CHECK RESTRICTIONS ON USE: There are restrictions on the use of the Service and Licensed Application in some countries. It is your responsibility to ensure that you are legally allowed to use the Product where you are located.
AGE: You must be at least 16 years old to use the Product, the Service, and the Site (in certain countries, 13 is the minimum required age to be authorized to use the Product, the Service, and the Site without parental approval). In addition to being of the minimum required age to use the Product, the Service, and the Site under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
YOLLA-ESIM ACCOUNT BECOMES INACTIVE AFTER 365 DAYS: If you do not use the eSIM for any continuous period of 365 days, Yolla-eSIM reserves the right to invalidate your eSIM account and the Service without prior notice and without any refund, repayment or compensation.
Yolla-eSIM offers a number of products and services on the Site and through partners, such as global phonecards, electronic SIM cards, and data bundles for internet access with eSIM toll-free access to send and receive voice messages (collectively, the Services ). Registration and payment is required to use the Services. Prepayment using a credit card or any other acceptable payment method is also required for the use of the Services. Eligibility restrictions will be noted when registering for each Service. You are responsible for your own end material and its proper configuration and installation, in compliance with any regulations and applicable instructions by Yolla-eSIM or the manufacturer. You are also responsible for all preparations for installing the Service, such as setting adequate protocols. Yolla-eSIM has the right to cancel or change any phone number or other address element it may have assigned to you without compensation if required for operational or technical reasons or as a result of government regulations or new partnerships, or if they expire after 365 days of inactivity. Any and all rights attached to a phone number assigned by Yolla-eSIM to you remain vested in Yolla-eSIM. Yolla-eSIM offers mobile phone and SIM card users a high degree of coverage via the GSM mobile network. Coverage depends on the network, technical and operational capabilities of the roaming partner. Gaps in coverage may nevertheless be encountered even in areas that are designated as covered, particularly inside buildings or remote areas. Yolla-eSIM will make every effort to provide a high level of availability for its mobile network. However, Yolla-eSIM is unable to guarantee continuous, trouble-free operation of its mobile network or certain transmission times or capacities. Yolla-eSIM reserves the right to service its mobile network at any time, which may result in temporary disruptions. No representations or guarantees are made with regard to availability, quality, operation or support for voice or data communication on third-party networks or with third-party lines.
Acceptance of the Terms
Changes to the Terms
Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, revocable, non-sublicensable free of charge license to personally use the Licensed Application on mobile devices or personal computers that you own or control through your individual Yolla-eSIM user account. This license does not allow you to use the Licensed Application on any device that you do not own or control and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, sublicense the Licensed Application. You may not remove, obscure or alter any copyright notices or other proprietary notices included in the Licensed Application, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (unless the foregoing restriction is prohibited by applicable law, or permitted by the licensing terms governing the use of any open sourced components included with the Licensed Application, if any). You agree not to use the License Application and any part of it within or to provide commercial products or services to third parties. At the same time, you are free to use the Product, the Site, and the Service for your own communications. Any copying or distribution, publication or commercial usage of the Site, or any content, software, code, data or materials on or from the Site, are strictly prohibited unless you have received express prior written permission from Yolla-eSIM. If you breach or attempt to breach these restrictions, you may be subject to prosecution and damages. The terms of the License will govern any upgrades provided by Yolla-eSIM that replace and/or supplement the Product and/or Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Consent to Use of Data
The license is effective until terminated by you or Yolla-eSIM. You may terminate your relationship with Yolla-eSIM at any time. Upon termination of the license, you shall cease all use of the Licensed Application, and delete all copies, full or partial, of the Licensed Application. Your rights under this license will terminate automatically without prior notice from Yolla-eSIM if you fail to comply with any term(s) of this license. Yolla-eSIM has the right to terminate its relationship with you and may suspend and cancel your user account, use of the Product, the Site, and the Service at any time and immediately, without prior notice to you, and without any obligation to compensate you for any loss due to such cancellation:
• if you are in breach of these Terms;
• if Yolla-eSIM reasonably suspects that you are using the Product, the Site or the Service to break the law or infringe upon third party rights;
• if Yolla-eSIM reasonably suspects that you are trying to unfairly exploit or misuse the refund policy, or any of our policies;
• if Yolla-eSIM reasonably suspects that you are using the Product, the Site, and the Service fraudulently or that your user account is being used by a third party fraudulently;
• if you use (or assist others in using) our Services in ways that involve sending illegal or impermissible communications;
• if Yolla-eSIM reasonably suspects that you are using the Product, the Site, and the Service in a way which may affect or impair the operation of any network used by Yolla-eSIM
• if Yolla-eSIM reasonably suspects that you are using the Product, the Site, and the Service to send or upload anything that infringes upon 3rd party intellectual property rights (unless you have permission)
• If you decline to provide us with whatever proof of identity we may reasonably request.
