1. Acceptance of Terms
By accessing or using 5D Mobile's eSIM services, website, mobile applications, or APIs (collectively, the "Services"), you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree to these Terms, you may not use our Services.
These Terms constitute a legally binding agreement between you (either an individual or entity) and 5D Mobile. Your use of the Services confirms your acceptance of these Terms.
2. Definitions
- eSIM: Embedded Subscriber Identity Module, a digital SIM that allows activation of cellular plans without physical SIM cards
- Account: Your registered user profile for accessing our Services
- Wholesale Account: Business account for bulk eSIM provisioning
- Reseller Account: White-label business account for reselling eSIM services
- Service Plan: Data plan associated with an eSIM profile
- API: Application Programming Interface for integrating with our platform
3. Eligibility
To use our Services, you must:
- Be at least 18 years of age
- Have the legal capacity to enter into binding contracts
- Provide accurate and complete registration information
- Maintain the security of your account credentials
- Comply with all applicable laws and regulations
For business accounts, you must have the authority to bind your organization to these Terms.
4. Account Registration and Security
4.1 Account Creation
To access certain features, you must create an account by providing:
- Valid email address
- Secure password
- Business information (for wholesale/reseller accounts)
- Payment information
- Device identifiers (IMEI, EID) for eSIM activation
4.2 Account Responsibilities
You are responsible for:
- Maintaining the confidentiality of your login credentials
- All activities that occur under your account
- Notifying us immediately of unauthorized access
- Ensuring accurate and up-to-date account information
- Compliance with these Terms by all users under your account
4.3 Account Suspension
We reserve the right to suspend or terminate accounts that:
- Violate these Terms or applicable laws
- Engage in fraudulent or abusive activities
- Pose security risks to our systems
- Have outstanding payment obligations
5. eSIM Services
5.1 Service Provision
5D Mobile provides eSIM connectivity services through partnerships with mobile network operators worldwide. We offer:
- eSIM profile provisioning and activation
- Data plans for various countries and regions
- Wholesale and reseller programs
- API access for integration
- Dashboard for service management
5.2 Service Availability
- Services are provided "as is" and "as available"
- Coverage areas depend on partner network operators
- Service quality may vary by location and network
- We do not guarantee uninterrupted or error-free service
- Scheduled maintenance may cause temporary disruptions
5.3 Device Compatibility
Your device must:
- Be eSIM-compatible and unlocked
- Support the required network bands
- Have the latest software updates
- Meet carrier requirements for eSIM activation
We are not responsible for device compatibility issues.
6. Pricing and Payment
6.1 Fees
- Pricing for services is displayed on our website and platform
- Wholesale rates are subject to volume tiers
- Reseller pricing includes custom discount structures
- All prices are in USD unless otherwise specified
- Prices are subject to change with notice
6.2 Payment Terms
- Payment is required before service activation
- We accept credit cards, debit cards, and wire transfers
- Wholesale accounts require prepaid balance
- Auto top-up can be configured for convenience
- All payments are non-refundable except as required by law
6.3 Taxes
You are responsible for all applicable taxes, duties, and government fees. We will collect and remit taxes where required by law.
6.4 Refunds
Refunds may be issued at our discretion for:
- Service failures caused by our systems
- Unused data within 7 days of purchase (minus activation fees)
- Accidental duplicate purchases
Refunds are not available for:
- Partial data usage
- Expired or fully consumed plans
- Network coverage issues beyond our control
- Device compatibility problems
7. Data Usage and Fair Use Policy
7.1 Data Allowances
- Each plan includes a specified data allowance
- Data usage is measured and billed accurately
- Unused data does not roll over to subsequent periods
- Overage charges apply when limits are exceeded
7.2 Fair Use
We prohibit:
- Using services for illegal activities
- Excessive or abusive data consumption
- Tethering without authorization
- Commercial resale without proper licensing
- Running servers or continuous streaming services
- P2P file sharing or torrenting
Violation may result in speed throttling, suspension, or termination.
