Terms of Service

TERMS OF SERVICE OF SIMLESS

This End-User Terms of Service ("Terms") is a binding agreement between you (referred to herein as "the User", "You" or "Your") and Simless Inc., a company incorporated under the laws of Delaware, and where applicable its subsidiaries, affiliates and related corporations (referred to herein as "Simless", "the Company", "we", "us" or "our"), concerning your access to and use of Simless's Services (as defined below) via Simless website, related features and services, and other linked channels, mobile websites or applications (collectively, the "Platform").

We can be accessed through various locations and jurisdictions. Users who choose to access the Platform from such locations do so on their own initiative and are solely responsible for compliance with applicable local laws, and they shall not use the Platform unless it is permitted under the applicable laws.

You may not use this Platform and Services if you: (i) do not agree to this Terms; (ii) are not of the age or have the capacity to be bound by this Terms in Your jurisdiction of residence; or (iii) are prohibited from accessing or using this Platform or Services or any of this Platform's contents, products or services by applicable law.

Simless enables the procurement, activation, management of prepaid mobile data plans delivered through embedded SIM (eSIM) technology. We provide the Service on an "as-is" and "as-available" basis, without warranties of uninterrupted availability, performance, or fitness for any particular purpose, to the fullest extent permitted by law.

With the acceptance of these Terms, You further acknowledge that You have read and understood Our policies in the Simless Platform, including but not limited to the Privacy Policy and other policies and notifications (collectively be referred to as "Policies") that may be amended from time to time on the Simless Platform. These Policies are an integral and inseparable part of these Terms. Violation of the principles stated in these Policies is equivalent to a violation of these Terms.

You assume all risk and responsibility for compliance with any applicable telecommunications, data privacy, consumer protection, export control, or other local and international laws associated with Your use of the Service.

If You have any questions about these Terms or Our Services, please contact us at support@simless.com.

1. Description of Services and Fees

1. Simless enables You to purchase, activate, download, and manage prepaid mobile data plans delivered via embedded SIM (eSIM) technology through Our Platform. Such plans may be offered directly by Simless or through authorized third‑party carriers and content providers.
2. The Platform provides a unified interface where You can review active eSIM plans, monitor data usage, initiate subscription renewals or one‑time top‑ups, and manage account settings.
3. From time to time, the Services may receive automatic updates, including bug fixes, enhancements, and new features, to maintain compatibility and performance. By using the Services, You agree to receive and install such Updates without additional notice.
4. To access and fully utilize the Services, You must maintain compatible hardware and software (latest versions recommended) and an active internet connection. Service performance may be impacted by device capabilities, network conditions, and Platform requirements; You are responsible for meeting these prerequisites.
5. To use the Service, You must ensure that their device is carrier-unlocked, supports eSIM functionality, and is compatible with the Service; compatibility may vary depending on carrier and country of origin, and must be verified prior to purchase.
6. When Services or data plans are provided by third‑party carriers or content providers, Simless acts solely as an agent and technical intermediary. Simless is not a party to the contract between You and any third‑party provider, and disclaims liability for their performance.
7. Simless reserves the right, at its sole discretion, to modify, suspend, or discontinue any aspect of the Services, in whole or in part, with or without notice. Material changes will be communicated via the Platform or email to the address on file.
8. Simless does not provide voice calling or SMS messaging capabilities and makes no guarantee regarding network availability, coverage, performance, or compliance with any specialized regulatory regime.

2. Your Representations and Warranties

By accessing or using Simless, You expressly represent and warrant that:

1. You must be at least eighteen (18) years old. Use of the Service for any other person is strictly prohibited
2. You possess the authority to bind yourself or the legal entity on whose behalf You act to these Terms without violating any other agreement to which You are a party;
3. Your use of Simless will comply with all applicable laws, regulations, and industry standards, including telecommunications, data protection, consumer protection, and export control requirements;
4. You will not use Simless for any unlawful, abusive, fraudulent, or unauthorized purpose, nor will You facilitate any such activity by others;
5. All information You provide to Simless is true, accurate, complete, and current, and You will promptly update any information that changes;
6. You will not infringe, misappropriate, or otherwise violate any intellectual property, privacy, or other proprietary rights of Simless or any third party.

Simless reserves the right to suspend or terminate Your access to Simless and delete Your account if You breach any of the foregoing representations or warranties, or if Simless determines, in its sole discretion, that You are not eligible to access or use the Services.