• in respect of a particular Product, on thirty (30) days notice if Yolla decides to cease offering that Product;
• immediately, if required due to a change in or adverse interpretation of laws/regulations or where required by a regulator or authority with a lawful mandate, or by any of Yolla-eSIM’s partners;
• on thirty (30) days notice if Yolla-eSIM decides to cease offering the Product and Service generally or to users in your jurisdiction in particular.
Use of Product and Service
In order to use the Product, the Site, and the Service, you are required to register a user account shall be registered with Yolla-eSIM and payment for the Services shall be undertaken in advance. You agree to provide true, accurate, up-to-date and complete information in all fields indicated as mandatory when registering, as well as any additional information provided or any amendments made by you. The Services are provided on a pre-purchase basis only. In order to use the Services you must purchase and download on a compatible device (you can see the list here https://esim.yollacalls.com/info/faq) an eSIM with a data plan from the Yolla-eSIM website https://esim.yollacalls.com or in the Yolla-eSIM App. The volume of data available will be made clear to you during the process of purchasing or topping up the Services. The Services will be available to you for the period specified at the time of purchase. When that period expires, any remaining Services will be lost and no refund will be payable for those unused Services. You understand that by using the Product, the Site, and the Service, you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use the Licensed Application and the Service at your sole risk and Yolla-eSIM shall not have any liability to you for any content. You agree not to exploit the Licensed Application or the Service in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity. You must use our Services according to our Terms and policies. If you violate our Terms or policies, we may take action with respect to your account, including disabling or suspending your account and, if we do, you must not create another account without our permission. Yolla-eSIM makes no representation that our Product and Service are available for use in any particular location. If you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Yolla-eSIM may need to perform maintenance on or upgrade the Product Site or the underlying infrastructure. This may require Yolla-eSIM to temporarily suspend or limit your use of the Product and Service. We will notify you by appropriate means, specifying the duration of and reasons for the restriction of the Service five working days' in advance. You will not be entitled to claim damages for such suspension or limitation of use. Yolla-eSIM has no obligation to make available any updates. At the same time, we may require you to download and install updates to use the Product and Service or automatically download and install updates to your device. Yolla-eSIM reserves the right to change, suspend, remove, or disable access to our Service at any time without notice. In no event will we be liable for the removal of or disabling of access to our Service. We may also impose limits on the use of or access to our Service without notice or liability. The Licensed Application and the Services are provided on an "as is" and "as available" basis. We do not warrant or guarantee a fault free Service and give no warranties or guarantees as to network coverage, quality or availability. We shall take all 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. In the event of a fault , upon becoming aware of the fault or upon receipt of notice of the existence of such a fault by you, we shall use reasonable efforts to promptly correct the fault within 2 (two) working days. You may notify us about any fault by contacting our support team in the app.
