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GENERAL TERMS OF USE

Please read these terms and conditions of use ("Terms") carefully before using our website and the related services offered by esimFly.io ("We", "Our" or "Website"). By accessing or using our website, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with these Terms, please do not use our website or our services.

1. Legal Notice

In compliance with the provisions of Law 34/2002 of July 11, on Information Society Services and Electronic Commerce (LSSI-CE), users are informed that the owner of the website is Luis Eduardo Rodríguez García, with NIF/CIF 47533418-P, with registered address at Lugar A Grixa, nº67, 15270, CEE, A Coruña, Spain, and contact email support@esimfly.io

2. General Information

These General Conditions regulate the access, navigation and use of the website, as well as the contracting of the services offered through it, including subscription and the purchase of digital eSIM products.

By accessing and using this website, the user expressly accepts these conditions.

3. Service Description

The website offers a subscription service that provides registered users access to a private platform with economic advantages and functionalities related to digital connectivity products. In particular, the service may include:

Access to certain functionalities, special prices or promotions may be subject to the existence of an active subscription and compliance with these conditions. The provider reserves the right to modify, update or replace the services offered, as well as the associated prices and benefits, at any time, respecting where applicable the rights acquired by users in accordance with applicable regulations.

4. Subscription

4.1 Nature of the Service

The subscription service offers users access to a series of exclusive benefits related to the purchase of digital eSIM products and national and international mobile data plans.

These benefits include access to reduced prices and exclusive discounts on eSIMs, with no restrictions on the number of purchases the user may make during the active subscription period. Subscribers may also benefit from special promotions, private offers and exclusive discount codes that are not available to the general public.

The subscription allows unlimited purchases of eSIMs with preferential member rates, as well as access to additional advantages related to the service.

All these privileges are strictly reserved for users who maintain an active subscription and who comply with the corresponding payment obligations for the service. Access to the benefits will be conditioned on the subscription status, which must remain valid and up to date.

The subscription constitutes a mandatory requirement in order to make purchases within the platform and access the prices available on the website.

4.2 Trial Period and Monthly Billing

The subscription includes a 7-day free trial period from the moment of purchase, when indicated during the checkout process.

During this trial period, no charges will be made. Once this period has ended, monthly charges will begin automatically using the payment method registered by the user.

The first charge will be made at the end of the trial period, and from that moment the monthly billing cycle for the subscription will begin.

Payments will be made each month in order to keep the subscription active and maintain access to the service benefits.

4.3 Maximum Duration

The maximum duration of the subscription will be one year from the date of purchase. At the end of this period, the subscription will automatically terminate unless the user makes a new subscription purchase.

4.4 Personal and Non-Transferable Use

The subscription is personal, individual and non-transferable. It is not permitted to:

Failure to comply with this rule may result in the immediate cancellation of the account, without the right to a refund.

4.5 Fee and Billing

The subscription involves the payment of a fixed monthly fee of €22, which will be charged automatically on the corresponding renewal date using the payment method registered by the user.

This amount is clearly displayed at the time of subscription and will remain unchanged unless prior notice of changes is provided.

The fee includes only access to the service and its associated benefits, but does not cover the cost of eSIMs or data plans, which must be paid separately at the time of each purchase.

eSIMs may be purchased at any time with the discounts corresponding to the active plan and are subject to availability, coverage and the technical conditions of associated operators.

By subscribing, the user accepts the recurring monthly charge of €22, which will remain in effect until the subscription is canceled from the customer area or through the available contact channels.

4.6 Automatic Renewal

The subscription renews automatically each month to ensure continuous access to the benefits of the service.

The user may check the date of the next renewal at any time from their account. In addition, the user may be informed by email of the upcoming billing date and the corresponding amount before the charge is made.

4.7 Subscription Cancellation

The user may cancel their subscription at any time without the need to justify the reason.

To do so, the user may access their customer area in the corresponding section or use the direct link sent by email at the time of subscription and in each billing cycle.

The cancellation will take effect from the next billing cycle: no new charges will be generated, but the user will retain the benefits of the subscription until the expiration date of the period already paid.

As a general rule, refunds are not provided for unused periods, except in cases provided for by applicable law or when a justified cause is determined.

4.8 Data Updates

It is the user's responsibility to keep their personal, contact and payment information up to date.

If a payment attempt cannot be processed due to incorrect information or insufficient funds, the service may be temporarily suspended until the situation is resolved.

4.9 Changes to the Subscription or the Service

We reserve the right to modify, update or discontinue any aspect of the subscription service, including:

Any changes will be communicated with reasonable prior notice to the email address provided by the user.

4.10 Fraudulent or Abusive Use

Fraudulent, abusive or non-compliant use of these conditions may result in the immediate suspension of the account and loss of access to the service, without the right to a refund. This includes, among others:

4.11 Application of Discounts

The discounts offered apply exclusively to the account and email address used to contract the service. Discounts cannot be transferred or accumulated between different accounts.

4.12 Retry Attempts in Case of Payment Failure

If the attempt to charge the monthly subscription cannot be completed successfully, several retry attempts will be made automatically in the following days.

If after several attempts the payment is still not completed, the subscription may be suspended or canceled until the user updates their payment method.

4.13 Reactivation Penalty After Cancellation

If a customer cancels their subscription and later proceeds to reactivate or subscribe again, they may be subject to a mandatory minimum commitment period of forty-five (30) calendar days from the date of the new activation.

During this period, no early cancellation or refund related to the subscription may be requested.

4.14 Customer Communications

As part of the subscription service, the user will receive email communications related to:

These communications are an essential part of the service.

