Terms and Conditions
Last updated : November 15, 2023
Effective date : December 1, 2023
All subscribers, users, and visitors must accept the legally binding responsibilities and obligations outlined in Free Roaming’s Terms of Service, including but not limited to the provisions contained in these terms and conditions.
Please read these Terms carefully before using any Service. By using or continuing to use a Service, you agree to and consent to the rights, obligations, and practices described in these terms and conditions.
1. Introduction
1.1. These Terms and Conditions constitute a legally binding agreement (“Agreement”) between you (the “User”) and Free Roaming LLC, a limited liability company incorporated and registered in the United States of America (“Free Roaming” “we” “our” or “us“), regarding your purchase of an international data plan (“Data Plan”) associated with a prepaid eSIM (“eSIM”) from Free Roaming (the “Service”) for use on your personal device (“Device”).
1.2. Future agreements between the User and Free Roaming may also be subject to supplemental terms and conditions or documents published on our website.
1.3. We recommend that you print a copy of these Terms and Conditions for future reference.
2. Purchase of an eSIM and Activation
2.1. If you purchase one of our eSIMs through our website, you enter into an agreement with us for the purchase of the eSIM and agree to pay us all applicable charges in accordance with the Data Plan of the purchased eSIM.
2.2. As soon as the eSIM is provided to you, you will be responsible for it. If you damage or lose your Device before you have fully paid for the eSIM, you must pay us the full price of the eSIM.
2.3. You may purchase an eSIM through one of Free Roaming’s partners (“Third Parties”). If you purchase one of our eSIMs from a Third Party, you enter into an agreement with that Third Party for the purchase of the eSIM, and Free Roaming is not a party to that agreement.
2.4. Free Roaming will make Data Plans available for specific countries. Free Roaming reserves the right to restrict the availability of such Data Plans in certain jurisdictions. Users may search, select, and purchase our Data Plans through our website or through Third Parties.
2.5. By using the Service, the User agrees that they have an unlocked and eSIM-compatible device, which is necessary to access the eSIM.
3. Duration and Termination
3.1. This Agreement will commence once you purchase the eSIM. Once the eSIM has been downloaded to your Device and the Data Plan has been activated, the downloaded eSIM will remain on your Device after the credit on your Data Plan has been exhausted or your Data Plan has expired. The User may choose to remove the eSIM at any time through their Device settings. However, we recommend that the User does not remove the eSIM until their Data Plan has been fully used or expired. Downloading the eSIM and activating any of the Data Plans may require a stable internet connection.
3.2. The duration of this Agreement will be until the Data Plan has expired or until the credit based on the purchased Data Plan has been exhausted.
3.3. This Agreement will terminate immediately if any of the following situations occur:
3.3.1. The User consumes or the Data Plan expires in accordance with clause 3.2; or
3.3.2. Free Roaming suspends the User’s use of the eSIM or Data Plan for breach of these Terms and Conditions (including any breach of applicable law).
3.4. Upon termination, in accordance with clause 3.3.1, if you do not immediately remove the eSIM from your Device after the Data Plan has been consumed or expired, the eSIM will be provided to you “as is” without any warranty of any kind. Free Roaming will have no liability to you for such eSIM in accordance with this clause 3.4 until the moment of removal.
4. Warranty
4.1. These Terms and Conditions are in addition to your legal rights as a consumer.
4.2. Free Roaming makes no warranties or representations regarding the eSIM or the Service, and all warranties and conditions (except as required by applicable law), whether express or implied by statute, common law, or otherwise, are excluded to the extent permitted by law.
4.3. Free Roaming reserves the right, at its sole discretion, to discontinue the sale, supply, or support of any eSIM at any time.
5. Service Availability
5.1. Free Roaming will take commercially reasonable steps to make the Service available to you at all times, depending on Free Roaming’s and its service providers’ ability to maintain network capacity and connection availability.
5.2. Free Roaming partners with service providers to deliver the Service. Free Roaming has no obligation to inform the User if it engages service providers to assist in delivering the Service.
5.3. Free Roaming does not guarantee the network capacity, quality, or connection availability of the Service. This includes (but is not limited to) any of the following circumstances:
5.3.1. when our service providers need to perform upgrades, maintenance, or other work on their network services;
5.3.2. when you are in areas not covered by our service providers’ network or within the areas specified in your Data Plan;
5.3.3. when factors beyond our control cause disruptions, such as those caused by the characteristics or functions of your device, regulatory requirements, communication network failures, weather conditions, radio interference, or other physical interference.
6. User Obligations
6.1. The User agrees to:
6.1.1. use the eSIM in accordance with these Terms and Conditions;
6.1.2. use the eSIM in compliance with all applicable laws and regulations of the country in which the User is located or normally resides;
6.1.3. not use the eSIM to engage in any fraudulent, criminal, or illegal activity, or in a way that causes disruption or damage to the network;
6.1.4. not use the eSIM to copy, store, modify, publish, or distribute Free Roaming’s commercial information (including trade secrets) except when we give you permission to do so;
6.1.5. not use the eSIM to download, send, or upload content of excessive size, quantity, or frequency; and
6.1.6. not use the eSIM in a way that infringes on the intellectual property rights of a third party.
