TERMS OF USE
Effective date: 25 November 2024
Municorn Limited provides access to the eSIM: Travel solution App designed to allow customers to purchase and activate eSIMs for global mobile data usage. The eSIM: Travel solution App enables Customers to access the internet in multiple countries, monitor data consumption, and manage their eSIM profiles. The range of Services provided will depend on the selected plan or data package.
General age limitation. eSIM: Travel solution App is not intended for or directed at children under 13, and we do not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to use eSIM: Travel solution App.
If you are a parent or guardian and believe we have collected information from your child who is under the age of 13, please contact us at esim-support@municorn.com.
Age limitation for EEA and UK individuals. You must be at least 16 years old in order to use eSIM. We do not allow use of eSIM: Travel solution App by EEA and UK individuals younger than 16 years old. If you are aware of anyone younger than 16 using eSIM: Travel solution, please contact us at esim-support@municorn.com, and we will take the required steps to delete the information provided by such persons.
eSIM: Travel solution App does not feature of the services of a mobile phone. You cannot make emergency calls or send SMS messages using the Services, only global mobile data usage.
However, if you have a mobile cellular device, you may be able to access 9-1-1 emergency services from the hardware of your cellular device. You acknowledge and understand that eSIM: Travel solution App will not be liable for any inability to access 9-1-1 emergency services through the Services.
THE CUSTOMER ACKNOWLEDGES AND AGREES THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, ESIM: TRAVEL SOLUTION, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS WILL NOT BE LIABLE FOR ANY INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING IN ANY WAY TO THE NON-PROVISION OF 9-1-1 CALLING/TEXTING CAPABILITIES THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY INABILITY ON THE PART OF YOU OR OTHER USERS TO ACCESS 9-1-1 EMERGENCY SERVICES, AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ESIM: TRAVEL SOLUTION, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS FROM ANY LIABILITIES, CLAIMS, DAMAGES, LOSSES ARISING DIRECTLY FROM THE NON-PROVISION OF 9-1-1 CALLING/TEXTING CAPABILITIES THROUGH SERVICES.
You acknowledge and agree that neither the Outbound Service nor the Texting Service are to be utilized for solicitations of commercial activities of any kind. You acknowledge and agree that the Telephone Consumer Protection Act (“TCPA”) prohibits placing commercial calls without the recipients’ prior express written consent and also prohibits placing autodialed calls without recipients’ prior express consent. Using the Outbound Service or Texting Service for any solicitation of commercial activities is a violation of our Terms of Use. If we are aware of such use, we have the right to terminate your access to the Outbound Service/Texting Service and we reserve the right to also terminate your use of any other of the Products and Services. And the violations of relevant laws and regulations caused by such use may also subject you to legal liability.
Any content you submit through eSIM: Travel solution App is governed by our Privacy Policy.
As a condition of using the Services, you agree not to use the eSIM: Travel solution App for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree that if you take any of the following actions, you will be materially breaching this Agreement, and you agree that you SHALL NOT:
Any such forbidden use shall immediately terminate your licence to use the Services.
Since eSIM: Travel solution App is only a facilitator of communication services, we may not guarantee or warrant that the content transmitted through the Service will not involve unsolicited commercial communication. You may occasionally receive unsolicited content. We will use our best effort to keep any unsolicited material from third parties to a bare minimum. By using our Service, you expressly agree and understand that you may receive unsolicited content.
Users of eSIM: Travel solution App are prohibited from accessing restricted websites, downloading and uploading illegal content, or engaging in any activities that violate local, state, national, and international laws and regulations and any applicable regulatory codes.
We reserve the right to suspend or terminate accounts involved in such behavior and cooperate with law enforcement as required. Users may also be temporarily blocked if such violations are suspected.
Responsibility for the content. You are solely responsible for any content uploaded with the Service. You affirms, represents, and warrants that you own or have the necessary licenses, rights, consents, and permissions to upload any content with the Service, that the content will not violate any rights of any third party (including intellectual property rights or rights of publicity or privacy), and will not violate any applicable law, rule, regulation, or the terms of service of any other platform.
We grant you a personal, worldwide, revocable, non-transferable, and non-exclusive license to access and use eSIM: Travel solution App for personal and non-commercial purposes in accordance with the Terms of Use.
You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer, or sell any text, graphics, logos, and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from eSIM: Travel solution App without prior express written permission from us which may be withheld for any or no reason.
You further agree not to download, display or use any content on eSIM: Travel solution App that is provided by us or its licensors located on the eSIM: Travel solution App for use in any publications, in public performances, on websites for any other commercial purpose, in connection with products or services that are not those of us, in any other manner that is likely to cause confusion among consumers, that disparages or discredits us and/or its licensors, that dilutes the strength of us or its licensor's property, or that otherwise infringes us or its licensors’ intellectual property rights. You further agree to in no other way misuse any content published by us or third-party content that appears on eSIM: Travel solution.