8. Wholesale and Reseller Terms
8.1 Wholesale Accounts
- Available for businesses with bulk eSIM requirements
- Volume-based pricing tiers apply
- Minimum purchase commitments may be required
- Custom integrations available via API
- Dedicated account management for enterprise customers
8.2 Reseller Accounts
- White-label solutions with custom branding
- Flexible pricing and margin configuration
- Access to reseller dashboard and tools
- Marketing materials and support resources
- Revenue sharing based on agreed terms
8.3 Partnership Obligations
Wholesale and reseller partners must:
- Maintain adequate account balance
- Comply with regulatory requirements in their jurisdictions
- Provide accurate customer information
- Handle customer support for end users
- Not misrepresent our services
9. API Usage and Integration
9.1 API Access
- API keys are provided for authenticated access
- Rate limits apply to prevent abuse
- API documentation is available at docs.5d-mobile.com
- Webhooks available for real-time event notifications
9.2 API Terms
- Keep API credentials secure and confidential
- Do not exceed rate limits or attempt to circumvent them
- Implement proper error handling and retry logic
- Monitor API status and announcements
- Comply with API best practices and guidelines
10. Intellectual Property
10.1 Ownership
All content, trademarks, logos, software, and technology used in our Services are owned by 5D Mobile or licensed to us. You may not:
- Copy, modify, or distribute our content without permission
- Reverse engineer or decompile our software
- Use our trademarks without authorization
- Create derivative works based on our Services
10.2 License
We grant you a limited, non-exclusive, non-transferable license to use our Services in accordance with these Terms.
11. Privacy and Data Protection
Your use of our Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your information.
12. Prohibited Activities
You may not:
- Use Services for illegal or fraudulent purposes
- Violate any laws, regulations, or third-party rights
- Transmit malware, viruses, or harmful code
- Attempt unauthorized access to our systems
- Interfere with service operation or other users
- Scrape or harvest data from our platform
- Impersonate others or provide false information
- Spam or send unsolicited communications
13. Service Modifications and Termination
13.1 Changes to Services
We reserve the right to:
- Modify or discontinue Services with notice
- Update features and functionality
- Change pricing with 30 days' notice
- Adjust coverage areas based on partner agreements
13.2 Termination by You
You may terminate your account at any time by contacting support. Prepaid balances are non-refundable except as required by law.
13.3 Termination by Us
We may suspend or terminate your access immediately if you:
- Violate these Terms
- Engage in fraudulent activities
- Fail to pay amounts due
- Pose security risks
14. Disclaimers and Limitations of Liability
14.1 Disclaimer of Warranties
SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
14.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, 5D MOBILE SHALL NOT BE LIABLE FOR:
- Indirect, incidental, or consequential damages
- Loss of profits, data, or business opportunities
- Service interruptions or network issues
- Third-party actions or content
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID IN THE PAST 12 MONTHS.
15. Indemnification
You agree to indemnify and hold harmless 5D Mobile from claims, damages, and expenses arising from:
- Your use of Services
- Violation of these Terms
- Infringement of third-party rights
- Your content or activities
16. Dispute Resolution
16.1 Governing Law
These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.
16.2 Arbitration
Disputes shall be resolved through binding arbitration, except for:
- Small claims court matters
- Intellectual property disputes
- Injunctive relief requests
16.3 Class Action Waiver
You agree to resolve disputes individually and waive the right to participate in class actions.
17. General Provisions
17.1 Entire Agreement
These Terms constitute the entire agreement between you and 5D Mobile regarding the Services.
17.2 Amendments
We may update these Terms from time to time. Continued use after changes constitutes acceptance.
17.3 Severability
If any provision is found invalid, the remaining provisions remain in effect.
17.4 Waiver
Failure to enforce any right does not waive that right.
17.5 Assignment
You may not assign these Terms without our consent. We may assign our rights and obligations freely.
17.6 Force Majeure
We are not liable for delays or failures due to circumstances beyond our reasonable control.
18. Contact Information
For questions about these Terms, please contact us:
19. Acknowledgment
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS & CONDITIONS.