6.2. The User agrees that no credit, promotion, or reference to the Service (“Promotions”) will be used to undermine the fairness, integrity, or legitimate operation of the Service, including, but not limited to, creating fake user accounts or using fictitious identities to participate in Promotions to win prizes.
6.3. The User agrees that Free Roaming may suspend the Service in case of a breach of these Terms and Conditions. The User must act responsibly and pay all charges due under these Terms and Conditions concerning the suspension of the Service. Free Roaming reserves the right to seek compensation for damages (including legal costs) to the fullest extent permitted by law.
6.4. Free Roaming, at its sole discretion and without any liability to the User, reserves the right to delete the User’s account and prevent the User from future use of the Service or from benefiting from any Promotions.
7. Payment Terms
7.1. The User may purchase the eSIM on our website. Payment will be processed by an authorized agent of Free Roaming.
7.2. All eSIMs are prepaid, and prices include any applicable indirect taxes unless otherwise specified. Indirect tax will be charged based on the postal code provided by the User when entering payment information on Free Roaming.
7.3. “Indirect Taxes” in this clause 7 refers to any sales tax, value-added tax, or any other similar fee or tax that may be applicable at the time of the sale of the Data Plan associated with an eSIM.
7.4. Currency Exchange. Payments to Free Roaming in currencies other than USD are subject to a variable exchange rate fee, which is already included in the posted prices. For the currencies listed below, your bank or payment providers will not charge additional fees, provided your payment account is denominated in the same currency as the one selected in Free Roaming. For payments in all currencies not listed below, your bank or payment provider may charge currency exchange fees. Free Roaming will not be responsible for any bank or credit card charges for foreign currency exchange, which will be your sole responsibility under the agreements between you and your financial service provider.
- USD, EUR, GBP, AUD, CAD, MEX.
8. Data Plans
8.1. Prepaid. All data plans offered by Free Roaming are time-based network access passes, with calculated fees covering the initial provisioning of the requested network resources during the specified time. These plans are prepaid, and Free Roaming guarantees the full allocation of data, whether used or not, during the validity of the plan.
8.2. Daily Data Limits. Plans with daily high-speed data limits (unlimited eSIM plans only) do not allow for the accumulation or transfer of unused data to subsequent days. The high-speed data limit remains constant during each 24-hour period, regardless of prior usage. This limit resets every 24 hours, regardless of actual data consumption. The delivery speed of high-speed data depends on the capacity of the local roaming network, offering speeds of up to 4G LTE or 5G where available, though speed cannot be guaranteed.
8.3. Speed Limitation. Plans that impose speed limitations once the high-speed data quota is exhausted will operate at a maximum speed. This speed, though typically achievable, is not guaranteed and depends on local network conditions and signal strength at the user’s specific location.
8.4. Unused Data. Plans offering fixed or daily data allowances do not allow for the transfer or combination of unused data beyond the prepaid duration. Under no circumstances will unused data be eligible for refunds or transfer to a new data plan. However, the terms and conditions below outline the rights to refunds in the event of service failures.
9. Legal Right of Withdrawal
9.1. If you purchase an eSIM as a consumer, you have the legal right to withdraw from this Agreement within 180 days without giving any reason. The withdrawal period will expire 180 days after the purchase of an eSIM or, if earlier, upon the date the eSIM is activated and the Data Plan is consumed or exhausted, in which case we will provide you with a partial refund proportional to the reduction in value of the eSIM or Data Plan.
9.2. To exercise your right of withdrawal, you must notify us of your decision to withdraw from the Agreement by making an unequivocal statement. Please contact Free Roaming LLC, Attn: Customer Support, whose details can be found in Section 13 below.
10. Return and Refund Policy
10.1. You will receive the Service in accordance with these Terms and Conditions. If you believe that the Service provided does not comply with them or does not meet your legal consumer rights, please inform us. If applicable, we will provide you with a full or partial refund concerning an affected eSIM or Data Plan, in accordance with clauses 10.2 to 10.8 below.
10.2. To obtain a full refund from Free Roaming, the User must meet the following requirements:
10.2.1. The eSIM must have been purchased from Free Roaming through our website (i.e., not from Third Parties);
10.2.2. The eSIM must not have been activated; and
10.2.3. The purchase of the eSIM must have been made no more than 3 months before the refund request.
10.3. Subject to clauses 10.2.1 and 10.2.3, in the following circumstances, Free Roaming may provide you with a full or partial refund proportional to the reduction in value of the eSIM or Data Plan:
10.3.1. If the Data Plan associated with the eSIM has already been activated and/or partially consumed or the credit has been exhausted; or
10.3.2. If the eSIM does not work due to a problem with the network infrastructure or when the network infrastructure in the destination country has issues or is unstable.
