The Service Terms (collectively, “agreement”) of Celitech’s services & products included herein are binding and administer the relationship between the service user (“user”, “account holder”, or “you”) and Celitech Inc. (“Celitech”). The main Service Terms & Conditions are summarized herein.
Glossary of Terms
- “eSIM” means embedded SIM profile delivered by Celitech to work with the eUICC of the user device. eSIM is a pre-requisite to activate and utilize Celitech Services.
- “User” or “account holder” means the person who has opened an account with Celitech and has or is about to associate a valid Celitech service or product, such as Celitech’s eSIM, with that account.
- “Celitech App” means any proprietary software or mobile/web applications offered by Celitech.
- “Intellectual Property” rights include the following rights, combined or individually and irrespective of whether registered or otherwise formalized, that may currently exist or may thereafter arise or be created anywhere globally: (a) rights associated with works of authorship, including, without limitation, exclusive exploitation rights, copyrights, designs, benefits of moral rights, and mask work rights; (b) trademarks, service marks, trade dress, logos, trade names, domain names, and corporate names, together with all translations, adaptations, derivations, and combinations thereof and including all goodwill associated therewith; (c) trade secrets and know-how; (d) industrial property rights and all rights associated with patents, patent applications, provisional applications, continuations, continuations-in-part, re-examination certificates, utility models, invention registrations, and invention disclosures; (e) other proprietary rights of every kind, including, without limitation, Confidential Information, rights, interests, and authorities existing pursuant to assignments, contracts, licenses, express or implied, and license registrations; and (f) rights in or relating to applications, filings, registrations, renewals, extensions, derivatives, modifications, enhancements, combinations, divisions, reissues, and the like for any of the rights referred to in all the above.
- Network Operators or “Participating Network Operator” means the network partners of Celitech whose networks are used with Celitech eSIM by the User.
- “Package(s)”, “Service(s)” or “Plan(s)” means Celitech mobile data services and any other service sold by Celitech to the user.
- “Top-Up” means the purchase of a package or service by the user for additional data usage with the eSIM.
- All products and service provided by Celitech are provided on “as is” basis and “with all faults”, and Celitech disclaims ANY warranty of ANY type whether implied, expressed or statutory.
- All products & services offered by Celitech are not fault-tolerant and not designed, manufactured or intended for use in environments that require fail-safe performance. User agrees that Celitech shall not be liable by any mean for any damages or claims related to the user of Celitech’s products or services in high-risk environments or activities.
Scope of Service
- All terms & conditions included herein govern the sale and usage of Celitech Packages, Services & Products.
- An account must have a valid eSIM associated with it. Accounts with unconfirmed email addresses may be deleted in 30 days from first use.
- The eSIM is not loaded with data package or service by default, and a package/service must be purchased in order to use data with the eSIM.
- All packages, services, top-ups and eSIM’s once sold cannot be returned and the cost of the eSIM and any unused service will not be refunded by Celitech, regardless of whether the eSIM and/or the package have been activated or not. In all circumstances Celitech shall not be required to refund any balance remaining in any package, service or top-up acquired by the user.
- The user shall be fully responsible for the use of the eSIM and under no circumstance shall Celitech be liable for any loss or damage incurred or suffered by the user, whether it is resulting from misuse or non-conformity of the eSIM and/or Celitech Services.
- User’s eSIM and any purchase package or top-up is non-refundable & non-transferable.
- The eSIM allows for “data usage” only, as defined by the GSMA. All other services like voice, SMS and MMS cannot be made with the eSIM. No 911 or other emergency calls can be made using this eSIM.
- The eSIM only works on unlocked devices, unless the device provider didn’t lock the eSIM feature or prevented the user from using it.
- The rates and destination countries covered by Celitech Service are subject to change without prior notice.
- For the protection of the User and optimal utilization of its resources, Celitech reserves the right to delete any inactive accounts without any prior notice to the user. User may still open a new account and activate a new eSIM.
- For service configuration, please read our eSIM activation page and our Frequently Asked Questions (FAQ).
- By making the first online purchase or top-up transaction to get a Celitech eSIM, package or service, the user consents and authorizes Celitech to automatically charge the credit card or any other authorized payment method used by the user for any future purchases or top-up of the same eSIM.
- By default, US dollars is the transaction currency for Celitech services, unless another currency is displayed or offered to the user during the service or product purchase.
