You can see our previous Terms of Use here.
TABLE OF CONTENTS
ACCEPTANCE OF TERMS
TL;DR: By accessing or using the App, you agree to be bound by these Terms of Use.
Acceptance of Terms. By accessing or using eSIM Virtual Mobile Travel App (together, the “App” or “eSIM App”) made available by Municorn Limited (the “we” “us”, or “our”) you (the “user” or “you”) agree to be bound by these Terms of Use ("Terms of Use"). If you do not agree to be bound by the Terms of Use, then you are expressly prohibited from using the App, and you must discontinue use immediately. These Terms of Use also govern your use of our website available at https://municornesim.com/.
Special Terms. There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In case of conflict, the specific terms for such a feature shall prevail.
ARBITRATION NOTICE FOR U.S. RESIDENTS: PLEASE READ SECTION 16 (U.S. ARBITRATION) CAREFULLY. By accepting the Terms of Use, you agree that:
Disputes between you and Municorn Limited will be resolved by binding individual arbitration.
You waive your right to participate in a class action lawsuit or class-wide arbitration.
Exceptions to binding arbitration:
You may opt-out from binding arbitration as described in Section 16 (U.S. Arbitration).
There are certain types of disputes described in Section 16 (U.S. Arbitration) that do not fall under the binding arbitration clause.
We may modify this Agreement from time to time. We will notify you by email, through the App, or by presenting you with a new version of the Agreement for you to accept if we make modifications that materially change your rights. Your continued use of the App after the effective date of an updated version of the Agreement will indicate your acceptance of the Agreement as modified.
Privacy Policy. To learn more about how we collect, use, and protect your personal data, please review our Privacy Policy, which forms an integral part of these Terms of Use.
If you are a resident of the European Economic Area (EEA), the United Kingdom, or other regions with laws governing data collection and use, you may have rights under applicable data protection laws, including the right to request access to and correction or deletion of your personal data, or to object to or restrict certain processing activities.
If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA), including the right to request information about the collection, use, and disclosure of your personal information.
SERVICE
TL;DR: We provide eSIM-based mobile Internet connectivity service through Bundles, delivered via subscriptions or top-ups. We operate the Service through partner carriers and are not a telecommunications operator ourselves.
Municorn Limited provides the eSIM-based mobile connectivity service (“Service”), which enables you to access global mobile Internet data through prepaid mobile data services (“Bundles”) made available to you within the App or Web by purchasing a subscription, a top-up, or other purchase options.
Our eSIM App allows you to access and manage the Service, monitor data consumption, and manage your eSIM profiles. The range of Services provided will depend on the selected plan or data package.
Municorn Limited provides the Service through partner carriers. Municorn Limited is not itself a licensed telecommunications operator.
ELIGIBILITY
TL;DR: Use of the App is restricted to users aged 13 and above globally, and 16 and above for EEA and UK users. If you become aware of an underage user, please contact our support team.
General age limitation. eSIM App is not intended for or directed at children under 13, and we do not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to use eSIM App.
If you are a parent or guardian and believe we have collected information from your child who is under the age of 13, please contact us via the support chat in the App or on our Website. If the chat is unavailable, you may contact us by email at esim-support@municorn.com.
Age limitation for EEA and UK individuals. You must be at least 16 years old in order to use eSIM. We do not allow use of eSIM App by EEA and UK individuals younger than 16 years old. If you are aware of anyone younger than 16 using eSIM App, please contact us via the support chat in the App or on our Website. If the chat is unavailable, you may contact us by email at esim-support@municorn.com, and we will take the required steps to delete the information provided by such persons.
NO CALLS AND TEXTING (INCLUDING 9-1-1) CAPABILITIES
TL;DR: The App provides mobile data connectivity only — it does not support voice calls or SMS. We are not liable for any inability to reach emergency services through the App.
eSIM App does not feature the services of a mobile phone. You cannot make emergency calls or send SMS messages using the Services, only global mobile data usage.
