Disclaimer

1. Nature of the Service

YTI Digital OÜ, trading as esimystic ("Company", "we", "us", or "our"), operates a digital marketplace platform (the "Service") that facilitates the sale of eSIM products ("eSIM Products") sourced from third-party suppliers and mobile network operators ("Third-Party Providers").

We act solely as an intermediary between you (the "User") and Third-Party Providers. The actual mobile connectivity service is provided entirely by the underlying mobile network operators in each country or region. We do not provide telecommunications services directly.

2. We Are Not a Telecommunications Provider

As a marketplace platform, we are unable to:

• Guarantee network coverage, signal strength, or service availability in any specific location;
• Control or guarantee data speeds (including 4G/LTE, 5G, or 3G fallback);
• Guarantee VoLTE (Voice over LTE), Wi-Fi calling, or voice/SMS capabilities;
• Control roaming arrangements between carriers;
• Modify network policies, throttling thresholds, or fair usage limits;
• Resolve network outages, congestion, or service degradation;
• Override carrier-specific device restrictions or blacklists.

3. Emergency Services Disclaimer

Due to technical limitations of data-only eSIM products and the nature of Third-Party Provider networks, emergency service access cannot be guaranteed. If you require emergency calling capabilities during your travel, please ensure you have an alternative means of communication (e.g., your primary SIM with international roaming enabled, a local SIM card with voice service, or access to hotel/venue emergency services).

4. Third-Party Provider Responsibility

Mobile connectivity service is provided entirely by Third-Party Providers. These providers are independent entities with their own:

• Network infrastructure, coverage areas, and technical specifications;
• Terms of service and acceptable use policies;
• Fair usage policies (FUP) and data throttling rules;
• Pricing structures and service limitations.

We have no control over the actions, policies, performance, or availability of Third-Party Providers. Any issues related to network quality, coverage, throttling, or service interruptions are the responsibility of the underlying carrier.

5. Coverage and Performance Information

5.1 Indicative Information Only

All coverage maps, country lists, speed indicators (e.g., "4G/LTE", "5G"), and service descriptions displayed on the Service are indicative only and are provided by our suppliers for informational purposes. This information:

• Does not constitute a guarantee of coverage, speed, or availability;
• May not reflect real-time network conditions;
• May differ from actual performance in your specific location;
• Is subject to change without notice by Third-Party Providers.

5.2 Factors Affecting Performance

Actual coverage and performance may vary significantly based on:

• Geographic location (urban vs. rural areas, indoor vs. outdoor);
• Physical obstructions (buildings, terrain, weather conditions);
• Network congestion and time of day;
• Device capabilities, antenna quality, and software version;
• Local regulations, carrier agreements, and network maintenance;
• Distance from cell towers and network infrastructure.

5.3 Data Speeds

Advertised speeds (e.g., "4G/LTE", "5G") represent maximum theoretical speedsunder ideal laboratory conditions. Actual speeds will vary and are typically significantly lower. We do not guarantee any minimum speed, throughput, or latency.

5.4 Service Availability

We cannot guarantee uninterrupted service. Network outages, maintenance windows, technical issues, and service degradation may occur without prior notice due to factors beyond our control.

6. Fair Usage Policies and Throttling

Third-Party Providers may apply fair usage policies (FUP) to eSIM Products. This means:

• Data speeds may be reduced (throttled) after reaching certain usage thresholds;
• Certain types of traffic (e.g., streaming, P2P, VPN) may be deprioritized or restricted;
• Service may be suspended or terminated for excessive or abusive usage;
• Network management practices may affect your experience during peak times.

Specific FUP terms vary by carrier and product. We display available information from our suppliers, but cannot guarantee completeness or accuracy of FUP details. Users experiencing throttling should contact our support team, though resolution depends on Third-Party Provider policies.

7. Device Compatibility

We provide compatibility guidance as a convenience, but we cannot guarantee compatibility with every device and network combination. Carrier-locked devices, devices with modified software, or devices purchased in certain regions may have restrictions that prevent eSIM functionality.

Purchases made for incompatible devices are not eligible for refund. Please consult our Help Center for compatibility information before purchasing.

8. Information Accuracy

Product information displayed on our Service (including data allowances, validity periods, coverage countries, and pricing) is sourced from our suppliers and displayed in good faith.

While we strive for accuracy, this information may occasionally:

• Contain errors, inaccuracies, or typographical mistakes;
• Become outdated due to supplier or carrier changes;
• Differ from actual product specifications or performance.

If you notice any inaccuracies, please contact us at [email protected] so we can investigate and correct them promptly.

9. No Warranties

To the maximum extent permitted by applicable law, the Service and all eSIM Products are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

This does not affect your statutory rights as a consumer under mandatory EU or national consumer protection laws.

10. Limitation of Liability

To the fullest extent permitted by applicable law, the Company shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages;
• Loss of profits, revenue, data, or business opportunities;
• Network outages, coverage issues, or performance problems caused by Third-Party Providers;
• Inability to access emergency services via eSIM Products;
• Costs incurred from using alternative connectivity solutions (including roaming on your primary SIM);
• Damages arising from fair usage policy enforcement or throttling;
• Any damages arising from circumstances beyond our reasonable control.

Our total liability for any claim shall not exceed the amount you paid for the specific eSIM Product giving rise to the claim.

11. Force Majeure

We shall not be liable for any failure or delay in performing our obligations if such failure or delay results from circumstances beyond our reasonable control ("Force Majeure"), including but not limited to:

• Acts of God, natural disasters, pandemics, or epidemics;
• War, terrorism, civil unrest, or government actions;
• Strikes, labor disputes, or industrial action;
• Failure of telecommunications networks, internet infrastructure, or Third-Party Providers;
• Cyberattacks, system failures, or power outages;
• Changes in applicable laws or regulations.

12. External Links

Our Service may contain links to third-party websites. These links are provided for convenience only. We do not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party websites.

13. Changes to This Disclaimer

We may update this Disclaimer from time to time to reflect changes in our practices, legal requirements, or Third-Party Provider policies. Changes will be posted on this page with an updated effective date and version number.

14. Contact

If you have questions about this Disclaimer or need assistance, we're here to help:

For complete terms governing your use of the Service, please refer to our Terms of Service, Privacy Policy, and Refund Policy.