Instarem eSIM Terms and Conditions

Last updated: 4 June, 2025

1. VALIDITY OF GENERAL TERMS AND CONDITIONS

These Terms and Conditions (the “Terms and Conditions” or these “Terms”) constitute a legally binding agreement between you (“Customer” or “you”) and Nium Pte Ltd and its affiliated entities (collectively referred to hereafter as “Instarem”) and govern your use of our products, services, mobile application (the “App”), (collectively with the foregoing, the “Services”). The following Terms and Conditions are provided on the website https://www.instarem.com/esim-terms-conditions-sg/. Instarem may accept variant clauses only in the case of an explicit written agreement. This section defines various categories of individuals and entities who interact with Instarem’s services, platforms, and applications. Understanding these roles is crucial for interpreting the rights, obligations, and conditions described in these Terms and Conditions. 

The term “Customer” as used throughout this document will refer to any individual  engaging with Instarem’s services. CUSTOMER ACKNOWLEDGES AND AGREES THAT, BY CLICKING ON THE “I AGREE” OR SIMILAR BUTTON, REGISTERING FOR AN ACCOUNT, DOWNLOADING THE APP OR ANY APP UPGRADES, USING THE APP ON CUSTOMER’S MOBILE DEVICE, OR ACCESSING OR USING THE SERVICES, CUSTOMER IS INDICATING THAT THEY HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT CUSTOMER HAS REGISTERED WITH THE SITE OR THE APP. IF CUSTOMER DOES NOT AGREE TO THESE TERMS OF SERVICE, THEN CUSTOMER HAS NO RIGHT TO ACCESS OR USE THE SERVICES.  These Terms of Service are effective as of the date Customer first clicks “I agree” (or similar button or checkbox) or use or access the Services, whichever is earlier.  If Customer accepts or agrees to these Terms of Service on behalf of its employer or another legal entity, Customer represents and warrants that (i) Customer has full legal authority to bind its employer or such entity to these Terms of Services; (ii) Customer has read and understands these Terms of Service; and (iii) Customer agrees to these Terms of Service on behalf of the party that Customer represents.  In such event, “Customer” will refer and apply to Customer’s employer or such other legal entity. 

Any personal data Customer submits to Instarem or which Instarem collects about Customer is governed by its Privacy Policy (“Privacy Policy”), available at https://www.nium.com/privacy/privacy-policy.  Customer acknowledges that by using the Services, Customer has reviewed the Privacy Policy.  The Privacy Policy is incorporated by reference into these Terms of Service and together form and are hereinafter referred to as this “Agreement.” 

PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN CUSTOMER AND INSTAREM CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION (SECTION 20). PLEASE READ CAREFULLY AS IT AFFECTS CUSTOMER’S LEGAL RIGHTS, INCLUDING, IF APPLICABLE, CUSTOMER’S RIGHT TO OPT OUT OF ARBITRATION. 

2. DESCRIPTION OF SERVICES

2.1.  USING THE SERVICES 

Customer must download the Instarem App and have an Instarem account (an “Account”) to use the Services, and as part of that process Customer will be requested to provide certain information, including without limitation Customer’s name, full address, phone number and email address. By using the Services, Customer agrees to provide true, accurate, current and complete information as prompted by the registration process and to maintain and promptly update the Account information to keep it accurate, current and complete. Customer is the sole authorized user of Customer’s Account. Customer is responsible for maintaining the confidentiality of any log-in, password, and Account number provided by Customer or given to Customer by Instarem for accessing the Services. Customer is solely and fully responsible for all activities that occur under Customer’s password or Account, even if not authorized by Customer. Instarem has no control over the use of any user’s Account and expressly disclaims any liability derived therefrom. Should Customer suspect that any unauthorized party may be using Customer’s password or Account or Customer suspects any other breach of security, Customer agrees to contact Instarem immediately. You shall not introduce into the Instarem App any content, material or code which contains any virus, Trojan horse, worms, time bomb, cancelbot or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or data. 

The person signing up for the Services will be the contracting party (“Account Owner”) for the purposes of these Terms of Service and will be the person who is authorized to use any corresponding Account Instarem provides to the Account Owner in connection with the Services; provided, however, that if Customer is signing up for the Services on behalf of Customer’s employer, Customer’s employer shall be the Account Owner. As the Account Owner, Customer is solely responsible for complying with these Terms of Service and only Customer is entitled to all benefits accruing thereto. Customer’s Account is not transferable to any other person or account. Customer must immediately notify Instarem of any unauthorized use of Customer’s password or identification or any other breach or threatened breach of Instarem’s security or the security of Customer’s Account. 

You shall be solely responsible, at your own cost and expense, for obtaining, installing and maintaining such suitable device, software, and communication means as may be required to use the Instarem App. 

We may update the Instarem App from time to time. During such time, you may not be able to access the Instarem App and you may be required to update your device’s software to the latest version after such update.  

Third party services offered by Instarem App. We may from time to time introduce, offer, promote or facilitate access to certain third party products and/or services on the Instarem App. Any purchase, enabling, or engagement of such third party products and/or services, including but not limited to implementation, customisation, consulting services, and any exchange of personal information between you and any third party service provider, is solely between you and the applicable third party service provider and is subject to the terms and conditions of such third party service provider. We assume no responsibility or liability, and shall not be held responsible or liable, for any losses or damages caused or alleged to have been caused by the use of or reliance on any content, products or services made available by such third party service providers, including over their websites. We do not have control of such websites and the reference to any such websites does not mean that we endorse the material on such websites or have any association with the owner thereof. We also do not warrant the quality of such third party products and/or services and are not responsible or liable for such third party products and/or services or any losses or issues that arise from your use of such third party products and/or services. If you purchase, enable or engage any third party products and/or services, you agree and consent that we may grant such third party service provider access to your personal information as required for the interoperation of such third party product and/or services and any services provided by us under these Terms. You represent and warrant that your use of any third party product and/or services signifies your independent consent to the access and use of your personal information by the relevant third party service provider, and that such access and use are outside of our control. We will not be responsible or liable for any disclosure, modification or deletion of personal information resulting from any such access or use of the same by third party service providers.  

You are responsible for checking the completeness and accuracy of all information, communications and instructions. You must ensure that all information, communications and instructions submitted on the Instarem App or by any other means is complete and accurate. Failure to provide complete information may cause delays, for example, we may be unable to process your instructions. If you notice any error in any information, communication or instruction provided to us, you should contact us or correct the error via the Instarem App as soon as possible. We will not be responsible, and will not compensate you, if you suffer any losses as a result of incomplete or inaccurate information provided to us or as a result of any delays caused by any errors, inaccuracies or late submission of any instructions or requests.  

Updates and Upgrades. By installing the App, Customer consents to the installation of the App and any updates or upgrades that are released through the Services. The App (including any updates or upgrades) may (i) cause Customer’s device to automatically communicate with Instarem’s servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on Customer’s device, and (iii) collect personal information as set out in Instarem’s Privacy Policy, including location information. Customer can uninstall the App at any time. 

2.2. INSTAREM ENGAGEMENTS 

Instarem shall use reasonable endeavors to provide Customer quality service. However, Instarem does not guarantee that the service will not be interrupted, provided on time, and be safe or fault-free. 

2.3. CUSTOMER ENGAGEMENTS 

In using the Equipment or Services provided by Instarem, the Customer must not engage in any action: that is abusive, illegal, or fraudulent; that causes the Network to be impaired or damaged. When the Customer breaches its obligations under Sec. 2.3, Instarem may suspend the Customer’s use of the Service. During any period of suspension, the Customer shall continue to pay all Charges due under this Agreement in respect of the suspended Services. 

2.4. DEVICE COMPATIBILITY 

The Customer is responsible for ensuring that their device is eSIM compatible and network-unlocked. Device compatibility may depend on the carrier and country of origin; the Customer must check the list of eSIM-compatible devices provided at the checkout. By checking the box that confirms that the Customer’s device is eSIM compatible, the Customer is then held responsible for the accuracy of the information they provide.  

The eSIM compatibility list is not exhaustive, meaning newly announced eSIM-compatible devices may still need to be added. 

3. START, DURATION, AND TERMINATION OF THE CONTRACT

The service contract between Instarem and the Customer begins upon completing the order on the Instarem app, or via any other product provided by Instarem that allows customers to make an order.  

