Terms & Conditions

1. Introduction

 

1.1. These Terms and Conditions constitute a legally binding agreement (“Agreement”) made between you (the “User“ or “you”) 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 purchase of a monthly data subscription (“Data Subscription“) relating to an eSIM (an “eSIM“), for use on your personal device (“Device“), from Holafly (the “Service“).

 

1.2. Future agreements between the User and Holafly may in addition be subject to supplemental terms and conditions or documents that may be posted on our website.

 

1.3. We recommend that you print a copy of this Agreement for future reference.

 

 

2. Purchase of Subscription and eSIM Activation

 

2.1. To purchase a Subscription, the User needs to provide an email and agree to the applicable terms in this Agreement. By completing the purchase, the User enters into a contractual agreement for the acquisition of an eSIM and commits to paying all applicable charges in accordance with the selected Data Subscription and this Agreement. No password is required to log into the User’s account. Instead, access will be granted via a one-time login link sent to the User’s email each time they attempt to sign in.

 

2.2. The Subscription allows the User to purchase and install a single eSIM with global coverage and pay for the service on a monthly basis. No additional installation is required, and the eSIM will remain valid until the User cancels the Subscription or fails to make the required payments. There is no minimum or maximum subscription period.

 

2.3. The Data Subscription operates on a rolling monthly basis and will automatically renew at the end of each 31-day billing cycle unless the User cancels before the renewal date.


2.4. During the purchase process, you will be asked to set up your payment method, which will be used for automatic renewals. The download and activation of the eSIM, as well as any selected Data Subscription, may require a stable internet connection.

 

2.5. By availing of the Service, the User acknowledges that they have an unlocked, eSIM-compatible Device, which is required in order to access the eSIM.

 

 

3. Duration and Termination

 

3.1. This Agreement shall commence as soon as you purchase the subscription. After purchasing the eSIM, it will remain on your Device, with the Data Subscription renewing automatically every 31 days until the subscription is cancelled, or the payment method fails. The User may remove the eSIM from their Device at any time through the settings, but we recommend that the eSIM is not removed unless the subscription is cancelled, or the service is terminated. Downloading and activating the eSIM and Data Subscription require a stable internet connection. The subscription period will renew every 31 days, commencing at the time of activation of the eSim (e.g., from 4:00 PM on the activation day to 4:00 PM on the last day of the period).

 

3.2. The duration of this Agreement will continue on a month-to-month basis, with automatic renewal every 31 days until the subscription is cancelled, the payment method fails or it is terminated in accordance with these Terms. The User may cancel the plan at any time, with no minimum (or maximum) commitment period.

 

3.3. This Agreement will terminate in the following cases:

 

3.3.1. When the Data Subscription is cancelled by the User and its subscription period ends according to clause 4.2.

 

3.3.2. If the payment method fails, leading to the suspension or termination of the subscription.

 

3.3.3. If the User breaches this Agreement (including applicable laws) or Holafly has reasonable suspicions of a breach, resulting in the suspension or termination of the eSIM or Data Subscription by Holafly.

 

3.4. Upon termination under clause 4.3.1 (when the subscription is cancelled), if the User does not immediately delete the eSIM from their Device, it will remain on the Device “as is”. Holafly does not provide any warranty to the User following such termination. The eSIM will remain on your device without further support or possibility of use by you until you purchase a new eSIM or Data Subscription, at which point this Agreement will apply again.

 

 

4. Data Usage, Plan Changes, and Cancellations

 

4.1. If the User runs out of data before the renewal date, they have the option to purchase a prepaid Global eSIM card (https://esim.holafly.com/esim-global/) for the desired number of days. This is entirely at the User’s discretion and is not a requirement. The Global eSIM must be installed, activated, and used separately.

 

4.2. The User can alternatively upgrade/downgrade to a different Data Subscription by contacting customer support to cancel the current plan, buy a superior one, get a new eSIM, install it, activate it, and start a new billing cycle on that same day. If the User opts for a downgrade, they will continue using their current plan until the end of the billing cycle. Customer support will assist in cancelling the existing plan and facilitating the purchase of a lower-tier plan, which will take effect once the current billing cycle ends.

 

4.3. The User may cancel their Data Subscription at any time, without any minimum notice period. Cancellation may be executed through the User's online account or by contacting customer support through the channels indicated by Holafly. Notwithstanding the cancellation request, the Data Subscription will remain active until the end of the current billing cycle, with no entitlement to refunds, prorated reimbursements, or credits for any unused portion of the subscription. .

 

4.4. The User will not be able to pause the Subscription. If the User cancels, they will not be able to reactivate the previous plan.

 

 

5. Plan Modifications


5.1. We reserve the right to modify or update the terms of the Data Subscription. In the event of any material changes, we will provide the User with at least 30 days' prior notice. If the modification adversely affects the User’s rights or obligations, the User may cancel their subscription without penalty before the change takes effect.

 

5.2. If the User does not express their objection to the changes within 30 days of receiving notice and continues to use the service thereafter, such continued use will be deemed as acceptance of the updated terms.

