Terms of Service

Last Updated: 2025-03-06

1. Introduction and Acceptance of Terms

Welcome to Only eSIM! These Terms of Service (“Terms”) are a legally binding agreement between you (“you” or “User”) and So Close LLC (“Only eSIM,” “we,” “us,” or “our”), governing your access to and use of our eSIM services, mobile applications, and website (collectively, the “Service”). By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Service and should discontinue use immediately.

We may update these Terms from time to time. When we do, we will revise the “Last Updated” date above and, in some cases, may notify you by email or through the Service. Your continued use of Only eSIM after any changes to the Terms means you accept the updated Terms. It is your responsibility to review these Terms periodically for updates.

2. Description of the Service

Only eSIM provides prepaid eSIM (embedded SIM) data plans for mobile internet access in various countries and regions (“Data Plans”). Our Service allows you to purchase and download a digital SIM card (eSIM) to your compatible mobile device and use the allotted data during the validity period of the chosen plan. Please note: Only eSIM’s data plans are data-only; they do not support traditional voice calls or SMS, and cannot be used to call emergency services (e.g., 911). The Service is intended to help you stay connected for data needs while traveling or at home, but it is not a substitute for traditional mobile telephone services, especially for emergency calling.

Only eSIM may partner with third-party network operators or platform providers to deliver eSIM connectivity. In some cases, Only eSIM may resell data services provided by its authorized partners. We reserve the right to change or discontinue any Data Plan or the Service (or any part thereof) at any time in our sole discretion, with or without notice. All eSIM plans are provided on a pre-paid basis; you are not locked into any long-term contract and can choose to use or not use the Service at your convenience.

3. Account Registration and Eligibility

You may need to create an account or use our mobile app to purchase and manage Only eSIM plans. When registering, you agree to provide true, accurate, and complete information (such as your name, a valid email address, and payment details) and to keep it updated. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. If you believe your account has been compromised, please contact us immediately.

Eligibility: You must be at least 18 years old (or the age of legal majority in your jurisdiction) to use the Service. By using the Service, you represent that you meet this age requirement or that you have reviewed these Terms with your parent or legal guardian who consents on your behalf. The Service is not intended for use in any jurisdiction where such use would violate local law or regulation. If you choose to access or use Only eSIM while in a different country, you are solely responsible for compliance with all local laws applicable to your use of the Service.

Device Compatibility: By purchasing a Data Plan, you acknowledge that you have an unlocked, eSIM-compatible device, which is required to use Only eSIM. It is your responsibility to ensure your device is not carrier-locked or otherwise incompatible. If your device is incompatible or locked, the Service will not work for you, and you may be eligible for a refund under our Refund Policy (see Section 5).

4. Purchases, Fees, and Taxes

Purchasing Data Plans: You can browse available Data Plans (e.g., by country or region) through our app or website and select a plan to purchase. All charges for Data Plans are due upfront at the time of purchase. You authorize Only eSIM (or our authorized payment processors) to charge your provided payment method for the total amount displayed at checkout. Prices are typically listed in U.S. Dollars (USD) unless otherwise indicated. Prices include applicable taxes or fees unless stated otherwise, so the price you see is the price you pay. If any taxes (such as VAT or sales tax) are not included and are applicable, they will be calculated based on the information you provide (e.g., billing address) and added at checkout.

Third-Party Marketplaces: If you purchase an Only eSIM Data Plan through a third-party platform or marketplace (for example, through an authorized reseller or an app store), additional terms of that platform may apply. Purchases made through third-party resellers are subject to the reseller’s own refund and customer service policies; Only eSIM is not obligated to provide direct refunds or support for such purchases. We recommend reviewing the terms and policies of any third-party through whom you purchase our Service.

No Hidden Fees: Only eSIM does not charge any recurring subscription fees or additional activation fees. The price of the Data Plan is pre-paid and covers the data allowance and validity period specified. Once your data is exhausted or the plan period expires, the Service for that plan will terminate automatically. You would need to purchase a new plan to continue using data. We will not automatically charge you for any renewals unless explicitly stated for a specific promotional plan (and even then, we would obtain your consent).