However, if you have a mobile cellular device, you may be able to access 9-1-1, or 112 for Europe, emergency services from the hardware of your cellular device. You acknowledge and understand that eSIM App will not be liable for any inability to access 9-1-1, or 112 for Europe, emergency services through the Services.
THE CUSTOMER ACKNOWLEDGES AND AGREES THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, ESIM APP, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS WILL NOT BE LIABLE FOR ANY INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING IN ANY WAY TO THE NON-PROVISION OF 9-1-1, OR 112 FOR EUROPE, CALLING/TEXTING CAPABILITIES THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY INABILITY ON THE PART OF YOU OR OTHER USERS TO ACCESS 9-1-1, OR 112 FOR EUROPE, EMERGENCY SERVICES, AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ESIM APP, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS FROM ANY LIABILITIES, CLAIMS, DAMAGES, LOSSES ARISING DIRECTLY FROM THE NON-PROVISION OF 9-1-1, OR 112, CALLING/TEXTING CAPABILITIES THROUGH SERVICES.
YOUR USE OF THE SERVICE
TL;DR: You may only use the Service for lawful personal purposes. The prohibited actions listed below constitute a material breach of this Agreement and may result in immediate termination of your access.
Any content you submit through eSIM App is governed by our Privacy Policy.
General limitations. Our Service is designed to be flexible and user-friendly. However, in order to maintain platform stability, ensure fair use, and prevent abuse or fraudulent activity, technical limitations may be applied automatically in certain cases. The Service is intended for ordinary personal use of mobile data and connectivity services.
The criteria triggering these measures include, but are not limited to: suspected fraud (including payment fraud or identity misuse), abuse of the Service, violations of applicable terms or law, usage patterns exceeding reasonable personal use, or security threats.
For security and anti-fraud reasons, specific numerical thresholds for technical limitations are not disclosed, as this could undermine their effectiveness.
If you believe your activity was mistakenly flagged or a measure was applied in error, please contact our Support team via support chat in the App or on the Website. If the chat is not available, you can contact us by email at esim-support@municorn.com. We will review your request and, where appropriate, restore full access.
Use of Service. As a condition of using the Services, you agree not to use the eSIM App for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services, and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree that if you take any of the following actions, you will be materially breaching this Agreement, and you agree that you SHALL NOT:
resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to eSIM App;
modify, reverse engineer, decompile, or disassemble eSIM App;
copy, adapt, alter, modify, translate, or create derivative works of eSIM App without the written authorization of us;
permit other individuals to use eSIM App, including but not limited to shared use via a network connection, except in accordance with these Terms of Use;
circumvent or disable any technological features or measures in eSIM App for protection of intellectual property rights;
use eSIM App in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;
use or access eSIM App to compile data in a manner that is used or usable by a competitive product or service;
use your eSIM App account to engage in any illegal conduct;
use the Service in connection with chain letters, junk email, pyramid schemes, illegal or unethical testimonials, cross soliciting, money games, spamming or any duplicative or unsolicited faxes (commercial or otherwise), including unsolicited faxes as set forth under the Telephone Consumer Protection Act (“TCPA”), the EU Directive 2002/58/EC (ePrivacy Directive) and the Privacy and Electronic Communications Regulations (PECR);
create a false identity or forged email, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
harvest or otherwise collect information about others, including email addresses, without their consent;
upload or transmit any communications that infringe or violate the rights of any party;
access eSIM App’s privacy API by means other than those permitted by eSIM App;
upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms of Use, and our Privacy Policy;
libel, defame or slander any person, or infringe upon any person's privacy rights;
crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with eSIM App's express consent);
interfere with another user’s use and enjoyment of the Service or another entity's use and enjoyment of similar services; or
upload any material that contains software viruses or any other computer code, files, or programs that are malicious, technologically harmful, or designed to interrupt, destroy, or limit the functionality of any computer software or eSIM App;
Any such forbidden use shall immediately terminate your licence to use the Services.
