Terms of service

This Agreement was last modified on 10 December 2023.

1. Definitions

“ESIM2TRIP”, “ESIM2JAPAN”, “EASYESIM”, and “ESIMEASE” (“ESIM2TRIP” hereinafter) are a trading name of ESIM2TRIP.com operated under the laws and regulations of Japan.

In these terms of service, a reference to “we”, “our” or “us” means ESIM2TRIP.com, and a reference to “you” or “your” means the person who purchased a Plan from our website.

eSIM means an Embedded Subscriber Identity Module delivered electronically supplied by a Carrier or Supplier for the purposes of using Mobile Data services on a Compatible Mobile Device.

Activation (and Activated) means registering your eSIM onto a mobile network for the first time for a Plan, or Plans, purchased for the country in which Activation occurs.

Compatible Mobile Device means a device which supports eSIM without a physical SIM.

Mobile Data means mobile carrier network access, including 4G, LTE, and 5G, providing access to the internet.

Plan means the Mobile Data service such as “3 days unlimited mobile data access” you purchased from us via our website.

Data Allowance means the amount of data such as 10KB, 10MB, or 20GB allowed to be transmitted through Mobile Data with or without charge.

Speed Limit means limited transmitting speed per second such as 128Kbps, 320Kbps, or 1Mbps.

Consumer means a natural person entering into these terms and/or using Mobile Data services outside their business, trade, or profession.

Fair Usage Policy means a policy utilized by carriers to ensure that everyone has the best experience using the internet service through Mobile Data, which includes Speed Limits in specific times and locations.

Malware means any program or file including computer viruses, worms, Trojan horses, ransomware, and spyware that is intentionally harmful to a device, computer, network, or server.

Law enforcement authority means any person or entity with relevant statutory jurisdiction over you, us, or the Mobile Data service.

 

2. Plans

You have the right to cancel your Plan, providing you do so within fourteen (14) days of purchase and have not shipped and Activated your Plan or Plans. Notwithstanding the foregoing, all Plans in eSIM format will not be available to cancel, reissue or refund once it’s purchased unless it’s failed to issue or generate.

Any Plans which are not Activated within the validation date shall expire without any refund to you. If your Plan expires, you will lose the remaining balance of Data Allowance.

We, including suppliers and carriers, will use reasonable efforts to inform you by e-mail and SMS (to your eSIM) when you have used specific percentages of Data Allowance, and when Data Allowance is exhausted in your Plan.

Any inclusive Data Allowance in your plan is valid only for use in the countries specified when you purchased your Plan.

Fair Usage Policy will be subject to all Plans without any prior notice.

 

3. Use of our Mobile Data service

You may use our Mobile Data service (“the Service” hereinafter”) for your personal use or non-commercial.

The Service is a Mobile Data service only and does not support voice calling or access to emergency services. The Service depends on coverage from our local network partners, which is not guaranteed nor is the Mobile Data service itself guaranteed to be fault-free or free from interruptions. The quality of the Service is affected by several factors such as population density, usage of Mobile Data by others, terrain, distance from the nearest access spot, atmospheric conditions, and Fair Usage Policy.

All your usage of the Mobile Data service will be debited from your inclusive data allowance, regardless of how that allowance was consumed (which, for the avoidance of doubt, includes any usage caused by Malware). You are strongly advised to keep your device secure (for example, but not limited to, preventing accidental or malicious pairings).

We take all possible precautions to ensure secure use of the Service. However, we are not responsible for intruding, hacking, destroying, or any unauthorized access to the Service through your Compatible Mobile Device. Neither can we be responsible for potential intrusions or hacks of your Compatible Mobile Device.

We may close, suspend, or restrict your access to the Service at any time and without any warning in advance if you violate any of the following policies or if we are required to do so to ensure compliance with regulatory or Law enforcement authority.

  1. You shall use the Service with devices approved for use with the Service and all relevant laws and regulations are followed.
  2. You shall not use the Service for anything unlawful, immoral, or improper.
  3. You shall not use the Service to make offensive or nuisance communications in whatever form.
  4. You shall not use the Service to send, receive, upload, download or otherwise facilitate any material which is offensive, indecent, defamatory of a menacing nature, a nuisance, a breach of privacy, an infringement of copyright or any other intellectual property right or otherwise unlawful.
  5. You shall not use the Service to access or use material in a way that infringes the rights of others.
  6. You comply with the Fair Usage Policy applicable to your use of the Services and if you are in breach of that policy you comply with any reasonable instructions that we issue to you to enable you to remedy that breach and to continue to use the Service.
  7. You must not operate, whether directly or through a third party, any device to route or re-route voice, data, or other Services on, from or to the network, including but not limited to:
    i) a GSM Gateway, commonly known as a ‘SIM farm’ or ‘SIM box’
    ii) illegal repeaters (a device to boost coverage which is unlicensed and used without our express prior written consent)
  8. You must not sell or attempt to sell or otherwise provide commercial services using our Services to any third party without our express prior written consent.
  9. You, or anyone who uses your eSIM, must not damage the network or put the network or the integrity of the Service at risk, or abuse or threaten our staff

 

4. Terms

We may amend this Agreement from time to time by posting a revised version on our website and email notification in advance. The new revision will be effective at the effective date and time we notify you in the posting and email.