5. Refund Policy

We strive for customer satisfaction and will consider refund requests on a case-by-case basis, in line with industry standards. Only eSIM’s refund policy is designed to be fair to users while protecting the company from abuse. In general, all sales are final, but you may be eligible for a refund or credit under the following conditions:

• Unused Plan/Change of Plans: If you purchased a Data Plan but have not installed or activated the eSIM on your device, you may request a refund. For example, if your travel plans changed and you no longer need the eSIM (and you haven’t started using it), we will provide a full refund upon request. Please contact us before activating the eSIM in such cases.
• Device Incompatibility: If after purchase you discover that your device is incompatible with eSIM or is carrier-locked (making it impossible to use our Service), you are eligible for a full refund. We may require proof that the eSIM was never successfully activated or used on the device.
• Technical or Service Issues: If you attempt to use the eSIM but encounter technical problems that originate from Only eSIM or our network partners (for instance, the eSIM fails to provide data connectivity due to our system or a network outage in the covered region), you must first contact Only eSIM customer support and cooperate with troubleshooting efforts. If we determine that the issue lies with our Service and we are unable to resolve the problem, we will issue a refund. The refund may be full or partial depending on the extent of the issue (for example, if you did get some usage before a service failure, we might offer a pro-rata refund for the unused portion).
• Minimal Usage: If you were able to activate the eSIM but used only a very small amount of data (e.g., just to test connectivity) and then found the Service to be unusable or unsuitable, we may treat it similarly to an unused plan. Only eSIM may also provide a full refund in such cases of de minimis usage, provided that you contact us promptly and meet the other criteria here (like being within the refund window).

Refund Request Procedure: To request a refund, you must contact Only eSIM customer support within 30 days of your Data Plan purchase. In your request, please include the email or account used for purchase, the order confirmation, and a description of the issue or reason for refund. We may require additional information or troubleshooting steps before approving a refund. Note that we will not issue refunds for requests made after 30 days from purchase, or after the Data Plan’s expiration, whichever comes first. Also, once a Data Plan’s validity period has ended (expired), we cannot refund it even if you did not use all the data, since the service term has concluded.

Exceptions (No Refunds): Only eSIM reserves the right to decline refund requests in certain cases, including: (a) if we find that the Service was used significantly (beyond test usage), especially if the majority of data was consumed; (b) if the request arises from issues outside our control, such as poor coverage due to geography when our coverage map was accurately provided, or user error in configuring the device; (c) if the user violated these Terms or misused the Service, leading to termination (no refunds will be given for Service terminated due to misuse or breach of Terms); or (d) if the purchase was made through a third-party distributor (in which case, as noted, refunds must be pursued with that third party). We also cannot refund any fees not paid to Only eSIM (e.g., bank foreign transaction fees or app store commissions).

We believe this refund policy offers you flexibility in genuine cases of issues.

6. User Obligations and Acceptable Use

By using Only eSIM, you agree to use the Service lawfully and responsibly. The following obligations and restrictions apply to your use of the eSIM and Data Plans:

