Terms and Conditions

Provider and Scope

1.1 These Terms and Conditions ("T&Cs") apply to all contracts concluded between

Avelis Technologies UG (haftungsbeschränkt)
Winterhuder Weg 29
22085 Hamburg, Germany
Email: support@withavelis.com
Managing director: Eyüp Alikilic
Commercial register and VAT ID: not yet issued — see our Legal Notice

– hereinafter "Provider" – and customers through the website withavelis.com (hereinafter "Website") or other digital channels of the Provider.

1.2 Terms and conditions of the customer that deviate from or supplement these T&Cs shall not become part of the contract unless the Provider expressly agrees to them in writing.

1.3 These T&Cs apply equally to consumers (as defined by § 13 BGB) and business customers (§ 14 BGB), unless explicitly differentiated.

Service Description

2.1 The Provider sells digital SIM cards (eSIMs) worldwide, designed as data products for mobile internet use abroad.

2.2 The service offering includes:

• One-time purchases: data packages with a fixed volume and validity period for a specific destination country or region;
• Subscriptions: automatically renewing data plans on a monthly or annual basis;
• Top-ups: subsequent recharging of an existing eSIM with additional data volume or an extended validity period.

2.3 Details regarding available packages, prices, data limits, validity periods, and supported countries are set out in the respective product description on the Website.

2.4 To use the eSIM, the customer requires an eSIM-compatible and network-unlocked device. A list of compatible devices is available on the Website. The Provider does not guarantee compatibility with any specific device.

Formation of Contract

3.1 The presentation of products on the Website does not constitute a binding offer, but an invitation to submit an offer (invitatio ad offerendum).

3.2 The customer submits a binding offer by completing the order process (clicking "Order with obligation to pay" or an equivalent button).

3.3 A contract is formed only upon dispatch of the order confirmation by email. The order confirmation includes a summary of the order as well as the QR code or activation link for the eSIM.

3.4 The Provider reserves the right to refuse a customer's offer without giving reasons, in particular in the event of payment defaults or suspected misuse.

Prices and Payment

4.1 The prices displayed on the Website at the time of the order shall apply. All prices are final prices; VAT is shown separately where applicable.

4.2 The Provider accepts the following payment methods: [e.g. credit card (Visa, Mastercard), PayPal, Apple Pay, Google Pay]. Available payment methods are displayed during the order process.

4.3 For subscriptions, payment is charged upon commencement of the subscription and subsequently automatically at the beginning of each renewal period, unless the subscription has been cancelled in advance.

4.4 In the event of unauthorised chargebacks or payment defaults, the Provider reserves the right to suspend access to the eSIM and to assert claims for dunning costs and other damages.

Delivery and Activation

5.1 The eSIM is provided exclusively in digital form. After successful payment, the customer receives a QR code by email and/or an activation link for installation directly in the browser.

5.2 Delivery usually takes place within a few minutes after receipt of payment. The Provider accepts no liability for delays caused by external service providers (e.g. email providers) or technical disruptions on the customer's side.

5.3 If the customer does not receive the eSIM within 30 minutes, they should first check their spam/junk folder and then contact customer support.

5.4 Each QR code and activation link may only be used once. The customer is responsible for keeping it secure.

5.5 Installation instructions are provided together with the eSIM and are also available on the Website. Device- or operating system-specific particularities are the customer's responsibility.

Subscriptions

6.1 Subscriptions are concluded for an indefinite period or for the minimum term stated on the Website and renew automatically for the respective renewal period (monthly or annually), unless cancelled in time before the end of the current period.

6.2 The customer may cancel the subscription at any time via their customer account on the Website. Cancellation takes effect at the end of the current paid period; amounts already paid will not be refunded, unless a statutory right of withdrawal applies.

6.3 The Provider is entitled to terminate subscriptions with 30 days' notice, in particular if the underlying network product is discontinued or prices increase materially. The customer will be informed in advance in such cases.

6.4 Price changes for current subscriptions will be communicated to the customer at least 30 days before they take effect by email. If the customer does not object within this period, the price change shall be deemed accepted as of the beginning of the next renewal period. In the event of objection, the customer has the right to cancel the subscription by the end of the current period.

Top-Up

7.1 The customer may top up an active eSIM at any time with an additional data package or a validity extension.

7.2 Top-ups are treated as separate one-time purchases and are credited immediately after payment.

7.3 Unused credit from a top-up will generally expire after the validity period stated in the product description, unless otherwise expressly stated.

Right of Withdrawal

8.1 Right of Withdrawal for Consumers

Consumers generally have a statutory right of withdrawal of 14 days. The withdrawal period begins on the day the contract is concluded.

Withdrawal Policy

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which the contract is concluded.

To exercise your right of withdrawal, you must inform us (Avelis Technologies UG (haftungsbeschränkt), Winterhuder Weg 29, 22085 Hamburg, Germany, Email: support@withavelis.com) by means of an unequivocal statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You may use the model withdrawal form below, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (with the exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and not later than fourteen days after the day on which we received the communication about your withdrawal from this contract. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

8.2 Expiry of Right of Withdrawal for Digital Content

The right of withdrawal expires prematurely if the Provider has begun performance of the contract and the consumer has:

• expressly consented to the Provider beginning performance before the expiry of the withdrawal period, AND
• confirmed that they are aware that their right of withdrawal is lost upon commencement of performance.

This consent and confirmation is given by ticking a corresponding checkbox during the order process, before the customer clicks "Order with obligation to pay". Once the QR code has been delivered or the customer has installed the eSIM via the browser activation link, this shall be deemed the commencement of performance. From this point onwards, no right of withdrawal exists.

