Terms & Conditions

These Terms and Conditions of Use (these “Terms” or “Terms of Use”) apply to any visitors to the website located at https://www.esimba.ai/ (the “Website”), as well as persons who register to receive our newsletter or other information. By continuing to use the Website, and in consideration of your continued access thereto, you agree to be bound by these Terms and the policies and materials incorporated by reference herein, including the Company’s then-current privacy policy, as it may be amended (the “Privacy Policy”). The Company’s Privacy Policy can be found on the Website at https://www.esimba.ai/privacy-policy. If you do not agree to be bound by these Terms and the Privacy Policy, please discontinue your use of the Website immediately.

The Company reserves the right, in its sole discretion, to revise or modify these Terms from time to time. You are responsible for viewing these Terms periodically for updates by checking the ‘Updated’ date which appears at the top of the Terms.

Your continued use of the website after a change, modification, or update of these Terms has been made shall constitute your acceptance of the revised Terms. If you should not agree to these Terms after such a change and/or modification and/or update, your sole remedy shall be to discontinue your use of the website.

We may update the content on the Website from time to time, but its content is not necessarily complete or continuously up-to-date.  Although the Company makes a strong effort to keep all relevant terms relating to Services, policies, and terms governing the provision of Services to clients, it is possible that certain material on the Website may be out of date at any given time, and we are under no obligation to update such material.

The Website offers roaming services, which are delivered by our local roaming service partners - the Providers. We are not the suppliers of a roaming service by itself. Therefore, we cannot warrant or guarantee that the providers’ services are of good quality, suitable, and deliverable, or that the providers’ uptime will be 100%.

We want to clarify that any of the providers may, without prior notice, temporarily or permanently suspend the delivery of mobile services on their local network or in a specific country or destination at their sole discretion. If such a thing occurs, we will be notified as well, but as mentioned above, we cannot be held liable for such an event.

Furthermore, we want to clarify that due to the complex nature of the mobile service provided by any provider and the involvement of third-party roaming partners, quality on certain networks, calls to or from certain destinations, or data consumed on such networks might occasionally be unsatisfying or even not be completed at all. In such an event, we shall use reasonable efforts to restore industry-standard quality of service.

We don't make any commitments about Third-Party services that are offered on the website, or any ability to meet your needs. We provide the offers and services “as is”.

We make no warranty, express or implied,with respect to the mobile services provided hereunder and expressly disclaim any warranty of merchantability, description, or fitness for any particular purpose or function.

Some jurisdictions have laws that give you certain warranties, such as the warranty of merchantability, fitness for a particular purpose, and particular non-infringement rules. To the extent permitted by law, we exclude all warranties.

To the extent permitted by law, we will not be responsible for lost profits, revenues, or data financial losses, or for indirect, special, consequential, exemplary, or punitive damages. In all cases, we will not be liable for any loss or damage that is not reasonably foreseeable.

You agree to indemnify and hold the Company, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any of the following: (i) Your use of and access to the Website; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) Any claim that any user submission made by you has caused damage to a third party. 

We may email you with announcements and messages. You can request at any time not to receive such emails. You agree that all agreements, notices, disclosures, and any other communications that we provide as aforementioned satisfy any legal requirement that such communications be in writing. Any communication with us can be made through the means detailed at the bottom of these terms. Any communication you send to us will be considered non-confidential, and we may freely use it. By submitting feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those communications for any purpose, without compensation to you.

These Terms shall be construed in accordance with the laws of the State of Delaware, USA. In the event that the Parties are unable to amicably resolve disputes through negotiations, such disputes shall be definitively settled through arbitration in the State of Delaware, USA, in adherence to the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce.

The materials appearing on the Website could include technical, typographical, or photographic errors. esimba.ai does not warrant that any of the materials on its website are accurate, complete, or current. esimba.ai may make changes to the materials contained on its website at any time without notice. esimba.ai does not, however, make any commitment to update the materials.

esimba.ai has not reviewed all the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by esimba.ai of the site. Use of any such linked website is at the user’s own risk.

esimba.ai may revise these terms of use for its website at any time without notice. By using this website, you agree to be bound by the then current version of these Terms and Conditions of Use.