• Compliance with Terms and Laws: You must use the eSIM in compliance with these Terms and with all applicable laws and regulations of the country where you are using the Service. It is your responsibility to ensure that using a foreign eSIM is not prohibited by local law or regulations when you travel.
• Personal, Lawful Use Only: The Service is for personal use only. You agree not to use Only eSIM for any commercial purpose (such as reselling data or sharing the eSIM beyond your personal devices) without our express permission. You will not use the Service for any fraudulent, illegal, or abusive purposes, and you will not engage in activities that harass, harm, or improperly exploit others or the network.
• No Network Abuse: You must not use the eSIM in any way that could damage, disable, overburden, or impair our network or those of our partners. For example, you agree not to use the Service to transmit viruses or malware, initiate denial-of-service attacks, or perform any action that interferes with the network’s normal operations. If you have an “unlimited” data plan (if offered), you acknowledge that it may be subject to a fair use policy by the underlying carrier – excessive usage that negatively impacts network performance may lead to throttling or suspension by the carrier.
• No Unauthorised Access or Alterations: Do not attempt to circumvent security measures of the eSIM or our application, and do not attempt to access or use the Service through any automated means or through any interface not provided by Only eSIM. You may not attempt to reverse engineer or extract the eSIM profiles or software, nor hack or modify our app or website.
• Proper Use of Promotions: If Only eSIM offers any promotional credits, referrals, or discounts, you must use them in good faith. You agree not to abuse promotions by creating fake accounts or identities to obtain undue benefits. Only eSIM reserves the right to revoke credits or cancel accounts if we determine you have abused promotional offers.
• No Infringing or Offensive Content: You should not use the data Service to transmit any content that is illegal, harassing, infringing, or otherwise objectionable. This includes not using our data Service to violate copyright or other intellectual property rights of third parties. You are responsible for what you do with the internet access our Service provides.

If you breach any of the above obligations or otherwise misuse the Service, we may suspend or terminate your access without notice (see Section 7 on Termination). You will remain responsible for any charges incurred up to the point of suspension/termination and we reserve the right to seek compensation for any damages caused by your breach (including our costs and attorneys’ fees to deal with the issue).

7. Termination and Suspension

Term by Default: This Agreement is effective between you and Only eSIM from the moment you accept these Terms and will continue until terminated as provided herein. Each Data Plan has a defined duration/validity, and your right to use the Service for that plan will automatically end when you have consumed all data in the plan or the plan’s time period expires, whichever comes first. After a plan expires or is fully used, the eSIM profile on your device will no longer provide Service unless you purchase a new Data Plan. You may remove the eSIM profile from your device at any time; however, we recommend only removing it after your plan is fully used or expired.

Your Right to Terminate: You are free to stop using the Service at any time. You may delete your Only eSIM account or the app at your discretion. If you wish to terminate your account entirely, you can contact customer support for assistance. Keep in mind that terminating your account or deleting the app will not automatically entitle you to a refund for any unused data (see the Refund Policy in Section 5 for how refunds are handled).

Our Right to Suspend/Terminate: Only eSIM may suspend or terminate your access to the Service (including voiding any remaining data in a plan) immediately and without prior notice if we determine that: (a) you have breached any provision of these Terms or have engaged in illegal or fraudulent use of the Service; (b) you are using the Service in a manner that could cause harm to Only eSIM, our network, or other users (such as network abuse or security violations); or (c) required by law or a court order. In case of such termination for cause, you will not be entitled to any refund for unused data, and we may also bar you from purchasing any future Data Plans. For example, if a user is found to be undermining the integrity of a referral program by creating fake accounts, we may close those accounts and seek payment for any credits wrongfully obtained.

We may also terminate this Agreement for convenience (for example, if we decide to discontinue the Only eSIM Service entirely) by providing you reasonable advance notice via the email associated with your account. If we terminate without cause (i.e., not due to your misconduct), we will refund any unused portion of data or fees on a pro-rata basis as of the termination date.

Effect of Termination: Upon any termination of this Agreement, you must cease using the Service. Sections of these Terms that by their nature should survive termination (such as liability limitations, arbitration, and indemnification) will continue to apply. If your Data Plan has expired or been terminated, the eSIM profile on your device may remain but be non-functional (“as is,” with no service) until you purchase another plan, at which point these Terms will apply to that new Service.

8. Disclaimers of Warranty

Only eSIM provides the Service to you on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Only eSIM disclaims all warranties and representations of any kind, whether express, implied, or statutory, regarding the Service. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or that the Service will meet your needs or expectations. You use the Service at your own risk.