The Activation of the eSIM and acknowledgment of the Activation Policy is the Customer’s responsibility.  

The contract will be terminated for Customers if they do not have an active data package or have deleted the eSIM from the target device.  

4. CHARGES AND PAYMENT

Payment and any other expenses must be paid through the third party payment processing system (the “PSP”) as indicated on the Services. Customer may be required to register with the PSP, agree to terms of service of the PSP, provide payment details to the PSP and go through a vetting process at the request of the PSP to set up an account with the PSP (the “PSP Services Agreement”). By accepting these Terms of Service, Customer agrees that they have downloaded or printed, and reviewed and agreed to, the PSP Services Agreement. Please note that Instarem is not a party to the PSP Services Agreement and that Customer, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that Instarem has no obligations, responsibility or liability to any user or any other party under the PSP Services Agreement. 

All prices and fees displayed on the Services are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services or other taxes, fees or charges now in force or enacted in the future (“Taxes”) unless otherwise explicitly stated. Any applicable Taxes are based on the rates applicable to the billing address you provide to us, and will be calculated at the time of a transaction is charged to your Account.  

4.1. PAYMENT CONDITIONS 

Instarem offers various payment methods for its services, including but not limited to Credit/Debit Card, and Apple Pay.  

The currency of payment is in US Dollars ($) and may include various other currencies, with the currency of payment being determined during the transaction.  

The credit card transaction will be processed and secured by Instarem-approved payment service providers, including but not limited to PayPal (https://paypal.com) and Stripe (https://stripe.com), and additional providers chosen by Instarem for each transaction. 

5. DELIVERY

Customers will see the purchased eSIM under “Purchases” in the “Activity” tab on the  Instarem app.  

6. REFUND / CANCELLATION / MODIFICATION POLICY

The Customer has the right to ask for a refund or eSIM-replacement if the Customer is unable to use the Services due to an error or omission by Instarem.  A refund request must be made within thirty (30) days following the date of purchase; provided that Instarem shall have no obligation to issue such refund if Instarem is able to resolve the Customer’s inability to use the Services within 10 days following Customer having given Instarem notice of the issue.  Customer agrees to cooperate with Instarem’s efforts to resolve such issues and acknowledges that Instarem shall have no obligation to issue any refund if Customer fails or refuses to do so.  For purposes of clarity, each data package provided by Instarem has its own validity period and no refund will be offered for the remaining data when such validity period expires. 

Notwithstanding the foregoing, the following terms shall apply: 

Compensation: No refund or remuneration of any kind will be issued due to charges from alternate phones, alternate SIM cards, alternate providers, hotel phones, or other charges that are not directly linked to the Customer’s Instarem eSIM account. 

Fraudulent purchases: Instarem reserves the right to refuse any form of refund if there is evidence of abuse, violation of Instarem’s Terms and Conditions, or any fraudulent activity connected with using Instarem products and services.  

Unauthorised purchases: Customer shall notify Instarem immediately of any suspected unauthorised purchases.  The case will be subject to investigation and approval by Instarem before processing any refund. Instarem reserves the right to suspend any account associated with fraudulent activity. 

Accidental purchases: Once Customer installs the eSIM, it will be considered used. No refunds will be offered after installation other than as expressly set forth in. 

Incorrect charges: If the Customer reasonably and in good faith disputes a charge, the Customer shall notify Instarem of such dispute within twelve (12) days of having incurred such charge, providing details of why the invoiced amount is incorrect and, if possible, how much the Customer considers due. (See details in section 4) 

Other Reasons: If the refund request is not within the above, we will investigate the request on a case-by-case basis. If the refund is approved, a processing fee may apply. The maximum refund of credit a Customer can apply for must be equal to or less than the total amount they paid.  

To request a refund, contact Instarem’s support team via the in-app or web chat. Please be aware that Instarem’s refund policy above will apply.  

Depending on the nature of the issue, Customers will be asked for further information to support their refund request, such as screenshots of the device settings for technical issues or details of why the invoiced amount is incorrect and, if possible, how much the Customer considers is due, etc. Customers will have the option to credit back via their original payment method. Once a refund is approved and issued, it can take up to thirty (30) business days to appear on a statement depending on the bank. 