 

 

6. Cancellation Rights


6.1. The User has the right to withdraw from the subscription agreement within 14 days from the date of purchase, without penalty and without the need to provide any justification, in accordance with applicable consumer protection laws.

 

6.2. The User may access and manage their Data Subscription at any time through their user account on our website.

 

 

7. Warranty

 

7.1. This Agreement’s terms are in addition to your statutory rights as a consumer.

 

7.2. Holafly gives no warranty and makes no representations in relation to the Data Subscription, the eSIM, or the Service, and all warranties and conditions (save to the extent that they are required by applicable laws) whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.

 

7.3. Holafly reserves the right, at its sole discretion, to discontinue the sale, provision or support of any Data Subscription or eSIM at any time.

 

 

8. Service Availability

 

8.1. Holafly shall take commercially reasonable steps to ensure the Service is available to you at all times, contingent upon Holafly and its service providers’ ability to maintain network capacity and connection availability.

 

8.2. Holafly partners with service providers to provide the Service, including network service providers. These vary from jurisdiction to jurisdiction.

 

8.3. If you purchase an “unlimited” Data Subscription please note that your data coverage and speed may be subject to a network service provider’s fair use policy. This means that in order to ensure a high quality of service for all users, the network service provider reserves its right to impose restrictions or limitations on data usage or speed if your usage is deemed excessive or if it negatively impacts the network performance of other users.

 

8.4. Holafly does not guarantee network capacity, network quality or connection availability of the Service. This includes (but is not limited to) any of the following circumstances:

8.4.1. when our service providers need to perform upgrading, maintenance or other work on its network services;

 

8.4.2. when you are in areas not covered by the network of our service providers or in accordance with the areas specified in your Data Subscription;

 

8.4.3. where factors outside of our control cause disruption, including, by way of example but not limited to: disruption caused by the features or functionality of your Device, regulatory requirements, faults in communication networks, the weather, radio interference or other physical obstructions.

 

 

9. User Obligations

 

9.1. The User agrees that it shall:

9.1.1. use the eSIM in compliance with this Agreement;

 

9.1.2. use the eSIM in accordance with all applicable laws and regulations of the country in which the User is present or ordinarily resident;

 

9.1.3. not use the eSIM to engage in any action that is fraudulent, criminal or illegal or causes the network to be impaired or damaged;

 

9.1.4. not use the eSIM to copy, store, modify, publish or distribute Holafly’s commercial information (including trade secrets) except where we give you permission.

 

9.1.5. use the eSIM to download, send or upload content of an excessive size, quantity or frequency; and

 

9.1.6. not use the eSIM in a way which breaches the intellectual property rights of a third party.

 

9.1.7. not decompile, disassemble, reverse engineer or otherwise attempt to derive source code from any Holafly content or the content of Holafly’s service providers (including but not limited to the eSIM),

 

9.2. The User agrees that any credits, promotions and referrals for the Service (the “Promotions”) shall not be used to undermine the fairness, integrity or legitimate operation of the Service, including but not limited to, creating fake User registrations or using fictitious identities to participate in the Promotions to receive rewards.

 

9.3. The User agrees that Holafly may suspend temporarily or permanently the Data Subscription in the case of breach of the Agreement . The User shall be liable and shall pay all charges due this Agreement in respect of the suspended Service. Holafly reserves the right to seek remedies and damages (including legal costs) to the fullest extent permitted by the law. Holafly reserves the right, at its sole discretion and without liability to the User to suspend or terminate the User’s access to the Service, including the Data Subscription, without prior notice, if there are reasonable grounds to suspect that:

  • The User has breached the Agreement, including but not limited to unauthorized use, resale, or fraudulent activity related to the Service;
  • The User has engaged in any activity that violates applicable laws, regulations, or third-party rights, including intellectual property rights and consumer protection laws;
  • The Service is being used in a manner that may compromise its integrity, security, or availability to other users, including excessive or abusive use that goes beyond reasonable consumer expectations;
  • The User has provided false, inaccurate, or misleading information during registration, payment, or verification processes;
  • There is suspected fraudulent, unauthorized, or unlawful activity associated with the User’s account, including chargebacks, identity theft, or payment fraud.

 

 

10. Payment Terms

 

10.1. The User may purchase the Data Subscription on the website. Payment shall be processed by an authorised agent of Holafly.

 

10.2. The Data Subscription operates on a rolling 31-day billing cycle, commencing at the time of purchase. It will automatically renew at the end of each cycle unless cancelled by the User before the renewal date.

 

10.3. Unless otherwise specified, all Subscription fees include any applicable Indirect Taxes. The applicable Indirect Taxes will be calculated based on the postcode provided by the User when submitting payment information to Holafly.

 

10.4. “Indirect Taxes” in this clause 8 means any sales tax, value-added tax, and any similar levies or taxes as may be applicable at the time of sale of the Data Subscription relating to an eSIM.

 

10.5. Payments are processed automatically using the payment method chosen by the user during the first purchase.


10.6. Users can change their payment method at any time in the "Account Details" section on the User account.

 

10.7. If payment from a User is not successfully processed within five (5) days of the billing date, the eSIM services will be suspended. If payment remains outstanding for thirty-one (31) consecutive days, the Subscription will be terminated, and the eSIM will be deactivated permanently. This termination does not exclude any legal action which Holafly may take against the User.

