Terms of service - Fonia Travel

MOBILE DATA CONTRACT

of 27/05/2024

§ 1 DEFINITIONS:

Service – mobile data transmission in various countries through an e-SIM card offered by Fonia Telecom Sp. z o.o. (the “Operator”). The Services may be embedded in various types of devices (the “Device”), including a laptop, tablet, phone, car with Internet connectivity. For more information about the Service, please contact Customer Service at fonia.travel. The service is designed for web browsing, email, uploading and downloading content from the Internet.
Activation – commencement of the provision of telecommunications services by the Operator.
License – to use the Service, which is revocable, non-exclusive, non-sublicensable. The license cannot be transferred to another device.
Application – a mobile application under the name Fonia.Travel (the “Application”), designed to be installed on a Mobile Device with Android (excluding Android GO) or iOS operating systems, through which the Client may activate the Service and top up the data transmission plan.
Data Plan (“PTD”) – a prepaid cellular data plan, assigned for a limited period of time, to connect your Device to the Internet.
Order Form – a form available in the Application, which allows you to order an eSIM and conclude an Agreement.
eSIM – is not a physical card, but a digital card with a loaded PTD, which is received by e-mail after purchase, in the form of a QR code, and then activated on the Device. eSIM is the property of the Operator.
Client – an entity that is a party to the Service Agreement.
Maintenance Service – a department of the Operator’s company, the task of which is to provide the Client with support necessary for the realization of the Agreement.
Offer – the offer of providing the Service is available on the website Fonia.Travel

Any offers and promotions may be subject to additional terms and conditions, which may be updated from time to time.

Operator – Fonia Telecom sp. z o.o. with its registered office in Warsaw, 18 Twarda Street, 00-105 Warsaw, entered into the Register of Entrepreneurs of the National Court Register, kept by the District Court for the city of Warsaw in Warsaw, XIV Commercial Division of the National Court Register, under KRS number: 0000890861, NIP: 1133031081, REGON: 388645503, being a telecommunications entrepreneur in accordance with the Act of 16 July 2004 Telecommunications Law. The Operator entered into an agreement with the Supporting Operator, through which it gained access to mobile networks around the world. When providing the Service, the Operator does not provide the Customer with a telephone number, nor the ability to make or receive voice phone calls (including calls to 911 and other emergency numbers), or to send or receive SMS or MMS messages.

Website – the website available at Fonia.Travel run by the Operator, through which the Agreement is concluded.
Providing personal data (“personal data”) – necessary for the purchase and activation of e-SIM,
Agreement – a contract for the provision of the Service, containing the general terms and conditions of the Service, and provisions regarding the protection of personal data (the “Agreement”), will commence at the time the Customer starts using the Service. The service is sold on a prepaid basis only. Payment for the Service and subsequent registration and commencement of use of the Service confirms the conclusion of the AGREEMENT and the User’s unconditional acceptance of the terms and conditions set forth in this Agreement.
Mobile Device – the Customer’s mobile device used to perform data transmission and other telecommunications services, intended for the use of the eSIM card and mobile Internet services, not used for machine operation, with a certificate of approval and a certificate of compliance with the essential requirements, issued by an authorized body.

§ 2 GENERAL PROVISIONS

The Operator declares that it has a permit from the Office of Electronic Communications to provide the Mobile Data Transmission Service.
This Agreement specifies the rules of concluding the Agreement with the Operator and the rules of providing the Service by the Operator. The Operator may introduce separate Agreements for the Services provided by the Operator, in particular those related to promotional campaigns.
The Client is obliged to read this Agreement and accept its provisions before concluding the Agreement, i.e. starting to use the Service.
The Binding Agreement and the Service Offer are made available on the Website Fonia.Travel.
Announcements, advertisements, price lists and other information provided on the Fonia.Travel Website should be understood as an invitation to conclude the Agreement in accordance with Article 71 of the Civil Code.
The provisions of this Agreement are not intended to exclude or limit any rights of the Client who is a Consumer, to which he is entitled under generally applicable law, including in particular the provisions of the Act, the Civil Code and the Act of 30 May 2014 on consumer rights. In the event of any inconsistency of this Agreement with the provisions of this section, those provisions shall prevail.

§ 3 SERVICES PROVIDED BY THE OPERATOR

Through the Fonia.Travel Service the Client may conclude an Agreement with the Operator.
Within the framework of the Agreement, the Operator offers:
a) mobile data transmission in about 120 countries around the world.
b) The countries in which the Client can use PTD are listed in the offers available on the Fonia.Travel website. Available offers may change from time to time and depend on the country in which you are currently located.
The customer can register in the Fonia.Travel application to be able to check on an ongoing basis whether their PTD is valid, i.e. whether it has not been exhausted or expired. The Operator may send marketing and commercial content via notifications in the Application, SMS messages or e-mails, in accordance with the Privacy Policy.

§ 4 CONCLUSION OF THE AGREEMENT

A party to the Agreement may be one Customer, and the Service may be provided on one Customer Device on which the e-SIM card has been activated.
The Client enters into the Agreement by activating its data transmission plan (PTD).
The Agreement is valid when the Client has a valid PTD, i.e. inexhaustible, unexpired and valid in the country in which the Client is currently staying.
The Client who is the Entrepreneur concludes the Agreement personally, through a person authorized to represent him or through a duly authorized attorney. Prior to concluding Agreement, the Operator has the right to demand from the person concluding the Agreement documents proving the correct representation or correct authorization of the proxy.
The Operator reserves the right to verify identity by means of electronic contact, without giving a reason, under pain of termination of the agreement.
The Operator may refuse to conclude the Agreement if:
a) The Client does not pass the identity verification process referred to in point 3 of this paragraph or the person acting on their behalf does not demonstrate proper authorization/representation,
The Agreement is concluded via the Fonia.Travel Website.
In order to conclude the Agreement, the Client should fill in the Order Form available on the Website Fonia.Travel and make a prepayment, which is a one-time fee for the selected data transmission plan (PTD).
Confirmation of placing and accepting the order for execution will be sent to the Client by the Operator in the form of an e-mail message to the address indicated in the Order Form.
The Agreement is concluded at the time of activation of the Service.
The customer can make a payment through an external payment platform.
The Operator sends an activation code of the Service via e-mail to the address indicated by the Client in the Order Form within 24 hours.

§ 5 PROVISION OF THE SERVICE

The commencement of the provision of the Service commences when the Client scans the QR code or enters the alphanumeric code sent by the Operator by e-mail after purchase in the eSIM system settings of Client’s device, sent by the Operator via e-mail after the purchase.
The Operator performs the Activation within one hour from the date of scanning the QR code or entering the alphanumeric code by the Client.
The provision of the Service is possible by the Operator only if PTD is valid in the country in which the Client currently resides.
eSIM code data plans are valid for 6 months from the date of purchase.

§ 6 Fees

The amount of the fee for the Service, i.e. a valid PTD, is determined by the Offer available on the Fonia.Travel website, and depends on the choice of the country in which the Service is to be provided and the size of the selected PTD.
The purchase of the Service is only on a pre-payment basis.
The day of payment shall be the day of receipt of the amount due on the bank account of the Operator, indicated on the e-invoice.
When the Customer exhausts the PTD, their Internet access will be automatically suspended, but the Customer will be able to top up their account with another PTD package, through the Fonia.Travel application.
The Customer’s PTD will be charged for the use of the Service, in accordance with the used data limit.
Since the Client may use the PTD only on the device on which the Service has been activated, the remaining limit does not entitle the Client to apply for a cash refund for the unused limit.
The Operator will not notify you of any changes in the fees for the Service except as required by applicable law.

§ 7 SERVICING

The Operator provides maintenance of the Services provided.
Maintenance service includes in particular: access to information, handling inquiries and complaints, service service.
In order to obtain assistance, the Client must contact the Operator via the email address: hello@fonia.app.
The Operator reserves the right to request additional information and documents, if they are required to settle the matter.

§ 8 eSIM

The eSIM does not have a PIN code. The customer is responsible for protecting and controlling access to their eSIM. The Operator is not responsible for the consequences resulting from the use of the eSIM card or the Application by third parties.
The eSIM is assigned to the owner of the device on which it was first activated, and the Customer is responsible for fraudulent use of the eSIM.
If the Customer believes that their eSIM is being used in an unauthorized manner, they must immediately inform the Operator by contacting the hello@fonia.app email address so that the Operator can make appropriate modifications to the Customer’s account
The operator is not responsible for the consequences resulting from the use of the eSIM by third parties until the eSIM card is deactivated.
In case of submission of the application referred to in the previous clause, the Operator is entitled to re-verify the identity of the Client. In case of Clients who are Entrepreneurs, the Operator has the right to demand in the email correspondence the submission of documents proving the authorization to act on behalf of the Entrepreneur.

§ 9 OBLIGATIONS AND RESPONSIBILITIES OF THE CLIENT

The Client is obliged to inform the Operator of each change of data indicated during the conclusion of the Agreement. Information can be provided by contacting the e-mail address hello@fonia.app.
In case of providing incorrect or outdated data by the Client, the Operator has the right to block the possibility of using the Service and make further execution of the Agreement dependent on the submission of current data by the Client.
The Client shall comply with the provisions of this Agreement.
The customer may only use the eSIM on the device on which the eSIM has been activated. In case of breaching by the Client of the provisions indicated in the preceding sentence, the Operator shall have the right to suspend the provision of Services. The Operator will inform the Client about the suspension of the provision of Services and about the reasons for such suspension. The Services will be suspended when the violations of the Agreement cease.
The customer is responsible for checking the compatibility of their Device with the eSIM.
Under pain of suspension and/or termination of the Agreement by the Operator with immediate effect, the Client is forbidden to undertake any actions which violate the provisions of the Agreement or the law in force, in particular:
a) disrupt the operation of networks and active devices connected to these networks,
b) disseminating content that is inconsistent with Polish and international law, in particular infringing personal rights, copyrights or related rights (e.g. illegal software or audiovisual files,
c) use an eSIM card with the use of an adapter or telecommunications device stolen or without the required approval or certificate,
d) use adapters that enable connection to the network operated by the Operator or another telecommunications network and directing or modifying messages, telephone calls or signals from other telecommunications networks to it,
e) directing telecommunications traffic from other telecommunications networks to the network without the consent of the Operator,
f) providing access to the Services or networks to third parties or other entities for financial gain;
g) providing own telecommunications services using eSIM and further resale of the eSIM card,
h) acting to the detriment of the Operator or third parties,
i) sending unsolicited commercial information (spam) or sending marketing content in bulk or sending information about current events or event forecasts to a larger audience,
j) generation of artificial telecommunications traffic in the Network, i.e. in particular traffic consisting in sending or receiving messages in the telecommunications network with the use of telecommunications equipment or programs, the purpose of which is not to use the telecommunications service, but to register them at the point of connection of telecommunications networks or by billing systems,
k) use the eSIM card without the Operator’s consent for telemetry solutions consisting in sending information from/to measurement, remote control, alarm systems, including monitoring systems for people, buildings, vehicles, as well as additional information sent/received by these systems,
l) perform other activities inconsistent with the Agreement or applicable law.
In the cases referred to in the previous clause, the Operator has the right to:
a) notify the competent services, in accordance with the procedures provided for by the generally applicable provisions of law,
b) suspend, restrict or cancel the use of the Service provided without notice to the Client.
The Client bears responsibility for any damages which he caused to the Operator or to third parties as a breach of the provisions of the Agreement.
If the Client is a minor, i.e. under 18 years of age, his/her parent or legal guardian is obliged to read this Agreement and agree to comply with it. You agree that you are responsible for paying the fees for using the Service or, if you are under 18 years of age, that you have permission to use the Service from an adult who is your legal guardian and responsible for paying the fees.

§ 10 OBLIGATIONS AND RESPONSIBILITIES OF THE OPERATOR

The Operator does not provide the Customer with a telephone number or the ability to make or receive voice telephone calls, including calls to 112 and other emergency numbers, or to send or receive SMS and MMS messages.
The Operator undertakes to provide the Service with due diligence, however, the availability and quality of the Service may be affected by situations and events beyond the control of the Operator, such as: physical obstacles, weather conditions and failures of the mobile network, including failures of infrastructure, software, hardware enabling mobile operators to operate wireless Internet services. In addition, the Operator and Mobile Operator Partners (any mobile Internet network company that owns or controls all elements necessary to sell and provide mobile Internet services) must carry out any upgrade or maintenance work that may affect the availability and/or quality of the Service provided.
The Operator shall not be liable for non-performance or improper performance of the Agreement, if it occurred as a result of reasons for which the Operator is not responsible, and in particular:
a) for interruptions caused and disturbances caused by Force Majeure,
b) for the form and content disseminated by customers within the network,
c) for loss of data or blocking of Internet services as a result of the spread of the virus,
d) for the consequences of providing third parties with access to the eSIM.
The Operator shall not bear responsibility for the technical condition of Client Mobile Device.
The Operator does not guarantee the accuracy, completeness, reliability or continuity of the content or information contained on any third-party websites or resources accessed by the Client through the Service.
The customer is responsible for protecting their Device with appropriate anti-virus software.
The Operator is exempt from any activities related to the adaptation of the Client’s Mobile Device to receive the provided Services, which means, in particular, that the Client is obliged to configure the Mobile Device on his own. In case your phone is locked by your carrier, you should remember that you can contact the carrier from whom you purchased the device and ask them to remove the lock by providing the IMEI of the device.
The Operator is not responsible for the content sent or received by the User via the Service,

§ 11 TERMINATION/SUSPENSION OF THE AGREEMENT

The Operator has the right to terminate the contract by disconnecting the Service and/or your eSIM without notice if:
a) The Operator if required to do so by the government and/or an emergency services organisation or any other competent or authorised body,
b) for repair or maintenance, or for operational or safety reasons,
c) if there is reasonable cause to suspect that you have breached this Agreement;
d) If the Operator becomes aware that the Customer’s eSIM card has been stolen
e) If your eSIM or Device interferes with the normal operation of the network,
f) If the Client does not use the Services in accordance with applicable laws
g) If the Customer has not used the Service since the acquisition of the eSIM card after 18 months,
h) If the Client has not topped up the account after the expiry of the funds for a longer period of time,
i) If Customer has used an eSIM in a different device than the eSIM activation

§ 12 RETURN POLICY

1. A refund for an eSIM card purchased on the Fonia.Travel service is possible only if the Customer has not scanned the QR code received by e-mail after purchase.
2. Replacement of PTD or their transfer to another Client account is impossible.
3. If the QR code was scanned, the refund request will be denied.
4. You can initiate a refund request by contacting the service team using the online form within 14 days of the date of purchase of the Service.
5. Upon receipt of a correctly completed application, the Client will receive a confirmation of its submission and the refund will be processed within 10 business days using the original payment method used to purchase the Service.

§ 13 COMPLAINTS

Complaints concerning irregularities in the performance of the Agreement and the provision of Services by the Operator should be submitted via e-mail and by contacting the e-mail address hello@fonia.app
The complaint should include: the Client’s data, information about the Service, description and date of finding the irregularities and the Client’s request.
If the data or information provided in the complaint require supplementation, the Operator will ask the complainant to supplement it in the indicated scope before considering the complaint.
The Operator undertakes to consider the complaint submitted by the Client within 30 days from the date of its submission or supplementation by the Client. If the Operator does not respond to the complaint within the specified time limit, it is assumed that the Operator has considered the complaint to be justified.
If the service team confirms that the claim has been approved, the refund will be processed within 10 business days using the original payment method used to purchase the Service.

§ 14 LIMITATION OF LIABILITY AND NO WARRANTIES RELATED TO THE SERVICE PROVIDED

1. The Operator shall not be liable for any damages (except for damages caused by intentional or improper actions of the Operator) exceeding the amount of fees incurred by the Client for the actual use of the Service in the last period of one month.
2. The Operator shall not be liable for any direct, indirect, special, consequential, incidental or any other damages, including loss of profits, revenue, or increased costs, even if such damages were foreseeable or the Operator has been expressly advised of the possibility of such damages, and regardless of how the claim is determined or on what legal basis it is based.
3. The Operator does not provide any warranties, including warranties of title, non-infringement of intellectual property, trade, technical compatibility, or fitness for a particular purpose with respect to any services, products and materials provided in accordance with this Agreement and through this website.
4. The Operator does not warrant that the Service will be uninterrupted or error-free.
5. The Operator does not authorize anyone, including its own employees, Agents, Representatives, to grant any guarantees on its behalf and the Client ought not to rely on such guarantees.
6. The Client is aware and agrees that because the Service is provided over networks beyond the control of the Operator, they are subject to failures, interference, interception, and that the Operator is not responsible for such failures, disruptions or interceptions.
7. The Operator is not responsible for the content of communication sent via the Service.

§ 15 PROCESSING OF PERSONAL DATA

The Operator is the Administrator of personal data of Clients.
The Operator, as the Controller, processes personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), the Act of 10 May 2018 on the protection of personal data (i.e.: Journal of Laws of 2019, item 1781) and other relevant provisions on the protection of personal data.
All detailed rules regarding the processing of personal data, including in particular the purposes and legal grounds for the processing and the rights of Customers as data subjects, are included in the Privacy Policy.

§ 16 FINAL PROVISIONS

The Operator reserves the right to amend this Agreement at any time.
Amendments to the Agreement may be introduced in the event of:
a) introduce new Services,
b) introduction of new functionalities, new ways of contacting the Operator,
c) amendment of the law or issuance of a decision of the President of UKE or other state authority requiring adaptation of the Agreement to the amended regulations or orders resulting from the decision,
d) the need to remove abusive clauses,
e) actions or omissions of entities beyond the control of FONIA TELECOM, from which it purchases services for the purpose of providing them to the Client, in particular consisting in the cessation of business activity.
Any disputes between the Operator and the Client – subject to their mutual consent – shall be resolved amicably or in the presence of an independent and impartial mediator.
A Client who is a Consumer may use out-of-court methods of handling complaints and pursuing claims, as referred to in the Act of 23 September 2016 on Out-of-Court Resolution of Consumer Disputes, and the entity authorized to conduct proceedings on out-of-court resolution of consumer disputes is the President of UKE (Office of Electronic Communications, 7/9 Giełdowa Street, 01-211 Warsaw, https://uke.gov.pl/kontakt/, e-mail kontakt@uke.gov.pl).
In case of lack of possibility of amicable settlement of the dispute, the court competent for settlement of disputes will be the court competent for the headquarters/main establishment of the Operator, and in case of the Client who is a Consumer, the court competent according to general rules.
In matters not covered by this Agreement, the relevant provisions of generally applicable law shall apply, including in particular the provisions of the Act, the Civil Code, and the provisions on the protection of personal data.
The agreement is effective from 27/05/2024.
The Operator has the right to transfer all or part of its rights and obligations under this Agreement and to any entity at any time without notice to the Client. If the Operator does so, it will have no further obligation to you in connection with the transferred obligation.
The Client may not transfer his rights and obligations under the present Agreement without the prior written consent of the Operator.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
The Operator shall not be liable for any delay or failure to perform any part of this Agreement to the extent that such delay or failure to perform is caused by fire, flood, explosion, war, embargo, governmental requirements, civil or military authority, acts of God, or other similar causes beyond the control of the Operator.
Failure by the Operator to exercise any of its rights under this Agreement, following a breach by the Client, or in accordance with any condition, obligation or provision contained in this Agreement shall not be construed as a waiver thereof, nor as a waiver of the same or any other subsequent breach.