Terms of service

Last updated: [date] · Effective: [date]

1. Accepting these terms

These terms of service (“Terms”) form a binding agreement between you and Esender LLC, a [State of registration] limited liability company with its registered address at [Registered address] (“Esender”, “we”, “us” or “our”).

They apply to Esender Chat, Esender eSIM, and — once available — Esender VPN and Esender Wallet, as well as our websites and any related support (together, the “Services”). By creating an account, buying a plan or otherwise using the Services, you agree to these Terms and to our privacy policy. If you don't agree, please don't use the Services.

Some Services may come with additional terms, such as plan details shown at checkout. If they conflict with these Terms, the additional terms apply to that Service.

Please read section 15 carefully. [If an arbitration agreement and class-action waiver are adopted, add a prominent notice here.]

2. Eligibility

You must be at least [13 / 16 — minimum age to be confirmed per country] years old to use Esender Chat, and at least 18 years old (or the age of majority where you live) to buy eSIM plans or, when available, use Esender Wallet. If you use the Services on behalf of an organisation, you confirm you have authority to accept these Terms for it.

You may not use the Services if you are barred from doing so under applicable law, including US sanctions and export-control laws.

3. Your Esender account

• One Esender account gives you access to every Esender app. Please give accurate information and keep it up to date.
• You are responsible for keeping your sign-in details secure and for activity on your account. Tell us promptly through our support form if you think someone else has accessed it.
• You may not sell, transfer or share your account, or create an account for someone else without their permission.
• You can close your account at any time by contacting us. Closing your account ends your access to every Esender app. [State how unused eSIM plans are treated when an account is closed.]

4. Esender Chat

Your content

You own the messages, voice notes, photos, files and stories you share (“Your Content”). You give Esender a worldwide, non-exclusive, royalty-free licence to store, process, transmit and display Your Content only as needed to operate, secure and improve the Services — for example, to deliver a message to the people you send it to. You are responsible for Your Content and confirm you have the rights to share it.

Acceptable use

Esender Chat is for genuine conversations. When you use it, you agree not to:

• send spam, bulk or automated messages, or messages to people who haven't agreed to hear from you;
• harass, threaten, bully, impersonate or intimidate anyone;
• share content that sexually exploits or endangers children — we will report such content to the relevant authorities;
• share content that is illegal, promotes violence or terrorism, or infringes someone else's intellectual property or privacy;
• distribute malware, phishing links or scams; or
• use groups or communities to coordinate any of the above.

Group and community owners are responsible for managing their members. You can block and report other users in the app. We may remove content, limit features or suspend accounts that break these rules.

Not an emergency service

Esender Chat is not a replacement for your phone's regular calling service and must not be relied on to contact emergency services. Always use your phone's regular calling to reach them.

5. Esender eSIM

Plans

Esender eSIM plans provide mobile data in the destinations listed for each plan. Each plan's data allowance, validity period, coverage and price are shown before you buy and form part of these Terms. Plans provide data only unless the plan description says otherwise; they do not include a phone number, calls or text messages. Network speed and coverage depend on our network partners and local conditions and are not guaranteed.

Device compatibility

You are responsible for making sure your device supports eSIM and is carrier-unlocked before you buy. Check the compatibility guide. [State whether purchases on incompatible devices are refundable.]

Installation and activation

• Install your eSIM using the in-app guide, on a stable Wi-Fi connection. Some eSIMs can be installed only once — don't delete an installed eSIM unless we ask you to.
• To use data abroad, enable the travel line for mobile data and turn on data roaming for that eSIM only. Your main line stays active; charges from your home carrier for calls, texts or data on your main line are your responsibility.
• The plan's validity period begins [on installation / on first connection in a covered destination / on purchase — to be confirmed], as stated in the plan details. Unused data expires at the end of the validity period and cannot be carried over.

Fair use

Plans are for personal travel use on a single device. You may not resell plans, use them in machine-to-machine or IoT devices, or use them in ways that harm network partners' networks. Network partners may apply traffic management. [Confirm any fair-use limits or speed reductions.]

Refunds

[Refund policy to be confirmed.] It should cover: refunds for plans that have not been installed; plans that cannot be installed or connect due to a fault on our side or our partners'; incompatible devices; and partially used plans. Nothing in these Terms limits any refund rights you have under applicable consumer law.

6. Esender VPN and Esender Wallet

Esender VPN and Esender Wallet are in development and are not yet available. When each launches, it will be governed by these Terms together with additional service-specific terms that we will publish before launch. [VPN: acceptable use, logging and jurisdictional limits. Wallet: regulated-partner terms, identity verification, transaction limits, disputes and fees.] Joining an early-access list does not guarantee access to either Service or create any obligation to buy.

