SPECIAL TERMS AND CONDITIONS FOR THE ‘eSimFLAG’ MOBILE APP

WELCOME! BY DOWNLOADING AND/OR USING THE “eSimFLAG” MOBILE APP FROM TELEFÓNICA DE ESPAÑA S.A.U. AND TELEFÓNICA MÓVILES ESPAÑA, S.A.U. (HEREINAFTER JOINTLY REFERRED TO BY THEIR TRADEMARK "eSimFLAG"), YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED THESE SPECIAL TERMS AND CONDITIONS, WHICH CONTAIN INFORMATION ON YOUR RIGHTS AND OBLIGATIONS AS AN "eSimFLAG" REGISTERED USER.

1.1 These Specific Terms and Conditions for the “eSimFLAG” mobile app (hereinafter the “Specific Terms and Conditions”) are mandatory and binding. They apply to all activities carried out using the eSimFLAG app and the services available through it. Downloading and/or using the app implies knowledge and acceptance, without reservation, of these Special Terms and Conditions. Registered users of the app declare that they have read, understood and accepted these Special Terms and Conditions, which are available at all times through the eSimFLAG app. If you do not agree with them, you should refrain from downloading and/or using the app.

1.2 These Special Terms and Conditions are complementary to the General and/or Special Terms and Conditions of any contracted eSimFLAG Products and Services, which are also published at www.esimflag.com/en/general-conditions.

2.1 You may only access the eSimFLAG app if you have sufficient legal capacity to read, understand, and accept these Specific Conditions. The app may not be used by persons who have been suspended and/or authorised, or by people under 18 years of age.

The following definitions apply to the Special Terms and Conditions:

1. User: person or company that registers and uses the mobile app and who holds the contractual relationship for the products and services contracted with eSimFLAG.
2. eSimFLAG Product or Service: products or services marketed under the eSimFLAG brand, regardless of which Telefónica Group entity provides the service, and the contracting of which grants the right to register in and use the mobile app.
3. Mobile app: the eSimFLAG mobile app where Users can register to access the services and resources available therein.

Parents, guardians and/or those responsible for minors or legally incapacitated persons who use the eSimFLAG app as Users shall be responsible for such use, including any charges, billing and/or damage arising therefrom.

2.2 Access to the eSimFLAG app requires you to register in advance by email so that we can validate whether or not you are a User of the eSimFLAG service. This email will be used as your contact email address.

The User, as the person responsible for the relationship established with eSimFLAG, will have the power to act on all their associated eSIMs with the limitations or restrictions established in each case by eSimFLAG, in relation to which they guarantee that they are duly authorised and have obtained the consent of the users for such management.

2.3 To use certain services or features, we may ask you for additional information or permissions, in which case we will indicate that these are mandatory. You may also voluntarily provide eSimFLAG with additional information to supplement your account and/or use certain services or features, in which case this data may be processed for any other purposes that have been permitted or authorised in accordance with the provisions of the eSimFLAG Privacy Policy.

3.1 Through the eSimFLAG app, you can take advantage of unique communication services and features, as well as support and self-management of your eSIM(s). This is on the condition that you have given your consent where necessary and have a terminal or device compatible with these services and access to the internet or any other compatible technology.

3.2 The services available through the eSimFLAG app, which you can access online, will be, depending on the specific services available at any given time, and include the following: online information and self-management regarding activation, days and plans used on the linked eSIM(s), status of contracted plans and billing information, invoice downloads, purchase of additional data plans, and customer or user support and help information. All of the aforementioned services may be subject to their respective specific terms and conditions.

The eSimFLAG mobile app can be downloaded from official online stores, depending on the geographic availability and operating system of the compatible device onto which it is being installed. eSimFLAG is under no obligation to update the eSimFLAG app, which is provided on an 'as is' basis for use or download at any given time.

The technical requirements for installing and using the app will be available at all times in the official app download marketplaces for the major operating systems.

eSimFLAG is not responsible for updating the eSimFLAG mobile app and/or any software updates you may need to install on your devices to maintain compatibility with the app, which is your responsibility.

5.1 Users may contact eSimFLAG customer service through the chat enabled for this purpose in the app. although certain features may be limited, unavailable or available on the app compared to other eSimFLAG customer service channels, including customer service hours, the ability to file complaints or claims, and/or the offer of exclusive or personalised customer service.

5.2 For all of the above reasons, the User should use this channel as a supplementary and additional means of contacting eSimFLAG's other customer service channels. Furthermore, the responses provided through this service will only relate to the User account from which the query is made, and these may be limited based on criteria such as the status of the Main User or User of said eSim.

6.1 Through the eSimFLAG app, Users will be able to access different options for viewing information and managing their eSIM, as well as, where applicable, any other eSIMs associated with the registered User. These options may include, for example, the ability to view and download the bill, check usage, modify the contracted plan, add additional plans, and so on.

6.2 Through the mobile app, eSimFLAG may send you push notifications to contact you and keep you informed, with the aim of providing you with relevant, personalised information about the status of your eSIM usage. Some communications may be automatically generated.

6.3 Regardless of the information provided and/or the services available, the prices will be applicable in accordance with the commercial conditions and other terms and conditions that apply to your linked eSIM(s) at any given time.

6.4. eSimFLAG does not undertake to make available through eSimFLAG all the information, management features and/or services available on eSIMs.