7. eSIM RECYCLING PROCESS AND ACTIVATION

Instarem implements an eSIM recycling process to ensure optimal service delivery. Upon eSIM purchase, customers are required to activate the eSIM within a specified time frame, as indicated in the activation guidelines provided during the purchase process. It is the user’s responsibility to activate the purchased eSIM within the designated time frame. Failing to activate the eSIM within this period may lead to its expiration, rendering the eSIM unusable.  

Once expired, the eSIM cannot be reactivated, and the user will need to initiate a new purchase if they wish to obtain a functioning eSIM. Users are advised to review and adhere to the provided activation guidelines to ensure a seamless eSIM activation process. 

8. PRICES AND PROMOTIONS

Prices refer to the cost at which Instarem offers its eSIM packages and associated services to Customers. Instarem may offer promotional prices for its eSIM packages for a limited time. These promotions are subject to specific terms and conditions. The duration of the promotion, eligibility criteria, and any associated conditions will be clearly communicated during the promotional period. After the promotion concludes, regular prices will apply unless otherwise stated. Instarem reserves the right to modify or terminate any promotional prices, including the associated terms and conditions, at its sole discretion, without prior notice. Users seeking additional information or clarification about promotional prices can contact Instarem’s support team through the in-app or web chat. 

Prices are subject to change without prior notice. Instarem continuously reviews its pricing strategy to align with market dynamics, ensuring that we provide quality services at competitive rates. 

Instarem reserves the right to adjust prices based on a variety of factors, including but not limited to market conditions, exchange rates, and operational costs. Such adjustments are made to ensure the sustainability of the services offered and to reflect the cost of delivering high-quality connectivity solutions to our users. 

Instarem commits to making every effort to inform Customers of any significant changes to pricing in a timely manner, allowing users to make informed decisions regarding their purchases. However, due to the dynamic nature of the factors influencing pricing, immediate notification may not always be possible. 

9. USER LOCATION TRACKING

Instarem may collect and process users’ geographical location information, including GPS coordinates, IP address, Wi-Fi access points, and cell tower details, to offer location-based services and enhance user experience. By using Instarem services, users consent to this tracking. The purpose includes providing location-specific services, improving service quality, and personalizing experiences. Location information may be shared with third-party providers, who are obligated to handle data in compliance with privacy laws. Users can control location services through device settings but may experience limitations in certain features. Instarem employs security measures, retains data for necessary periods, and complies with applicable data protection laws. This section may be updated to reflect changes, and users can contact Instarem Customer Support for questions or concerns about location tracking practices. Further, Instarem may share your data with third-party service providers who assist us in operating our business and providing services to you. These providers are bound by confidentiality agreements and will only use your data for the purposes specified herein. 

10. LOCAL REGULATORY COMPLIANCE

When using Instarem services in any country, you agree to comply with all applicable local laws and regulations, including but not limited to requirements related to the registration of mobile devices and the use of telecommunications services. Instarem may, where required by local law, undertake necessary actions on your behalf to ensure compliance with such regulations. 

By accepting these Terms and Conditions, you consent to Instarem’s use of your personal data for these purposes in accordance with applicable local data protection laws. 

11. REPRESENTATIONS AND WARRANTIES

Customer represents and warrants that: (i) Customer is 18 years of age or older or are at least of the legally required age in the jurisdiction in which Customer resides, and are otherwise capable of entering into binding contracts, and (ii) Customer has the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that Customer will so abide. Where Customer enters into this Agreement on behalf of a company or other organization, Customer represents and warrant that Customer has authority to act on behalf of that entity and to bind that entity to this Agreement. 

Customer further represents and warrants that (i) Customer has read, understands, and agrees to be bound by these Terms of Service and the Privacy Policy in order to access and use the Services, and (ii) when using or accessing the Services, Customer will act in accordance with any applicable local, state, or federal law or custom and in good faith. 

