Terms of Use for the eSIMony App

Date: 01.07.2026

Section 1 Provider, app and contact

  1. The provider of the app is
    HD Solutions GmbH
    Danckelmannstr. 9, 14059 Berlin
    Register court: Charlottenburg Local Court (Berlin)
    Commercial register: HRB 250803
    VAT ID: DE291049963
    Managing directors authorized to represent the company: Holger Zimmermann, Diana Bohlinth.
  2. The app is offered under the name “eSIMony” for iOS and Android. It serves as a self-service interface for purchasing, installing, managing and topping up travel eSIMs.
  3. You can contact support at:
    Email: hello@esimony.com, phone: +49-30-95 999 65 56.
  4. Further provider information is available in the legal notice:
    https://www.esimony.com/policies/legal-notice

Section 2 Scope and separation from other terms

  1. These Terms of Use govern only the use of the “eSIMony” app software. This includes, in particular, registration, the user account, technical app functions, self-service functions and app-related notifications.
  2. These Terms of Use do not govern:
    1. the purchase contract for eSIMs, data packages, top-ups or other paid services,
    2. payment processing, prices, discounts, cancellation rights, refunds and purchase-related warranty rights,
    3. the referral, bonus or points program,
    4. the processing of personal data.
  3. Separate purchase terms apply to the purchase of eSIMs, data packages and top-ups. Purchases are processed via Shopify Checkout. The current purchase terms are available here:
    https://www.esimony.com/policies/terms-of-service
  4. Separate information and terms apply to cancellation rights and refunds. These are available here:
    https://www.esimony.com/policies/refund-policy
  5. Separate participation terms apply to the referral, bonus or points program. These are available here:
    https://www.esimony.com/pages/esimiles-terms-and-conditions.
  6. Information on the processing of personal data is available in the Privacy Policy:
    https://www.esimony.com/policies/privacy-policy
  7. Where individual app functions are based on third-party services, such as services provided by app stores, Shopify, payment service providers, network operators or eSIM provider partners, their additional terms may also apply.

Section 3 Description of the app services

  1. The app is a self-service interface for travel eSIMs. Through the app, you can in particular:
    1. create and manage a user account,
    2. view eSIM offers,
    3. start purchases via Shopify Checkout,
    4. retrieve installation data, QR codes or other activation information,
    5. view the status of an eSIM,
    6. view available or used data volume,
    7. start top-ups or follow-up purchases,
    8. use support and help functions,
    9. receive push notifications relating to orders, usage, expiry or app-related information.
  2. Purchases and payments are processed via Shopify Checkout. Within the scope of these app Terms of Use, the provider does not process full payment data.
  3. The technical mobile data connectivity of the eSIM is provided through a network, mobile communications or eSIM provider partner. The provider facilitates or supports, in particular, the provision of eSIM profiles, QR codes, installation data, status information, usage information and top-ups.
  4. The app itself does not create any entitlement to specific network coverage, a specific mobile data speed, permanent availability of a mobile network or a specific quality of data connection. The network service depends in particular on the relevant travel country, local network coverage, network availability, device, device settings, roaming permissions, eSIM compatibility and the service provided by the relevant network or provider partner.

Section 4 Registration and user account

  1. A user account is required to use certain app functions.
  2. Registration takes place using an email address and password. Depending on technical availability, biometric login may also be used, for example via Face ID, Touch ID or comparable functions of the device.
  3. Biometric authentication is performed via the operating system of your device. As a rule, the provider does not receive access to your raw biometric data.
  4. You are obliged to provide accurate, complete and up-to-date information when registering and using the app.
  5. As a rule, only one user account may be created per person. Multiple accounts are not permitted if they are used to circumvent technical limits, obtain benefits improperly or manipulate promotions, discounts, bonus points, referrals or other app functions.
  6. You are responsible for keeping your access credentials confidential and protecting them from access by third parties. If you suspect that third parties have gained access to your account or credentials, you must inform the provider without delay and change your password.
  7. The provider is entitled to implement appropriate technical security measures, such as email verification, password requirements, login restrictions or measures for detecting misuse.

Section 5 Minimum age and consumer status

  1. The app is intended for consumers within the meaning of Section 13 of the German Civil Code.
  2. The app may only be used by persons who are at least 18 years old.
  3. Minors may use the app only if and to the extent this is legally permissible and any required consent from their legal representatives has been obtained. The provider may request suitable proof where there is a justified reason.