 

 

11. Legal Right of Withdrawal

 

11.1. If you are purchasing an eSIM as a consumer, you have the legal right to withdraw from this Agreement within fourteen (14) days from the date of purchase, without the need to provide any justification. However, this right of withdrawal will expire earlier if the eSIM is activated and the associated Data Subscription is consumed or depleted before the end of the withdrawal period. In such cases, you may be eligible for a partial refund, calculated proportionally based on the remaining value of the eSIM or Data Subscription at the time of withdrawal.

 

11.2. To exercise your right of withdrawal, you must inform us of your decision to withdraw from the Agreement by an unequivocal statement. Please contact Holafly Limited, c/o Customer Support, the details of which can be found at section 14 below.

 

 

12. Refund and Returns Policy

 

12.1. You will receive the Service in conformity with these If you believe that the Service which has been delivered to you does not comply, or does not comply with your statutory consumer rights, please let us know. If applicable you may be eligible for a full or partial refund for the affected eSIM or Data Subscription in accordance, with this Agreement.

 

12.2. To qualify for a full refund from Holafly, the User must meet the following requirements:

12.2.1. The eSIM must have been purchased from Holafly via the website (i.e. not from Third Parties).

 

12.2.2. The eSIM or Data subscription must not have been activated; and

 

12.2.3. The refund request must be submitted within six (6) months from the date of purchase.

 

12.3. Subject to clauses the conditions set out on this Agreement, in the following circumstances, Holafly may issue a full or partial refund, proportionate to the reduction in value of the Data Subscription, in the following circumstances:

 

12.3.1. if the Subscription relating to the eSIM has already been activated and/or consumed (in part) or credit expended, or

 

12.3.2. If the eSIM fails to function due to issues with the network infrastructure, including instability or service disruptions in a covered destination. .

 

12.3.3. Where the User purchases an eSIM and downloads it onto an incompatible or locked Device, Holafly will provide to the User a full refund, provided that the User has complied with the requirements of 12.2.1 - 12.2.3.

 

 

13. Intellectual Property Rights

 

13.1. Except as otherwise indicated, the Data Subscriptions, eSIM and Services are our (or our licensor’s) 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.

 

13.3. Except as expressly provided in this Agreement , no part of the eSIM, 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.

 

 

14. Data Protection

 

14.1. By purchasing an eSIM, you acknowledge that Holafly will process personal information relating to you (“Personal Data“) in accordance with the applicable Privacy and Personal Data Protection Legislation. Holafly will process your personal data for different purposes, including to make the Service available to you, to monitor, to improve the Service, to prevent unauthorised use of the Service and to comply with our legal obligations.

 

14.2. You must provide truthful information, and the impersonation of identity or the use of aliases or anonymous names is prohibited. You may not, when providing any data that may be requested from you on the channels, choose expressions that are offensive, coincide with trademarks, trade names, names or pseudonyms of public figures or celebrities that you are not authorised to use. So that the information provided is always up to date and does not contain errors, you must inform Holafly, as soon as possible, of any changes to your personal data that may occur.

 

14.3. For further information on how Users’ Personal Data are used or for any queries in relation to how we may process your Personal Data, please see our Privacy Policy available and our Cookies Policy.

 

 

15. Indemnity

 

15.1. 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:

 

15.1.1. a breach by you of this Agreement; and/or

 

15.1.2. any other matter arising out of or in connection with any use you may make of the Service otherwise than in accordance with this Agreement.

 

 

16. Limitation of Liability

 

16.1. To the fullest 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 your use of the Service, including the eSIM or any Datas Subscription. Notwithstanding the foregoing, Holafly’s liability under or in connection with this Agreement, whether arising from contract, negligence or otherwise shall in no event exceed the amount of charges payable by the User to Holafly under the relevant Data Subscription in the 12 months preceding the date of the event giving rise to such liabilities having occurred, or €100, whichever is greater. 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.


 

17. Governing Law and Legal Compliance

 

17.1. Except as applicable mandatory laws may determine: (a) this Agreement 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 this Agreement or their subject matter or formation.

 

17.2. Other applicable mandatory laws of other states may also apply to your use of the eSIM.

 

17.3. The Service, Data Subscription and the Application are 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 Service and/ or Application from locations that prohibit such use do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

 

18. Variation of this Agreement

 

18.1. We may vary any of the terms of your Agreement or any future terms and conditions, including relating to our Data Subscription, on the following basis:

 

18.1.1. any updated Agreement and new terms will be available on our Application, website or official page;

 

18.1.2. we will let you know with adequate notice if we make any variations to this Agreement. You are free to withdraw from using the Service 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.

 

18.1.3. if you continue to use the Service, Data Subscription or eSIM after the variation of this Agreement commences, you will be deemed to have accepted the variation.

 

 

19. General

 

19.1. 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.

 

19.2. 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.

 

19.3. 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.

 

19.4. 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.

 

 

20. Holafly Contact Details

 

You can reach our team through the following channels: