Terms and Conditions

1. Nature of Service and Relationship

simclaire.com (the "Company") operates as an Ecommerce Aggregator and Reseller of global eSIM profiles.

• Reseller Status: simclaire.com does not own, manage, or operate physical telecommunications infrastructure (e.g., cell towers) or core network hardware.
• Service Provision: Connectivity is provided by various third-party Mobile Network Operators (each a "Network Provider"). SiM Claire’s role is strictly limited to facilitating the sale of, and access to, eSIM profiles
  

  Telecommunications connectivity and network services accessible through the eSIM products are provided by independent third-party Network Providers and carrier partners operating under their own applicable telecommunications authorizations, licenses, and regulatory frameworks. SiM Claire acts solely as an ecommerce reseller, technology integration platform, and facilitation intermediary for the distribution of such products and services.

• No Warranty on Coverage: As a reseller, simclaire.com cannot guarantee network speed, coverage, or uninterrupted service, as these are subject to the performance and maintenance of the underlying Network Provider’s infrastructure.

2. Intended Use and Restrictions

The services offered on simclaire.com are designed and sold for Temporary Travel Use only.

• Prohibition on Permanent Roaming: Our eSIM plans are not intended for long-term or permanent residency in a foreign country. If the Company or its Network Providers identify usage patterns suggesting "Permanent Roaming" (defined as continuous use in a single foreign jurisdiction exceeding 90 days, or as defined by local laws), we reserve the right to suspend or restrict access to the service where required by Network Provider policies or applicable laws. Refund eligibility will be determined at the Company’s reasonable discretion.
• Fair Usage Policy (FUP): Service is for personal or legitimate business travel use. Resale of bandwidth, use of the eSIM in automated "M2M" devices, or use as a fixed-home internet replacement is strictly prohibited.
• Local Compliance: You are responsible for complying with the local laws of the destination country. This includes adhering to local identity registration (KYC) requirements if prompted by the Network Provider.
• Carrier Policy Dependency: Availability, permitted usage duration, roaming eligibility, and service continuity may be subject to policies, technical limitations, and regulatory requirements imposed by the applicable Network Provider or local telecommunications authorities.

3. Device Compatibility & Refunds

It is the user's primary responsibility to ensure their device is technically capable of using the service.

• eSIM Compatibility: Your device must be eSIM-compatible and network-unlocked.
• Software Integrity: Service is not guaranteed on devices that have been jailbroken (iOS) or rooted (Android).
• Manufacturer Limitations: Device compatibility may vary based on manufacturer restrictions, regional hardware configurations, software versions, or limitations imposed by the device manufacturer.
• Refund Limitation: simclaire.com cannot issue refunds for purchases made for incompatible or locked devices. Certain hardware models (e.g., from Mainland China) may not support eSIM.

4. Payments & Fraud Prevention

• Verification: We reserve the right to trigger 3D Secure (3DS) authentication or request additional identity verification (KYC) for transactions flagged as high-risk.
• Chargeback Policy: Before initiating a dispute with your bank, you must contact SiMClaire Support.
• Blacklisting: Fraudulent or abusive payment disputes may result in suspension of future purchases, account restrictions, transaction monitoring, or denial of access to future services at the Company’s discretion.

5. Refund & Cancellation Policy

Due to the nature of digital eSIM products and instant activation delivery, refunds are generally not available once an eSIM has been activated, installed, or used. Refund requests for accidental purchases, change of mind, or device incompatibility after activation may not be eligible for refund.

If you experience a verified technical issue preventing service activation or usage, please contact SiM Claire support for assistance and case review.

6. Technical Support & Cooperation

• Resolution Window: If a technical service failure occurs, SiMClaire has a 7-day window to attempt to resolve the issue from the time it is first reported.
• Mandatory Cooperation: To be eligible for a refund or credit, the customer must "cooperate" fully with the Support team. This includes, but is not limited to, providing screenshots of device settings, diagnostic logs, and following troubleshooting steps as directed. Failure to reasonably cooperate with troubleshooting efforts may affect refund eligibility.

7. Usage & Fair Usage Policy (FUP)

• Prohibited Use: You may not use the service for illegal, abusive, or fraudulent activities.
• Network Quality: Service is provided on an "as-is" basis. For "Unlimited" plans, speeds may be throttled if usage exceeds a threshold that impacts network stability for others.
• Network- management flexibility: Traffic management practices, speed prioritization, and data optimization measures may be implemented by Network Providers to maintain network stability and overall service quality.

8. Data Usage and Speed Restrictions

Service is subject to a daily Fair Usage Policy to prevent network congestion. For "unlimited" data offerings, high-speed data is limited to 2 GB per day within Europe and 1 GB per day for all other global destinations. Once the daily limit is exceeded, the user will experience reduced speeds (128 kbps - 256 kbps) until the daily reset. We reserve the right to prioritize network integrity during periods of high demand.

Data thresholds, throttling policies, and speed limitations may vary by destination, carrier partner, and network conditions and may be updated periodically without prior notice.

9. Limitation of Liability

To the maximum extent permitted by law:

• Liability Cap: The total aggregate liability of SiMClaire for any and all claims arising out of or related to the service shall not exceed the greater of:
  1. $100 USD, or
  2. the total amount paid for the affected service.
• Exclusions: We are not liable for any indirect, incidental, or consequential damages, including loss of profits, travel delays, or roaming charges incurred from other providers (e.g., your home carrier) while troubleshooting.
• Force majeure: The Company shall not be liable for delays, interruptions, or failures resulting from events beyond its reasonable control, including but not limited to network outages, carrier failures, governmental actions, natural disasters, cyber incidents, or international telecommunications disruptions.

10. Governing Law

These Terms and Conditions are governed by the laws of the Province of Ontario and the federal laws of Canada. Any disputes shall be submitted to the exclusive jurisdiction of the courts located in Ontario, Canada.

11. Contact Us

For technical assistance or billing inquiries, please contact us at:

• Website: simclaire.com/support
• Support: Email: care@simclaire.com
• Support response times may vary depending on destination region, carrier escalation requirements, and service demand.

12. Emergency Services Disclaimer

Emergency calling services (including 9-1-1 or equivalent emergency access numbers) may not be available, may be limited, or may function differently when using roaming, data-based, VoIP, or third-party telecommunications services accessible through eSIM products. Availability depends on device compatibility, local carrier support, internet connectivity, and destination-country regulations. Users should maintain alternative methods of emergency communication while traveling.

13. Regulatory Identity Verification (KYC)

Certain destination countries, carrier partners, or Network Providers may require additional identity verification or activation information in accordance with local telecommunications regulations. Where applicable, customers may be contacted with further instructions prior to activation.

14. What is eKYC?

Certain destination countries or Network Providers may require additional activation information or identity verification in accordance with local telecommunications regulations.

15. When is eKYC Required?

Most SiM Claire eSIM plans activate instantly without identity verification. In limited cases, certain destination countries or carrier partners may require additional verification information prior to activation.