Customer agrees not to engage in any of the following prohibited activities, among others: (i) copying, distributing, or disclosing any part of the Services in any medium other than as allowed by the Services and these Terms of Service; (ii) using any automated system (other than any functionalities of the Services), including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services; (iii) transmitting spam, chain letters, or other unsolicited email or attempting to phish, pharm, pretext, spider, crawl, or scrape; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (vi) conducting any unlawful purposes or soliciting others to perform or participate in any unlawful acts; (vii) uploading invalid data, viruses, worms, or other software agents through the Services; (viii) infringing upon or violate Instarem’s intellectual property rights or the intellectual property rights of others; (ix) impersonating another person or otherwise misrepresenting Customer’s affiliation with a person or entity, conducting fraud, hiding or attempting to hide Customer’s identity; (x) harassing, insulting, harming, abusing, defaming, abusing, harassing, stalking, threatening, intimidating or otherwise violating the legal rights (such as of privacy and publicity) of any other users or visitors of the Services or staff member of Instarem; (xi) interfering with or any activity that threatens the performance, security or proper functioning of the Services; (xii) uploading or transmitting viruses or any other type of malicious code; (xiii) attempting to decipher, decompile, disassemble or reverse engineer any of the software or algorithms used to provide the Services; (xiv) bypassing the security features or measures Instarem may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; (xv) attempting to access unauthorized Accounts or to collect or track the personal information of others; (xvi) using the Services for any purpose or in any manner that infringes the rights of any third party; or (xvii) encouraging or enabling any other individual to do any of the foregoing.  

Customer hereby warrants and represents that, other than as fully and promptly disclosed to Instarem as set forth below, Customer does not have any motivation, status, or interest which Instarem may reasonably wish to know about in connection with the Services, including without limitation, if Customer is using or will or intend to use the Services for any journalistic, investigative, or unlawful purpose. Customer hereby warrants and represents that Customer will promptly disclose to Instarem in writing any such motivation, status or interest, whether existing prior to registration or as arises during Customer’s use of the Services. 

12. TERMINATION AND SUSPENSION

Unless otherwise agreed to in writing between Customer and Instarem, either party may terminate these Terms of Service for any or no cause, at any time. Customer may cancel and delete their account at any time by either using the features on the Services to do so (if applicable and available) or by written notice to our support. After cancellation, Customer will no longer have access to its account, profile or any other information through the Services. The provisions of these Terms of Service which by their intent or meaning intended to survive such termination, including without limitation the provisions relating to disclaimer of warranties, limitations of liability, and indemnification, shall survive the any termination of these Terms of Service and any termination of Customer’s use of or subscription to the Services and shall continue to apply indefinitely.   

We reserve the right to refuse the Services to anyone for any reason at any time. Instarem may terminate or limit Customer’s right to use the Services in the event that we are investigating or believe that Customer has breached any provision of this Agreement, by providing Customer with written or email notice. Such termination or limitation will be effective immediately upon delivery of such notice.  If Instarem terminates or limits Customer’s right to use the Services pursuant to this section, Customer is prohibited from registering and creating a new account under its name, a fake or borrowed name, or the name of any third party, even if Customer may be acting on behalf of the third party.  

Even after Customer’s right to use the Services is terminated or limited, this Agreement will remain enforceable against Customer. Instarem reserves the right to take appropriate legal action, including but not limited to pursuing arbitration in accordance with Section 20 of these Terms of Service. 

Instarem reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Services at its sole discretion. Instarem is not liable to Customer for any modification or discontinuance of all or any portion of the Services. Instarem has the right to restrict anyone from completing registration as a user Instarem believes such person may threaten the safety and integrity of the Services, or if, in Instarem’s discretion, such restriction is necessary to address any other reasonable business concern. 

Following the termination or cancellation of Customer’s account, we reserve the right to delete all Customer’s data in the normal course of operation. Customer’s data cannot be recovered once Customer’s account is terminated or cancelled. 

13. INTELLECTUAL PROPERTY RIGHTS

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces and other content (collectively “Proprietary Material”) that users see or read through the Services is owned by Instarem. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Instarem owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws governing copyright, patents, and other proprietary rights. Customer may not copy, download, use, redesign, reconfigure, or retransmit anything from the Services without Instarem’s express prior written consent. 

Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Instarem. 

The service marks and trademarks of Instarem, including without limitation Instarem and Instarem logos, are service marks owned by Instarem. Any other trademarks, service marks, logos and/or trade names appearing via the Services are the property of their respective owners. Customer may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner. 

