Terms of Service - Lumo eSIM

1. Acceptance of the Terms

These Terms govern your access to and use of the Site and Services. "Services" include the Lumo eSIM marketplace, account portal, communications, checkout experiences, customer support, and any downloadable materials. Additional terms, guidelines, or policies (including our Privacy Policy, plan-specific terms, or promotional rules) are incorporated by reference. If you are accessing or using the Services on behalf of an entity, you represent and warrant that you have authority to bind that entity, and "you" will refer to that entity.

You must be at least 18 years old (or the age of majority in your jurisdiction) to access or use the Services. By using the Services, you represent and warrant that you meet this requirement and that all information you submit is truthful, accurate, and complete.

We may update these Terms from time to time in accordance with Section 21. Your continued use of the Services after the effective date of any updated Terms constitutes your acceptance of the revised Terms.

2. Accounts

Registration. Certain features of the Services require an account. During registration you must provide accurate, current, and complete information and keep it up to date. We may allow sign-in via email/password or third-party identity providers such as Google or Facebook; additional provider terms may apply.
Account Security. You are responsible for safeguarding your credentials and for all activities that occur under your account. Notify us immediately at help@lumo.to if you suspect unauthorized access. Lumo is not liable for losses resulting from compromised credentials caused by your acts or omissions.
Deletion. You may delete your account at any time by following the instructions within the Services or by contacting support. We may retain certain information as required by law, for legitimate business purposes, or as described in our Privacy Policy.
Business Use. If you create or manage an account on behalf of a company, you are responsible for ensuring that only authorized individuals access that account and that all users comply with these Terms.

3. Access to the Services; License and Ownership

Limited License. Subject to these Terms, Lumo grants you a limited, revocable, non-transferable, non-sublicensable license to access and use the Services for your personal, individual, non-commercial use or for the internal business purposes of the entity you represent.
Restrictions. You may not (a) reproduce, distribute, publicly display, or create derivative works of the Services; (b) resell or commercialize the Services or any eSIM plan except as expressly authorized by Lumo; (c) reverse engineer, decompile, disassemble, or otherwise attempt to obtain the source code of any software included in the Services; (d) access the Services to build a competing product; or (e) remove, obscure, or alter any proprietary notices.
Modifications. We may modify, suspend, or discontinue any part of the Services at any time. When we make material changes, we will provide notice where feasible. Lumo is not liable for any modification, suspension, or discontinuation of the Services.
No Support Obligation. Unless expressly agreed in writing, we do not commit to providing support, maintenance, or service level guarantees. We may, however, provide self-help resources or discretionary assistance.
Ownership. Except for User Content (defined in Section 8), Lumo and its licensors retain all right, title, and interest in and to the Services, including all associated intellectual property rights. No rights or licenses are granted to you except as expressly set forth in these Terms.

4. eSIM Plans and Connectivity Services

Lumo offers global prepaid connectivity plans delivered through eSIM technology and Partner carrier networks. Availability, coverage, speed, latency, and quality of connectivity vary by location, device, network congestion, and other factors beyond Lumo's direct control.
You are solely responsible for confirming device compatibility. Your device must support eSIM, be carrier-unlocked, and support the radio bands used in the region where you intend to use the plan. Connectivity may be unavailable or degraded if your device does not meet these requirements.
Connectivity plans are not a substitute for wired or emergency services. The Services do not support 911/112 or other emergency calls; you must maintain an alternative means of contacting emergency responders at all times.
Lumo may implement usage, speed, or fraud-prevention safeguards required by carrier Partners or applicable laws. Such measures may result in throttling, connection suspension, or termination if misuse, excessive consumption, or suspicious activity is detected.
We may update plan details, pricing, available geographies, or included data bundles at any time prior to purchase. Plan descriptions presented during checkout form part of these Terms.

5. Orders, Pricing, Taxes, and Payment

Orders. Each order you place constitutes an offer to purchase an eSIM plan. Orders are subject to acceptance and availability. We reserve the right to reject or cancel any order for any reason, including suspected fraud or errors.
Pricing. Prices are displayed in the applicable currency at checkout and may change without notice until your order is submitted. Promotional pricing may be subject to additional terms.
Payment Processing. Payments are processed by Stripe or other authorized payment processors. By submitting payment details, you authorize us and our processor to charge the applicable amount, along with any taxes or fees disclosed at checkout, to your selected payment method.
Taxes and Fees. You are responsible for all applicable taxes, duties, governmental charges, surcharges, or carrier fees arising from your purchase or use of the Services. We may collect taxes when required by law, but the ultimate responsibility remains with you.
Billing Issues. You agree to promptly update your payment information for accuracy and to resolve any payment disputes with us before initiating a chargeback. See Section 6 for refund terms.