7. Payments

• Prices are shown in the app at checkout, in the currency shown, [inclusive / exclusive — to be confirmed] of applicable taxes.
• You can pay by card or Apple Pay. Payments are processed by our payment processors, and your payment method may be subject to their terms.
• You authorise us and our payment processors to charge your chosen payment method for purchases you make.
• We may change plan prices at any time, but changes won't affect plans you have already bought.
• If a payment is reversed or charged back, we may suspend the related plan or account while we look into it.

8. Prohibited use

Across all Services, you agree not to:

• break any law or regulation, or help anyone else do so;
• access or try to access accounts, systems or data you are not authorised to access;
• probe, scan, disrupt or overload our systems, except through our responsible disclosure process;
• reverse engineer, decompile or copy the apps, except where the law allows it;
• use bots, scrapers or other automated means to access the Services without our written permission;
• commit fraud, including using stolen payment methods; or
• use the Services to build a competing product.

9. Intellectual property

The Services, including our apps, software, designs, the Esender name and logos, are owned by Esender or its licensors and protected by intellectual-property laws. We give you a personal, non-exclusive, non-transferable, revocable licence to use the apps on devices you own or control, for your own use, under these Terms. You may not use the Esender name or logos without our written permission.

If you send us feedback or suggestions, we may use them without obligation to you.

If you believe content on the Services infringes your copyright, contact us through our contact form with the details required by the Digital Millennium Copyright Act. [Designate a DMCA agent.]

10. Third-party services

The Services rely on third parties, including app stores, payment processors and mobile network partners, and may link to third-party websites. We are not responsible for third-party services, and your use of them may be subject to their own terms. The Apple App Store and Google Play have their own terms that also apply when you download our apps from them. [Add app-store-specific terms required by Apple and Google.]

11. Disclaimers

We work hard to keep the Services running well, but to the fullest extent allowed by law, the Services are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We don't guarantee that the Services will be uninterrupted, error-free or available in every location, or that eSIM coverage or speeds will meet your expectations.

Some jurisdictions don't allow certain warranties to be excluded, so some of these exclusions may not apply to you.

12. Limitation of liability

To the fullest extent allowed by law, Esender and its members, officers, employees and partners will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, data or goodwill, arising from your use of the Services.

Our total liability for any claim relating to the Services is limited to the greater of (a) the amount you paid us for the Service giving rise to the claim in the [12] months before the claim arose, or (b) [US$ amount to be confirmed].

Nothing in these Terms limits liability that cannot be limited by law, including your statutory rights as a consumer.

13. Indemnity

To the extent allowed by law, you agree to defend and indemnify Esender against claims, losses and costs (including reasonable legal fees) arising from your breach of these Terms, Your Content or your misuse of the Services.

14. Suspension and termination

You can stop using the Services at any time. We may suspend or end your access to all or part of the Services if you break these Terms, if we must do so by law, or if your use creates risk or harm for Esender, our partners or other users. Where reasonable, we'll tell you in advance and explain why. We may also discontinue a Service with reasonable notice; if we do, we'll handle any active paid plans as described in our refund policy.

Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnity and governing law — will survive.

15. Governing law and disputes

These Terms are governed by the laws of the State of [State], United States, without regard to its conflict-of-law rules. Subject to the paragraph below, disputes will be resolved exclusively in the state or federal courts located in [County, State], and you and Esender consent to their jurisdiction.

[Decide whether to adopt binding individual arbitration and a class-action waiver, including an opt-out period and small-claims exception.]

If you live in the European Union, the United Kingdom or another country whose laws give you the right to bring claims in your local courts or to rely on mandatory local consumer protections, nothing in these Terms takes those rights away.

Before starting a formal dispute, please contact us so we can try to resolve it informally.

16. Changes to these terms

We may update these Terms as the Services change — for example, when Esender VPN or Esender Wallet launches. We'll change the “Last updated” date above and, for material changes, give you notice in the apps or by email before they take effect. If you keep using the Services after changes take effect, you accept the updated Terms; if you don't agree, you can stop using the Services and close your account.

17. General

• These Terms, together with our privacy policy and any service-specific terms, are the entire agreement between you and Esender about the Services.
• If any part of these Terms is found unenforceable, the rest remains in effect.
• If we don't enforce a right straight away, we haven't waived it.
• You may not transfer your rights under these Terms without our consent. We may transfer ours to an affiliate or in connection with a merger, acquisition or sale of assets.
• We're not liable for delays or failures caused by events beyond our reasonable control, including network outages at our partners.

18. Contact us

Questions about these Terms? Contact:

Esender LLC
[Registered address]
Contact: esender website contact form

You can also use our contact form.