We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe you have breached these Terms or pose a risk to the security or integrity of the Service. Upon termination, all rights granted to you under these Terms will immediately cease, and you must stop all use of the Service.
Since eSIM App is only a facilitator of communication services, we may not guarantee or warrant that the content transmitted through the Service will not involve unsolicited commercial communication. You may occasionally receive unsolicited content. We will use our best effort to keep any unsolicited material from third parties to a bare minimum. By using our Service, you expressly agree and understand that you may receive unsolicited content.
PROHIBITED CONTENT AND USAGE RESTRICTIONS
TL;DR: You are solely responsible for any content you upload and must ensure it does not violate third-party rights or applicable law. The Service may not be purchased or activated in the UAE.
Users of eSIM App are prohibited from accessing restricted websites, downloading and uploading illegal content, or engaging in any activities that violate local, state, national, and international laws and regulations and any applicable regulatory codes.
We reserve the right to suspend or terminate accounts involved in such behavior and cooperate with law enforcement as required. Users may also be temporarily blocked if such violations are suspected.
Responsibility for the content. You are solely responsible for any content uploaded with the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to upload any content with the Service, that the content will not violate any rights of any third party (including intellectual property rights or rights of publicity or privacy), and will not violate any applicable law, rule, regulation, or the terms of service of any other platform.
Use in the United Arab Emirates (UAE). Our Services, including eSIM activation, data packages, and any related functionalities, are not intended for purchase, activation, or use within the United Arab Emirates (UAE). By using the eSIM App, you confirm that:
you are not purchasing or activating your eSIM while physically located in the UAE;
you understand and agree that our Services are only permitted for activation and use in jurisdictions where such digital telecommunications services are allowed without a local telecom license.
We do not market, promote, or distribute our services within the UAE, and we disclaim any responsibility for use that violates UAE local regulations.
LIMITED LICENCE
TL;DR: We grant you a personal, non-exclusive, non-transferable license to use the App for personal purposes only. All intellectual property rights in the App and its content remain ours.
We grant you a personal, worldwide, revocable, non-transferable, and non-exclusive license to access and use eSIM App for personal and non-commercial purposes in accordance with the Terms of Use.
You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer, or sell any text, graphics, logos, and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from eSIM App without prior express written permission from us which may be withheld for any or no reason.
You further agree not to download, display or use any content on eSIM App that is provided by us or its licensors located on the eSIM App for use in any publications, in public performances, on websites for any other commercial purpose, in connection with products or services that are not those of us, in any other manner that is likely to cause confusion among consumers, that disparages or discredits us and/or its licensors, that dilutes the strength of us or its licensor's property, or that otherwise infringes us or its licensors’ intellectual property rights. You further agree to in no other way misuse any content published by us or third-party content that appears on eSIM App.
All rights, title, and interest in and to eSIM App not expressly granted in the Terms of Use are reserved by us. If you wish to use our software, title, trade name, trademark, service mark, logo, domain name, and/or any other identification with notable brand features or other content owned by us, you must obtain written permission from us. Permission requests must be sent to esim-support@municorn.com.
To avoid any doubt, we own all the text, images, photos, audio, video, location data, software, code, and all other forms of data or communication that we create and make available in connection with eSIM App, including but not limited to visual interfaces, interactive features, graphics, design, and the compilation of aggregate user review ratings and all other elements and components of eSIM App, excluding user content (collectively referred to herein as the “Company Content”). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to eSIM App and Company Content are retained by us.
EXPORT AND ECONOMIC SANCTIONS CONTROL
TL;DR: You confirm you are not located in a sanctioned country and agree to comply with all applicable EU and U.S. export control laws and regulations.
The software that supports eSIM App may be subject to EU and U.S. export and re-export control laws and regulations, including the Regulation (EU) 2021/821, the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You represent and warrant that you are (1) not located in any country or region that is subject to a U.S. government embargo, and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither eSIM App nor any technical data related thereto nor any direct product or products derived from or based on such technology received from eSIM App under these Terms of Use thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by such laws and regulations.
COPYRIGHT INFRINGEMENT
TL;DR: You may report copyright infringements under EU or U.S. law using the procedures set out below. Accounts of repeat infringers may be terminated.
Notice-and-Action, under Directive 2000/31/EC: You may notify us of alleged copyright or other intellectual property infringements in accordance with Directive 2000/31/EC (the E-Commerce Directive) and its national implementations. Please provide sufficient information to identify the material and your rights in it. We will review and, where appropriate, remove or disable access to the material in an expeditious manner.
Notice-and-Takedown, under DMCA §512(c)(3): If you believe any materials accessible on or from eSIM App infringe your copyright, you may request removal of those materials (or access thereto) from eSIM App by contacting us and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location of an authorised version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number, and (if available) e-mail address.
A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of eSIM App who are repeat infringers.
To report a copyright or intellectual property infringement or for any questions regarding Directive 2000/31/EC (E-Commerce Directive) or DMCA §512, you may contact us at: esim-support@municorn.com.
BILLING, PAYMENTS, AND CANCELLATION
TL;DR: The Service is provided through Bundles purchased under a subscription plan or as a one-time top-up. This section also covers payment processing via Stripe, free trials, special offers, refund procedures, price and tax changes, and how to cancel.
| Billing Cycle | means the recurring period over which a Subscription is billed. The length of a Billing Cycle depends on the Subscription package you select at the point of purchase. |
| Bundle | means the prepaid package of mobile data and/or related services provided to you under a Subscription or as a one-time Top-Up purchase. |
| Subscription | means a recurring mobile data paid plan offered through the App or Web that entitles you to the periodic delivery of Bundles in accordance with the plan you select. |
| Top-Up | means a one-time, non-recurring purchase of a Bundle. |
Billing. We provide an eSIM-based mobile connectivity Service that enables access to mobile Internet through Bundles. Bundles may be included in a subscription plan or purchased separately as one-time top-ups.
The App itself is available free of charge. To access mobile Internet services, you may purchase a subscription or top-up through the App.
Subscriptions
Subscriptions are billed in advance on a recurring basis unless cancelled. The length of each Billing Cycle depends on the subscription plan you select at the time of purchase.
A subscription entitles you to the recurring delivery of a Bundle (a defined set of in-app data and/or features) on a regular basis according to the plan you select.
You may purchase the subscription by paying a subscription fee and applicable taxes in advance on a monthly basis or another recurring interval disclosed to you prior to your purchase.
Top-Ups
Top-Ups are one-time purchases of Bundles that may be used in parallel with an active subscription.
Available subscription plans, top-ups, and promotional offers may vary by location and may change from time to time.
For more information, please visit our Billing and Refund Policy.
Payment Processing. Payments will be processed through supported payment processors, including Stripe and payment orchestration partners, where available. By completing your payment, you agree to the terms of the selected payment provider.
Payments processed via Stripe are subject to the respective terms of service and privacy policy of this payment provider. We recommend reviewing Stripe's Terms of Service for detailed information. Upon completion of your purchase, we will provide you with an electronic receipt or other confirmation of purchase, as required by applicable law.
Free Trial. We may, at our sole discretion, offer a free trial of the Service for a limited period of time ( “Free Trial”). At the end of the Free Trial period, unless you cancel the relevant offering at least 24 hours before the renewal date, you will be automatically charged the applicable fees for the paid offering associated with your Free Trial. Where the associated paid offering is a subscription, it will continue to renew on a recurring basis in accordance with its terms until cancelled.
Special Offers. From time to time, we may offer promotions, discounts, early access, or other special offers in connection with marketing of the Service. Such promotions may be subject to additional terms, eligibility requirements, time limitations, or availability restrictions, which will be disclosed at the time of the offer.
