Terms and Conditions

1.1 These Terms and Conditions govern all contracts between yaySim (hereinafter "Provider") and the customer (hereinafter "Customer") regarding the purchase of data-only eSIMs (hereinafter "eSIM" or "data package") and related services.

1.2 These Terms and Conditions apply exclusively to consumers within the meaning of § 13 BGB (natural persons who acquire the eSIM for private purposes). Deviating, conflicting, or supplementary conditions of the customer only become part of the contract if the provider expressly confirms their validity in writing.

1.3 The provider reserves the right to change these Terms and Conditions at any time. Planned changes will be communicated to the customer in a timely manner by email or notice on the website. If the customer does not object to the changes within one month of notification in text form, the changes are deemed accepted. The importance of the deadline and the right to object will be specifically noted in the change notification.

1.4 Our services are directed at adults (18+). Minors may only purchase eSIM packages with the express consent of a legal guardian.

2.1 The service is the provision of a mobile data service via prepaid data eSIM, which enables the customer – with a compatible, eSIM-capable device – to access the internet. Voice or SMS services are not available.

3.2 Order Rejection: In exceptional cases (e.g., obvious pricing errors, justified doubts about identity or creditworthiness, lack of technical availability), the provider may reject the offer. The customer will be informed immediately; payments already made will be fully refunded.

3.3 Customer Identification: As a reseller, customer identification (KYC) is the responsibility of our upstream provider, not yaySim. Since we exclusively distribute pure data eSIMs without voice or SMS functions, provision is made without extensive collection of identification documents or personal identification data. Responsible for provisioning and any required regulatory obligations (§ 172 TKG) is: Redtea Mobile Ltd., 30 St. Mary Axe, London EC3A 8BF, United Kingdom (Company Reg. 08438309). Further information in Redtea Mobile's Terms/Privacy Policy: https://www.redteamobile.com/terms. The customer is responsible for ensuring that the use of our services in their country of residence complies with applicable laws.

4.1 Prices: All prices listed in the product overview are exclusive of VAT. According to § 19 UStG, no VAT is shown (small business regulation). No shipping costs apply as the eSIM is delivered digitally.

4.2 Due Date: Payment for the booked data package is due immediately upon order (prepaid).

4.3 Payment Methods: Accepted payment methods listed in the online shop (e.g., credit card, debit card, PayPal). The provider may exclude individual payment methods or add new payment methods in the future at its discretion.

4.4 Payment Processing: Technical processing of all electronic payments is handled by Stripe, Inc. Stripe acts as a third-party provider and processes all necessary payment data exclusively for payment processing. Data transmission is encrypted; the provider itself does not store complete credit card data but only receives payment confirmation from Stripe.

4.5 Invoice: After successful payment, the customer receives an electronic invoice (by email). A paper invoice can be requested for a fee.

4.6 Payment Default: If the customer defaults on payment (e.g., chargeback, declined card payment), the provider is entitled to block eSIM access until clarification and to charge default interest at the statutory rate. Further claims (e.g., damages) remain reserved.

5.1 Withdrawal Instructions

As a consumer (§ 13 BGB), you generally have a statutory right of withdrawal. You can withdraw from this contract within 14 days without giving reasons. The withdrawal period is 14 days from the day you received confirmation of the contract conclusion.

Important Notice on Right of Withdrawal for Digital Products:

By placing the order, the customer expressly agrees that we begin contract fulfillment (provision of the eSIM profile) immediately after payment receipt. The customer acknowledges that through this consent they lose their right of withdrawal once the eSIM profile has been installed or activated (e.g., QR code scanned and eSIM loaded onto the device).

Your right of withdrawal therefore expires if you have already installed or activated the eSIM profile. Since in this case we can no longer retrieve the eSIM profile from our system and cannot request a refund from the supplier, withdrawal is only possible as long as you have not yet installed or activated the eSIM.

To exercise your right of withdrawal, you must inform the provider (yaySim, Alexander Schauff, Mühlenstr. 223a, 41236 Mönchengladbach, [email protected]) by means of a clear statement (e.g., letter, fax, or email) of your decision to withdraw from the contract. You may use the following model withdrawal form, but it is not mandatory. To meet the deadline, it is sufficient to send the withdrawal declaration in time.

Consequences of Withdrawal:

• We will refund all payments we have received from you immediately and at the latest within 14 days from the day we receive your withdrawal declaration.
• For the refund, we will use the same payment method you used for the original payment, unless you have agreed otherwise.

