Terms of Use

1. Definitions

• You: the individual user of the Service.
• eSIM: a digital SIM profile that enables activation of a cellular plan on compatible devices without a physical SIM.
• Data-Only eSIM: an eSIM that provides internet access only (no voice calling and no SMS).
• Order: a purchase transaction for an eSIM or related data plan through the Service.
• Activation Details: information required to activate an eSIM (for example SM-DP+ and activation code and any other required credentials).
• Unused: the eSIM has not connected to, registered on, or attached to any supported local network operator and has not been used to establish any cellular data session or traffic.
• Validity Period: the time window during which a plan is valid, as displayed in the Service for that plan.

2. Overview of the Service

DataFly provides data-only eSIMs intended for international travelers and tourists.

Connectivity depends on third-party networks and conditions outside our control, including device compatibility, local carrier coverage, congestion, policies, and local regulations.

IP Address and Geolocation: When using an eSIM and mobile/roaming data connections, your public IP address may be assigned or routed through network infrastructure in a country different from your destination country. As a result, IP-based geolocation (used by some websites and apps) may not reflect your physical location. This is common in the mobile connectivity industry and is not a defect in the Service.

No Voice/SMS; No Emergency Services. DataFly eSIMs are data-only and do not support traditional voice calling or SMS. The Service does not support emergency calling or emergency services (e.g., 911/112) and may not be used as a substitute for primary mobile service. You are responsible for maintaining alternative means to contact emergency services.

3. Eligibility (Adults Only)

The Service is intended only for users 18 years of age or older. The Service is not directed to children, and you may not use the Service if you are under 18.

4. Accounts and Authentication

You may need an account to use the Service. You may register using email, Google, or Apple sign-in. You agree to provide accurate and complete information, maintain the security of your account and credentials, and notify us promptly of any unauthorized use. You are responsible for all activity that occurs under your account.

5. Account Deletion

You may request deletion of your account through the Service and/or by contacting support. Account deletion will be completed 14 days after your deletion request is submitted. If you log in again during the 14-day waiting period, the deletion request will be automatically cancelled. We may retain certain records as required or permitted by law (for example accounting, fraud prevention, dispute resolution, or compliance), even after your account is deleted.

6. Device Requirements and Your Responsibilities

You are responsible for ensuring that your device supports eSIM, your device is unlocked (not carrier-locked), you follow installation and activation instructions, and you verify destination coverage and plan details before purchasing. We are not responsible for issues arising from unsupported or locked devices, misconfiguration, or failure to follow instructions.

7. Purchases, Pricing, and Payment Processing

The Service does not offer recurring subscriptions. eSIMs are sold on a one-time purchase basis. Payments are processed through Stripe and you agree to the payment processor terms and policies.

Saved Payment Methods

If you pay with a bank card, we (through our payment processor) may automatically store a tokenized version of your card as a saved payment method to make future purchases easier. Your full card number is not stored by us. You can remove a saved card at any time in the Service, and removal will apply to future purchases. We do not charge taxes at checkout unless explicitly stated otherwise.

Currency; Bank Fees; FX Rates; Third-Party Charges

Prices are displayed in the currency shown in the Service at the time of checkout. If you view prices or pay in a currency other than USD, the displayed amount may differ from the USD amount due to currency conversion, exchange-rate fluctuations, rounding, or fees. Depending on your location, card issuer, bank, and payment method, your payment may be processed in the displayed currency or a different currency, and your bank/card issuer may apply foreign exchange conversion rates, markups, international transaction fees, or other processing fees. Local authorities, financial institutions, or other third parties may impose taxes, duties, levies, or fees. Mobile network operators or other third parties may charge fees outside of our control, and you are responsible for such charges. You authorize us (and our payment processor) to charge your selected payment method for your Order.

Discount Codes and Coupons

Promotional codes, coupons, referral credits, or similar offers ("Coupons") have no cash value, are non-transferable, and may be limited to one use per person, account, device, payment method, or household. They may be valid only for specific plans, destinations, time periods, or minimum purchase amounts and may not be combined with other offers. We may modify, suspend, or terminate any Coupon program at any time and may revoke or refuse any Coupon in cases of suspected fraud, abuse, mistake, unauthorized distribution, or violation of these Terms. If a Coupon is applied to an Order, any refund (if approved) will be limited to the amount actually paid after applying the Coupon unless otherwise required by law.

Digital Product; Immediate Performance

eSIMs and data plans are digital products. Where permitted by applicable law, by placing an Order you request immediate performance/delivery of the digital product and acknowledge that you may lose any statutory right to withdraw or cancel once performance begins (for example, once the eSIM is delivered, installed, or activated), except where such rights cannot be waived under applicable law.

Order Acceptance; Errors; Cancellations

Your Order is not accepted until payment is successfully processed and the Order is confirmed in the Service. We may refuse, cancel, or limit any Order for any lawful reason, including suspected fraud, misuse, legal restrictions, or errors in pricing, availability, or product information. If we cancel an Order after you have been charged, we will issue an appropriate refund to the original payment method.