Section 6 Right to use the app

  1. For the duration of contractual use, the provider grants you a simple, non-exclusive, non-transferable and revocable right to install the app on a compatible device and use it for private purposes.
  2. The right of use is limited to the intended use of the app. You do not receive any rights to the source code, databases, trademarks, logos, designs, texts, images or other content unless such rights are expressly granted.
  3. You may not rent out, lend, sublicense, sell, make publicly available, copy, modify, decompile, reverse engineer or otherwise technically analyse the app, unless this is mandatorily permitted by law.
  4. Rights relating to eSIM profiles, QR codes, installation data and other purchase-related services are governed by the applicable purchase terms and product terms.

Section 7 Permitted and prohibited use

  1. You may use the app only lawfully, in accordance with the contract and in compliance with these Terms of Use.
  2. In particular, the following is prohibited:
    1. using the app for unlawful purposes,
    2. manipulating, disrupting or overloading the app, its interfaces or connected systems,
    3. using bots, scraping, automated queries or other automated access without the provider’s prior consent,
    4. attempting to circumvent security measures, access restrictions or technical protection mechanisms,
    5. reverse engineering, decompilation or other technical reconstruction of the app, unless mandatorily permitted by law,
    6. using third-party access credentials or making your own account available to unauthorized third parties,
    7. creating or using multiple accounts to obtain unjustified benefits,
    8. manipulating orders, QR codes, usage data, referral functions, bonus points, discounts or credit,
    9. entering false, misleading or third-party data,
    10. using the app in a way that violates third-party rights, statutory provisions or official requirements.
  3. The provider may take appropriate measures to prevent or investigate misuse, security risks or breaches of these Terms of Use.

Section 8 Device requirements and user responsibility

  1. You are responsible for using a suitable device.
  2. To use travel eSIMs, you need in particular:
    1. an eSIM-capable device,
    2. an operating system compatible with the relevant eSIM,
    3. a sufficient internet connection for installation or activation,
    4. a device that is not locked, or that is SIM-unlocked or network-unlocked, where this is required for using the eSIM,
    5. sufficient permissions and suitable settings on the device.
  3. The provider does not assume responsibility for whether your device supports eSIMs, whether it is compatible with a specific eSIM or whether it can be used in a specific country with a specific network.
  4. Limitations caused by your device, operating system, device settings, missing permissions, network locks or lack of internet connection are outside the provider’s area of responsibility.

Section 9 Purchases, payment and Shopify Checkout

  1. Purchases of eSIMs, data packages, top-ups or other paid services are not made directly on the basis of these Terms of Use, but on the basis of separate purchase terms.
  2. Checkout and payment processing are handled via Shopify or via payment service providers integrated there.
  3. Within the scope of these app Terms of Use, the provider does not process full payment data, such as full credit card numbers or comparable payment information.
  4. The terms and privacy notices of the respective payment and checkout service providers apply to payment processing.
  5. Product descriptions, prices, taxes, discounts, scope of services, validity periods, activation conditions, usage rules and refunds are governed by the relevant offer and the purchase terms.

Section 10 eSIM provision, QR codes and partner services

  1. After a purchase, QR codes, activation data or other installation information may be provided via the app or by email.
  2. The provision, activation, use and management of eSIM profiles may be carried out through technical partners, network operators, roaming partners or eSIM providers.
  3. Usage displays, status information, remaining volume, expiry dates or other technical information may be delayed, rounded or dependent on third-party data. They are provided for information purposes and may differ from actual usage or billing where this is technically caused.
  4. The provider is not responsible for disruptions, limitations or outages outside its sphere of influence, in particular those relating to local mobile networks, roaming partners, network operators, eSIM provider partners, app stores, Shopify, payment service providers, internet access providers or the user’s device.

Section 11 Push notifications and app messages

  1. The app may send push notifications or in-app messages, in particular relating to orders, provision, installation, usage, expiry, top-ups, security information or support notices.
  2. Push notifications require that you allow them on your device. You can disable push notifications in your device settings.
  3. Some notifications may be important to inform you about status, expiry or technical changes. If you disable notifications, you may not receive certain notices or may receive them late.
  4. Promotional notifications are sent only where there is a legal basis or your consent. Details are available in the Privacy Policy.

Section 12 Availability, maintenance and further development

  1. The provider endeavours to ensure reliable availability of the app. However, uninterrupted, error-free or permanent availability at all times is not guaranteed.
  2. The app may be temporarily restricted or unavailable, in particular due to maintenance, updates, technical faults, security measures, system overload, force majeure or disruptions at third-party providers.
  3. The provider is entitled to further develop the app, and to change, add, restrict or remove functions, provided this is reasonable for users and the provider has legitimate interests.
  4. The provider may provide updates, in particular for bug fixes, security, compatibility or further development. The use of certain functions may require the current app version.
  5. Statutory rights due to defects remain unaffected to the extent they apply to the use of the app.

