Terms of Service

1. Introduction

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and YTI Digital OÜ, a private limited company registered in Estonia under registry code 17298015, trading as esimystic ("Company", "we", "us", or "our").

These Terms govern your access to and use of the esimystic website at esimystic.com, our mobile applications (iOS and Android), and all related services (collectively, the "Service").

By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Service.

2. Definitions

In these Terms, the following definitions apply:

• "Service" means the esimystic website, platform, mobile applications (iOS and Android), and all related services enabling the purchase and delivery of eSIM Products.
• "eSIM" or "eSIM Product" means an embedded SIM profile delivered digitally, allowing mobile network connectivity without a physical SIM card.
• "User" means any natural person who accesses or uses the Service.
• "Order" means a request by a User to purchase one or more eSIM Products through the Service.
• "Digital Content" means data produced and supplied in digital form, including eSIM profiles, QR codes, and activation credentials.
• "Third-Party Provider" means mobile network operators, eSIM suppliers, and other third parties whose services underlie the eSIM Products.

3. Eligibility

To use the Service, you must:

• Be at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is higher;
• Have the legal capacity to enter into a binding contract;
• Not be prohibited from using the Service under any applicable law or regulation.

By placing an Order, you represent and warrant that you meet all eligibility requirements.

4. Nature of the Service

4.1 Marketplace Platform

The Company operates as a digital marketplace platform that facilitates the sale of eSIM Products sourced from Third-Party Providers. We act as an intermediary enabling Users to purchase pre-packaged data connectivity plans.

4.2 Not a Telecommunications Operator

As a result:

• We do not guarantee network coverage, signal strength, data speeds, or service availability in any location;
• We are not responsible for network congestion, outages, or quality-of-service issues;
• We cannot control or modify roaming arrangements, VoLTE availability, or network features;
• Actual service quality depends entirely on the underlying Third-Party Providers and local network conditions.

5. Orders and Contract Formation

5.1 Placing an Order

When you submit an Order through the Service, you are making an offer to purchase the selected eSIM Product(s) at the displayed price. All Orders are subject to acceptance by the Company.

5.2 Acceptance

A binding contract is formed when we send you an Order confirmation email containing your eSIM details. We reserve the right to decline or cancel Orders where:

• There is a pricing or product description error;
• The Order is suspected of being fraudulent;
• We are unable to verify your payment;
• The requested eSIM Product is unavailable from our suppliers.

If we cannot fulfill your Order, we will notify you and process a full refund within five (5) business days.

6. Digital Content and Right of Withdrawal

6.1 Digital Delivery

eSIM Products are Digital Content within the meaning of Directive 2011/83/EU (Consumer Rights Directive). Upon successful payment, we initiate immediate delivery of your eSIM profile via email and/or your User account.

6.2 Consent to Immediate Performance

In accordance with Article 16(m) of Directive 2011/83/EU, once the eSIM profile has been delivered to your email or made available in your account, you have no right to cancel or withdraw from the contract, except as provided in our Refund Policy.

7. Pricing and Payment

7.1 One-Time Purchases

All eSIM Products are sold as one-time purchases. We do not offer subscriptions, automatic renewals, or recurring billing. Each Order is a standalone transaction, and you will never be charged again without placing a new Order.

7.2 Prices

Prices are displayed in Euros (EUR) or US Dollars (USD) according to your selection at checkout. EU customers will see VAT included where applicable. Prices are subject to change without prior notice, but any price changes will not affect Orders already placed and confirmed.

7.3 Payment Processing

Payments are processed securely by Stripe, Inc. ("Stripe"), a PCI-DSS Level 1 certified payment processor. We accept major credit and debit cards, Apple Pay, Google Pay, and other payment methods as displayed at checkout.

Your payment details are transmitted directly to Stripe and are never stored on our servers. Stripe acts as an independent data controller for payment data under their own Privacy Policy.

7.4 Currency and Taxes

You may choose to pay in EUR or USD at checkout. The applicable currency is shown before payment. For EU customers, VAT is applied based on your country of residence. Non-EU customers may be subject to local taxes, duties, or import charges, which are the sole responsibility of the User.

7.5 Mobile App Billing Model (Google Play / App Store)

Purchases made in our iOS and Android applications are limited to real-world mobile connectivity services (eSIM plans and top-ups for data access on cellular networks). We do not sell game currency, media unlocks, cosmetic items, or app-only digital entitlements consumed solely inside the app.

The mobile app is primarily a companion interface to manage your connectivity account (e.g., install eSIM, monitor usage, view remaining data, top up plans, and manage Orders). Payments are processed through secure external card payment infrastructure (Stripe / native card wallets), and not through Google Play Billing or Apple In-App Purchase, to the extent permitted by applicable platform rules.

