Beach Bum eSIM Terms of Service

Last updated: June 4, 2025

These Terms of Service (“Terms”) govern your use of the Beach Bum eSIM mobile application and related services (collectively, the “Service”), provided by Beach Bum Vacations (“we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

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1. Acceptance of Terms

By downloading, installing, or using the Beach Bum eSIM app (the “App”) or otherwise accessing our website (beachbumesim.com), you confirm that you have read, understood, and agree to these Terms, along with our Privacy Policy. These Terms apply to all users, including those who sign up for our pre-launch notifications, purchase eSIM plans, or browse our content.

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2. Eligibility

• You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service.
• By using the Service, you represent and warrant that you have legal capacity to enter into these Terms.
• If you are using the App on behalf of a company or other entity, you represent that you have the authority to bind that entity to these Terms.

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3. Account Registration & Pre-Launch Sign-Up

• Email Sign-Up: To receive pre-launch notifications and your exclusive discount code, you must provide a valid email address. We collect only your email at this stage.
• Account Creation (Post-Launch): Once the App is live, you may be required to register for an account inside the App by providing an email and creating a password. You agree to keep your login credentials secure and not share them. You are responsible for any activity under your account.
• Accuracy of Information: You agree to provide accurate, current, and complete information during registration and to update it promptly if it changes.

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4. Description of Service

• The Beach Bum eSIM App allows you to browse, purchase, and activate prepaid eSIM data plans for Canada and 100+ countries.
• We partner with eSIM Access (our eSIM service provider) to deliver immediate eSIM activation and coverage via eSIM Access’s agreements with various local telecommunications carriers. Any reference to network coverage is provided by eSIM Access on behalf of underlying carriers.
• You can manage active or expired eSIM plans, view plan details, and top up or purchase new plans—all within the App.
• Stripe is our sole payment processor for all eSIM purchases; all transactions are securely handled by Stripe. We do not store your full payment information.

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5. Payment & Refund Policy

• Pricing: All prices are displayed in U.S. or Canadian dollars and include any applicable taxes.
• Payment Processing: By purchasing a plan, you authorize Stripe to charge your chosen payment method. You agree that any payment method you provide is valid and that you will pay all charges incurred.
• Non-Refundable Plans: All prepaid eSIM purchases are strictly non-refundable immediately upon activation or installation on the user’s device. There is no cancellation or refund window—once you install or activate an eSIM plan, that purchase is final.
• No Credits: Expired or unused data does not carry over, and no credits or refunds will be issued for unused portions of a plan.

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6. License & Restrictions

6.1 License Grant

• We grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on a compatible mobile device, solely to access and use the Service according to these Terms.

6.2 Restrictions

You agree not to:

• Reverse engineer, decompile, or disassemble the App or any component thereof.
• Modify, adapt, translate, or create derivative works of the App.
• Rent, lease, sublicense, distribute, or transfer any part of the App in any form.
• Remove or alter any proprietary notices or labels on the App.
• Use the App to violate any law, infringe intellectual property rights, or transmit harmful code.
• Use automated scripts, bots, or “scrapers” to access or interact with the Service.

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7. User Content & Feedback

• Any data you submit (e.g., support requests) is considered non-confidential. By sending feedback, suggestions, or ideas (“Feedback”), you grant us an irrevocable, perpetual, royalty-free, transferable license to use, modify, and publish the Feedback for any purpose.
• You represent and warrant that you have all rights necessary to submit any Feedback without violating third-party rights.

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8. Privacy & Data Usage

• We collect minimal personal data: your email (for notifications) and anonymous usage data (via Google Analytics and Sentry) for performance improvements.
• We do not collect personal location data unless you explicitly grant permission for network recommendations.
• Payment details are processed and tokenized by Stripe; we never store your full credit card information.
• Please review our Privacy Policy for full details on how we handle your information.

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9. Termination & Suspension

• Termination by You: You may delete your account and uninstall the App at any time.
• Termination by Us: We reserve the right to suspend or terminate your account, block your email, or restrict your access to the Service if you violate these Terms or for any reason, without notice or liability.
• Effect of Termination: Upon termination, your right to use the Service immediately ceases. Any prepaid plans that are active remain valid until expiration, but you will lose access to account-specific data within the App.

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10. Disclaimers & Limitation of Liability

10.1 No Warranty

• The Service is provided “as is” and “as available,” with no warranties of any kind, express or implied.
• We disclaim all warranties, including merchantability, fitness for a particular purpose, and non-infringement.
• We do not guarantee uninterrupted or error-free operation, and we are not responsible for network outages or coverage limitations as provided by eSIM Access and underlying carriers.

10.2 Limitation of Liability

To the maximum extent permitted by law, Beach Bum Vacations and its affiliates, officers, directors, employees, agents, and licensors will not be liable for:

• Any indirect, special, incidental, consequential, or punitive damages (e.g., lost profits, data loss, business interruption).
• Any damages arising from:
• Your inability to access or use the Service.
• Errors, bugs, or inaccurate content.
• Unauthorized access to or alteration of your data.
• Reliance on any information obtained through the Service.
• Coverage issues caused by third-party carriers via eSIM Access.

10.3 Maximum Liability

Our aggregate liability for any claim arising out of or relating to these Terms or the Service will not exceed the greater of (a) the total amount you paid to us in the 12 months preceding the claim, or (b) USD $100.

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11. Indemnification

You agree to indemnify and hold harmless Beach Bum Vacations, its officers, directors, employees, agents, and affiliates from any claims, liabilities, losses, or expenses (including reasonable attorneys’ fees) arising from:

• Your violation of these Terms.
• Your use or misuse of the Service.
• Your violation of any third-party right, including intellectual property or privacy rights.

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12. Governing Law & Dispute Resolution

• These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada.
• Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada.
• Before filing a lawsuit, you agree to give us an opportunity to resolve the dispute informally.

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13. Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices or legal requirements. We will post the revised date at the top (“Last updated”). Your continued use of the Service after any changes constitutes acceptance of the new Terms. If we make significant changes, we will notify you via email or a banner in the App.

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14. Severability & Waiver

• If any provision of these Terms is found to be invalid or unenforceable, that provision will be deemed severed and will not affect the validity of the remaining provisions.
• Our failure to enforce any right or provision under these Terms will not be considered a waiver of such right or provision.

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15. Contact Information

If you have questions or concerns about these Terms, please contact us:

Email: support@beachbumesim.com

Mailing Address:

Beach Bum Vacations (Beach Bum eSIM)

89 Emery Rd.

Gore Bay, ON

Canada

Thank you for choosing Beach Bum eSIM. We look forward to keeping you connected on your travels!