitious or borrowed name, or the name of any third party, even if Customer may be acting on behalf of the third party. 

Even after termination or limitation of the Customer's right to use the Services, this Agreement will remain enforceable against the Customer. Esimforall reserves the right to take appropriate legal action, including but not limited to initiating arbitration under Section 20 of these Terms of Service.

Esimforall si riserva il diritto di modificare o interrompere, temporaneamente o permanentemente, tutto o qualsiasi parte dei Servizi a sua esclusiva discrezione. Esimforall non è responsabile nei confronti del Cliente per qualsiasi modifica o interruzione di tutto o qualsiasi parte dei Servizi. Esimforall ha il diritto di impedire a chiunque di completare la registrazione come utente se Esimforall ritiene che tale persona possa minacciare la sicurezza e l'integrità dei Servizi, o se, a discrezione di Esimforall, tale limitazione è necessaria per affrontare qualsiasi altra ragionevole preoccupazione aziendale.

Esimforall reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Services at its sole discretion. Esimforall shall not be liable to the Customer for any modification or discontinuance of all or any part of the Services. Esimforall has the right to prevent anyone from completing registration as a user if Esimforall believes that such person may threaten the security and integrity of the Services, or if, in Esimforall's discretion, such limitation is necessary to address any other reasonable business concerns.

11. INTELLECTUAL PROPERTY RIGHTS

All text, graphics, editorial content, data, formatting, charts, designs, HTML code, look and feel, photographs, music, sounds, images, software, video, designs, trademarks, logos, typefaces and other content (collectively "Proprietary Material") that users see or read through the Services are the property of Esimforall. Proprietary Material is protected in all forms, media and technologies now known or hereafter developed. Esimforall owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Material as a Collective Work under the United States Copyright Act, as amended. Proprietary Material is protected by national and international laws governing copyright, patent and other proprietary rights. Customer may not copy, download, use, redesign, reconfigure or retransmit anything from the Services without the prior express and written consent of Esimforall.

Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior written permission of Esimforall.

Esimforall service marks and trademarks, including but not limited to Esimforall and the Esimforall logos, are service marks owned by Esimforall. Any other trademarks, service marks, logos and/or trade names appearing through the Services are the property of their respective owners. Customer may not copy or use any of these trademarks, logos or trade names without the express written consent of the owner.

Additionally, Customer may choose to submit or Esimforall may invite Customer to submit comments, ideas or feedback about the Services, including, without limitation, how to improve Esimforall’s services or products (“Feedback”). By submitting any Feedback, Customer agrees that its disclosure is gratuitous, unsolicited and without restriction and will not place Esimforall under any fiduciary or other obligation, and that Esimforall is free to use the Feedback without any additional compensation to Customer and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. Customer further acknowledges that, by accepting its submission, Esimforall does not waive any rights to use similar or related Feedback previously known to Esimforall, developed by its employees, or obtained from sources other than Customer. Customer acknowledges that all emails and other correspondence that Customer sends to us become the sole property of Esimforall.

Subject to the terms and conditions hereof, Customer is granted a limited, non-exclusive, non-transferable, freely revocable license to access and use the Services. Esimforall may terminate this license at any time for any or no reason.  The Services and all materials contained therein or transferred thereto, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, reports generated by the Services, and copyrights (the "Esimforall Content"), and all Intellectual Property Rights (as defined below) therein, are the exclusive property of Esimforall or, if applicable, its licensors. Except as expressly provided herein, nothing in this Agreement will be deemed to create a license in or under any such Intellectual Property Rights, and Customer agrees not to sell, license, rent, modify, publicly distribute, publicly transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible through the Services. Use of Esimforall Content or materials on the Services for any purpose not expressly permitted by this Agreement is strictly prohibited. For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyrights, mask work rights, moral rights, rights of publicity, trademarks, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights now subsisting or that may arise in the future, and all applications for registration, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Customer's use of the Services and the licenses granted thereunder are conditioned on Customer's strict adherence to the letter and spirit of the various applicable guidelines and any end user licenses associated with Customer's use of the App. Esimforall may modify such guidelines in its sole discretion at any time. Esimforall reserves the right to terminate Customer's Account and access to the Services if it determines that Customer has violated such applicable guidelines.