8. eSIM Delivery, Activation Details, and Single-Device Nature

Delivery: eSIMs are generally delivered immediately within the app after purchase. In the event of a system issue, delivery may be delayed. You will receive the Activation Details needed to install or activate your eSIM and you are responsible for keeping them secure.

Single-Device Use; No Transfer; No Sharing; No Resale: eSIMs and Activation Details are intended for your personal use on a single device. You may not share, sell, transfer, resell, sublicense, or provide Activation Details to any other person or device. Once an eSIM is installed on a device, it generally cannot be transferred to a new device and cannot be reinstalled if removed or deleted. An eSIM can typically be installed only once. If you install, activate, or otherwise use an eSIM such that it becomes Used, it will not be eligible for a refund. You are solely responsible for deciding when to install the eSIM and for safeguarding your device and Activation Details.

No Obligation to Reissue: We have no obligation to reissue, replace, or restore an eSIM if it is removed, deleted, lost, or becomes unusable due to circumstances outside our control (including device resets, device loss, or user error), except where required by applicable law or explicitly stated otherwise in the Service.

9. Data Plans, Validity Period, and Usage

Plans may be offered as limited-data plans (with a fixed amount of data) or as unlimited plans subject to fair-use controls.

Top-Ups for Limited Plans

• If you purchase a limited-data plan, you may be able to purchase additional data ("Top-Up") for the same eSIM without buying a new eSIM. The Top-Up option will be shown in the Service only after the eSIM has consumed at least 1MB of data.
• Unlimited plans are not eligible for Top-Up; if you wish to renew an unlimited plan, you must purchase a new eSIM (unless stated otherwise in the Service).
• Top-Up purchases are final and non-refundable.
• Because we work with multiple eSIM providers, some Top-Ups are applied immediately after purchase, while others are queued and applied only after your current data is consumed and/or the current Validity Period ends. The Service will indicate whether a Top-Up will apply immediately or after your current plan is used or expired; when queued, the new data and new Validity Period will be applied automatically once the prior plan is consumed or expires.
• We may disable the Top-Up option for certain eSIMs or destinations if we experience technical difficulties or operational constraints.

Unlimited Plans; Fair Use

If a plan is presented as unlimited in the Service, it is subject to fair use. You may use up to 1GB at the fastest available speed in each 24-hour period. After you exceed 1GB within that period, you may continue to use data without a hard cap, but your speed will be limited to 1.25 Mbps until the 24-hour period resets. The 24-hour cycle begins from the first use of the eSIM (when it first connects to the network and uses data).

When Validity Starts

Depending on the plan, the Validity Period and/or usage counting may begin upon the plan's first connection to the local network or upon installation or activation, as specified in the plan details shown in the Service.

Data Usage Reporting Is Not Real-Time

Any data usage or remaining-balance information shown in the Service is provided for convenience and is not guaranteed to be real-time. Usage display may be delayed and may take up to 3 hours to reflect actual consumption. In case of any discrepancy, network and carrier records (or our connectivity partner's records) will be considered authoritative.

Activation/Use Windows

Some plans may require installation or activation within a specified time window as shown in the Service. You are responsible for reviewing plan details (including validity, activation timing, and coverage) before purchase and installation.

179-Day Installation/Activation Deadline: Unless otherwise stated in the Service, you must install or activate an eSIM within 179 days of purchase. If you do not install or activate within 179 days, the eSIM will expire, become invalid, and may no longer be installed or used, and it will not be eligible for a refund. Network performance and availability are not guaranteed and may vary by location, device, and local carrier conditions.

10. Refund Policy

Refunds are available only for eSIMs that are Unused, subject to specific terms and conditions.

For full details on our refund policy, including eligibility requirements, timeframes, and how to request a refund, please visit our Refund Policy page.

11. Availability, Export Controls, and U.S. Sanctions

Compliance: You may purchase and use the Service only where it is lawful to do so. The Service may be unavailable or restricted in certain locations due to legal, regulatory, carrier, or operational constraints.

Export Controls and Sanctions: You represent and warrant that you are not (a) located in, ordinarily resident in, or organized under the laws of any country or territory subject to U.S. sanctions; (b) listed on, or owned or controlled by a person listed on, any U.S. restricted or denied parties list; and (c) using the Service for any prohibited end use. We may suspend, terminate, or restrict access to the Service to comply with applicable export controls, sanctions, or other legal requirements.

12. Prohibited Uses

You may not, and may not attempt to:

• Use the Service for unlawful, fraudulent, or abusive purposes.
• Interfere with or disrupt the Service or its security features.
• Reverse engineer, decompile, or attempt to extract source code (except where prohibited by law).
• Access or collect data from the Service using automated means (scraping or bots) without our permission.
• Resell, sublicense, or commercially exploit the Service or eSIMs without our prior written authorization.
• Introduce malware, abuse the Service, or attempt to bypass usage controls.

We may suspend or terminate accounts involved in prohibited uses.