Section 13 App stores and operating systems

  1. The app may be obtained through third-party app stores, in particular the Apple App Store or Google Play.
  2. The terms of the respective app store operator may additionally apply to download, installation, updates, ratings, store accounts and store-related processes.
  3. The provider is not responsible for the availability of the app store, store accounts, operating system functions, approvals, suspensions or other decisions made by the respective app store operator.
  4. In the event of conflicts between these Terms of Use and the terms of an app store operator, these Terms of Use apply between you and the provider for the use of the app to the extent legally permissible. Store terms apply additionally to your relationship with the respective app store operator.

Section 14 Suspension, restriction and termination of the user account

  1. You may delete your user account at any time or request deletion via support, unless statutory retention obligations or legitimate reasons prevent deletion.
  2. The provider may temporarily suspend or restrict your account or individual functions if there are specific indications of:
    1. a breach of these Terms of Use,
    2. misuse, fraud or manipulation,
    3. unauthorized use of the account,
    4. a threat to the app, other users or connected systems,
    5. legal or official requirements.
  3. In the event of serious or repeated breaches, the provider may terminate the user relationship and permanently suspend the account.
  4. Before a permanent suspension or termination, the provider will appropriately take your legitimate interests into account. Prior warning is not required if there is a serious breach or if continuation of the user relationship is unreasonable.
  5. Purchase-related rights, statutory warranty rights, open orders, tax retention obligations or mandatory consumer rights remain unaffected by account suspension.

Section 15 Data protection

  1. Personal data is processed when the app is used.
  2. The type, scope, purposes, legal bases, storage periods and your data protection rights are set out in the separate Privacy Policy:
    https://www.esimony.com/policies/privacy-policy
  3. These Terms of Use do not conclusively govern the processing of personal data.

Section 16 Liability

  1. The provider has unlimited liability:
    1. in cases of intent and gross negligence,
    2. in the event of injury to life, body or health,
    3. under the German Product Liability Act,
    4. where a guarantee has been assumed,
    5. in all other cases of mandatory statutory liability.
  2. In the event of a slightly negligent breach of material contractual obligations, the provider’s liability is limited in amount to the typical, foreseeable damage. Material contractual obligations are obligations whose fulfillment enables the proper use of the app in the first place and on whose compliance you may regularly rely.
  3. Otherwise, liability for slight negligence is excluded.
  4. The above limitations of liability also apply in favor of the provider’s legal representatives, employees, vicarious agents and partners.
  5. The provider is not liable for disruptions, outages or restrictions of mobile communications and data connections where these are caused by network operators, roaming partners, eSIM provider partners, local network infrastructure, devices, device settings, operating systems, app stores, internet providers or other third parties and are not attributable to the provider’s area of responsibility.
  6. Your duty to mitigate damage remains unaffected. In particular, you should observe installation instructions, keep access credentials secure and take reasonable steps to clarify recognisable disruptions.

Section 17 Changes to these Terms of Use

  1. The provider may change these Terms of Use if there is an objective reason and the change is reasonable for you.
  2. Objective reasons may include in particular:
    1. changes to app functions,
    2. technical developments,
    3. changes in the legal situation or case law,
    4. security requirements,
    5. changes relating to third-party providers, partners or app stores,
    6. clarifications or editorial adjustments.
  3. You will be informed of material changes in good time and in an appropriate manner, for example by email, in-app notice or push notification.
  4. Where legally required, your consent will be obtained. Without required consent, continued use of certain functions may be restricted.
  5. Changes that are exclusively beneficial, purely editorial or legally mandatory may become effective without separate consent to the extent legally permissible.

Section 18 Governing law, contract language and place of jurisdiction

  1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
  2. In relation to consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection of mandatory provisions of the law of the country in which the consumer has their habitual residence.
  3. The contract language is German. This English version is provided for convenience. In the event of discrepancies, the German version prevails, unless mandatory law provides otherwise.
  4. The statutory places of jurisdiction apply to consumers. These Terms of Use do not establish an exclusive place of jurisdiction to the detriment of consumers.

Section 19 Consumer dispute resolution

  1. The provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board, unless there is a statutory obligation to do so.
  2. The former EU Online Dispute Resolution platform has been discontinued. A link to that platform is therefore no longer provided.
  3. Statutory information obligations under the German Consumer Dispute Resolution Act remain unaffected.

Section 20 Final provisions

  1. If individual provisions of these Terms of Use are or become invalid in whole or in part, the validity of the remaining provisions remains unaffected.
  2. The statutory provisions apply in place of any invalid provision.
  3. Headings are for readability only and have no independent regulatory effect.
  4. Current version: 01.07.2026, version 1.0.