12. COPYRIGHT COMPLAINTS AND DESIGNATED AGENT

Esimforall respects the intellectual property of others and expects its users to do the same. If you believe in good faith that any material provided on or in connection with the Services infringes your copyright or other intellectual property rights, please send the following information to Esimforall's Copyright Agent: support@esimforall.net.

13. CONFIDENTIAL INFORMATION

Customer acknowledges that Confidential Information (as defined below) is a valuable, special and unique asset of Esimforall and agrees not to disclose, transfer, use (or attempt to induce others to disclose, transfer or use) any Confidential Information for any purpose other than to use the Services in accordance with these Terms of Service. If relevant, Customer may disclose Confidential Information to Customer's authorized employees and agents, provided that they are required to maintain the confidentiality of the Confidential Information. Customer agrees to promptly notify Esimforall in writing of any circumstances that may constitute unauthorized disclosure, transfer or use of the Confidential Information. Customer agrees to use its best efforts to protect the Confidential Information from unauthorized disclosure, transfer or use. Customer must return all originals and any copies of materials containing Confidential Information to Esimforall upon termination of this Agreement for any reason.

The term "Confidential Information" means all trade secrets, confidential and proprietary information of Esimforall and all other information and data of Esimforall that is not generally known to the public or to other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information means technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, financial, strategic and other proprietary and confidential information relating to the business, operations or properties of Esimforall or Esimforall, including information about Esimforall personnel, users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

14. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ESIMFORALL MAKES NO WARRANTY OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICES OR THE CONTENT OF ANY SITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY IN CONTRACT, WARRANTY OR TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM CUSTOMER'S ACCESS TO AND USE OF THE SERVICES; (III) ANY ACCESS TO OR USE OF ESIMFORALL'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND ESIMFORALL'S REASONABLE CONTROL.

IN NO EVENT SHALL ESIMFORALL AND ITS AFFILIATES OR THEIR BUSINESS PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY ESIMFORALL, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES BY CUSTOMER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, ESIMFORALL AND ITS AFFILIATES OR THEIR CORPORATE PARTNERS ARE DETERMINED TO BE LIABLE FOR DAMAGES, IN NO EVENT SHALL THE AGGREGATE LIABILITY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (I) THE TOTAL FEES PAID BY CUSTOMER TO ESIMFORALL DURING THE SIX MONTHS PRECEDING SUCH CLAIM OR (II) ONE HUNDRED DOLLARS ($100), TO THE EXTENT PERMITTED BY APPLICABLE LAW.

15. COMPENSATION

Customer agrees to indemnify, defend and hold harmless Esimforall and its officers, directors, employees, agents, attorneys, insurers, successors and assigns (the "Indemnified Parties") from and against any and all liabilities incurred in connection with (i) Customer's use or inability to use the Services, or (ii) Customer's breach or violation of this Agreement; (iii) Customer's violation of any law or the rights of any user or third party; and (iv) any content submitted by Customer or using Customer's account to the Services, including, but not limited to to the extent that such content may infringe any third party's intellectual rights or be otherwise illegal. Customer further agrees to indemnify the Indemnified Parties for any liability arising from the use of software robots, spiders, crawlers or other similar data gathering and extraction tools, or any other action Customer takes that imposes an unreasonable burden or burden on Esimforall’s infrastructure. Esimforall reserves the right, in its sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to Customer indemnification. Customer may not in any event settle any claim or matter without the prior written consent of Esimforall.

16. DISPUTE RESOLUTION – ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY: IT AFFECTS CUSTOMER'S LEGAL RIGHTS AND GOVERNS HOW CUSTOMER AND ESIMFORALL MAY BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL REQUIRE, WITH A FEW EXCEPTIONS, THAT CUSTOMER AND ESIMFORALL SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

Customer agrees that in the event of any dispute or claim arising out of or relating to Customer's use of the Services, Customer will contact Esimforall at support@esimforall.com and Customer and Esimforall will attempt in good faith to negotiate a written resolution of the matter directly. Customer agrees that if the matter remains unresolved for 30 days after notification (by certified mail or personal delivery), such matter will be considered a "Dispute" as defined below.  With the exception of the right to seek injunctive or other equitable relief described in the "Binding Arbitration" section below, if Customer brings any arbitration claim, or any administrative or legal action without first attempting to resolve the matter through mediation, then Customer agrees that it will not be entitled to recover attorneys' fees, even if Customer might otherwise be entitled to them.