You are responsible for all actions that take place as a result of access to or use of the Service via your access code and/or via your device independently of whether the access was made by yourself or by a third party using your access code and/or device. If your mobile phone is stolen or if you become aware of unauthorized use of the Product, the Site, and the Service you must notify Yolla-eSIM immediately to block your user account and suspend the Service. You are responsible for all charges until the Service is suspended. We have the right to change your password, block your account and suspend the Service at any time at our sole discretion and without notice, should we become aware of or suspect unauthorized use.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, INCLUDING THE LICENSED APPLICATION AND THE SITE ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. SHOULD THE SERVICE CAUSE ANY DEFECTS, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty Euro (€50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You agree that the Product and the Site contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Product and Service. Yolla-eSIM and/or its licensors retain exclusive ownership of the Product Site and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardize, limit or interfere with Yolla-eSIM’s intellectual property rights.
The charges associated with the data bundle(s) purchased for the Service are available to you before you purchase the Service and by purchasing the Service you agree to the application of those charges. We reserve the right to increase or make any other change to the charges for the Services which you have purchased at any time by publishing any changes at https://esim.yollacalls.com/ or otherwise giving you notice. You are responsible for checking the applicable charge before using the Service. You understand and agree that if you continue to use the Product and the Services after the date of publication of any amendments, it shall constitute that you accept the updated rates. If you do not agree with the amended rates, you may terminate your relationship with Yolla-eSIM. Yolla-eSIM states all Charges inclusive of VAT, unless specified otherwise. The default transaction currency for the Yolla-eSIM shall be Euro or the displayed currency at the point of sale. Each session of data usage which you undertake will be rounded up to 100 kilobytes. As you use the Services, the balance of the remaining purchased data bundle available to you will be decremented according to your usage of each Service. The Service will be automatically deactivated upon consumption of the prepaid balance. You can top-up your balance by purchasing Yolla-eSIM credit within the Licensed Application or the Site. You can enable the auto top-up feature when you buy Yolla-eSIM Credit. If enabled, your credit balance will be automatically recharged when your purchased data plan will end. You can disable the auto top-up feature at any time by changing your payment settings in the Yolla-eSIM application or the Site. The total amount (inclusive of applicable taxes and service fees) that you will be required to pay will be displayed in the Licensed Application before you are asked to confirm your transaction. There might be a limit on the number and value of purchases over a specific time period (e.g. daily, weekly, monthly). Subscriptions are automatically renewed unless canceled or changed by the user prior to the start of the new subscription period. The subscribtion can be changed or renewed in the App or on the Site. You acknowledge that the right of withdrawal will not be applicable if you start using Yolla-eSIM Services within the withdrawal period and the Service is fully performed by Yolla.
Refunds and Bonuses
You have the right to ask for a refund or exchange if the eSIM can not be activated due to a technical problem originating from Yolla-eSIM. Any data plan once sold cannot be returned to Yolla-eSIM and the cost of any unused Service will not be refunded by Yolla-eSIM, regardless of whether the data plan has been activated or not. When the Service is terminated for any reason, the remaining data usage will be forfeited and non-refundable. Yolla-eSIM shall not, under any circumstances, be required to refund any balance remaining in the Service or in any data plan purchased by the user. If you believe that Yolla-eSIM has charged you in error, you must contact Yolla-eSIM within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds at our sole discretion. If we issue a refund, we are under no obligation to issue the same or similar refund in the future. Yolla-eSIM reserves the right to refuse a refund if it reasonably believes that you are trying to unfairly exploit this policy, for example, by making repetitive requests regarding the same product or feature; by creating multiple Yolla-eSIM accounts or using one account on multiple devices; if you are in breach of the Terms; or if Yolla-eSIM reasonably suspects that you are using any of our products fraudulently or that your user account is being used by a third party fraudulently. This policy does not affect any of your statutory rights to pursue a claim.
Jurisdiction and dispute resolution
The Estonian laws, excluding its conflicts of law rules, govern these Terms and your use of the Licensed Application and the Services. You expressly agree that the courts in Tallinn have exclusive jurisdiction over any claim or dispute with Yolla or relating in any way to your use of the Licensed Application or Service. Your use of the Licensed Application and Service may also be subject to other local, state, national, or international laws. The Terms are not intended to limit consumer legal rights that may not be waived by contract.
11 Mar 2022