This does not affect the refund right set out in Section 9 in the event of proven technical errors.

8.3 Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract.)

To: Avelis Technologies UG (haftungsbeschränkt), Winterhuder Weg 29, 22085 Hamburg, Germany, Email: support@withavelis.com

I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service (*):

• Ordered on ()/received on ():
• Name of consumer(s):
• Address of consumer(s):
• Signature of consumer(s) (only if this form is notified on paper):
• Date:

(*) Delete as appropriate.

Refund Policy

9.1 A refund will only be issued in the following cases:

• The eSIM has not yet been activated and the activation link or QR code has not been opened or used. In this case, a full refund is possible.
• The eSIM cannot be installed or used due to a technical error demonstrably attributable to the Provider or its network partners. In this case, a full or partial refund or a replacement product may be offered.
• The right of withdrawal under Section 8.1 is exercised within the deadline and the conditions of Section 8.2 are not met.

9.2 No refund entitlement exists in particular in the following cases:

• The eSIM has been activated and the data volume has been used in whole or in part;
• The eSIM is unusable due to an incompatible or locked device, despite the Provider having made relevant guidance available on the Website;
• Network issues that are exclusively attributable to the local network partner in the destination country and are outside the Provider's control;
• The customer has not followed the installation instructions;
• Top-up products that have already been credited to the customer account.

9.3 Refund requests must be submitted within 30 days of the occurrence of the issue by email to support@withavelis.com and must include a description of the problem and relevant evidence.

9.4 Refunds will be processed via the same payment method used for the original purchase, unless otherwise agreed.

Customer Obligations

10.1 The customer is obliged to use the eSIM exclusively for personal, non-commercial data exchange, unless otherwise expressly agreed.

10.2 The following are prohibited in particular:

• Passing on or reselling the eSIM or activation code to third parties;
• Using the eSIM for fraudulent, unlawful, or network-damaging purposes;
• Operating automated scripts, bots, or data mining applications via the eSIM connection;
• Commercial use (e.g. as a hotspot for commercial purposes), unless separately agreed;
• Misuse of voucher, discount, or loyalty programmes by creating fake user accounts or using fictitious identities.

10.3 In the event of a breach of these usage obligations, the Provider is entitled to block the service without prior notice and to assert claims for damages.

Network Availability

11.1 The Provider cooperates with local network partners in the respective destination country. Network coverage and quality may vary depending on location, device, and network load.

11.2 The Provider does not guarantee uninterrupted network availability. Interruptions may occur in particular due to: maintenance work by network partners, overload, force majeure, regulatory restrictions in the destination country, or technical limitations of the end device.

11.3 For data packages labelled "unlimited", network partners reserve the right to reduce transmission speeds after a fair use limit has been reached. The applicable fair use limit is stated in the product description.

11.4 The Provider is not responsible for roaming charges incurred because the customer has failed to deactivate the data roaming function of their primary SIM card.

Warranty and Liability

12.1 Statutory warranty rights apply. For consumers, the warranty period for digital products is two years from the date the contract is concluded.

12.2 The Provider's liability is limited to intent and gross negligence. In cases of slight negligence, the Provider is only liable for a breach of material contractual obligations (cardinal obligations), limited to the foreseeable, typical contractual damage. This limitation of liability does not apply to damages arising from injury to life, body, or health, fraudulently concealed defects, or claims under the Product Liability Act.

12.3 Where the Provider's liability is limited, this also applies to the personal liability of its employees, representatives, and vicarious agents.

12.4 Liability for the loss of data is limited to the expense that would have been incurred had the customer made proper and regular data backups.

Data Protection

13.1 The Provider processes the customer's personal data for the purpose of order processing, service provision, and customer account management, on the basis of the GDPR and the German Federal Data Protection Act (BDSG).

13.2 Details regarding the nature, scope, and purpose of data processing are set out in the Provider's Privacy Policy at withavelis.com/privacy.

13.3 The Provider will not use personal data for advertising purposes beyond what is permitted by law without the customer's express consent.

Intellectual Property

14.1 All content published on the Website (texts, graphics, logos, product descriptions, software) is protected by copyright and is owned by the Provider or used with the permission of third parties.

14.2 Any use, reproduction, or distribution beyond the intended purpose requires the express written consent of the Provider.

Amendments to these T&Cs

15.1 The Provider reserves the right to amend these T&Cs with effect for the future. Amendments will be communicated to the customer at least 30 days before they take effect by email.

15.2 If the customer does not object within 30 days of receipt of the notification of amendment, the amended T&Cs shall be deemed accepted. The Provider will draw specific attention to this right in the notification of amendment.

15.3 For current subscriptions, the customer has the right to terminate the subscription by the end of the current term in the event of rejection.

Online Dispute Resolution and Consumer Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR platform) at https://ec.europa.eu/consumers/odr/. The Provider is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board. Provider's email address for consumer enquiries: support@withavelis.com

Governing Law and Jurisdiction

17.1 The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of UN sales law (CISG).

17.2 For contracts with consumers habitually resident in an EU Member State, the mandatory consumer protection provisions of their country of habitual residence shall additionally apply.

17.3 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is the Provider's registered office.

Final Provisions

18.1 Should individual provisions of these T&Cs be or become wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

18.2 No oral collateral agreements exist. Amendments and supplements to this contract require text form (§ 126b BGB).

18.3 The authoritative language of this contract is German. In the event of any conflict between the German version and any foreign-language version of these T&Cs, the German version shall prevail.