Additionally, Customer may choose to or Instarem may invite Customer to submit comments, ideas, or feedback about the Services, including without limitation about how to improve Instarem’s services or Instarem’s products (“Feedback”). By submitting any Feedback, Customer agrees that its disclosure is gratuitous, unsolicited, and without restriction and will not place Instarem under any fiduciary or other obligation, and that Instarem is free to use the Feedback without any additional compensation to Customer, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. Customer further acknowledges that, by acceptance of its submission, Instarem does not waive any rights to use similar or related Feedback previously known to Instarem, developed by its employees, or obtained from sources other than Customer. Customer acknowledges that all email and other correspondence that Customer submits to us shall become Instarem’s sole and exclusive property. 

Subject to the terms and conditions hereof, Customer is hereby granted a limited, nonexclusive, nontransferable, freely revocable, license to access and use the Services. Instarem may terminate this license at any time for any reason or no reason.  The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, reports generated by the Services, and copyrights (the “Instarem Content”), and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of Instarem or, as applicable, its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and Customer agrees not to sell, license, rent, modify, publicly distribute, publicly transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the Instarem Content or materials on the Services for any purpose not expressly permitted by this Agreement is strictly prohibited. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. 

Customer’s use of the Services and the relating licenses granted hereunder are also conditioned upon Customer’s strict adherence to the letter and spirit of the various applicable guidelines and any end user licenses associated with Customer’s use of the App. Instarem may modify such guidelines in its sole discretion at any time. Instarem reserves the right to terminate Customer’s Account and access to the Services if it determines that Customer has violated any such applicable guidelines. 

14. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

Instarem respects the intellectual property of others, and expects users to do the same. If Customer believes, in good faith, that any materials provided on or in connection with the Services infringe upon Customer’s copyright or other intellectual property right, please send the following information to our Help Centre by chatting with us or submitting an enquiry. We will do our best to respond to your complaint as soon as possible or we will inform you if we need more time or more information from you to help us investigate your complaint. 

A description of the copyrighted work that Customer claims has been infringed, including the URL (Internet address) or other specific location on the Services where the material Customer claims is infringed is located. Include enough information to allow Instarem to locate the material, and explain why Customer thinks an infringement has taken place; 

A description of the location where the original or an authorized copy of the copyrighted work exists — for example, the URL (Internet address) where it is posted or the name of the book in which it has been published; 

Customer’s address, telephone number, and e-mail address; 

A statement by Customer that they have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 

A statement by Customer, made under penalty of perjury, that the information in Customer’s notice is accurate, and that Customer is the copyright owner or authorized to act on the copyright owner’s behalf; and 

An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest. 

15. CONFIDENTIAL INFORMATION

Customer acknowledges that Confidential Information (as defined below) is a valuable, special and unique asset of Instarem and agrees that they will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than using the Services in accordance with these Terms of Service. If relevant, Customer may disclose the Confidential Information to Customer’s authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. Customer shall promptly notify Instarem in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. Customer shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. Customer shall return all originals and any copies of any and all materials containing Confidential Information to Instarem upon termination of this Agreement for any reason whatsoever. 

The term “Confidential Information” shall mean any and all of Instarem’s trade secrets, confidential and proprietary information, and all other information and data of Instarem that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary and confidential information relating to Instarem or Instarem’s business, operations or properties, including information about Instarem’s staff, users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation. 

16. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. INSTAREM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICES OR THE CONTENT OF ANY SITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM CUSTOMER’S ACCESS TO AND USE OF THE SERVICES, (III) ANY ACCESS TO OR USE OF INSTAREM’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND INSTAREM’S REASONABLE CONTROL. 

UNDER NO CIRCUMSTANCES WILL INSTAREM AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY INSTAREM, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH CUSTOMER’S USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER IN THEIR ENTIRETY. 

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT INSTAREM AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LOWER OF (I) THE TOTAL FEES PAID BY CUSTOMER TO INSTAREM DURING THE SIX MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE OR (II) ONE HUNDRED DOLLARS ($100), TO THE EXTENT PERMITTED BY APPLICABLE LAW. 