Price & Regulation Change
- User and Celitech understand and agree that regulators of the Participating Network Operator, or other bodies of competent legal jurisdiction, may impose regulations on telecommunication services. If new regulations are imposed on Celitech or Network Operators abruptly changed their prices, then User hereby acknowledges that Celitech is authorized to make changes to this Terms and Agreement and/or its prices to reflect the new regulations and changes, without any prior notice.
- Celitech shall be entitled to terminate its services, packages, products or Agreement for any of the following reasons:
- Any of the information provided by the user upon purchasing Celitech services or products is found to be unauthorized, false or misleading
- The User abuses Celitech services or products by improper usage, including for illegal or unethical purposes
- Celitech deems it in the best interests of the public to terminate the Celitech service or product sold
- Upon termination, Celitech shall have the right to disconnect the user’s access to any or all of its service and products.
- Excessive usage of data service, determined at Celitech’s sole discretion, acting reasonably, will constitute abuse of data usage privileges by the user. Celitech reserves the right to monitor data usage and to withdraw the packages or services provided to the user at any time in case of overuse or abuse of the service.
- The eSIM usage and the purchased package or service by a user is expected to be a fair data usage. Celitech will not be liable for reimbursement, compensation, or any subsequent loss of any eSIM, and/or Celitech package that is suspended, withdrawn, or terminated under this fair usage policy.
Governing Law & Arbitration
- The US laws of the State of California govern the terms of this Agreement and the user agrees to submit to the jurisdiction of the courts of the State of California in Los Angeles county where Celitech, Inc. is headquartered.
- At Celitech’s sole discretion, any dispute, claim or controversy arising out of or relating to this agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles County, California, on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such Arbitration shall be in writing, shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. An award of Arbitration may be confirmed in a court of competent jurisdiction.
- Notwithstanding the previous paragraph above, Celitech shall have the right to file any action necessary in any court of competent jurisdiction to seek specific performance, an injunction, or other equitable relief to restrain the other as a remedy for any actual or threatened breach.
- Nothing in this agreement or in the parties’ course of dealing shall transfer, assign, or grant to, or be claimed to transfer, assign, or grant any right, title, or interest in, or expressly or impliedly license, including by estoppel, statutory operation, or otherwise, other than as expressly granted, any Intellectual Property Rights of Celitech, its Affiliates, or any third party. Celitech and its Affiliates and licensors reserve all rights thereto, except the limited rights expressly granted to user hereunder.
- All intellectual property rights in Celitech Services & Products belong to Celitech. The purchase or use of such Celitech Services & Products by User does not imply any transfer of intellectual property rights from Celitech to the User.
- User shall not engage in any act or omission that would impair the Intellectual Property Rights of Celitech or its Affiliates or licensors in any Celitech service or product.
- By all means Celitech shall be excused from performance of its obligations under this Agreement if such a failure to perform results from any of the following: (a) compliance with any requirement of applicable law, regulation, or judicial order; (b) any act of God, fire, explosion, flood, strike, embargo, terrorist attack, war, insurrection, or riot; (c) shortage of, or inability to obtain, appropriate labor, fuel, power, or raw materials; (d) any failure or malfunction of User’s equipment, or of any equipment or services used by or otherwise provided to User by a third-party provider; or (e) without limiting the foregoing, any other cause beyond the reasonable control of the excused Party, whether of the class of causes herein before enumerated or not. And any delay resulting from a Force Majeure Event shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable under such circumstances.
- Celitech shall not be liable under any circumstance for any incidental consequential, direct or indirect damages, personal injury or any loss of profits to the user or any third party caused by usage of any of Celitech’s services, packages or products, or in connection to the use or inability to use such services, packages or products to make emergency requests or calls. In any case Celitech’s total liability shall be limited to the price of the last package or service acquired by the user from Celitech. To the extent that any products, service or facilities provided herewith or in relation to this agreement are provided by third parties based on an agreement with Celitech, the limitation of Celitech’s liability set forth herein shall fully extend to such third parties.
- The above limitation shall also include all kinds of damages, losses, personal or third-party injuries and damages resulting from transmission delays or disruption, loss or theft of data, unauthorized access or any damage to systems, software and tools used to deliver the services and products. This limitation fully applies even if Celitech is advised of or is aware of the possibilities of such losses and damages. Celitech provides services it gets from its participating operators’ networks on “as is” basis. Celitech cannot control the reliability & quality of service of such participating networks and thus Celitech disclaims any kind and all the liabilities that may arise from the performance, under-performance or failures of such networks.
Privacy & Miscellaneous Terms