6. Activation, Delivery, and Data Usage

Following successful payment, your eSIM activation details (such as a QR code or activation code) are delivered digitally through the Services and/or by email.
Activation occurs when an eSIM profile is installed and successfully provisioned on your device or when the profile first connects to a Partner network, whichever occurs earlier.
Data usage is measured by our systems and/or Partner networks and begins with the first transmitted byte of data. Measurement variances may occur because of network conditions or Partner reporting intervals.
Connectivity plans may include expiration dates, regional restrictions, or other usage limitations disclosed at purchase. Unused data or time does not roll over unless expressly stated.

7. Refunds, Cancellations, and Chargebacks

Refunds are available only if a plan has not been activated and you request the refund within seven (7) days of purchase.
No refunds are granted after activation or once seven (7) days have elapsed from the date of purchase, whichever occurs first.
Device incompatibility, lack of coverage, speed or latency issues, or user error after activation do not qualify for refunds.
Before initiating a chargeback, you must contact help@lumo.to so we can investigate and attempt to resolve the issue. Unresolved or bad-faith chargebacks may be treated as a breach of these Terms and may lead to account suspension.

8. Acceptable Use and Prohibited Conduct

You agree to use the Services responsibly and in compliance with all applicable laws. You will not:

use the Services in a manner that infringes, misappropriates, or violates third-party rights (including intellectual property, privacy, or publicity rights);
upload, transmit, or distribute content that is unlawful, harmful, defamatory, obscene, harassing, or otherwise objectionable;
engage in fraudulent, abusive, or illegal activity, including SIM fraud, spam, spoofing, or attempts to bypass network protections;
resell, share, or transfer plans except as expressly permitted, or use automation to create accounts or purchase plans at scale;
interfere with, disrupt, or degrade the integrity or performance of the Services or Partner networks, including by excessive usage inconsistent with normal personal use;
probe, scan, or test the vulnerability of any system or network without prior written authorization from Lumo.

9. User Content and Feedback

"User Content" means any information, data, text, graphics, or other materials that you submit, post, upload, publish, or otherwise make available through the Services (including account profile information, reviews, or support communications). You are solely responsible for your User Content and for the consequences of posting or publishing it.

You represent and warrant that your User Content is accurate, does not violate these Terms, and that you have all rights necessary to submit it.
You grant Lumo a worldwide, perpetual, irrevocable, nonexclusive, royalty-free, fully paid, sublicensable and transferable license to use, host, store, reproduce, modify, create derivative works of, publicly perform, publicly display, and distribute your User Content in connection with operating, improving, and promoting the Services.
You acknowledge that we have no obligation to monitor, screen, or remove User Content, but we reserve the right to do so and to take appropriate action (including removing content or terminating access) if User Content violates these Terms or applicable law.
You acknowledge that we are not responsible for User Content provided by others. Your interactions with other users are solely between you and those users.

Any suggestions, feedback, or ideas you provide about the Services are voluntary. We may use such feedback without restriction or obligation to you, and you hereby assign to Lumo all rights in such feedback.

10. Intellectual Property

The Services and all related content, features, and functionality are owned by Lumo or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
Lumo names, marks, logos, product names, and slogans are trademarks of Lumo or its affiliates. Other third-party names and marks used in the Services are the property of their respective owners.
Except for the limited license granted in Section 3, no rights are granted to you by implication or otherwise. Unauthorized use of any Lumo intellectual property is strictly prohibited.

11. Third-Party Services and Partners

The Services integrate with third-party platforms and providers, including but not limited to Supabase (authentication and database), Stripe (payments), Google and Facebook (OAuth), analytics providers (such as Google Analytics and Vercel Analytics), advertising platforms (such as Reddit Pixel), AI service providers (such as ElevenLabs for our voice assistant), and carrier or aggregator Partners that deliver connectivity.
Your use of third-party services is subject to the terms, conditions, and privacy policies of those third parties. Lumo is not responsible for third-party services, content, or conduct.
We may provide links or access to third-party resources. We do not endorse or assume responsibility for any third-party materials or websites and you access them at your own risk.