We reserve the right to modify or withdraw any promotion at any time to the extent permitted by applicable law.
Any marketing communications related to such promotions will be sent to you in compliance with applicable data protection laws and our Privacy Policy.
Special offers, including introductory or promotional pricing (such as discounted access to full functionality), are intended for ordinary personal use only. Usage of such offers is subject to Your Use of the Service provisions described in Section 5.
Billing and Refund Policy. For assistance with refunds, please contact our Support team via the support chat in the App or on our Website. If the support chat is unavailable, you may contact us by email at esim-support@municorn.com in accordance with our Billing and Refund Policy.
Price and tax changes. We may, from time to time, make changes to the subscription, including recurring subscription fees, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the subscription after the price change takes effect, you acknowledge and accept the new price. If you don’t agree to a price change, you can reject the change by unsubscribing from the applicable subscription prior to the price change going into effect.
Tax rates or other fees are based on the rates applicable at the time of purchase the applicable charge, including monthly, periodic, and/or one-time charges. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any changes in tax rate will be automatically applied based on the account information you provide.
If payments are made in a currency other than USD, the final amount charged may also vary due to fluctuations in exchange rates and any conversion applied by the payment processor or financial institution at the time of the transaction.
Renewal and Cancellation. Subscription automatically renews unless auto-renewal is turned off at least 24 hours before the end of the current period.
To comply with the FTC's rules, we ensure that cancelling your subscription is as simple as signing up.
You can cancel your subscription at any time by following these steps in your Stripe account: Settings => Manage Subscription => Cancel Subscription => Subscription is canceled.
For any questions or assistance with the cancellation process, contact our Support team via the support chat available in the App or on our Website. If the support chat is unavailable, you may contact us by email at esim-support@municorn.com. Our Support Team may request additional information to verify your identity and account details and, where appropriate and in accordance with our policies, may process refund requests on your behalf following successful verification.
Disputes and Liability. Payments processed through third-party payment providers, including Stripe, are subject to the terms and policies of the respective payment provider. While we may assist in facilitating communication or providing relevant transaction information, any payment-related disputes may also need to be addressed with the applicable payment provider. Our responsibility is limited to the operation of our platform and the initiation and status of transactions within it, and we do not assume liability for issues arising solely from the processing activities of third-party payment providers.
For more details on billing, renewals, cancellations, and refunds, please read our Billing and Refund Policy.
INDEMNIFICATION
TL;DR: You agree to defend and hold us harmless from any claims, liabilities, or legal fees arising from your violation of these Terms.
You agree to defend, indemnify, and hold us, our officers, directors, employees, agents, affiliates, representatives, licensors, suppliers, partners, advertisers, and content providers (together referred to as “eSIM App Parties”), harmless from and against any claims, actions, demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of or resulting from, or alleged to result from your violation of these Terms of Use.
LIMITATION OF LIABILITY; WAIVER
TL;DR: Our total liability to you is capped at USD 100. We exclude liability for a broad range of direct and indirect losses to the extent permitted by applicable law.
Under no circumstances will the eSIM App Parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to:
the Service;
the eSIM App content;
user content;
your use of, inability to use, or the performance of the service;
any action taken in connection with an investigation by the eSIM App parties or law enforcement authorities regarding your or any other party's use of the service;
any action taken in connection with copyright or other intellectual property owners;
any errors or omissions in the service's operation; or
any damage to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the Service).
In no event will the eSIM App Parties be liable to you or anyone else for loss, damage or injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will the eSIM App parties’ total liability to you for all damages, losses or causes of action exceed one hundred United States dollars ($100.00).
You agree that in case that you incur any damages, losses or injuries that arise out of eSIM App's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by the eSIM App Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service, or other content owned or controlled by the eSIM App Parties.
RELEASE
TL;DR: You waive unknown or unsuspected claims under California Civil Code §1542. EU, EEA, and UK users retain all mandatory consumer protection rights.
By accessing the Service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
For users in the European Union, European Economic Area, and the United Kingdom, this clause shall not limit or exclude any rights you have under EU or national consumer-protection laws, including Directive 93/13/EEC on unfair contract terms, Directive (EU) 2019/770 on digital content, and related national legislation. To the extent required by such laws, this clause shall apply only to the maximum extent permitted by mandatory legal provisions.
eSIM App is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties, to the extent permitted by applicable law.
DISCLAIMERS
TL;DR: The App is provided “as is” without warranties of any kind. We are not liable for third-party content, network coverage issues, or unmet user expectations, subject to applicable statutory rights.
We do not control, endorse or take responsibility for any third-party content linked to eSIM App. You acknowledge sole responsibility for and assume all risks arising from your use of any third-party websites or resources. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
Your use of eSIM App is at your sole risk. eSIM App is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that eSIM App is accurate, complete, reliable, current or error-free, free of viruses or other harmful components. You assume the entire risk as to the quality and performance of eSIM App within your use.
Municorn Limited is not liable if the Service fails to meet the customer’s expectations or if there are issues with third-party network coverage or speed.
This clause does not affect your statutory rights regarding the conformity of digital services under applicable EU or national consumer-protection laws.
THIRD-PARTY SERVICES AND LINKS
TL;DR: You are solely responsible for interactions with other users and for the use of any third-party applications connected to the Service. We have no liability for third-party conduct or data disclosures.
You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that eSIM App is not responsible or liable for the conduct of any user. eSIM App reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post content or any personal or other information.
You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, a "Third-Party Application") and such Third-Party Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Third-Party Applications, you acknowledge and agree to the following:
if you use a Third-Party Application to share information, you are consenting to information about your profile on the Service being shared;
your use of a Third-Party Application may cause your personal data to be publicly disclosed and/or associated with you, even if eSIM App has not itself provided such information; and
your use of a Third-Party Application is at your own option and risk, and you will hold the eSIM App Parties (defined below) harmless for activity related to the Third-Party Application.
U.S. ARBITRATION
TL;DR: U.S. residents agree to resolve disputes through binding individual arbitration and waive the right to participate in class actions. You have 30 days from acceptance to opt out.
FOR UNITED STATES RESIDENTS ONLY: Please read the following Section carefully because it requires you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or we seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or we seek injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and we waive your rights to a jury trial and to have any dispute arising out of or related to these Terms of Use or us resolved in court. Instead, all disputes arising out of or relating to these Terms of Use or us will be resolved through confidential binding arbitration held in Santa Clara County, California in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and we agree that any dispute arising out of or related to these Terms of Use or us is personal to you and us and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and we agree that these Terms of Use affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms of Use and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and we agree that for any arbitration you initiate, you will pay the filing fee and we will pay the remaining JAMS fees and costs. For any arbitration initiated by us, we will pay all JAMS fees and costs. You and we agree that the state or federal courts of the State of California and the United States sitting in Santa Clara County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR US MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND WE WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by notifying us in writing. The notification must be sent to esim-support@municorn.com under the subject “Arbitration Opt-out”.
In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 17: Governing Law below.
Note for users outside the United States: This arbitration clause does not apply to you. Disputes shall be governed by the laws of the Republic of Cyprus and may be brought before the competent courts of Cyprus, without prejudice to any mandatory consumer protection rights that allow you to bring proceedings in your country of residence.
GOVERNING LAW
TL;DR: These Terms are governed by the laws of the Republic of Cyprus. Unless U.S. arbitration applies, disputes are resolved in the courts of Cyprus.
