Our terms and conditions

These Terms and Conditions constitute a legally binding agreement (“Agreement”) made between you and Holafly, concerning your access to and use of our website or mobile application (the “Application”). You agree that by accessing the Application, you have read, understood, and agree to be bound by all of these Terms and Conditions Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APPLICATION AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Application from time to time also form part of these Terms and Conditions. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We may alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Application after the date such revised Terms are posted.

The service provided by the Application is not intended for use by any person or entity in any jurisdiction or country where such use would be contrary to law or regulation. Accordingly, those persons who choose to access the Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

  1. eSIM service

  esim.holafly.com (Holafly) sells prepaid eSIM with data service plans based on eSIM technology (the “Service”). Holafly may be reselling the Service through a Partner or an Agent.

  1. Terms of service

  2.1. Registration

  2.1.1. The customer may register for the Service through our website, on our Holafly App or via other partners or agents

  2.1.2. The customer must provide his or her First and Last name, and verifiable email address to register. Additionally customers may upload their profile photo and state their travel preferences. Such information can be provided voluntarily

  2.1.3. The customer must accept the General Terms and Conditions and the Privacy Policies to register for the Service

  2.2. Purchase and Activation

  2.2.1. Holafly may restrict the availability of plans to some countries. Customers can search, select and purchase our plans on our website, on the Holafly app, or through our partners and agents.

  2.2.2. By purchasing the Service, customers acknowledge that they have an unlocked, eSIM-compatible device, which is a prerequisite for the Service.

  2.2.3. On purchase, customers must download the eSIM onto the customer device in order for the data plans to be configured as per your order. The downloaded eSIM shall continue to remain on your device after credit has been expended or your plan has expired. Customers can choose to remove the eSIM in their phone settings at any time, but we recommend that the customer do not remove eSIM until their plan has been depleted or expired.

  2.2.4. To implement Service, the customer must first download the eSIM, then activate the data plan attached to the eSIM in order for service to commence. This downloading eSIM and the activation of the plans may require stable internet connection.

  2.3. Duration and Termination

  2.3.1. The Service shall commence immediately following a successful download of eSIM and activation of the data plan associated with the eSIM.

  2.3.2. The duration of the Service will be as per the terms of the plan purchased.

  2.3.3. The Service will terminate either on full consumption of plan or expiry of duration of the plan, whichever is earlier.

  2.3.4. Holafly may suspend the Customer’s use of the Service in case of breach of customer obligations mentioned below, with or without any notice. Holafly reserves the rights close the account(s) of any Customer and to request proper payment if the Customer attempts to use the Holafly’s credits, promotions and referrals for the Services (the “Program”) in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.

  2.4. Engagement

  2.4.1. The Service is provided on an “as is” and “as available” basis. Holafly shall use reasonable steps to make the Service available to you at all times, contingent upon our and/or our service provider’s ability to maintain network capacity and connection availability. However because Holafly relies on technology and networks provided by its partners, Holafly cannot guarantee network coverage, quality or availability of the Service.

  2.4.2. Holafly partners with other entities to provide the Service. Holafly is under no obligation to inform the customer if it uses services from such partners. Customers agree to comply with Terms and Conditions of our partners as well.

 2.4.3. Availability of Service depends on our partners’ ability to maintain network capacity and connection availability, for which there are no guarantees.

  2.5. Customer Obligations

  2.5.1. Customer agrees to use the Service in compliance with these Terms and Conditions and to be responsible for all use of the Service.

  2.5.2. Customers agree to submit true, accurate, and complete registration information, and to keep such information up-to-date.

  2.5.3. Customer agrees to keep the password confidential and will be responsible for all use of the account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is objectionable.

  2.5.4. Customer agrees to use the Service in accordance with all applicable laws and regulations of the home nation, the country of residence, and the country in which the customer is present.

  2.5.5. Customer agrees that the Service shall be used for personal consumption only.

  2.5.6. Customers agree that the Service shall not be used to engage in any action that is abusive, illegal or fraudulent or that causes the Network to be impaired or damaged.

  2.5.7. Customer agrees that the credits, promotions and referrals for the Services (the “Program”) shall not be used to undermine the fairness, integrity or legitimate operation of the Program, including but not limited to, creating fake accounts or using fictitious identities to participate in the Program or receive Reward. Holafly, in its sole discretion, reserves the right to disqualify the customer from the Program and future use of our Services.

  2.5.8. Customer agrees that Holafly may suspend the Service in case of breach of the above obligations, and that the Customer will continue to be liable and shall pay all charges due under these Terms and Conditions in respect of the suspended Services. Do note that any attempt to deliberately damage or undermine the legitimate operation of the Services and the Program may be in violation of criminal and civil laws. Holafly reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution.

  1. Payment Terms

  3.1. The customer may register and buy the eSIM on our website: https://esim.holafly.com/ and on the Holafly App. Payment may be processed through an authorized agent of Holafly.

  3.2. All eSIMs are prepaid and prices are inclusive of any indirect taxes, unless specified otherwise. Indirect Tax will be levied on the basis of the zip code shown in the billing information related to the Credit Card Payment.

  3.3. Indirect Taxes means sales tax, value-added tax, and any similar levies or taxes imposed by government entities at the time of sale of Plans.

  1. Returns and Refunds Policy

  4.1. Customers will be charged upon the purchase of eSIM.

  4.2. Customers may request a refund or a change prior to the installation and activation of the eSIM or there is a known technical problem originating from Holafly after activation of eSIM.

  4.3. Any complaints or feedback about the Service can be sent to our WhatsApp channel, send us a message to our chatbot on our website, to the support team via a composed message to the Help Center of the mobile app, or email help@holafly.com.

  1. Governing Law and Legal Compliance

  5.1. This Agreement and any non-contractual obligation arising out of or in connection with it, will be governed by and construed in accordance with the laws of the State of California, USA and any dispute shall be dealt in the courts there.

  5.2. Other mandatory rules, regulations and laws of other States or countries may also apply to your use of the Services.

  5.3. We may be required to collect certain  personal information from you in order to comply with legal and regulatory requirements. If we request such information from you and indicate that this is for legal or regulatory compliance, then you agree that you will provide us with the true and accurate information requested. Our use of your personal information is subject to the terms of our Privacy Policy (see below).

  1. Intellectual Property Rights

Except as otherwise indicated, the Web and Application is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Web and Application “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you are eligible to use the Web Application and Mobile Application, you are granted a limited license to access and use the Application and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website, Application, Content, and the Marks.

  1. Privacy Policy

  We take our customers’ privacy seriously. Please review our Privacy Policy available in mobile and website. By using the Application, you agree to our Privacy Policy, which is incorporated into these Terms and Conditions.

  We may be compelled to disclose your personal details where we are required to do so by a valid order of an authorized governmental representative or court order. By registering for the Services you consent to such disclosure including potentially to countries which do not provide the same level of data protection as the United States.

  1. User Generated Contributions

  The Application and the Website may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Application and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party, including but not limited to their copyright, patent, trademark, trade secret, or moral rights.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, to the Web and Mobile Application, and other users of the Application to use your Contributions in any way enabled by the Application or referred to in these Terms and Condition
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms and Conditions.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  12. Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

  Any use of the Web and Mobile Application in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Web and Mobile Application .

  1. Contribution License

  By posting your Contributions to any part of the Mobile and Web Application, or making Contributions accessible to the Application by linking your account from the Mobile and Web Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

 This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Mobile and Web Application. You are solely responsible for your Contributions to the Mobile and Web Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Mobile and Web Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

 For more information about terms and condition

  You can reach our team 24/7, 365 days a year. Just send a message to our email or our online chat:

  Email: help@holafly.com

  Chat: just click the red pop-up in the bottom right hand corner of this page

  You can also call us at: +1 888 509 2045

  (this line is operated 9.00 – 17.00 Central European Time)

  All business enquiries should be sent to: afiliacion@holafly.com

  Postal address:

  Holafly, S. L.

  Camino de La Aparecida 10

  30152 Aljucer

  Murcia