TERMS OF USE

Last Updated: Jan 5th, 2025

Welcome to eSIMDB (the “Site”), owned and operated by ROKKODE Inc. (the “Company,” “we,” “us,” or “our”). These Terms of Use (the “Terms”) govern your access to and use of the Site and any related services we provide. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please discontinue use of the Site immediately.

1. Acceptance of Terms

By accessing or using the Site, you acknowledge and agree that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not accept these Terms in their entirety, you are not authorized to use the Site.

2. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on the Site. Your continued use of the Site after the posting of any changes constitutes your acceptance of those changes.

3. Description of the Site

1. Nature of Service: eSIMDB is a directory and comparison platform for eSIM (embedded SIM) service providers and data plans worldwide.

2. Information Provided: The Site displays information provided by eSIM service providers. While we strive to ensure that the information is up to date, we do not guarantee its accuracy, completeness, or reliability.

3. Affiliate and Promotional Links: The Site contains links and promotional codes through which we may receive affiliate commissions or other forms of compensation.

4. Advertisements: The Site may display advertisements (including but not limited to banner ads). We are not responsible for the content, products, or services offered through such advertisements.

4. Eligibility

You must be at least the age of majority in your jurisdiction to use the Site. By using the Site, you represent and warrant that you are of legal age and have the right, authority, and capacity to enter into and abide by these Terms.

5. Use of the Site

1. Lawful Use: You agree to use the Site in compliance with all applicable laws, regulations, and these Terms.

2. User Conduct: You shall not:

   • Use the Site for any unlawful purpose;

   • Attempt to gain unauthorized access to the Site, our servers, or any accounts;

   • Engage in any activity that disrupts or interferes with the Site’s functionality;

   • Use the Site to transmit any malicious or harmful code, spam, or unsolicited communication;

   • Copy, reproduce, distribute, or create derivative works of the Site’s content (except as expressly permitted by these Terms).

6. Reviews (User-Generated Content)

1. Submission of Reviews

   • The Site may allow you to post reviews, ratings, feedback, comments, or other user-generated content (“Reviews”). By submitting a Review, you represent and warrant that such content:
     a. Is accurate to the best of your knowledge and reflects your honest opinions;
     b. Does not violate any applicable laws or regulations;
     c. Does not infringe upon the rights of any third party, including but not limited to intellectual property, privacy, or publicity rights;
     d. Is not defamatory, obscene, harassing, threatening, or otherwise objectionable; and
     e. Complies with these Terms.

2. Ownership and License

   • You retain all rights to your Reviews. However, by submitting a Review, you hereby grant the Company a worldwide, non-exclusive, royalty-free, transferable, and sub-licensable license to host, use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such Reviews (in whole or in part), and to incorporate the Reviews into other works in any format or medium now known or later developed.

3. Responsibility for Reviews

   • You are solely responsible for the Reviews you post. We do not endorse, guarantee, or assume any responsibility for any Review’s accuracy, completeness, or reliability. You acknowledge that any reliance on Reviews posted by other users is done at your own risk.

4. Monitoring and Removal

   • We reserve the right, but have no obligation, to monitor, review, or modify Reviews at our sole discretion. We may remove, refuse to post, or disable access to any Reviews for any reason, including but not limited to a violation of these Terms or applicable law.

5. No Endorsement

   • Any opinions, statements, or other content posted by users in Reviews belong solely to those users and do not reflect the opinions or views of the Company. We do not endorse any particular eSIM service provider, product, opinion, or individual based on Reviews posted on the Site.

7. Intellectual Property

1. Ownership: All content on the Site (excluding Reviews submitted by users), including text, graphics, logos, icons, images, and software, is the property of the Company or its content suppliers and is protected by intellectual property laws.

2. License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use.

3. Restrictions: You may not modify, reverse engineer, decompile, disassemble, or otherwise attempt to discover or derive the source code of the Site, nor distribute, sell, or lease the Site or any part thereof.

8. Disclaimer of Warranties

1. As Is: The Site is provided on an “as is” and “as available” basis without any warranties of any kind, whether express or implied.

2. No Guarantee: We do not guarantee the accuracy, completeness, reliability, or timeliness of the information provided on the Site, including but not limited to information from eSIM service providers or Reviews posted by users.

3. Links: We have not reviewed all of the third-party websites linked to or from the Site and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Company of the linked site, its content, or its operator. Use of any such linked website is at the user’s own risk.

4. Disclaimer: To the fullest extent permissible under applicable law, we disclaim all warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or course of dealing or usage of trade.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company, its affiliates, directors, officers, employees, agents, or licensors be liable for any direct, indirect, special, consequential, punitive, or incidental damages (including, without limitation, lost profits, loss of data, or business interruption) arising out of or in connection with your access to or use of the Site, even if we have been advised of the possibility of such damages. Your sole and exclusive remedy for dissatisfaction with the Site is to stop using the Site.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, employees, agents, licensors, and partners from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:

1. Your access to or use of the Site;

2. Your violation of these Terms;

3. Your violation of any third-party right, including without limitation any intellectual property, publicity, confidentiality, property, or privacy right; or

4. Any claim that your Reviews or other user-generated content caused damage to a third party.

11. Termination

We reserve the right, in our sole discretion, to suspend or terminate your access to the Site at any time, with or without notice, for any reason or no reason at all. Upon termination, these Terms shall continue to apply to any prior use of the Site.

12. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to these Terms or your use of the Site shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of laws principles. Any dispute, claim, or controversy arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court in Japan. You irrevocably submit to the jurisdiction of such court.

13. Entire Agreement

These Terms, together with any policies or operating rules posted on the Site, constitute the entire agreement and understanding between you and the Company, and supersede any prior agreements regarding the Site. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14. No Waiver

Our failure to enforce any provision or right under these Terms shall not constitute a waiver of such provision or right. Any waiver of any provision or right under these Terms must be in writing to be effective.

15. Contact Us

If you have any questions regarding these Terms or wish to contact us for any reason, please contact us through the contact form.