All rights, title, and interest in and to eSIM: Travel solution App not expressly granted in the Terms of Use are reserved by us. If you wish to use our software, title, trade name, trademark, service mark, logo, domain name, and/or any other identification with notable brand features or other content owned by us, you must obtain written permission from us. Permission requests must be sent to esim-support@municorn.com.
To avoid any doubt, we own all the text, images, photos, audio, video, location data, software, code, and all other forms of data or communication that we create and make available in connection with eSIM: Travel solution, including but not limited to visual interfaces, interactive features, graphics, design, and the compilation of aggregate user review ratings and all other elements and components of eSIM: Travel solution, excluding user content (collectively referred to herein as the “Our Content”). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to eSIM: Travel solution App and Our Content are retained by us.
The software that supports eSIM: Travel solution App may be subject to U.S. export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You represent and warrant that you are (1) not located in any country or region that is subject to a U.S. government embargo, and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither eSIM: Travel solution App nor any technical data related thereto nor any direct product or products derived from or based on such technology received from eSIM: Travel solution App under these Terms of Use thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by such laws and regulations.
If you believe any materials accessible on or from eSIM: Travel solution App infringe your copyright, you may request removal of those materials (or access thereto) from eSIM: Travel solution App by contacting us and providing the following information:
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of eSIM: Travel solution App who are repeat infringers.
Tax rates or other fees are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any changes in tax rate will be automatically applied based on the account information you provide.
Open the Settings app > Tap your name > Tap Subscriptions > Tap the subscription > Tap Cancel Subscription
or
Open the eSIM: Travel solution App > Tap Settings > Tap Manage subscription > Tap Cancel Subscription.
If you purchase your subscription through another third party, please refer to their cancellation process. Contact our Support team at esim-support@municorn.com if you still have any questions about how to cancel.
You agree to defend, indemnify, and hold us, our officers, directors, employees, agents, affiliates, representatives, licensors, suppliers, partners, advertisers, and content providers (together referred to as “eSIM: Travel solution App Parties”), harmless from and against any claims, actions, demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of or resulting from, or alleged to result from your violation of these Terms of Use.
Under no circumstances will the eSIM: Travel solution App Parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to:
In no event will the eSIM: Travel solution App Parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will the eSIM: Travel solution App parties total liability to you for all damages, losses or causes or action exceed one hundred United States dollars ($100.00).
You agree that in case that you incur any damages, losses or injuries that arise out of ESIM: Travel solution's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the ESIM: Travel solution App Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the eSIM: Travel solution App Parties.
By accessing the Service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
eSIM: Travel solution App is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
We do not control, endorse or take responsibility for any third-party content linked to eSIM: Travel solution. You acknowledge sole responsibility for and assume all risks arising from your use of any third-party websites or resources. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
Your use of eSIM: Travel solution App is at your sole risk. eSIM: Travel solution App is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that eSIM: Travel solution App is accurate, complete, reliable, current or error-free, free of viruses or other harmful components. You assume the entire risk as to the quality and performance of eSIM: Travel solution App within your use.
Municorn Limited is not liable if the Service fails to meet the customer’s expectations or if there are issues with third-party network coverage or speed.
You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that eSIM: Travel solution App is not responsible or liable for the conduct of any user. eSIM: Travel solution App reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post content or any personal or other information.
You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, a "Third-Party Application") and such Third-Party Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Third-Party Applications, you acknowledge and agree to the following:
FOR UNITED STATES RESIDENTS ONLY: Please read the following Section carefully because it requires you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or we seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or we seek injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and we waive your rights to a jury trial and to have any dispute arising out of or related to these Terms of Use or us resolved in court. Instead, all disputes arising out of or relating to these Terms of Use or us will be resolved through confidential binding arbitration held in Santa Clara County, California in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and we agree that any dispute arising out of or related to these Terms of Use or us is personal to you and us and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and we agree that these Terms of Use affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms of Use and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and we agree that for any arbitration you initiate, you will pay the filing fee and we will pay the remaining JAMS fees and costs. For any arbitration initiated by us, we will pay all JAMS fees and costs. You and we agree that the state or federal courts of the State of California and the United States sitting in Santa Clara County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR US MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND WE WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by notifying us in writing. The notification must be sent to esim-support@municorn.com under the subject “Arbitration Opt-out”.
In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with 18 (Governing Law) below.
These Terms of Use and any claim, controversy or dispute arising out of or related to these Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Cyprus without giving effect to any conflicts of law provision. The courts of the Republic of Cyprus shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use (including any non-contractual disputes or claims), unless settlement by means of arbitration under Section 17 applies. To the extent permissible, the United Nations Convention on Contracts for the International Sale of Goods will not apply.
If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. eSIM: Travel solution's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. This dispute resolution App provision will survive the termination of any or all of your transactions with eSIM: Travel solution.
The following terms apply if you use ESIM: Travel solution App on any device that contains the iOS mobile operating system (“iOS App”) developed by Apple Inc. (“Apple”).
If you have any questions or concerns about these Terms of Use, please contact us:
By email: esim-support@municorn.com
Postal Address:
Municorn Limited
Zinas Kanther 26 Agia Triada,
Limassol CY 3035