Binding Arbitration. Customer and Esimforall agree that any dispute, claim or controversy arising out of or relating to this Agreement or Customer's use of the Services (collectively "Disputes") will be resolved by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. This means that Customer and Esimforall each agree to waive the right to a trial by jury. Notwithstanding the foregoing, Customer may bring a claim against Esimforall in a "justice of the peace," rather than through arbitration, but only if the claim is admissible under the rules of the justice of the peace court and is brought on an individual, non-class, and non-representative basis, and only so long as it remains in the justice of the peace court and on an individual, non-class, and non-representative basis.

Class Action Waiver. Customer and Esimforall agree that any proceeding to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that Customer and Esimforall each agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless Customer and Esimforall agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person's claims and may not preside over any form of a class action proceeding.

17. NO AGENCY; NO DEPENDENCY

This Agreement is not intended to create, and does not create, any agency, partnership, joint venture, employment, or franchise relationship.

18. GENERAL PROVISIONS

The original English version of these Terms may have been translated into other languages. The translated version of these Terms is a courtesy translation only and Participants cannot derive any rights from the translated version. In the event of any dispute about the content or interpretation of these terms and conditions of these Terms or in the event of any conflict, ambiguity, inconsistency or discrepancy between the English version and any other translated version of these Terms, the English language version shall prevail and be deemed conclusive and binding. In legal proceedings, the English version shall be used. If any provision of these Terms is or becomes invalid, unenforceable or non-binding, the Client shall remain bound by all other provisions of these Terms. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and each participant agrees to accept a similar effect to that of the invalid, unenforceable or non-binding provision, given the content and purpose of these Terms.

Customer may not assign or transfer this Agreement without the prior written consent of Esimforall. Esimforall may assign or transfer this Agreement without Customer’s consent, including but not limited to: (1) to a parent or affiliate, (2) to a purchaser of assets, or (3) to any other successor or purchaser. Any assignment in violation of this section will be null and void. This Agreement will inure to the benefit of Esimforall, its successors and assigns.

19. CHANGES TO THIS AGREEMENT AND THE SERVICES

Esimforall reserves the right, in its sole and absolute discretion, to change, modify, add, supplement, suspend, discontinue or eliminate any terms and conditions of this Agreement (including the Terms of Service and the Privacy Policy) and to revise, improve, modify or discontinue, temporarily or permanently, the Services or any content or information through the Services at any time, with or without notice and without any liability to the Client. Esimforall will use its best efforts to notify the Client of material changes via email, but will not be responsible for any failure to do so. If any future changes to this Agreement are unacceptable to the Client or cause the Client to be in non-compliance with this Agreement, the Client must immediately terminate and cease using the Services. The Client’s continued use of the Services after any revision to this Agreement constitutes the Client’s complete and irrevocable acceptance of all such changes. Esimforall may also impose limits on certain features or restrict your access to parts or all of the Services without notice or liability.

20. NO THIRD PARTY RIGHTS

None of the terms of this Agreement shall be enforceable by any person who is not a party to this Agreement.

21. NOTICES AND CONSENT TO RECEIVE NOTICES ELECTRONICLY

Customer consents to receive any agreements, notices, disclosures and other communications (collectively, “Communications”) referred to in this Agreement in electronic form, including, without limitation, email or notices posted on this Site. Customer agrees that all Communications that Esimforall provides to Customer electronically satisfy any legal requirement that such communications be in writing. Except as otherwise provided in this Agreement, all communications under this Agreement must be in writing and shall be deemed to have been duly given when received, if delivered personally or sent by certified or registered mail, return receipt requested; when receipt is confirmed electronically, if transmitted by facsimile or email; or on the day after sending, if sent for next-day delivery by a recognized overnight delivery service.