5. Delivery of Products and Execution of the Service

The eSIMs sold on this website constitute digital content and services that are delivered electronically to the user via email, customer area or any other method provided during the purchase process, once payment has been successfully confirmed. Delivery shall be considered completed at the moment the customer gains access to the activation data, credentials, usage instructions or QR code of the eSIM, regardless of whether the user proceeds with installation or effective activation on the device. The user expressly acknowledges and accepts that the execution of the service begins immediately after the purchase and/or once the eSIM has been made available.

6. Delivery of products and execution of the service

The eSIM products offered on the website may include additional functionalities such as phone number assignment, calls or SMS, depending on the plan purchased.

In this regard, the user expressly acknowledges and agrees that:

7. Returns, Cancellations and Right of Withdrawal Policy

Due to the digital, intangible and irrevocable nature of the service, the user expressly accepts that they lose their right of withdrawal from the moment the digital product has been delivered or made available to them, in accordance with applicable consumer protection regulations. Consequently, cancellations, returns or full or partial refunds will not be accepted once delivery has been completed, except in cases where there is a serious technical defect exclusively attributable to the service that completely prevents its use and cannot be resolved by the support team within a reasonable period of time. Under no circumstances will refunds be granted for reasons unrelated to the provider, including but not limited to: incompatibility of the user's device, device locked by the operator, incorrect configuration, accidental deletion of the eSIM, loss or replacement of the device, errors in the data entered during the purchase process, insufficient coverage in certain areas, subjective expectations of the user, lack of data consumption, change of mind or purchase made by mistake by the user. It is the customer's responsibility to verify in advance that their device is compatible with eSIM technology before making a purchase.

8. Usage and Activation Instructions

The user will receive the necessary instructions for the correct installation, configuration and activation of the eSIM. It is the sole responsibility of the user to follow these instructions properly and within the indicated timeframes, as well as to ensure that they have a compatible, unlocked and updated device. The provider shall not be responsible for incidents arising from incorrect installation, improper handling, accidental deletion of the eSIM profile, device restorations, changes of device or any action performed by the user that affects the functioning of the service. In case of doubt, the user must contact the support service before making any modifications that could compromise the eSIM.

9. Delivery Times

The products and services offered on this website are digital in nature and are delivered electronically. In particular:

10. User Obligations

The user agrees to use the contracted services in accordance with the law, good faith, public order and these conditions. The user also undertakes to provide truthful information during the purchase process, properly safeguard the eSIM access or activation data, and not engage in fraudulent, abusive or unlawful use of the service. Unauthorized resale, commercial transfer to third parties when not expressly permitted, as well as any use that may harm the functioning of the network or the service, is strictly prohibited. Failure to comply with these obligations may result in the suspension or cancellation of the service without the right to a refund, without prejudice to any legal actions that may apply.

11. Security and Liability

The user is responsible for the proper custody and use of the data associated with the eSIM and for access to the services. In particular:

12. Services Provided by Third Parties

The services offered through this website may depend wholly or partially on infrastructures, technological platforms, telecommunications operators, payment gateways or other external providers. In this regard:

13. Intellectual and Industrial Property Rights

All content on this website, including but not limited to texts, images, designs, logos, trademarks, trade names, icons, software, source code, structure, databases, interfaces, graphic elements and any other material, is the property of the provider or of third parties who have authorized its use, and is protected by the applicable regulations on intellectual and industrial property.

14. Personal Data Protection

The processing of users' personal data will be carried out in accordance with the applicable data protection regulations, including Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR) and the applicable national legislation.

The personal data provided by the user will be processed for the purpose of managing the contractual relationship, providing the requested services, customer support, billing and compliance with legal obligations.

The user guarantees that the data provided is truthful, accurate and up to date, being responsible for any damage or loss that may arise from the communication of incorrect or inaccurate information.

The provider will adopt reasonable technical and organizational measures to ensure the security and confidentiality of personal data, preventing its alteration, loss, processing or unauthorized access.

The user may exercise the rights of access, rectification, erasure, objection, restriction of processing and data portability under the terms established by applicable regulations, by submitting a request to the provider through the indicated contact channels.

Detailed information regarding the processing of personal data is contained in the Privacy Policy available on the website, which forms an integral part of these legal conditions.

15. Notifications and Communications

Communications between the user and the provider will be carried out by electronic means, being considered valid and effective for all legal purposes. In particular:

16. Service Conformity

The provider undertakes to provide the contracted services in accordance with the essential characteristics described on the website and in compliance with the technical conditions applicable to the purchased digital product. However:

The user acknowledges that mobile connectivity services depend on the telecommunications infrastructure of third-party operators, therefore speed, coverage, latency, availability or service quality may vary depending on the country, geographic area, device used, network conditions or other external factors beyond the provider's control.

The service will be considered compliant when it allows connection to the network and the use of mobile data within the general conditions communicated, even if occasional limitations in speed, coverage or stability may occur due to external factors.

Incidents arising from incompatibility of the user's device, incorrect configurations, operator device locks, improper use, device manipulation, lack of operating system updates or circumstances attributable to third parties will not be considered lack of conformity.

In the event of a genuine technical lack of conformity attributable to the service, the provider may choose repair, replacement or a reasonable alternative technical solution. Only when the issue is serious and cannot be resolved within a reasonable period will a proportional or full refund of the amount paid be granted, without any right to additional compensation.

The user must notify any possible lack of conformity within a reasonable period after becoming aware of it and cooperate with technical support for its verification and resolution.

17. Complaints and Customer Support

The user may submit any inquiry, incident or complaint related to the contracted services through the support channels indicated on the website. In particular:

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