In particular, while we endeavor to provide a reliable service, Only eSIM does not guarantee that the Service will be uninterrupted, error-free, or available at all times. You acknowledge that the availability and quality of the mobile data service depend on many factors outside our control, including without limitation: network capacities of local mobile operators, coverage areas, signal strength, device hardware and software, weather, geography, and other environmental or technical conditions. We do not warrant or ensure constant connectivity. For example, there may be times or locations where you experience slower speeds or no signal; such issues can occur with any mobile provider and are not a breach of our obligations.

Only eSIM relies on third-party telecommunication providers to deliver data service. While we contract with reputable network partners, we have no control over their networks and therefore make no warranty that the Service (including any particular Data Plan or network coverage) will always be available or operational. There may be maintenance periods, network outages, or other circumstances that interrupt the Service. No information or advice obtained by you from Only eSIM or through the Service shall create any warranty not expressly stated in these Terms.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, Only eSIM’s warranties are limited to the minimum extent permitted by applicable law. These disclaimers are consistent with standard practices in the industry.

9. Limitation of Liability

To the fullest extent permitted by law, in no event will Only eSIM or its affiliates, or their respective directors, officers, employees, or agents, be liable to you for any indirect, incidental, special, consequential, or punitive damages whatsoever. This includes, without limitation, damages for lost profits or revenues, lost savings, lost business opportunities, loss of data, or any other intangible losses or damages arising out of or related to your use of or inability to use the Service, even if Only eSIM has been advised of the possibility of such damages. We do not assume liability for any harm or damages caused by any third-party networks or websites you access using our Service, or for any content or information you receive through the internet via the Service.

Our maximum aggregate liability to you for all claims arising from or related to the Service or these Terms will not exceed the total amount you paid to Only eSIM for the Data Plan in question (or, if the dispute involves multiple Data Plans or the Service as a whole, the total amount you paid to Only eSIM in the 12 months prior to the claim). For example, if you purchased a $30 data plan and experienced an issue, our liability to you will be capped at $30. This cap applies to all causes of action in the aggregate, including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentations, or other torts.

If applicable law does not allow the exclusion or limitation of certain damages, then some of the above limitations may not apply to you. In those cases, our liability will be limited to the greatest extent permitted by law. However, nothing in these Terms is intended to exclude or limit liability that cannot be excluded under law – for instance, we do not limit our liability for our own intentional misconduct, or for death or personal injury caused by our gross negligence, or any other liability that cannot be excluded by law.

This limitation of liability is a fundamental part of the bargain and reflects the allocation of risk between Only eSIM and you in connection with the Service. The Service would not be provided to you without such limitations.

10. Indemnification

You agree to indemnify, defend, and hold harmless Only eSIM, its parent company, affiliates, and their respective officers, directors, employees, and agents (the “Indemnified Parties”), from and against any and all losses, liabilities, claims, demands, damages, expenses, or costs (“Claims”), including reasonable attorneys’ fees, arising out of or related to: (a) your use or misuse of the Service; (b) any content you transmit using the Service; (c) your violation of these Terms or of any applicable law or regulation; or (d) your infringement of any intellectual property or other rights of any third party. This means you will reimburse the Indemnified Parties for any losses or costs they incur due to your actions.

Only eSIM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do so, you agree that you will cooperate with Only eSIM’s defense of that claim and not settle any such matter without Only eSIM’s prior written consent. We will make reasonable efforts to inform you of any such claim or proceeding we are involved in.

Your indemnification obligations will survive any termination of this Agreement or your use of the Service. This indemnity is intended to shield Only eSIM from liability due to user misconduct.

11. Dispute Resolution and Arbitration Agreement

Please read this section carefully – it affects your legal rights. It requires most disputes to be resolved through binding arbitration on an individual basis rather than in court, and includes a class action waiver. By agreeing to these Terms, you acknowledge that you understand and agree to this arbitration agreement and class action waiver.

