Article 1. Validity of General Terms and Conditions
1.1. Introduction
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“Customer” or “you”) and Enjoy Esim e-LUX Mobile Telecommunications Services S.A. and its affiliates (hereinafter collectively referred to as “Enjoy Esim”). These Terms govern the use of Enjoy Esim’s products, services, mobile application (“Application”), and website (“Site,” collectively referred to as the “Services”). Detailed information regarding the Services is available on the Enjoy Esim website. Any modification to these Terms will only be valid if expressly approved by Enjoy Esim in writing.
1.2. Definitions
- End Users: Individuals utilizing the Services via their personal Enjoy Esim accounts for non-commercial purposes.
- Corporate Users: Institutions or organizations that provide Enjoy Esim with direct or indirect access to personal data of End Customers and use the Services to support their commercial operations.
- End Customers: Individuals who benefit from Services ordered by Corporate Users or other Enjoy Esim account holders.
- Job Applicants: Individuals applying for employment opportunities with Enjoy Esim.
- Customer: The term "Customer," as used in this document, refers to any individual or entity interacting with Enjoy Esim’s Services, including but not limited to End Users, Corporate Users, and End Customers, depending on the context.
1.3. Acceptance of Terms
By clicking “I Accept” or a similar confirmation button, creating an account, downloading the Application, accessing the Services, or otherwise using the Services, the Customer acknowledges that they have read, understood, and agreed to be bound by these Terms. If the Customer does not agree to these Terms, they are not authorized to access or use the Services. These Terms take effect on the date the Customer first accesses the Services, begins using them, or provides their acceptance, whichever occurs first.
1.4. Acceptance on Behalf of a Legal Entity
If the Customer accepts these Terms on behalf of an employer or other legal entity, the Customer represents and warrants that they:
- Have the full legal authority to bind the employer or legal entity to these Terms;
- Have read and understood these Terms;
- Accept these Terms on behalf of the represented employer or legal entity.
In such a case, the term “Customer” shall refer to the respective employer or legal entity.
Article 2. Purpose-Scope
These Terms and Conditions are intended to define the conditions of access and use of Enjoy Esim Prepaid eSIM, which is a brand of e-LUX Mobile Telecommunications Services S.A.
Article 3. Description of the Prepaid eSIM Service
3.1. Prepaid eSIM Service
The Prepaid eSIM Service allows the Customer, holder of Prepaid eSIM, to use the DATA Service according to the bundle allocated to the Prepaid Account. The period of validity of the Prepaid eSIM and the rates in effect are described on the website.
Article 4. Access to the Prepaid Services
4.1. Acceptance of the SIM Card Special Conditions
Any purchase of Prepaid Cards requires prior consultation of these Terms and Conditions, which are permanently available on the website www.enjoyesim.com.
By purchasing one or more Prepaid eSIM(s), the Customer acknowledges having read and accepted all the Terms.
4.2. Compatible Mobile Devices
It is the Customer’s responsibility to ensure that the device is eSIM compatible and network-unlocked. By checking “I have an eSIM compatible and network-unlocked device” for proceeding with the purchase, the customer is held responsible for this information. Device compatibility may depend on the carrier and country of origin, and the customer must check the list of eSIM-compatible devices provided at checkout/on the website. The eSIM compatibility list is not exhaustive, meaning that there might be newly announced eSIM-compatible devices that have not yet been added. Enjoy Esim cannot be held liable for any malfunction, failure, or damage related to the use of third-party devices.
4.3. Purchase of Prepaid eSIM
To benefit from the Prepaid eSIM Service, the Customer must purchase a Prepaid eSIM with a data service plan through the website or the Enjoy Esim App. The price of the Prepaid eSIM is due immediately upon purchase.
4.4. eSIM Activation
After purchasing a Prepaid eSIM through the website or app, the Customer receives an email with a QR code. The eSIM is activated by scanning the QR code. The activation must be done within one year, or the agreement will be automatically terminated.
Article 5. Charges and Delivery
5.1. Charges
The charges for use are indicated on the website www.enjoyesim.com. The Customer will immediately see the purchased eSIM under the “My eSIMs” tab on the website and/or app. The Customer will receive a confirmation email after the purchase. All installation information for the eSIM will be sent by that email.
5.2. Data Package
The eSIM data package from Enjoy Esim is offered "as-is" and no further modifications or customizations can be made based on individual requests once purchased.
Article 6. Start, Duration, and Termination of the Contract
6.1. Start of the Contract
The service contract between Enjoy Esim and the Customer starts upon completing an order at Enjoy Esim’s website or app.
6.2. Prepaid eSIM Validity
The Prepaid eSIM has a limited validity period starting with its activation. This period is specified on the website.
6.3. Termination
The contract will be terminated if the Customer does not have an active data package or deletes the eSIM from the device.