10.4. If the User purchases an eSIM and downloads it onto an incompatible or locked Device, Free Roaming will provide the User with a full refund, provided the User has met the requirements of 10.2.1-10.2.3.
10.5. Any prepaid eSIM plan that consumes more than 10% of the plan’s fixed data allocation, or any unlimited eSIM plan that consumes more than 1 GB of data during any period, will be considered successfully provisioned and activated on the network and will not be refundable unless the conditions described in clause 10.3.2 are met.
11. Intellectual Property Rights
11.1. Unless otherwise stated, the eSIM is owned by us (or our licensor) and all the source code, databases, functionality, software, website designs, audio, video, text, and photographs (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) belong to us, are under our control, or are under our license and are protected by copyright and trademark laws and other intellectual property rights.
11.2. Unless expressly stated in these Terms and Conditions, no part of the eSIM or the Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior express written permission.
12. Data Protection
12.1. When you purchase an eSIM, you agree that Free Roaming will process your personal information (“Personal Data”) to make the Service available to you, monitor and improve the Service, and prevent its unauthorized use.
12.2. For more information about how your Personal Data is used or for any other inquiries related to how we may process your Personal Data, please refer to our Privacy Policy and our Cookie Policy.
13. Indemnity
13.1. The User agrees to indemnify and hold harmless Free Roaming and its subsidiaries, affiliates, officers, representatives, partners, employees, and service providers from all losses, costs, charges, demands, legal proceedings, damages, actions, expenses, and claims incurred as a result of:
13.1.1. a breach by you of these Terms and Conditions; and/or
13.1.2. any other matter arising from or related to any use you may make of the Service other than as set out in these Terms and Conditions.
14. Limitation of Liability
14.1. To the extent permitted by law, we exclude all liability (whether contractual, for negligence, or otherwise) for any loss or damage you may suffer in connection with the use of the Service, including the eSIM or any Data Plan. Notwithstanding the foregoing, Free Roaming’s liability under or in connection with this Agreement, whether arising from contract, negligence, or otherwise, shall in no event exceed the amount of the charges payable by the user to Free Roaming under the relevant Data Plan in the 12 months preceding the date on which the event giving rise to such liabilities occurred, or 100 US dollars; whichever is greater. This does not affect our liability for fraudulent misrepresentation or misrepresentation on a fundamental matter, or any other liability that cannot be excluded or limited under applicable law.
15. Governing Law and Legal Compliance
15.1. Except as may be determined by mandatory applicable law: (a) these Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the United States of America; and (b) the courts of the United States of America shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matter or formation.
15.2. Other mandatory laws of other states may also apply to your use of the eSIM.
15.3. The Service is not intended to be used by any person or entity in any jurisdiction or country where such use would be contrary to the relevant laws or regulations. Accordingly, persons who choose to access the Service from locations where such use is prohibited do so on their own initiative and are solely responsible for compliance with local laws, to the extent that local laws are applicable.
16. Variation of these Terms and Conditions
16.1. We may vary any of the terms of your Agreement or any future terms and conditions, including those relating to our Data Plans, as follows:
16.1.1. any updates to the Terms and Conditions and the introduction of new terms will be made available on our website;
16.1.2. we will notify you if we make any changes to this Agreement via the relevant notice. You are free to stop using the Service after receiving this notice, except in the following situations: (a) where the variation is exclusively for your benefit; (b) where the variation is of a purely administrative nature, or (c) where the variation is imposed by applicable law.
16.1.3. If you continue to use the Service after the variation of this Agreement takes effect, you will be deemed to have accepted the variation.
17. General
17.1. Free Roaming may assign, transfer, or subrogate any rights and obligations under this Agreement to any company within its group without the express consent and authorization of the User.
17.2. If at any time any provision of this Agreement (or part of any provision) is or becomes illegal, void, or unenforceable, but would be legal, valid, and enforceable if some part of it were deleted or modified, the provision or part of the provision in question shall apply with the deletions or modifications necessary to make the provision legal, valid, and enforceable.
17.3. No failure or delay by either party in exercising any right or remedy under this Agreement shall be construed as a waiver of such right or remedy, nor shall any single or partial exercise of any right or remedy preclude any further exercise of such right or remedy. No waiver by either party of any breach by the other of any provision of this Agreement shall be deemed a waiver of any prior or subsequent breach. The rights and remedies provided in this Agreement are cumulative and do not exclude any rights or remedies provided by law.
17.4. This Agreement is written in English. In the event of a conflict between the English version of the Agreement and any translated copy, the Spanish version shall prevail.
18. Free Roaming Contact Information
For more information about these Terms and Conditions, to provide feedback, or to file a complaint, you can contact our team 24/7, 365 days a year, through the platforms listed below:
Email: help@freeroaming.io
Chat: haga clic en la ventana emergente azul situada en la esquina inferior derecha de esta página.
WhatsApp: +1 305 290 5791.
All business enquiries should be sent to: business@freeroaming.io