11.1. Applicability of Arbitration

Except for the limited exceptions described below, you and Only eSIM agree that any dispute, claim, or controversy arising out of or relating to these Terms or to your use of the Service will be settled by binding arbitration, and not in a court of law. This includes claims based on contract, tort, statute, fraud, misrepresentation, or any other legal theory. By agreeing to arbitrate, both parties waive the right to a jury trial or to have the dispute heard in court (except for matters that can be taken to small claims court as described below).

This arbitration agreement is governed by the U.S. Federal Arbitration Act (FAA) and evidences a transaction in interstate commerce.

11.2. Class Action Waiver

You and Only eSIM agree that the arbitration will be conducted solely on an individual basis and not as a class, representative, consolidated, or collective action. Neither you nor Only eSIM will be a class representative or class member in any purported class or collective proceeding, and the arbitrator may award relief only to your individual claim and only to the extent necessary to provide relief warranted by that claim. You understand that by agreeing to these Terms, you are waiving the right to participate in a class action against Only eSIM.

If this class action waiver is found to be unenforceable or unlawful for any reason in a particular case, then the entirety of this Dispute Resolution and Arbitration Agreement section will be null and void for that specific case, and the parties agree that the class action must proceed in court rather than in arbitration.

11.3. Informal Dispute Resolution

We encourage you to contact Only eSIM’s customer support first to attempt to resolve any concerns or disputes. Often, disputes can be resolved quickly and informally by reaching out to support. If a dispute arises, please email us with a brief description of your issue and your contact information so we can attempt to resolve it before initiating arbitration.

11.4. Arbitration Procedures

Arbitration Provider: If we cannot resolve a dispute informally, either party may start arbitration. The arbitration will be administered by the American Arbitration Association (AAA). If you are an individual consumer, the arbitration will be conducted under the AAA’s Consumer Arbitration Rules (sometimes called the Supplementary Procedures for Consumer-Related Disputes) in effect at the time of the claim, except as modified by this Section 11. If you are not an individual consumer or if the AAA Consumer Rules are inapplicable, then AAA’s Commercial Arbitration Rules will apply.

Arbitration Process: To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our contact address listed in Section 15. The AAA’s rules and filing instructions are available on its website (www.adr.org). The arbitration will be conducted by a single, neutral arbitrator. The arbitrator will decide all issues, including the scope of this arbitration agreement (i.e., what is subject to arbitration), except that a court has authority to determine the enforceability of the Class Action Waiver above.

Location and Logistics: You may choose to have the arbitration conducted via telephone, based on written submissions, or in person in the county where you live or another mutually agreed location. If in-person hearings are required, they will take place at a location reasonably convenient for both parties, or as determined by the arbitrator. If the value of your claim does not exceed a certain amount (for example, $10,000), you may opt for a telephone or desk arbitration, which does not involve a personal appearance, as long as the arbitrator finds it appropriate.

Fees and Costs: Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. Under AAA Consumer Rules, for example, your filing fee is limited to a small amount (around $200) and the rest of the fees are generally paid by the company. Only eSIM will pay any arbitration fees (including the arbitrator’s fees) in excess of the fee you would pay to file a lawsuit in court (in order to make the arbitration process not cost-prohibitive for you). Each party will bear its own attorneys’ fees and costs unless the arbitrator rules otherwise or applicable law provides otherwise (for instance, a statute might allow the prevailing party to recover attorneys’ fees).

Arbitrator’s Authority: The arbitrator will follow the applicable substantive law, can award the same individual remedies (including injunctive and declaratory relief or statutory damages) that a court could award to an individual, and shall issue a reasoned written decision. The arbitrator’s decision will be final and binding on the parties, except for a limited right of appeal under the FAA. Judgment on the arbitration award may be entered in any court having jurisdiction.

11.5. Opt-Out Right

Opt-Out Procedure: If you do not wish to be bound by this arbitration and class action waiver provision, you must notify us in writing within 30 days of the date that you first accept these Terms (unless a longer period is required by applicable law). You must mail an opt-out request to Only eSIM at the address provided in Section 15. Your request must include your name, address, the email associated with your Only eSIM account (if any), and an unequivocal statement that you want to opt out of this arbitration agreement.