These Terms of Use and any claim, controversy or dispute arising out of or related to these Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Cyprus without giving effect to any conflicts of law provision. The courts of the Republic of Cyprus shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use (including any non-contractual disputes or claims), unless settlement by means of arbitration under Section 16: U.S. Arbitration applies. To the extent permissible, the United Nations Convention on Contracts for the International Sale of Goods will not apply.
If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. eSIM App's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. This dispute resolution App provision will survive the termination of any or all of your transactions with eSIM App.
ADDITIONAL TERMS APPLICABLE TO IOS DEVICES
TL;DR: If you use the App on an Apple iOS device, Apple is not a party to these Terms and has no maintenance, support, or warranty obligations. Municorn Limited is solely responsible for the App.
The following terms apply if you use eSIM App on any device that contains the iOS mobile operating system (“iOS App”) developed by Apple Inc. (“Apple”).
Acknowledgement. You acknowledge that these Terms of Use are concluded solely between you and us, and not with Apple. We are solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the usage rules for the Apple App Store terms of service as of the date you download the iOS App, and in the event of any conflict, the usage rules in the Apple App Store shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Apple usage rules.
Scope of License. The license granted to you is limited to a non-transferable license to use the iOS App that you own or control as permitted by the Apple usage rules set forth in the Apple App Store terms of service.
Maintenance and Support. You and us acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App.
Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the iOS App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App. You and we acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of us. However, you understand and agree that in accordance with these Terms of Use, we have disclaimed all warranties of any kind with respect to the iOS App, and therefore, there are no warranties applicable to the iOS App.
Product Claims. You and we acknowledge that as between Apple and us, we, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (i) product liability claims, (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. You and we acknowledge that, in the event of any third-party claim that the App or your possession and use of the iOS App infringes third-party’s intellectual property rights, us, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted persons.
Developer Contact Details. Any questions, complaints or claims with respect to the iOS App should be directed to our Support team via the support chat available in the App or on our Website. If the support chat is unavailable, you may contact us by email at esim-support@municorn.com.
Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the iOS App.
Third-Party Beneficiary. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof).
MISCELLANEOUS
TL;DR: These Terms constitute the entire agreement between you and us. Standard provisions on severability, no waiver, force majeure, and assignment restrictions also apply.
These Terms of Use constitute the entire agreement between you and us relating to eSIM App and your use of eSIM App, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between us and you relating to eSIM App and your use of eSIM App.
The language of these Terms of Use is English only.
You hereby irrevocably waive any law applicable to you requiring that these Terms of Use shall be localized to meet your language (as well as any other localization requirements), or requiring a delivery or retention of non-electronic records.
The failure of us to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of such right or provision. The waiver of such right or provision will be effective only if in writing and signed by a duly authorized representative of us.
Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise.
If any provision of these Terms of Use is held invalid and unenforceable (either by an arbitrator appointed pursuant to the terms of Section 16: U.S. Arbitration above or by a court of competent jurisdiction), that provision will be enforceable to the maximum extent permissible, and the other provisions of these Terms of Use will remain in full force and effect. The Section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
Except as otherwise provided herein, these Terms of Use are intended solely for the benefit of you and we and are not intended to confer third-party beneficiary rights upon any other person or entity.
You may not assign or transfer your rights under these Terms of Use, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer your rights under these Terms of Use, without such consent, will be null and of no effect. We may freely assign or transfer our rights and obligations under these Terms without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors, and permitted assigns.
We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, embargoes, strikes, power or internet outages, or failures of third-party providers.
These Terms of Use, together with our Privacy Policy constitute the entire agreement between you and us regarding the use of the Service and supersede all prior or contemporaneous agreements, communications, and understandings, whether oral or written.
HOW TO CONTACT US
TL;DR: Reach out to us via the support chat, by email, or by post at our registered address.
If you have any questions or concerns about these Terms of Use, please contact us:
Via support chat: available in the App or on our Website.
By email: esim-support@municorn.com
Postal Address:
Municorn Limited
Zinas Kanther 26 Agia Triada, Limassol CY 3035