General Terms Policies
These General Terms (“Terms”) govern access to and use of the EverestSIM website, mobile application, and all related data-connectivity services (the “Services”) operated by “EVERESTSIM PTE LTD.”, a company registered in Singapore (“EverestSIM”, “we”, “our”, “us”). Registered office address: 101 Upper Cross Street, #05-54, People's Park Centre, Singapore 058357. EverestSIM operates as an independent reseller of global data-connectivity solutions, partnering with trusted providers and aggregators to make reliable data plans available via its mobile application and website (the “Platform”).
1. Definitions and Hierarchy of Terms
- Services: Prepaid or on-demand mobile data connectivity provided through eSIM technology. The Services do not include voice, SMS, or other non-data services.
- Platform: The EverestSIM website and mobile application.
- Customer/User: Any individual accessing or using the Platform or Services ("you" or "your").
- Hierarchy: These Terms apply to all use of our Platform and Services. If you purchase or use Services, the Terms of Use (TOU) also apply. Our Acceptable Use Policy (AOU), Privacy Policy, Cookie Policy and Refund Policy form an integral part of these Terms by reference.
2. Eligibility and Customer Requirements
You represent and warrant that you are at least 18 years old and capable of forming a legally binding contract. By using the Services, you confirm that your device is unlocked and fully eSIM-compatible.
3. Account Registration and Security
You must provide accurate, current, and complete information to create and maintain an account (including first name, last name, email address, postal address, and phone number). You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify EverestSIM immediately of any unauthorized use or security breach.
4. Service Provision and Limitations
4.1. Reseller Model
EverestSIM is a reseller. We rely on third-party network operators and aggregators (our "Network Partners") to provision the Services. We do not own or control the underlying mobile network infrastructure.
4.2. Service Disclaimer
Availability, geographical coverage, quality, and data speeds of the Services are not guaranteed and may vary due to location, Network Partner performance, device configuration, network capacity, and other factors outside of our control.
4.3. Data Only
The Services are restricted to mobile data connectivity. Voice and traditional SMS services are explicitly excluded.
5. Pricing, Payment, and Taxes
Prices are specified at the point of checkout. We may process payments in USD and/or other currencies at our discretion. You are responsible for any applicable taxes, duties, and fees based on your billing address and applicable law.
6. Activation and Plan Validity
Data plans must be installed and activated within the validity window specified for that plan at the time of purchase. Failure to activate the plan within this stated window may result in the forfeiture of the plan and the purchase price, without entitlement to a refund.
7. Intellectual Property Rights (IP)
All intellectual property rights in the Platform and Services (including software, text, graphics, trademarks, logos, and the look and feel) are owned by or licensed to EverestSIM. You are granted a limited, non-exclusive, non-transferable licence to use the Platform solely for the purpose of accessing and using the Services. You shall not copy, modify, distribute, reverse engineer, or publicly display any part of the Platform without our prior written consent.
8. Feedback and User Content
By submitting any ideas, suggestions, feedback, reviews, or content (collectively, "User Content"), you grant EverestSIM a perpetual, irrevocable, royalty-free, worldwide, transferable, sub-licensable license to use, host, reproduce, modify, and display such User Content for the purpose of operating, marketing, and improving the Platform and Services, without any obligation or compensation to you.
9. Disclaimer of Warranties and Limitation of Liability
9.1. Disclaimer of Warranties
The Services and Platform are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or meet any specific speed, quality, or performance standards.
9.2. Limitation of Liability
To the maximum extent permitted by law, EverestSIM and its affiliates, directors, officers, employees, and agents shall not be liable for any indirect, incidental, special, exemplary, consequential, or punitive damages, including, but not limited to, loss of profits, data, goodwill, or use, arising out of or related to these Terms or the Services.
9.3. Aggregate Liability
In no event shall EverestSIM's aggregate liability arising out of or related to these Terms or the Services exceed the amounts you paid to EverestSIM for the specific Services giving rise to the claim in the twelve (12) months preceding the date the claim arose.
10. Indemnification
You agree to indemnify, defend, and hold harmless EverestSIM, its affiliates, Network Partners, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) that arise from or relate to: (a) your access to or use of the Services or Platform; (b) your breach of these Terms or any referenced policies; or (c) your violation of any applicable law or the rights of any third party.
11. Suspension and Termination
We reserve the right to immediately suspend or terminate your account or access to the Services, with or without notice, if: (a) you breach these Terms or the Acceptable Use Policy; (b) you engage in fraudulent or abusive activities; (c) we are required to do so by law or our Network Partners' obligations; or (d) a Network Partner retires or materially changes a Service, affecting its availability (in which case the Refund Policy applies).
12. Governing Law and Jurisdiction
These Terms, and any non-contractual obligations arising out of or in connection with them, are governed and construed in accordance with the laws of Singapore. You and EverestSIM irrevocably agree that the courts of Singapore shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.
13. Miscellaneous Provisions
13.1. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.
13.2. No Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
13.3. Entire Agreement
These Terms, together with the documents incorporated by reference, constitute the entire agreement between you and EverestSIM concerning the subject matter hereof.
13.4. Assignment
You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations without restriction.