Opt-Out Consequences: If you opt out of this arbitration provision, disputes will be resolved in court as set forth in Section 12 (Governing Law and Jurisdiction), and neither you nor Only eSIM can demand arbitration for disputes. Opting out of this arbitration agreement will not affect any other provisions of these Terms, including the Class Action Waiver (which will continue to apply in court).

11.6. Exceptions to Arbitration

Notwithstanding the foregoing arbitration agreement, the following types of disputes do not have to be arbitrated and may be brought in court: (a) Small Claims – either party may seek to resolve an individual dispute in a small claims court if it qualifies; (b) Injunctive Relief for Intellectual Property – either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration; and (c) Opted-Out Users – if you timely opt out of arbitration as described above, you may pursue any dispute in court consistent with Section 12.

11.7. Survival

This arbitration agreement will survive the termination of your relationship with Only eSIM. If any portion of this Section 11 (except for the Class Action Waiver clause) is found unenforceable or unlawful, the remaining portions shall remain in force. If the Class Action Waiver (Section 11.2) is found unenforceable, then this entire Section 11 shall be null and void, but the rest of the Terms shall remain in effect.

12. Governing Law and Jurisdiction

These Terms and any dispute arising out of or in connection with the Service (including any non-contractual disputes) shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law principles. This choice of California law is intended to be consistent with industry practice and provides a uniform set of rules governing our relationship. However, we recognize that if you are a consumer located outside the U.S., you may have certain mandatory legal rights under your local laws that cannot be waived by contract. In such cases, nothing in these Terms will affect your rights under the law of your country of residence.

Jurisdiction for Non-Arbitrable Claims: If you have validly opted out of the arbitration agreement (Section 11) or if a dispute is excluded from arbitration as per these Terms, then you agree that any resulting court action may only be instituted in the state or federal courts located in California. In particular, you consent to the personal and exclusive jurisdiction of the courts located in the County of California (or the appropriate U.S. District Court covering California) for the resolution of any such court action. You and Only eSIM waive any objection to venue in such courts. (If you are a consumer in the European Union or other jurisdiction with laws granting you the right to bring claims in your home country’s courts, this clause does not override those rights and you may proceed in those courts.)

By using the Service, you also acknowledge that Only eSIM’s services are based in the United States. If you access the Service from outside the U.S., you do so on your own initiative and are responsible for compliance with any local laws. We make no representations that the Service is appropriate or available for use in all locations.

13. Changes to the Terms

Only eSIM may modify these Terms from time to time. When we make material changes, we will notify you by updating the “Last Updated” date at the top of the Terms and, if the changes are significant, by providing a notice through the Service or via email. Any modified terms will become effective upon posting, unless stated otherwise. By continuing to use the Service after the new Terms take effect, you agree to the revised Terms.

If you do not agree with a change to the Terms, you should stop using the Service and, if applicable, terminate your account. In certain cases (for example, if required by law or if we make a change that materially affects your rights), we might provide a longer notice period or require your explicit acceptance of the updated Terms. We encourage you to review the Terms periodically to ensure you understand the terms and conditions that apply to your use of the Service.

14. Mobile App Marketplace Terms

If you download or access the Only eSIM mobile application through a third-party app store platform (such as Apple App Store for iOS or Google Play Store for Android), you acknowledge and agree to the following additional terms, which are required by the marketplace operators (Apple Inc. for iOS, Google LLC for Android):