3. Purchase, Payment Models and Activation

You may complete Your purchase for Simless Services through one of the following models: (i) Pay As You Go, (ii) Ready Package, or (iii) Recurring Subscription, subject to the detailed provisions below. In all cases, You must first deposit funds into their "Simless balance" wallet via permitted payment methods.

• Pay As You Go: A pre-determined amount per GB or threshold unit will be deducted from Your balance in real time based on data consumption. Pricing varies depending on the country of use and will be displayed prior to usage.
• Ready Package: You select and purchase a data plan with a fixed GB quota and validity period. The total package fee will be immediately deducted from Your balance upon confirmation.
• Recurring Subscription: For subscription-based plans, You will be charged the full subscription fee for the designated billing cycle. Subscriptions automatically renew unless canceled in accordance with these Terms.

Payment

• By completing any purchase via the Simless Platform, You enter into a binding sales agreement with Simless, governed by these Terms of Service and Policies.
• All fees, whether for one-time purchases, data top-ups, or subscriptions, are charged at the time of transaction using Your selected payment method.
• Simless accepts multiple forms of payment, including major credit/debit cards, digital wallets, and Platform billing options.
• Simless does not store payment credentials. All financial data is processed and stored exclusively by licensed third-party payment service providers.
• Prices, plan availability, and tax obligations may vary by jurisdiction and are subject to change at any time prior to purchase.

4. Refunds, Renewals, and Cancellations

• If You purchase directly through Our website or via a Simless-approved payment method outside of the app stores, all sales are final once the eSIM has been provisioned. Refunds, cancellations, or monetary claims for such purchases are handled exclusively by Simless.
• Except where required by local law, we do not offer refunds or credits for unused data, expired plans, or partial billing periods.
• Refund requests for purchases made via mobile platforms such as Apple and Google are governed solely by the application's refund policy.
• If enrolled in a subscription plan, it will automatically renew at the end of each billing period unless canceled before the renewal date via Your account settings or relevant platform subscription tools.
• You may cancel a subscription at any time. Cancellation becomes effective in the next billing cycle. Refunds for the current cycle are not available unless otherwise required by local consumer protection laws.
• In the event of a subscription price increase, Simless will notify You in advance. Continued use after the effective date constitutes acceptance.

5. Registration, Activation, Compatibility, and Tax Obligations

• To access certain features of the Simless Platform or utilize the Services, You may be required to register for an account and provide specific information, which may include Your name, email address, and mobile number.
• Simless may impose additional terms and conditions regarding account eligibility or access to particular features. We reserve the right to deny, suspend, or revoke account access at Our sole discretion.
• You are obligated to provide accurate, complete, and current registration information, and to promptly update it if there are changes.
• After purchasing a plan, You must download, install, and activate the corresponding eSIM on a carrier-unlocked, eSIM-compatible device.
• It is solely Your responsibility to ensure Your device meets all technical specifications and is carrier-unlocked. Simless accepts no liability for failed activations, device incompatibility, or carrier-specific restrictions.
• You are responsible for any taxes, duties, or levies imposed in connection with Your purchase (excluding Simless's own income taxes).

6. Termination

• The license granted to You for use of the Services is effective until terminated. At any time, at our sole discretion and without liability to You, with or without prior notice, Simless may modify, suspend, or discontinue all or any part of the Platform or Services.
• We may terminate Your access to the Platform, Services, or Your account immediately and without notice, delete or deactivate Your account and all related data, and/or terminate these Terms, in Our sole discretion and for any reason.
• You may terminate Your license at any time by submitting a cancellation request through the Platform and removing the application from Your devices.
• Upon termination, all rights granted to You under these Terms shall immediately cease, and You must cease all use of the Services.

7. Code of Conduct

The Services offered through the Platform shall not be used for any purposes other than what is set out by the Company, in accordance with these Terms. Therefore, while accessing and/or using the Platform and the Services, You are explicitly prohibited to and You shall NOT:

• Use the Platform and Services against any applicable laws, either local, federal, national, or international
• Use the Services or Content to support, or engage in any illegal activities including, but not limited to, illegal gambling, fraud, money laundering, or terrorist activities
• Use the Platform, Content or Services in a way that disrupt, adversely affect, prevent or obstruct provision of Services and use of Services by other users
• Access without authorization to any Simless IP or Content to which You are not permitted to access or use
• Make any commercial use of the Services and Content, develop third party applications benefiting from Our Services and Content
• Copy, decompile, disassemble or reverse engineer any software that is a part of the Platform, Content and Services
• Use any spider, robot, cheat utility, scraper, offline reader or any other automated means that accesses the Platform
• Attempt to interfere with or disable any features of the Platform, or create undue traffic or other burden on the Platform or related networks
• Use the Platform to market, advertise or offer to sell goods or services
• Falsify or delete any copyright management information

8. Risk Disclosure

• Access to eSIM provisioning and mobile data services may degrade, fail, or become temporarily unavailable during periods of network congestion, high demand, software maintenance, or carrier-side restrictions.
• The Simless Platform, user interface, and any related documentation or communications may contain inaccuracies, omissions, or outdated information regarding device compatibility, supported carriers, pricing, or country coverage.
• Simless relies on third‑party carriers, network operators, and technology providers to deliver connectivity. Termination of Our partnerships, material changes to their terms, network outages, regulatory interventions, or technological shifts may impair or suspend Your access to eSIM services.
• You expressly accept that neither Simless nor its partners guarantee continuous service, and that You may experience service interruptions or degraded performance beyond Our control.

9. Your Obligations

Without prejudice to the Terms of Service, Your obligations are as follows:

• Use the Service in compliance with these Terms of Service and to be responsible for all use of the Service from Your account
• Submit true, accurate, and complete registration information, and to keep such information up-to-date
• Keep the password confidential at all times and will be responsible for all use of the account and password
• Use the Service in accordance with all applicable laws and regulations of the home nation, the country of residence, and the country in which You are present when the Service is being used
• You agree that the Service shall be used for personal consumption only
• You agree that the Service shall not be used to engage in any action that is abusive, illegal or fraudulent
• You acknowledge that Simless reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution

10. Indemnification

You agree to defend, indemnify and hold harmless Simless, its parent and subsidiary companies, and each of their respective officers, directors, employees, agents, partners and licensors (collectively, the "Indemnified Parties") from and against any and all losses, liabilities, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to any third-party claim, action or proceeding brought against an Indemnified Party to the extent that such claim is based upon or arises out of:

• Your breach or alleged breach of these Terms or any representation, warranty or covenant made by You herein;
• Your use of (or inability to use) the Service, including any data or content You submit, post or transmit;
• Any violation by You of applicable law, regulation or the rights of any third party;
• Your negligent, willful or reckless act or omission in connection with your use of the Service;
• Any harmful, harassing or illicit conduct by You toward another user of the Service.

11. Intellectual Property Rights

The Platform is the proprietary property of the Company and all content therein including but not limited to signs, text, graphics, pictures, information, data, software, sound files, source codes, databases, functionality, website designs, audio, video, text, photographs, and graphics and the trademarks, service marks, and logos (collectively, the "Simless IP") are owned by us and/or licensed to us and/or controlled by us; and are protected through various intellectual property rights.

You are granted a limited use right to access and use the Simless IP, Platform and Services, provided that You are eligible to under these Terms. However, Simless, at any time, reserves the right to terminate Your access to the Platform, the Services, the Simless IP and if applicable revoke the use rights or licenses provided.

14. Applicable Law

These Terms and Your access to and use of Our Services will be governed by and construed and enforced in accordance with the laws of Delaware, United States. Any conflicts which may arise between the Application and You shall initially be settled according to Laws of Delaware. In the event of failing to reach an agreement, both Parties agree, declare and undertake that courts of Delaware will have exclusive jurisdiction.

15. Third Party Contents

There may be references and links to third party websites and applications on the Platform and/or You may view content provided by third party websites and applications while using the Services ("Third Party Content").

We have no control over Third Party Content. You hereby acknowledges and agrees that Simless has no responsibility to examine, control, endorse or monitor any Third Party Content. You view Third Party Content at Your own risk and Simless will not be held liable for any loss or damage arising out of Third Party Content or services.

16. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.
• Amendment: Simless may amend these Terms at any time without any specific notice. The latest version of the Terms published on the Platform are applicable to all Users.
• Waiver: Any failure or delay in exercising any right, power or privilege Simless is granted under these Terms shall not be regarded as a waiver thereof.
• Assignment: Any right and obligation of You under these Terms shall not be assigned or transferred to any third party without obtaining prior written consent of Simless.
• Severability: In the event that any clause of these Terms is deemed invalid or unenforceable, the remainder of these Terms shall remain in full force and effect.

By using Simless, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.