Our Terms of Use

1. Introduction

1.1. These Terms of Use constitute a legally binding agreement (“Agreement”) made between you (the “User“) and Holafly Limited, a private limited company incorporated and registered in Ireland with company registration number 745325 and having its registered office at 6th Floor, 2 Grand Canal Square, Dublin 2, D02 A342, Ireland (“Holafly“, “we” or “us“), concerning your access to and use of the Holafly website or mobile application (the “Application”).

1.2. By accessing the Application, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, then you are expressly prohibited from using the Application and you must discontinue use of the Application immediately.

1.3. Your use of the Application may be subject to other terms and conditions or documents that may be posted on the Application from time to time, including those which relate to the purchase of a prepaid eSIM with data service plans based on eSIM technology (the “Service“).

1.4. We recommend that you print a copy of these Terms of Use for future reference.

2. Registration

2.1. The User shall be responsible for making all arrangements necessary in order to access the Application, including, without limitation:

2.1.1. registering (where required) for the Service through the Application by providing the User’s first and last name, and verifiable email address; and

2.1.2. reading our Cookies Policy and the Privacy Policy, which are available on the Application.

2.2. Minors are prohibited from using the Application. If you are under the age of 18, you are not entitled to avail of the Service and you must discontinue use of the Application immediately.

3. User Obligations

3.1. The User agrees that it shall:

3.1.1. use the Application in compliance with these Terms of Use;

3.1.2. where required, submit true, accurate, and complete registration information, and keep such information up-to-date;

3.1.3. where required, keep any passwords confidential and be responsible for use of the User’s account and password; and

3.1.4. use the Application in accordance with all applicable laws and regulations of the country in which the User is present.

3.2. The User agrees and acknowledges that it is prohibited from carrying out any of the following acts when using the Application:

3.2.1. engaging in any action that is fraudulent, criminal or illegal or causes the network to be impaired or damaged;

3.2.2. sending or uploading anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;

3.2.3. infringing Holafly’s or anyone else’s intellectual property rights;

3.2.4. gaining unauthorised access to computers, data, systems, accounts or networks;

3.2.5. reproducing, duplicating, copying or selling any part of the Application in contravention of the provisions of the Terms of Use;

3.2.6. deliberately disrupting the operation of anyone’s website, app, server or business; and

3.2.7. using the Application for the purpose of harming or attempting to harm minors in any way; and

3.2.8. using the Application for any machine learning, machine learning language models and/or artificial intelligence-related purposes (including the training or development of such technologies), or for text and data aggregation, analysis or mining purposes (including to generate any patterns, trends or correlations).

3.3. If you have registered on the Application for the Service, Holafly, in its sole discretion and without liability to the User, reserves the right to remove a User’s Application account, and to disqualify a User from future use of the Application. Holafly may remove, reclaim, or change a username that a User selects if it determines, in its sole discretion, that such username is objectionable.

3.4. The User agrees that Holafly may suspend a User’s access to the Application in the case of a breach of these Terms of Use. The User shall be liable and shall pay all charges due under these Terms of Use, if applicable, including where the suspension by Holafly of a User’s Application account results in a cancellation to the Service. Holafly reserves the right to seek remedies and damages (including legal costs) to the fullest extent permitted by law.

4. Intellectual Property Rights

4.1. Except as otherwise indicated, the 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 trade marks, 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. The Content and the Marks are provided on the Application, to the extent permitted by law, “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, 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.

4.2. If you are eligible to use the 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 Application, Content, and the Marks.

5. Data Protection

5.1. By using the Application, you acknowledge that Holafly will process personal information relating to you (“Personal Data“) in order to make the Application available to you, to monitor and improve the Application and to prevent unauthorised use of the Application.

5.2. For further information on how Users’ Personal Data are used or for any queries in relation to how the Application processes your Personal Data, please see our Privacy Policy available and our Cookies Policy

6. Governing Law and Legal Compliance

6.1. Except as applicable mandatory laws may determine: (a) these Terms of Use and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of Ireland, and (b) the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms of Use or their subject matter or formation.

6.2. Other applicable mandatory laws of other states may apply to your use of the Application.

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

7. User Generated Contributions

7.1. The User may make use of a feature that allows them to upload content to, or to submit information to us, on the Application (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.

8. Indemnity

8.1. The User agrees to indemnify and keep indemnified Holafly, and its subsidiaries, affiliates, officers, agents, partners, employees, and service providers against all losses, costs, charges, demands, proceedings, damages, actions, expenses and claims howsoever incurred by us as a result of:

8.1.1. a breach by you of these Terms of Use; and/or

8.1.2. any other matter arising out of or in connection with any use you may make of the Application otherwise than in accordance with these Terms of Use.

9. Limitation of Liability

9.1. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for any loss or damage which you may incur in connection with use of our Application and any website linked to our Application and any materials posted on it. This does not affect our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

10. General

10.1. Holafly may assign, transfer or subrogate to any company of its group the rights and obligations arising from this Agreement without the express consent and authorisation of the User.

10.2. If at any time any provision of this Agreement (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with such deletions or modifications as may be necessary to make the provision legal, valid and enforceable.

10.3. No failure or delay by either party to exercise any right or remedy under this Agreement shall be construed as a waiver of that right or remedy nor shall any single or partial exercise of any right or remedy preclude the further exercise of that right or remedy. No waiver by either party of any breach by the other of any provision of this Agreement shall be considered as a waiver of preceding or subsequent breach. The rights and remedies provided in under this Agreement are cumulative and are not exclusive of any rights or remedies provided by law.

10.4. This Agreement is drafted in the English language. In the event that there is a conflict between this English language version of the Agreement and any translated copies of the Agreement, the English version shall prevail.

11. Variation of these Terms of Use

11..1. We may vary any of the terms of these Terms of Use or any future terms and conditions, including relating to our Service, on the following basis:

11.1.1. any updated Terms of Use and new terms will be available on our Application;

11.1.2. we will let you know with adequate notice if we make any variations to this Agreement. You are free to withdraw from using the Application upon receipt of such notice, subject to the following exceptions: (a) where such variation is exclusively to the benefit of you; (b) where such variation is of a purely administrative nature, or (c) where such variation is imposed by applicable laws;

11.1.3. if you continue to use the Application after the variation of this Agreement commences, you will be deemed to have accepted the variation.

12. Holafly Contact Details

12.1. For more information about these Terms of Use, to provide feedback or to make a complaint, you can reach our team 24/7, 365 days a year through the platforms listed below:

• Email: help@holafly.com 
• Chat: just click the red pop-up in the bottom right-hand corner of this page.
• WhatsApp: +1 661 384 8482 (this line is operated 9.00 – 17.00 Central European Time)
• All business enquiries should be sent to: afiliacion@holafly.com