Article 7. Customer Engagements
The Customer must not engage in any action:
- That is abusive, illegal, or fraudulent;
- That causes the Network to be impaired or damaged;
If the Customer is in breach of its obligations under this Article, Enjoy Esim may suspend the Customer’s use of the Service. Enjoy Esim will notify the Customer as soon as reasonably practicable of the suspension.
Article 8. Fair Use Policy
The Customer acknowledges that they have been made aware of Enjoy Esim’s fair use policy, which is drawn up and/or updated by competent authorities, including the European Commission.
Article 9. Traffic Management
9.1. Internet Access Speeds
The minimum, maximum, and normally available internet access speeds (or data traffic transmission speeds) depend on several factors, including overall traffic on the mobile network, the device used by the Customer, and the network coverage area. These speeds cannot be guaranteed in all circumstances.
9.2. Traffic Management Measures
Enjoy Esim is authorized to take reasonable measures to manage data traffic (including throttling or blocking) in a transparent, non-discriminatory, and proportionate manner. These measures may be necessary to:
- Offer objectively different technical service levels for specific categories of traffic;
- Implement legislative or regulatory provisions, court rulings, or administrative decisions;
- Preserve the integrity and safety of the network, services, and customer devices;
- Reduce temporary congestion.
Throttling leads to a decrease in internet speed, while blocking disrupts all or part of the service for a similar duration.
Article 10. Refund Policy
Enjoy Esim has a no-refund policy. Purchased Prepaid eSIMs are non-refundable.
Article 11. Governing Law & Jurisdiction
These Terms are governed by and construed in accordance with the laws of [Your Country]. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in [Your Country].
Article 12. Liability and Warranty
Enjoy Esim is not responsible for detriments arising from the unavailability of the service. Enjoy Esim does not guarantee constant availability of the network service.
For any requests, please contact us through the website www.enjoyesim.com.
Article 13. Customer Service
Enjoy Esim has a customer complaint form on the website. Any complaint will be dealt with and responded to within a reasonable time. Enjoy Esim commits to resolving all complaints submitted by the Customer, provided they are proven valid, taking into account the rights of both parties.
Article 14. Intellectual Property Rights
14.1. Ownership of Content
Unless otherwise stated, the eSIM and all associated elements, including source code, databases, features, software, website designs, audio, video, text, images, and graphics within the application (collectively referred to as the “Content”), as well as any trademarks, service marks, and logos (“Marks”), are the exclusive property of Enjoy Esim or its licensors. These assets are protected by copyright, trademark laws, and other applicable intellectual property regulations.
14.2. Restrictions on Use
No part of the eSIM, the application, or its Content or Marks may be copied, reproduced, republished, uploaded, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise utilized for commercial purposes without prior written authorization from Enjoy Esim.
Article 15. Data Protection Compliance
As a company headquartered in Luxembourg, we operate in full compliance with the General Data Protection Regulation (GDPR) and the related national legislation, including the Law of 1 August 2018 on the organization of the National Commission for Data Protection (CNPD) and the General Data Protection Regime. We are committed to safeguarding the privacy and security of personal data, adhering to the highest standards set by the GDPR and applicable Luxembourg regulations. For more information, please contact us through our website www.enjoyesim.com or reach out via the customer service contact details provided there.
Clause 16: Registration to Use EnjoyeSIM Services
As stated in Clause 1.2, all users, including End Users, Corporate Users, End Customers, and job applicants, must accept the General Terms and Conditions to access EnjoyeSIM services. During the registration process, the following information is required:
· For End Users
Individuals accessing EnjoyeSIM services through the official website (https://www.enjoyesim.com) or mobile application must provide basic personal information such as Name, Surname, and Email Address. These details enable seamless interaction and transaction processing.
· For Corporate Users
To meet the specific needs of businesses, more detailed information is required. This includes:
- Company Name
- Company Address
- Email Addresses of Corporate Users
- Company Website
- Region and Industry Details
- Phone Number
- Relevant Contacts and Additional Necessary Information
This information helps us tailor our services to operational requirements and deliver more effective solutions to End Customers.
· For End Customers
When services are ordered on behalf of End Customers by a Corporate User (e.g., a travel agency or airline), the required information is provided by the initiating party. Corporate Users are responsible for ensuring that End Customers’ personal information is collected and processed in compliance with applicable data protection regulations.
· Services Provided via Intermediaries
If EnjoyeSIM services are delivered through intermediaries (e.g., travel agencies or airlines), these intermediaries may provide the necessary registration details on behalf of the Customer.
Additional Information Requests and Compliance
EnjoyeSIM reserves the right to request additional information from all user categories as needed to improve user experience and meet evolving service requirements. This process will:
- Be conducted in compliance with data protection laws,
- Respect customer privacy,
- And include proper notification to users via standard communication channels.
These additional information requests will not necessitate further amendments to these Terms and Conditions.
This framework ensures that all users can benefit from our services securely and efficiently.