If platform policy requirements change for specific regions or transaction categories, we may adapt payment flows to remain compliant.

8. Delivery

Upon successful payment, your eSIM Product will be delivered digitally to the email address provided at checkout. Delivery typically includes:

• A QR code for direct scanning and installation;
• Manual installation details (SM-DP+ address and activation code);
• Step-by-step activation instructions.

Delivery is typically instantaneous. In exceptional circumstances (e.g., manual verification), delivery may take up to twenty-four (24) hours.

You are responsible for providing a valid email address. We are not liable for delivery failures caused by incorrect email addresses, full inboxes, or spam filters.

9. Device Compatibility

Not all devices support eSIM. Carrier-locked devices may have restrictions. We provide compatibility guidance as a convenience, but we cannot guarantee compatibility with every device and network combination.

Purchases made for incompatible devices are not eligible for refund.

10. User Responsibilities

You agree to:

• Provide accurate and complete information when placing Orders;
• Use the Service only for lawful purposes;
• Not resell eSIM Products without prior written authorization;
• Comply with the acceptable use policies of the underlying network operators;
• Not attempt to circumvent any security measures or interfere with the Service.

11. Refunds

Due to the nature of Digital Content, refunds are limited to specific circumstances as set out in our Refund Policy, which forms an integral part of these Terms. If you experience any issues, our support team is here to help—please visit our Help Center or contact us directly.

12. Intellectual Property

All content on the Service, including but not limited to text, graphics, logos, trademarks, software, and design, is the property of the Company or its licensors and is protected by applicable intellectual property laws.

You may not copy, reproduce, distribute, modify, or create derivative works from any content without our prior written consent.

13. Disclaimer of 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.

We specifically disclaim any implied warranties of:

• Merchantability;
• Fitness for a particular purpose;
• Non-infringement;
• Uninterrupted or error-free service.

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

14. Limitation of Liability

14.1 Exclusion of Certain Damages

To the fullest extent permitted by applicable law, the Company, its directors, officers, employees, and agents shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages;
• Loss of profits, revenue, data, or business opportunities;
• Costs of procuring substitute services;
• Any damages arising from network outages, coverage issues, or Third-Party Provider failures.

14.2 Liability Cap

Our total aggregate liability for any claims arising out of or relating to these Terms or the Service shall not exceed the greater of: (a) the amount paid by you for the specific eSIM Product giving rise to the claim, or (b) fifty Euros (€50) or the equivalent in the currency of your Order.

14.3 Exceptions

Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded or limited under applicable law, including mandatory consumer protection laws.

15. Force Majeure

The Company shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, 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 service providers, or Third-Party Providers;
• Cyberattacks, system failures, or power outages;
• Changes in applicable laws or regulations.

In such events, our obligations shall be suspended for the duration of the Force Majeure event.

16. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your violation of these Terms;
• Your misuse of the Service or eSIM Products;
• Your violation of any applicable law or third-party rights.

17. Modifications to Terms

We may modify these Terms at any time by posting the revised version on the Service with an updated effective date. Material changes will be communicated via email (for registered Users) or a prominent notice on the Service at least fourteen (14) days before taking effect.

Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service.

18. Termination

We may suspend or terminate your access to the Service immediately, without prior notice, if:

• You breach any provision of these Terms;
• We reasonably believe your conduct is fraudulent or harmful;
• Required by law or legal process.

Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination (including but not limited to Sections 12-16) shall continue in full force and effect.

18.1 User-Initiated Account Deletion

You may initiate account deletion directly in both our web interface and mobile applications. Once confirmed, we irreversibly anonymize account identifiers and remove authentication links/tokens. Certain transaction records may be retained where required by law (e.g., tax/accounting obligations), as described in our Privacy Policy.

19. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of Estonia, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Estonia.

For EU Consumers: If you are a consumer habitually resident in the EU, you also benefit from any mandatory provisions of the law of your country of residence. Nothing in these Terms affects your rights to rely on such mandatory provisions.

20. Dispute Resolution

We encourage you to contact us first to resolve any disputes amicably. Many questions can be answered quickly through our Help Center & FAQ. For other inquiries, please reach our support team at [email protected].

EU Online Dispute Resolution: In accordance with Regulation (EU) No 524/2013, EU consumers may submit complaints via the European Commission's Online Dispute Resolution (ODR) platform at: https://ec.europa.eu/consumers/odr

21. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

22. Partner Program

If you participate in our Partner Program (as an Affiliate or Wholesale partner), additional terms apply as set out in our Partner Program Agreement. In case of conflict between these Terms and the Partner Program Agreement, the Partner Program Agreement shall prevail for matters relating to the Partner Program.

23. Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, Cookie Policy, and (where applicable) Partner Program Agreement, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings.

24. Contact Information

For questions about these Terms, please contact us: