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TERMS AND CONDITIONS FOR THE PROVISION OF MOBILE DATA TRANSMISSION SERVICES

Effective as of March 3, 2025

§ 1 DEFINITIONS

  1. Service – Mobile data transmission in various countries via an e-SIM card provided by Fonia Telecom Sp. z o.o. (the ‘Operator’). The Service may be embedded in various types of devices (the ‘Device’), including laptops, tablets, mobile phones, and cars with internet connectivity. For more information about the Service, please contact Customer Service at fonia.travel. The Service is intended for browsing websites, email, and transmitting and receiving content from the Internet.
  2. Activation – The commencement of telecommunications services by the Operator.
  3. License – A revocable, non-exclusive, non-transferable, and non-sublicensable license to use the Service. The License cannot be transferred to another device.
  4. Fonia Travel – A website under the name Fonia.Travel (the ‘Website’) through which the Client can activate the Service and top up a data transmission plan.
  5. Data Transmission Plan (DTP) – A prepaid cellular data plan assigned for a fixed period, enabling the User’s Device to connect to the Internet.
  6. Order Form – An online form available on the Website that allows the Client to order an eSIM and conclude the Agreement.
  7. eSIM– A digital card preloaded with a Data Transmission Plan (DTP), which, upon purchase, is sent to the Client via email in the form of a QR code and subsequently activated on the Device. The eSIM remains the property of the Operator.
  8. Client – An entity that is a party to the Agreement for the provision of the Service.
  9. Customer Service – The department of the Operator responsible for providing the Client with necessary support for the execution of the Agreement.
  10. Offer – A list of available Data Transmission Plans via eSIM, detailing the data allowance, duration, and geographic coverage, which Users may purchase through the Service. The Operator’s Offer includes Data Transmission Plans in regions listed on the Website, noting that availability may change periodically and depends on the User’s current country of residence.
  11. Operator – Fonia Telecom sp. z o.o., based in Warsaw, ul. Twarda 18, 00-105 Warsaw, registered in the National Court Register under KRS: 0000890861, NIP: 1133031081, REGON: 388645503. The company is a telecommunications provider in accordance with the Electronic Communications Law of July 12, 2024. The Operator has entered into agreements with supporting carriers, granting access to mobile networks worldwide.
  12. Regulations – These Regulations define the rights and obligations of the Client and the Operator.
  13. Service – The online service or Website, available at Fonia.Travel, operated by the Operator, through which the Agreement is concluded.
  14. Agreement – A contract for the provision of mobile telecommunications data transmission services, concluded through the Client’s acceptance of these Regulations, defining the rights and obligations of both the Client and the Operator.
  15. Mobile Device – The Client’s mobile device used for data transmission and other telecommunications services, compatible with eSIM and mobile internet services, and not used for machine traffic.

§ 2 GENERAL PROVISIONS

  1. The Operator declares that it has obtained authorization from the Office of Electronic Communications to provide mobile data transmission services.
  2. These Regulations define the rules for concluding an Agreement with the Operator and the conditions for providing the Service.
  3. The Client is required to read and accept these Regulations in order to conclude the Agreement and start using the Service.
  4. The current Regulations and Service Offer are available on the Website Fonia.Travel.
  5. Announcements, advertisements, price lists, and other information presented on the Fonia.Travel Website should be understood as an invitation to conclude an Agreement, in accordance with Article 71 of the Civil Code.

§ 3 SERVICES PROVIDED BY THE OPERATOR

  1. Through the Fonia.Travel Website, the Client may enter into an Agreement with the Operator.
  2. Under the Agreement, the Operator offers
    • mobile data transmission in a country selected by the Client.
    • countries where the Client may use a DTP are listed in the Offers available on the Fonia.Travel Website. Available offers may change periodically.
  3. The Client may register on the Fonia.Travel application to monitor whether their DTP remains valid, meaning whether it has not been exhausted or expired.
  4. The Operator may send marketing and commercial content via SMS or email in accordance with the Privacy Policy.

§ 4 CONCLUSION OF THE AGREEMENT

  1. The Agreement may be concluded with a single Client, and the Service may be provided on only one Client Device where the eSIM has been activated.
  2. The Client concludes the Agreement with the Operator by accepting these Regulations, making payment via the payment tools available on the Website, and then activating their Data Transmission Plan (DTP).
  3. The Agreement remains valid as long as the Client has a valid DTP, meaning it has not been exhausted or expired and is active in the country where the Client is currently located.
  4. The Agreement is concluded via the Fonia.Travel Website.
  5. To conclude the Agreement, the Client must complete the Order Form available on the Fonia.Travel Website and make a prepayment, which is a one-time fee for the selected Data Transmission Plan (DTP).
  6. A confirmation of the order submission and its acceptance for processing will be sent to the Client by the Operator via email to the address provided in the Order Form.
  7. The Client may make payments via an external payment platform.
  8. The Operator will send the activation code for the Service via email to the Client’s provided address within 24 hours.

§ 5 PROVISION OF SERVICE

  1. Service activation begins when the Client scans the QR code or enters the alphanumeric code sent by the Operator via email after purchase into their eSIM system settings.
  2. The Operator completes activation within one hour after the Client scans the QR code or enters the alphanumeric code.
  3. The Operator can only provide the Service if the DTP is valid in the country where the Client is currently located.
  4. The eSIM Data Transmission Plans remain valid for 6 months from the date of purchase.

§ 6 FEES

  1. The cost of the Service (DTP) is defined in the Offer available on the Fonia.Travel Website and depends on the selected country and the size of the chosen DTP.
  2. The Service is available exclusively on a prepaid basis.
  3. The payment date is considered the date the funds are credited to the Operator’s bank account as indicated on the e-invoice.
  4. If the Client exhausts their DTP, their Internet access will be automatically suspended, but they may recharge their account with an additional DTP package via the Fonia.Travel application.
  5. The Client’s DTP will be charged based on actual data usage.
  6. Since the Client may only use the DTP on the device where the Service was activated, any remaining data allowance does not entitle the Client to a cash refund for the unused limit.
  7. The Operator will not inform Clients of updates or changes in the Offer except for changes required by applicable law.

§ 7 CUSTOMER SUPPORT

  1. The Operator provides customer support for the Services.
  2. Customer support includes, in particular, access to information, handling inquiries, and complaints.
  3. For assistance, the Client should contact the Operator electronically at hello@fonia.app or by phone at +48 729 763 002.
  4. The Operator reserves the right to request additional information and documents if necessary for handling the case.
  5. The Operator communicates with the Client electronically, by phone, or in writing. Unless otherwise required by the Regulations or applicable law, the primary communication method is email.

§ 8 eSIM CARD

  1. The eSIM card does not have a PIN code. The Client is responsible for protecting and controlling access to their eSIM card. The Operator is not liable for any consequences arising from the use of the eSIM card or the Application by third parties.
  2. The eSIM card is assigned to the device where it was first activated, and the Client is responsible for any fraudulent use of the eSIM card.
  3. If the Client suspects unauthorized use of their eSIM card, they must immediately inform the Operator by contacting hello@fonia.app so the Operator can implement appropriate modifications to the Client’s account.
  4. The Operator is not responsible for any consequences resulting from the use of the eSIM card by third parties until the eSIM card is deactivated.
  5. In case of a request as mentioned above, the Operator has the right to verify the Client’s identity. If the Client is a business entity, the Operator may request additional documentation proving authorization to act on behalf of the business.

§ 9 CLIENT OBLIGATIONS AND RESPONSIBILITIES

  1. The Client is required to notify the Operator of any changes to the data provided when concluding the Agreement. This information should be communicated via email at hello@fonia.app.
  2. If the Client provides incorrect or outdated information, the Operator has the right to suspend the provision of the Service and condition further performance of the Agreement on the Client providing updated data.
  3. The Client is required to comply with these Regulations.
  4. The Client may use the eSIM card only on the device where it was activated. If the Client violates this condition, the Operator has the right to suspend the provision of the Services. The Operator will inform the Client of the suspension and the reasons for it. The Services will be reinstated once the violation ceases.
  5. The Client must check the compatibility of their device with the eSIM card.
  6. Under the risk of suspension and/or immediate termination of the Agreement by the Operator, the Client is prohibited from:
    • Disrupting the operation of telecommunications networks and devices connected to those networks.
    • Distributing unlawful content, particularly content infringing personal rights, copyrights, or related rights (e.g., illegal software or audiovisual files).
    • Using the eSIM card with an adapter or a stolen telecommunications device.
    • Using adapters that connect to the Operator’s network or another telecommunications network and directing or modifying messages, calls, or signals from other networks.
    • Routing telecommunications traffic from other networks into the Operator’s network without the Operator’s consent.
    • Allowing third parties or other entities to access the Services or network for financial gain.
    • Providing telecommunications services using the eSIM card or reselling the eSIM card.
    • Acting to the detriment of the Operator or third parties.
    • Sending unsolicited commercial communications (spam) or mass-distributing other content.
    • Generating artificial telecommunications traffic in the network, particularly traffic aimed at registering connections for financial gain.
    • Using the eSIM card for telemetry solutions transmitting information from/to measurement, remote control, or alarm systems, including monitoring systems for people, buildings, vehicles, or additional transmitted/received information.
    • Conducting any other activities inconsistent with these Regulations or applicable law.
  7. In the cases mentioned above, the Operator has the right to:
    • Notify relevant authorities as required by applicable laws.
    • Suspend, restrict, or cancel access to the Service without prior notice.
  8. The Client is responsible for any damages caused to the Operator or third parties due to the Client’s violation of the Agreement.

§ 10 OPERATOR OBLIGATIONS AND RESPONSIBILITIES

  1. The Operator does not provide the Client with a phone number or the ability to make or receive voice calls, including calls to 112 and other emergency numbers, or to send or receive SMS and MMS messages.
  2. The Operator is obligated to provide the Service with due diligence; however, factors beyond the Operator’s control may affect the availability and quality of the Service, such as physical obstacles, weather conditions, and failures in the mobile network (including failures in infrastructure, software, or equipment used by mobile network operators).
  3. Additionally, the Operator and its mobile network partners (entities operating mobile Internet networks that own or control the infrastructure necessary for the provision of mobile Internet services) must conduct maintenance and modernization work, which may impact Service availability and/or quality.
  4. The Operator is not responsible for the non-performance or improper performance of the Agreement if caused by factors beyond the Operator’s control, particularly:
    • Interruptions and disruptions caused by force majeure events.
    • Circumstances arising from legal provisions or binding governmental decisions.
    • Circumstances resulting from Client misconduct.
  5. The Operator is not responsible for the technical condition of the Client’s mobile device.
  6. The Operator does not guarantee the accuracy, completeness, reliability, or continuous availability of content or information accessed by the Client through the Service.
  7. The Client is responsible for protecting their device with appropriate antivirus software.
  8. The Operator is not obligated to assist with configuring the Client’s mobile device for the Service. If the Client’s phone is locked by another operator, they should contact their original operator to request unlocking using the device’s IMEI number.
  9. The Operator is not responsible for content transmitted or received by the Client using the Service.

§ 11 TERMINATION OF SERVICE BY THE OPERATOR

  1. The Operator may cease providing the Service by disconnecting the Client’s Service and/or eSIM card without prior notice if:
    • Required by a government or emergency service organization or any other competent authority.
    • Necessary for repairs, maintenance, operational reasons, or security concerns.
    • The Operator has reasonable grounds to suspect that the Client has violated the Agreement.
    • The Operator learns that the Client’s eSIM card has been stolen.
    • The Client is using the Service in violation of applicable laws.
    • The Client has not used the Service within six months of purchasing the eSIM card.
    • The Client has used the eSIM card in a different device than the one where activation took place.

§ 12 EXPIRATION OF THE CUSTOMER’S RIGHT TO WITHDRAW FROM THE AGREEMENT

  1. Due to the nature of the activation code, which, as a unique QR code or alphanumeric string, cannot be returned by the Client after activation, the Service is fully performed by the Operator through the delivery of the activation code, exclusively upon receiving the Client’s request for immediate execution of the Service. The Service is fully executed immediately upon the Operator receiving an authorization communication from the Client’s payment instrument provider, preceded by the request mentioned in the first sentence.
  2. The Client submits the statement requesting immediate execution of the Service through the Website.
  3. If, at the Client’s request, the Service has been fully performed by the Operator through the provision of the activation code, the Client loses the right to withdraw from the Agreement.

§ 13 REFUND POLICY

  1. A refund for an eSIM card purchased through the Fonia.Travel website is only possible if the Client has not activated the QR code or the alphanumeric code.
  2. The exchange of a Data Transmission Plan (DTP) or its transfer to another Client account is not possible.
  3. If the QR code has been scanned, the refund request will be rejected.
  4. A refund request can be initiated by contacting customer support via the online form within 14 days from the date of purchase of the Service.
  5. Upon receipt of a correctly completed request, the Client will receive confirmation of its submission, and the refund will be processed within 10 business days using the original payment method used for the purchase of the Service.

§ 14 COMPLAINTS

  1. Complaints regarding irregularities in the performance of the Agreement and the provision of Services by the Operator should be submitted via email to hello@fonia.app.
  2. A complaint should include: the Client’s email address, information about the Service, a description and date of the irregularity, and the Client’s request.
  3. If the complaint data or information requires supplementation, the Operator will request the complainant to provide the missing details before processing the complaint.
  4. The Operator undertakes to review a complaint submitted by the Client within 30 days from the date of its submission or from the Client’s supplementation of missing information. If the Operator does not respond to the complaint within this period, the complaint is deemed justified.
  5. If customer support confirms the validity of the complaint, a refund will be processed within 10 business days using the original payment method used for the purchase of the Service.
  6. The complaint procedure does not exclude the Client’s rights under applicable law.
  7. The Client has the right to file a lawsuit against the Operator in a common court. The competent court for resolving the Client’s claims against the Operator arising from these Regulations shall be the court designated according to the provisions of the Code of Civil Procedure (in principle, the court competent for the Operator’s registered office address).

§ 15 PROCESSING OF PERSONAL DATA

  1. The Operator is the Administrator of the Clients’ personal data.
  2. The Operator, as the Administrator, processes personal data in accordance with the provisions of: Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation – GDPR), The Polish Personal Data Protection Act of May 10, 2018 (Journal of Laws 2019, item 1781), Other applicable legal provisions regarding personal data protection.
  3. All detailed rules regarding the processing of personal data, including the purposes and legal grounds for processing and the rights of Clients as data subjects, are outlined in the Privacy Policy.

§ 16 FINAL PROVISIONS

  1. The Operator reserves the right to introduce changes and updates to these Regulations at any time.
  2. Changes to the Regulations may be introduced in the following cases:
    • The introduction of new Services.
    • The introduction of new functionalities or new methods of contacting the Operator.
    • Changes in legal regulations or official decisions by the President of the Office of Electronic Communications (UKE) or another state authority requiring adjustments to the Regulations.
    • The need to remove unlawful clauses.
    • Actions or omissions beyond FONIA TELECOM’s control, including changes by third-party service providers essential for delivering services to Clients, especially in cases where such providers cease their business operations.
  3. Any disputes between the Operator and the Client—provided both parties agree—shall be resolved amicably or through an independent and impartial mediator.
  4. A Client who is a consumer may use out-of-court dispute resolution methods as defined by the Act of September 23, 2016, on out-of-court resolution of consumer disputes. The entity authorized to conduct such proceedings is the President of the Office of Electronic Communications (UKE). (Contact details for UKE: Address: Giełdowa 7/9, 01-211 Warsaw, Poland; Website: https://uke.gov.pl/kontakt/; Email: kontakt@uke.gov.pl).
  5. If an amicable resolution is not possible, disputes shall be resolved by the court competent for the Operator’s registered office, unless the Client is a consumer, in which case the general jurisdiction rules shall apply.
  6. In matters not regulated by these Regulations, applicable legal provisions shall apply, including in particular: The Act on Electronic Communications, The Civil Code, Data protection laws.
  7. The Client may not transfer their rights and obligations under this Agreement without the prior written consent of the Operator.
  8. If any provision of these Regulations is deemed invalid, unlawful, or unenforceable, the remaining provisions shall remain in force.