Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" will refer to both you and the organization.

If you do not agree to these Terms, you must not access or use the Service.

2. Definitions

For the purposes of these Terms:

• "Service" refers to RoamFree's eSIM and mobile top-up services, including our website, mobile applications, and related services.
• "User," "you," or "your" refers to the individual or entity accessing or using the Service.
• "Account" refers to your registered account with RoamFree.
• "eSIM" refers to an embedded SIM card that allows you to activate a cellular plan without a physical SIM card.
• "Top-up" refers to the service of adding credit to a mobile phone account.
• "Content" refers to all information, data, text, software, graphics, and other materials available through the Service.
• "Third-Party Services" refers to services provided by telecommunications partners, payment processors, and other third parties.

3. Eligibility and Account Registration

3.1 Age Requirement

You must be at least 18 years old to use our Service. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

3.2 Account Registration

To access certain features of the Service, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

3.3 Account Security

You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

4. Service Description

RoamFree provides:

• eSIM Services: Digital SIM cards that enable cellular connectivity in various countries without physical SIM cards
• Mobile Top-Up Services: Prepaid mobile credit top-up services for various carriers and countries
• Account Management: Tools to manage your eSIMs, top-ups, and account settings
• Customer Support: Support services to assist with service activation and troubleshooting

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We do not guarantee that the Service will be available at all times or in all locations.

5. User Obligations and Acceptable Use

5.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Service for any illegal, fraudulent, or unauthorized purpose
• Interfere with or disrupt the Service or servers connected to the Service
• Attempt to gain unauthorized access to any portion of the Service
• Transmit any viruses, malware, or other harmful code
• Use automated systems (bots, scrapers) to access the Service without permission
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Collect or harvest information about other users without their consent
• Use the Service to send spam, unsolicited messages, or communications
• Resell, redistribute, or sublicense the Service without our written permission

5.2 Device Compatibility

You are responsible for ensuring that your device is compatible with eSIM technology and meets the requirements for using our Service. We are not responsible for device compatibility issues or limitations.

5.3 Compliance with Local Laws

You are responsible for complying with all local laws and regulations in the countries where you use our Service. Some countries may have restrictions on eSIM usage or mobile services.

6. Purchases, Payments, and Refunds

6.1 Pricing

All prices for eSIM plans and top-up services are displayed in the applicable currency and are subject to change without notice. Prices may vary based on country, data amount, and duration. We reserve the right to correct pricing errors, even after an order has been placed.

6.2 Payment Terms

By making a purchase, you agree to:

• Provide valid payment information
• Authorize us to charge your payment method for the full amount
• Pay all applicable taxes and fees
• Accept that payment processing is handled by third-party payment processors

All payments must be made in advance. We accept major credit cards, debit cards, and other payment methods as displayed on our Service.

6.3 Service Activation

eSIM activation typically occurs within minutes of purchase, but may take up to 24 hours in some cases. Top-up services are typically delivered instantly, but delivery times may vary. We are not responsible for delays caused by telecommunications partners or network issues.

6.4 Refund Policy

Refund eligibility is determined on a case-by-case basis:

• eSIM Services: Refunds may be available if the eSIM fails to activate within 48 hours of purchase and the issue is not due to device incompatibility or user error
• Top-Up Services: Refunds are generally not available once a top-up has been successfully delivered to the recipient's phone number
• Unused Services: Refunds for unused portions of active eSIM plans are not available
• Processing Errors: Full refunds will be provided for orders that fail to process due to system errors on our part

To request a refund, please contact our customer support team at support@roamfree.io within 30 days of purchase. Refund requests are subject to review and approval.

6.5 Chargebacks

If you initiate a chargeback or dispute a payment, we reserve the right to suspend or terminate your account and may pursue collection of the disputed amount plus applicable fees.

7. Intellectual Property Rights

The Service and its original content, features, and functionality are owned by RoamFree and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble the Service
• Remove any copyright, trademark, or other proprietary notices
• Use our trademarks, logos, or brand names without our prior written consent

All rights not expressly granted to you in these Terms are reserved by RoamFree.

8. Warranties and Disclaimers

8.1 Service Availability

We strive to provide reliable service, but we do not guarantee that the Service will be uninterrupted, error-free, or available at all times. The Service is provided "as is" and "as available" without warranties of any kind.

8.2 Network Coverage

Network coverage, data speeds, and service quality depend on the telecommunications partners in each country. We do not guarantee specific coverage areas, speeds, or service quality.

8.3 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROAMFREE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Business interruption or loss of business opportunities
• Damages resulting from your use or inability to use the Service

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless RoamFree, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your infringement of any third-party rights
• Any content or information you submit or transmit through the Service

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in your account settings.

11.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice, if:

• You violate these Terms or our Privacy Policy
• You engage in fraudulent, illegal, or harmful activities
• We are required to do so by law or court order
• We determine that your use of the Service poses a security risk
• You fail to pay any fees owed to us

11.3 Effect of Termination

Upon termination:

• Your right to access and use the Service will immediately cease
• We may delete your account and associated data
• Any active eSIM plans may continue until their expiration date, unless terminated earlier by our telecommunications partners
• Provisions that by their nature should survive termination will remain in effect

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact us at legal@roamfree.io to attempt to resolve the dispute informally. We will make good faith efforts to resolve any disputes within 60 days.

12.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association (AAA), except where prohibited by law.

You and RoamFree agree to waive any right to a jury trial and to participate in class action lawsuits.

12.3 Exceptions

The arbitration requirement does not apply to:

• Claims for injunctive or equitable relief
• Small claims court actions (where applicable)
• Intellectual property disputes

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in [Your Jurisdiction].

Note: Please replace "[Your Jurisdiction]" with your actual jurisdiction (e.g., "Delaware, United States" or "England and Wales").

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on this page
• Updating the "Last updated" date
• Sending you an email notification (for significant changes)
• Displaying a prominent notice on our Service

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and may terminate your account.

15. Contact Information

If you have any questions about these Terms, please contact us:

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and RoamFree regarding the Service and supersede all prior agreements and understandings, whether written or oral.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by our authorized representative.