6.1 Refund for Technical Failures: Should the booked data package be continuously unavailable for more than 24 hours due to technical disruptions or failures in our roaming partner's network, the customer will receive a pro-rated daily refund or can choose an equivalent replacement data plan at no additional cost. This regulation applies exclusively to complete network failures, not to performance limitations such as reduced speeds.

6.2 Service Discontinuation Procedure: When discontinuing a plan or roaming partner, we inform affected customers at least 14 days in advance by email and offer free alternative options or pro-rated refunds. Already purchased and installed profiles will remain functional until the end of their term in any case.

7.1 The customer undertakes to use the eSIM and related services in compliance with the law and only within the framework of these Terms. Any use that violates applicable laws, official regulations, or third-party rights is prohibited.

7.2 It is particularly prohibited to distribute or access illegal, immoral, or criminal content via the eSIM service (e.g., copyright infringement, distribution of extremist content, spam, phishing, hacking).

7.3 The customer must carefully store their access data (account login, password, eSIM profile) and protect it from unauthorized access. If the customer realizes that unauthorized persons are using their eSIM profile or misusing their access data, they must inform the provider immediately. Until this notification, the customer bears the costs if they are at fault.

7.4 Commercial redistribution or paid resale of the eSIM to third parties is prohibited. Use in specialized M2M/IoT devices or SIM servers requires the provider's express written consent.

7.5 If the customer realizes that unauthorized third parties are misusing their eSIM profile, they must inform the provider immediately so that blocking can occur. If this causes additional expenses for the provider (e.g., for a replacement eSIM), these are borne by the customer if they are at fault.

7.6 Export Compliance: The customer warrants that they are not listed on sanctions lists of the EU, UN, USA, or other states. In case of violation, we reserve the right to cancel orders and claim damages.

8.1 Our support is available daily from 09:00-19:00 at [email protected]. Inquiries are processed within 24 hours.

8.2 The customer is obligated to provide a valid email address and keep it current during the contract term. Provider notifications are deemed delivered when sent to the email address last provided by the customer.

9.1 Limitation of Liability: The provider is fully liable for damages resulting from injury to life, body, or health based on a breach of duty by the provider, its legal representatives, or vicarious agents.

9.2 In cases of slight negligence in breach of essential contractual obligations (cardinal obligations), the provider is liable only for typically foreseeable damage. Essential contractual obligations are those whose fulfillment enables proper contract execution and on whose compliance the customer may rely.

9.3 Exclusion of liability for disruptions or failures outside the provider's area of responsibility (e.g., network disruptions at partner operators, force majeure, technical failures), as well as for damages resulting from improper installation or operation by the customer.

9.4 Warranty: Defects in performance must be reported by the customer immediately in text form. For justified defect complaints, the provider will, at its discretion, provide the eSIM profile again or remedy the defect. If remediation fails, the customer may demand reduction or withdraw from the contract. Further claims are excluded unless mandatory legal provisions apply.

10.1 The provider collects, processes, and uses customer personal data only within the framework of applicable data protection laws (particularly GDPR, BDSG).

10.2 Required data (name, address, email, payment data) is processed for contract fulfillment and payment processing. Transfer to third parties occurs only when necessary for contract processing (e.g., Stripe, network partners) or legal obligations exist.

10.3 As a data subject, the customer has rights to information, correction, deletion, processing restriction, data portability, and objection. To exercise these rights, they can contact the data protection officer named in the imprint or the contact address specified in the privacy policy.

10.4 Further information (e.g., use of cookies, tracking) is contained in the separate privacy policy on the website.

11.1 All copyrights, trademarks, and other protective rights to content (images, texts, logos) remain with the provider or its licensors. Any reproduction or distribution requires our prior written consent.

11.2 The customer receives only a non-exclusive, non-transferable right to use the eSIM software for the duration of the contract term.

12.1 Severability Clause: Should individual provisions of these Terms be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a legally permissible provision that comes closest to the economic purpose.

12.2 Written Form: Changes and additions to these Terms require written form (text form, e.g., email). This also applies to the waiver of the written form requirement itself.

12.3 Choice of Law: The law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and German international private law. For consumers with habitual residence in another EU member state, mandatory consumer protection provisions of that state remain unaffected.

12.4 Jurisdiction: If the customer is a merchant, legal entity under public law, or special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is the provider's registered office. In all other cases, statutory places of jurisdiction apply.

12.5 Online Dispute Resolution: The EU Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr. The provider is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.