12. Privacy

Your use of the Services is subject to the Lumo Privacy Policy, which explains how we collect, use, and share personal data. By using the Services, you consent to our collection and use of personal data as described in the Privacy Policy.

13. Suspension and Termination

We may suspend or terminate your access to the Services (including any account) at any time and for any reason, including if we reasonably suspect that you have violated these Terms, engaged in fraud or abuse, or if required by law or a Partner. We will use reasonable efforts to notify you, but we are not obligated to do so when immediate action is necessary.

Upon termination, your right to use the Services ceases immediately and we may delete any associated User Content from our systems. Sections of these Terms that by their nature should survive termination will continue to apply, including Sections 4 through 23.

14. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES (INCLUDING ALL CONNECTIVITY PLANS, SOFTWARE, AND CONTENT) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. LUMO DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. CONNECTIVITY PERFORMANCE AND AVAILABILITY DEPEND ON THIRD-PARTY NETWORKS OUTSIDE OUR CONTROL. YOU ASSUME ALL RISK FOR YOUR USE OF THE SERVICES.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUMO AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF THE SERVICES, EVEN IF LUMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, LUMO'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID LUMO FOR THE SERVICES THAT GAVE RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT, OR (B) FIFTY U.S. DOLLARS (US $50). THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. OUR SUPPLIERS SHALL HAVE NO LIABILITY ARISING FROM OR RELATING TO THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

16. Release

To the fullest extent permitted by law, you release Lumo and its Affiliates from responsibility for disputes between you and other users or third parties in connection with the Services. If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

17. Indemnification

You agree to indemnify, defend, and hold harmless Lumo and its officers, directors, employees, agents, affiliates, Partners, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (a) your use of the Services; (b) your violation of these Terms; (c) your violation of applicable laws or regulations; or (d) your User Content. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.

18. Export and Compliance

You may not access or use the Services if you are located in a jurisdiction where use of the Services is prohibited, or if you are listed on any U.S. government restricted party list. You agree to comply with all applicable import, export, and economic sanctions laws and regulations. You will not use the Services for any prohibited end use, including nuclear, chemical, or biological weapons proliferation, or in violation of U.S. export controls or sanctions administered by the U.S. Department of Treasury or Department of Commerce.

19. Dispute Resolution and Arbitration

Please read this Section carefully because it requires you to arbitrate certain disputes with Lumo and limits the manner in which you can seek relief from us. For purposes of this Section 19, "Lumo Parties" means Lumo and its parents, subsidiaries, affiliates, successors, assigns, officers, directors, employees, agents, and representatives.

19.1 Informal Resolution. Before filing a claim, the complaining party must first send the other party a written notice of the dispute ("Notice"). Notice to Lumo must be sent by email to help@lumo.to or by mail to 2261 Market Street STE 86867, San Francisco, CA 94114. The Notice must include your name, account email, mailing address, telephone number, a description of the dispute, and the relief sought. The parties will attempt to resolve the dispute through an informal conference within 45 days after the Notice is received, unless the parties mutually agree to extend the period.

19.2 Agreement to Arbitrate. If the parties cannot resolve the dispute informally, either party may commence binding arbitration administered by JAMS under the JAMS Comprehensive Arbitration Rules and Procedures (or, for disputes not exceeding $250,000, the JAMS Streamlined Arbitration Rules). The arbitration will be conducted by a single arbitrator. The arbitrator shall have exclusive authority to resolve all disputes subject to arbitration, including but not limited to disputes regarding the interpretation, applicability, enforceability, or formation of these Terms, except that the courts have exclusive authority over issues expressly reserved for them in this Section 19.

19.3 Arbitration Procedures. If you are represented by counsel, the arbitration demand must be signed by your attorney and certify compliance with Rule 11 of the Federal Rules of Civil Procedure. Unless the parties agree otherwise, the arbitration hearing will take place in the county of your residence. Arbitration filings and proceedings may be conducted by telephone, video conference, and/or submission of documents if the arbitrator finds such procedures appropriate. Subject to the JAMS Rules, the arbitrator may allow reasonable discovery. The arbitrator's decision will be final and binding, and judgment may be entered in any court having jurisdiction.