13. Intellectual Property

The Service, including software, UI, branding, and associated content (excluding third-party marks), is owned by the Company or its licensors and is protected by intellectual property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose, subject to these Terms.

14. Network Providers; No Carrier Relationship

We are not a mobile network operator or telecommunications carrier. Connectivity is provided through third-party network partners and local carriers. Coverage, speed, latency, and availability depend on factors outside our control. We do not guarantee that connectivity will be available at all times or in all locations.

15. Third-Party Services

The Service may integrate or rely on third-party services (for example payment processing, identity providers, network partners). We do not control third parties and are not responsible for their acts, omissions, or services. Your use of third-party services may be governed by their terms.

16. App Store Terms

If you download the Service from an app store, you acknowledge that these Terms are between you and the Company, not the app store operator. The app store operator has no obligation to provide maintenance or support for the Service and, to the extent permitted by applicable law, is not responsible for any claims relating to the Service.

17. Disclaimers

The Service and eSIMs are provided "AS IS" and "AS AVAILABLE." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that connectivity will be uninterrupted, secure, or error-free; that speeds, coverage, or performance will meet your expectations everywhere; or that the Service will be compatible with every device, OS version, or carrier environment.

18. Limitation of Liability

To the maximum extent permitted by law, the Company will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or business opportunities arising out of or related to your use of the Service or any eSIM. Our total liability for any claim related to a specific Order will not exceed the total amount you paid for the Order that is the subject of the claim. Nothing in these Terms limits liability to the extent it cannot be limited under applicable law.

19. Indemnification

You agree to indemnify and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use or misuse of the Service, your violation of these Terms, or your violation of any law or third-party rights.

20. Electronic Communications; Notices

By using the Service, you consent to receive communications from us electronically, including notices, disclosures, and updates. We may provide notices by email, in-app messages, push notifications, or by posting within the Service. Push notifications may include support message replies, data usage alerts, order confirmations, and eSIM activation updates. You can manage push notification preferences through your device settings at any time. Notices are effective when sent or posted. For legal notices to the Company, you may contact support at [email protected] and/or send written notice to our address listed above. We may update our contact details by posting an update in the Service.

21. Suspension and Termination

We may suspend or terminate your access to the Service at any time if we reasonably believe you violated these Terms, engaged in fraud or abuse, or created risk or legal exposure for the Company or others. You may stop using the Service at any time. Sections that by their nature should survive (including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Dispute Terms) will survive termination.

22. Customer Support

Customer support is available seven (7) days a week. We aim to respond to support inquiries within 48 hours, though response times may vary based on volume and complexity.

Communications with our support team — whether through the in-app live chat or via email — may be shared with third-party service providers for the purpose of processing and resolving your request. You should not disclose confidential, sensitive, or highly personal information (such as government-issued ID numbers, financial account details, or passwords) through support channels unless specifically requested and necessary to resolve your inquiry.

23. Privacy

Our privacy practices are described in our Privacy Policy, which is incorporated by reference. If you have privacy-related questions, contact support at [email protected].

24. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice through the Service or other reasonable means. Your continued use of the Service after changes become effective means you accept the updated Terms.

25. Force Majeure

We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including network outages, carrier interruptions, governmental actions, regulatory changes, internet failures, acts of God, natural disasters, labor disputes, or security incidents.

26. Consumer Rights

Nothing in these Terms excludes or limits any consumer rights that cannot be excluded or limited under applicable law. If you are a consumer in a jurisdiction that provides mandatory rights, those rights will apply to the extent required.

27. Governing Law, Venue, and Informal Dispute Resolution

These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-laws rules.

Informal Dispute Resolution: Before filing a claim in court, you agree to first contact us and attempt to resolve the dispute informally by emailing [email protected] with your name, account email, Order ID (if applicable), a brief description of the dispute, and the relief you seek. We will attempt to resolve the dispute within thirty (30) days of receiving your notice. If we cannot resolve the dispute within that period, either party may pursue a claim in the courts specified below, subject to applicable law.

You agree that any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state courts located in Sheridan County, Wyoming, or the federal courts located in the District of Wyoming, and you consent to the personal jurisdiction of those courts.

28. Relationship of the Parties; No Third-Party Beneficiaries

Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and the Company. Except as required by law, there are no third-party beneficiaries to these Terms.

29. Miscellaneous

• Severability: If any provision is found unenforceable, the remaining provisions will remain in effect.
• No Waiver: Failure to enforce any right is not a waiver of that right.
• Assignment: You may not assign these Terms without our prior written consent. We may assign our rights and obligations in connection with a merger, acquisition, sale of assets, or by operation of law.
• Entire Agreement: These Terms (and any policies incorporated by reference) constitute the entire agreement between you and the Company regarding the Service.
• Language; Translations: These Terms are written in English. Any translations are provided for convenience only. In the event of any conflict between the English version and a translated version, the English version will control to the maximum extent permitted by law.
• Feedback: If you provide suggestions, ideas, or feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate them without compensation or obligation to you.

30. Contact

If you have questions about these Terms, contact [email protected].