17. INDEMNIFICATION

Customer hereby agrees to indemnify, defend, and hold harmless Instarem and its officers, directors, employees, agents, attorneys, insurers, successors and assigns (the “Indemnified Parties”) from and against any and all Liabilities incurred in connection with (i) Customer’s use or inability to use the Services, or (ii) Customer’s breach or violation of this Agreement; (iii) Customer’s violation of any law, or the rights of any user or third party and (iv) any content submitted by Customer or using Customer’s account to the Services, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. Customer also agrees to indemnify the Indemnified Parties for any Liabilities resulting from Customer’s use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action Customer takes that imposes an unreasonable burden or loan on Instarem’s infrastructure. Instarem reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to Customer’s indemnification. Customer will not, in any event, settle any claim or matter without the prior written consent of Instarem. 

18. DISPUTE RESOLUTION AND GOVERNING LAW

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS CUSTOMER’S LEGAL RIGHTS AND GOVERNS HOW CUSTOMER AND INSTAREM CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE CUSTOMER AND INSTAREM TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. 

These Terms of Service shall be governed by Singapore law, without regard to the choice or conflicts of law provisions of any jurisdiction.  

Customer agrees that, in the event any dispute or claim arises out of or relating to Customer’s use of the Services, Customer will contact Instarem via our Help Centre. We will do our best to respond to your complaint as soon as possible or we will inform you if we need more time or more information from you to help us investigate your complaint.  Customer and Instarem will attempt in good faith to negotiate a written resolution of the matter directly. Customer agrees that if the matter remains unresolved for 30 days after notification (via certified mail or personal delivery), such matter will be deemed a “Dispute” as defined below.  Except for the right to seek injunctive or other equitable relief described under the “Binding Arbitration” section below, should Customer file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then Customer agree that they will not be entitled to recover attorneys’ fees, even if Customer may have been entitled to them otherwise. 

Binding Arbitration.  

Any disputes, actions, claims or causes of action arising out of or in connection with these Terms of Service (“Disputes“) or the Service shall be referred to the Singapore International Arbitration Centre (“SIAC”), in accordance with the Rules of the SIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of Customer and Instarem (the “Arbitrator”). If Customer and Instarem are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the Rules. The seat and venue of the arbitration shall be Singapore, in the English language and the fees of the Arbitrator shall be borne equally by Customer and Instarem, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law. 

19. NO AGENCY; NO EMPLOYMENT

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. 

20. GENERAL PROVISIONS

The original English version of these Terms may have been translated into other languages. The translated version of these Terms is a courtesy and office translation only and the Participants cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions of these Terms or in the event of a conflict, ambiguity, inconsistency or discrepancy between the English version and any other language version of these Terms, the English language version shall apply and prevail and be conclusive and binding. The English version shall be used in legal proceedings. If any provision of these Terms is or becomes invalid, unenforceable or non-binding, Customer shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and each participant will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms. 

This Agreement may not be assigned or transferred by Customer without Instarem’s prior written approval. Instarem may assign or transfer this Agreement without Customer’s consent, including but not limited to assignments: (1) to a parent or subsidiary, (2) to an acquirer of assets, or (3) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement will inure to the benefit of Instarem, its successors and assigns. 

21. CHANGES TO THIS AGREEMENT AND THE SERVICES

Instarem reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including these Terms of Service and Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Services or any content or information through the Services at any time, effective with or without prior notice and without any liability to Customer. Instarem will endeavor to notify Customer of material changes via the App, email or other notification methods, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to Customer or cause Customer to no longer be in compliance with this Agreement, Customer must terminate, and immediately stop using, the Services. Customer’s continued use of the Services following any revision to this Agreement constitutes Customer’s complete and irrevocable acceptance of any and all such changes. Instarem may also impose limits on certain features or restrict Customer’s access to part or all of the Services without notice or liability. 

22. NO RIGHTS OF THIRD PARTIES

None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement. 

23. NOTICES AND CONSENT TO RECEIVE NOTICES ELECTRONICALLY

Customer consents to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers, electronically including without limitation by e-mail or by posting Notices on this Site or via the App. Customer agrees that all Notices that Instarem provides to Customer electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognised overnight delivery service. 

24. CONTACTING US

If Customer has any questions about these Terms of Service or about the Services, please contact us via our Help Centre. 

25. CONSUMERS ONLY

These Terms apply to consumers only. These Terms apply to you where you are a consumer. This means that you can use the Instarem eSIM for personal use only. You must not use the Instarem eSIM in connection with any business or commercial activity.