19.4 Fees. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules. Each party shall bear its own attorneys' fees and costs unless the arbitrator determines that a claim is frivolous or brought for an improper purpose, in which case the prevailing party may recover its reasonable attorneys' fees and costs.

19.5 Waiver of Jury Trial. EXCEPT AS PROVIDED IN SECTION 19.7, YOU AND THE LUMO PARTIES WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL BY JURY. You and Lumo elect to have disputes resolved by arbitration.

19.6 Waiver of Class or Other Non-Individualized Relief. EXCEPT AS PROVIDED IN SECTION 19.8, YOU AND LUMO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

19.7 Exceptions. Notwithstanding the parties' agreement to arbitrate, either party may (a) seek relief in small claims court for disputes or claims within its jurisdiction, (b) seek injunctive or other equitable relief in a court of competent jurisdiction for infringement or misappropriation of intellectual property rights, or (c) seek interim relief from a court to maintain the status quo pending arbitration.

19.8 Batch Arbitration. If 25 or more customers initiate substantially similar arbitration demands and are represented by the same or coordinated counsel, the parties agree that JAMS will randomly select five cases to proceed, and the remaining cases will be stayed. Once the first batch is resolved, the parties will use their best efforts to resolve the remaining cases, and if they cannot, another batch of five will be selected. This process will continue until all claims are resolved. A court will have authority to enforce this subsection.

19.9 30-Day Right to Opt Out. You may opt out of this arbitration agreement by sending a written notice of your decision to opt out to 2261 Market Street STE 86867, San Francisco, CA 94114, or by email to help@lumo.to, within 30 days after you first agree to these Terms. Your notice must include your name, mailing address, account email, and a clear statement that you want to opt out of arbitration. Opting out of arbitration does not affect any other agreements you have with us.

19.10 Severability and Survival. If any portion of this Section 19 is found unenforceable, the unenforceable provision will be severed, and the remaining portions shall remain in full force, except that if the class action waiver in Section 19.6 is found unenforceable, the entire arbitration agreement will be void.

20. Copyright Policy and DMCA

Lumo respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we will remove or disable access to material that we believe in good faith infringes the rights of others.

If you believe your copyrighted work has been copied in a way that constitutes infringement, please send a written notice to our designated Copyright Agent that includes all of the following:

Your physical or electronic signature.
Identification of the copyrighted work you claim has been infringed.
Identification of the material that you believe is infringing, including a description of where it is located on the Services.
Your contact information, including your address, telephone number, and email address.
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the owner's behalf.

Designated Copyright Agent: Lumo Wireless, Inc., Attn: Legal, 2261 Market Street STE 86867, San Francisco, CA 94114, USA; Email: help@lumo.to.

21. Changes to These Terms

We may revise these Terms from time to time. If we make material changes, we will provide notice by email (if you have provided one) and/or by posting the updated Terms on the Site with a new "Effective Date." Your continued use of the Services after the updated Terms become effective constitutes acceptance. If you do not agree to the updated Terms, you must stop using the Services and, if applicable, delete your account.

22. Miscellaneous

Force Majeure. Lumo is not liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, internet or telecommunications failures, or failures of service providers.
Assignment. You may not assign or transfer these Terms without Lumo's prior written consent. Lumo may assign these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.
Entire Agreement. These Terms, together with any additional policies or terms referenced herein, constitute the entire agreement between you and Lumo regarding the Services and supersede any prior agreements.
Severability and Waiver. If any provision is held invalid or unenforceable, the remaining provisions will remain in effect. Lumo's failure to enforce any provision will not be considered a waiver of our rights.
Governing Law. These Terms and any disputes arising out of or related to them are governed by the laws of the State of Delaware, USA, without regard to its conflict of laws principles, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement in Section 19.
Notices. We may provide notices to you via email, within the Services, or by posting on our Site. You may provide legal notices to us by mail at 2261 Market Street STE 86867, San Francisco, CA 94114, with a copy to help@lumo.to.

23. Contact

If you have questions about these Terms or the Services, contact Lumo Wireless, Inc. at help@lumo.to or by mail at 2261 Market Street STE 86867, San Francisco, CA 94114, USA.