If you are a Consumer, and you object to any changes in these terms, except for any changes are simply administrative, including those required by law or by any Law enforcement authority, or beneficial to you, you may terminate this agreement in writing and receive a partial or full refund of any remaining Plan(s).

 

5. Limited Liability

Except as otherwise expressly stated in these terms, in no event shall we be liable to you or any other third party for exemplary, incidental, indirect, special, punitive, or consequential damages of any kind, including without limitation loss of profit, loss of use, savings or revenue, arising out of these terms.

The exclusions and limitations described above shall not apply where mandatory laws do not allow such exclusions or require higher limits. In such circumstances, the minimum limits prescribed by law shall apply.

We will not be liable to you if we cannot carry out our duties or provide Services because of something beyond our control.

We will not be responsible for any harm you suffer from Malware which infiltrates your devices, whether it was transmitted via the Mobile Data services or otherwise. You remain responsible for all Charges, if applicable, to your Account(s) for the use of any Services activated by such Malware.

 

6. Suspension of the Mobile Data service

We may suspend the Service or terminate this agreement and disconnect any eSIM from our network without warning.

  1. Or, our partners or our carriers’ network breaks down or needs maintenance.
  2. You or anyone who uses your Plan does not keep to these terms and conditions, or any other agreement with us.

Any period of suspension shall count against the period of any Plan.


The rights that we have under clause 6 are in addition to the other rights that we must suspend and/or terminate the Service and/or suspend or terminate these terms as set out in clause 3 of this agreement.

 

7. Your Right to Terminate this Agreement

You may terminate this agreement at any time, such notice of termination shall come into effect on the last day of the validity period of any Plans you have purchased. Termination does not give rise to any right for a credit for unused allowances (save where terminated in accordance with point 4 of these terms).

Notwithstanding the foregoing and any other provision contained herein, clause 5, Limited Liability shall remain in effect and shall survive the termination of these terms.

 

8. Our Right to Terminate this Agreement

We can terminate this Agreement immediately without any refund owing to you if you violate an important condition of these terms or several less important conditions, or we are required to do so by Law enforcement authority.

We can terminate this Agreement immediately, and shall, within a reasonable timeframe, refund to you any Plan or Plans which are not Activated in full, or a reasonable partial amount for any Plan or Plans which are Activated but neither expired nor fully used if we are required to do so by Law enforcement authority or we are unable to provide the Service in the country or countries specified for a given Plan or Plans.

 

9. Failures and Outrages

You acknowledge that the Service is dependent on providers’ or carriers’ network that are not under our control. You acknowledge that the Service will not be liable for any outages of the Service due to a service interruption caused by any of our providers or carriers.

 

10. Force Majeure

We will not be liable for delays in performing our obligations, or failure to perform any such obligations under these terms, if the delay or failure results from circumstances beyond our control, including but not limited to, an Act of God, fire, storms, floods, governmental act, war, invasion, civil unrest, labor strikes, failures of transportation or energy.

 

11. Intellectual Property

You agree not to use our or our providers’ and carriers’ logo, trademark, or any derivative thereof, in any fraudulent or misleading manner.

 

12. Personal Information

We will use your personal information in accordance with these terms and our privacy policy.

We will use your personal information for providing the Service, administration of your Account and billing, advertising, marketing, research, analytics, customer services, tracking the devices you are using on our network and web use and profiling your preferences. We may disclose your information to our service providers, carriers, and agents to help us with these purposes. We will keep your information for a reasonable period after your contract with us has finished in case you decide to use our services again and may contact you about your services during this time.

You agree that we and our business partners can use your personal information, including information about your use of our network, the Service and related products, and the location of the devices you are using on our network, to tell you about products, services or promotions offered by us and third parties that may be of interest to you and for research and analytics purposes. We may contact you by email, telephone, electronic messaging (including but not limited to SMS and MMS) or online or via any other interactive media. Please see our privacy policy on our website for further details.

We may transfer your personal information to countries outside of Japan, which do not always provide the same level of data protection as Japan, for the purposes of providing you with our Services. If we do make such a transfer, we will put a contract in place with our service providers including security obligations on them to ensure your information is protected in accordance with laws and regulations of Japan.

We will carry out any activity or disclosure of your personal information to comply with our legal and regulatory requirements, for law enforcement purposes and to detect, prevent or investigate crime, fraud, and misuse of or damage to our network or the Service.

Your personal information, which you enter on a third party’s website such as payment plugin, social media, or other accounts to log in to the website, will be shared with the owner of that third-party website. Also, your information may be subject to the privacy policies as well as the terms of us of such third-party website.

 

13. Miscellaneous

You need to get our explicit consent before You can transfer or try to transfer any of your rights and responsibilities under these terms. We may transfer any of ours without your permission, provided the level of service you currently experience is not materially reduced as a result.

We can record any conversations between you and our staff including archiving any live text chats or e-mails.

Any concession or extra time that we allow you only applies to the specific circumstances in which we give it. It does not affect our rights under these terms in any other way.

If a point or condition of these terms is not legally effective, the remainder of these terms shall be effective. We can replace any point or condition that is not legally effective with a point or condition of similar meaning, that is.

These terms shall be governed by and construed in accordance with the laws of Japan.

These Terms of Service were written in English. If you are reading a translation and it conflicts with the English version of these Terms of Service, eh English version shall take precedence as the authoritative and correct version.

Released on 10-Dec-2023
Effective from 1-Feb-2024