• The license granted to you to use the Only eSIM app is limited to a non-transferable license to use it on any mobile device that you own or control and which runs the applicable operating system (iOS or Android), and only as permitted by the usage rules of the respective app store.
• The app marketplace (Apple or Google) is not a party to these Terms and is not the provider of the Only eSIM app or Service. Thus, that company has no obligation to provide any maintenance or support services for our app. Only eSIM is solely responsible for support and addressing any claims by you or any third party relating to the app or the Service.
• In the event the Only eSIM app fails to conform to any applicable warranty (if any warranty is required by law despite the “as is” clause, for instance), you may notify the app marketplace (e.g., Apple or Google), and they may refund the purchase price (if any) for the app to you; to the maximum extent permitted by law, the app marketplace will have no other warranty obligation with respect to the app. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty would be Only eSIM’s responsibility, to the extent not disclaimed or limited under these Terms.
• You represent that you are not located in a country that is subject to a U.S. government embargo or designated as “terrorist supporting,” and that you are not listed on any U.S. government list of prohibited or restricted parties. If this representation is false, the marketplace may restrict or terminate your access to the app.
• You must comply with any applicable third-party terms of agreement when using the Only eSIM app. For example, if your use of our app is somehow in conjunction with a wireless data service or other third-party service, you must not violate those third-party terms while using our app.
• Both you and Only eSIM acknowledge that the app store provider (Apple or Google) and its subsidiaries are third-party beneficiaries of this Agreement as it relates to your use of the Only eSIM app. Upon your acceptance of these Terms, the app store provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

These additional terms are imposed by the app marketplaces to protect their rights and clarify their lack of responsibility for third-party apps. They apply only to the extent you obtain our app through those platforms. In case of any conflict between this Section and other provisions of these Terms, this Section will govern solely with respect to issues relating to the app marketplace and your app use.

15. Miscellaneous

Entire Agreement: These Terms (including any policies or documents incorporated by reference, such as our Privacy Policy) constitute the entire agreement between you and Only eSIM regarding the Service, and supersede all prior and contemporaneous understandings or agreements, whether written or oral, regarding the Service. Any additional or different terms (including any written communications or purchase orders from you) are void unless accepted in writing by an authorized representative of Only eSIM.

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by an arbitrator or court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. The parties agree that any invalid or unenforceable provision will be deemed modified to the minimal extent necessary to make it valid and enforceable, and if it cannot be modified, it will be severed from these Terms.

No Waiver: Our failure to enforce any right or provision of these Terms shall not operate as a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Only eSIM. Similarly, no course of conduct between you and Only eSIM or any trade practice will act to modify these Terms.

Assignment: Only eSIM may assign or transfer these Terms, in whole or in part, to any person or entity at any time, for example in the event of a merger, acquisition, sale of assets, or by operation of law. You may not assign or transfer any rights or obligations under these Terms without our prior written consent. Any unauthorized assignment by you is null and void.

Relationship of Parties: You and Only eSIM are independent contracting parties. These Terms do not create any agency, partnership, joint venture, or employment relationship between you and Only eSIM.

No Third-Party Rights: Except as expressly stated in Section 14 (regarding app marketplace providers), these Terms do not confer any rights or remedies on any person other than you and Only eSIM. A person who is not a party to this Agreement has no rights to enforce any term of this Agreement.

Force Majeure: Only eSIM will not be liable for any delay or failure in performance of the Service caused by circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil disturbances, strikes, supply or network interruptions, equipment or power failure, pandemics, or governmental actions.

Headings: Section titles or headings in these Terms are for convenience only and have no legal or contractual effect.

Language: These Terms are written in English. If we provide a translation, it is for convenience, and the English version will control in case of any conflict.

16. Contact Us

If you have any questions, concerns, or feedback about these Terms or the Service, or if you need to provide any notice under these Terms (including arbitration notices or opt-outs), you can reach Only eSIM at:

So Close LLC
380 Hamilton Ave #1393
Palo Alto, CA 94301
Email: [email protected] (for general inquiries and opt-out notices)
Customer Support: https://www.onlyesim.com/support

We will attempt to respond to all legitimate inquiries in a timely manner. Communication via email is often the fastest way to reach us.

Thank you for choosing Only eSIM for your connectivity needs. We appreciate your business and aim to provide you with a smooth and fair service experience. By adhering to these Terms, both Only eSIM and you can ensure a consistent, reliable, and secure environment for eSIM services.