7.1 As a User, you may contract and/or proceed to pay for eSimFLAG Services whenever this option is available. Such contracts shall be entered into directly between the registered User and eSimFLAG and shall be governed by the General Terms and Conditions and/or Special Terms and Conditions of the product or service contracted and applicable to that effect.

7.2 Therefore, before contracting our products and/or services, we remind you to check their specific terms and conditions, prices, taxes and payment methods, compatible terminals where applicable, as well as the associated features. These may be subject to technical, commercial or geographical availability.

The eSimFLAG app will be accessible via Wi-Fi and/or via the network of third-party providers unrelated to eSimFLAG. In this case, you may incur additional data charges for using this service, which you should check with your telecommunications provider.

The User agrees to make reasonable use of the eSimFLAG app, as well as any other related services provided by eSimFLAG. The registered User shall be liable to eSimFLAG for any use other than the above that may cause damages to eSimFLAG or third parties and, in particular, for any use of the app that differs from the uses permitted in these Special Terms and Conditions. In this sense, it is prohibited to use the eSimFLAG app to:

9.1.1 Connect or in any way link it to computer programs that constitute, promote or provide access to espionage, piracy or any other program or code that in any way threatens the integrity of eSimFLAG products and services and computer security.

9.1.2 Carry out activities that are illegal, fraudulent or in any way linked to criminal acts.

9.1.3 Send spam or unsolicited messages, send, receive, upload, download or use any unlawful, offensive, abusive, malicious, threatening, indecent, defamatory, obscene, racist, or in any way discriminatory or objectionable material or content.

9.1.4 Harass, stalk, bully, torment or in any way bother a person, or slander, defame, impersonate or pretend to be another person.

9.1.5 Use it as a business or parental control tool, including to spy on and/or violate the confidentiality of third-party communications.

9.1.6. In any way infringe the copyright, trademark, confidentiality, privacy or intellectual property rights of eSimFLAG or third parties by sending or encouraging the sending of advertising, promotions, messages or unwanted mass communications.

9.2 Using the eSimFLAG app for any of the purposes detailed above and, in general, for a purpose other than that for which it has been enabled, and/or contrary to these Special Terms and Conditions, will result in the temporary or permanent blocking or removal of the eSimFLAG app, as applicable, and/or the termination of the service associated with it.

This is without prejudice to any action or claim that may be brought by eSimFLAG for the misuse of the eSimFLAG app, its associated service or eSimFLAG products and services. Likewise, the eSimFLAG app may be suspended, limited and/or cancelled independently of eSimFLAG products and services.

9.3 Specifically, eSimFLAG may limit the use of or completely block the eSimFLAG app if you use it in an improper or abusive manner or contrary to the proper use of eSimFLAG Products and Services, including cases where such use may pose a threat to the security or integrity of the communications network or otherwise may affect the normal functioning of that network or the rights of third parties. This is at the sole discretion of eSimFLAG and without prior notice.

10.1 eSimFLAG reports that customer data will be processed, in accordance with the eSimFLAG Privacy Policy. Basic information on this policy is included in this clause. The full content of this policy can be found in the Privacy Policy section on the webpage www.esimflag.com.

In accordance with European data protection regulations and by virtue of this Policy, the following companies of the Telefónica Group are co-responsible for the processing of personal data of eSimFLAG Customers, depending on the products and services contracted: Telefónica de España, S.A.U. and Telefónica Móviles España, S.A.U. (hereinafter referred to jointly, for the purposes of this clause, as "eSimFLAG"). At eSimFLAG, we will process customer data in order to provide the Service, as well as for other purposes that, as an eSimFLAG customer, the customer allows or authorises us to do in accordance with the Terms and Conditions of the Privacy Policy, which also contains all the information the customer needs to decide on other processing that requires their consent. Personal data needed to implement the contract, herewith presented by the customer, together with that obtained for Service provision, and through service and marketing channels, will be included in personal data computer files, held by eSimFLAG. In addition to the processing set out in the Privacy Policy, by accepting these terms and conditions of use of the Service, the Customer is informed of the specific processing of the data described in the conditions of provision of the services involved in contracting eSimFLAG, as well as consumption and billing data, including in all cases data generated or estimated by eSimFLAG whose processing is necessary to execute the contract, as well as to provide the Service.

We also inform customers that we may process specific data for the purpose of offering them the best service and keeping them up to date with what really interests them. To this end, based on our legitimate interest, taking into account your reasonable expectations and unless you object, we will process your data to create a basic commercial profile for which we will use the data you have provided us with, usage and billing data for our Products and Services, data generated when using the eSimFLAG App and Website (including cookies, if you have accepted them), as well as data calculated to make personalised recommendations through our channels or by sending commercial campaigns, and to offer you, via any channel, recommendations tailored to you from eSimFLAG. eSimFLAG may, on the other hand, commission trusted suppliers to process data in connection with any of the purposes indicated in the Privacy Policy. The updated list of these providers, as well as those who transfer data internationally in the course of their duties, will be included in the additional information section of the privacy policy. Likewise, you are informed of your right to exercise, in accordance with said regulations, your rights of access, rectification, deletion, limitation, opposition and portability, by sending a letter to te_datos@telefonica.com, REF: eSimFLAG.

Similarly, in the event of non-payment, the data relating to the debt may be communicated to the following entities engaged in the management of credit information systems: ASNEF, a system managed by EQUIFAX IBERICA S.L., and BADEXCUG, a system managed by Experian Bureau de Crédito, S.A., and any other system that is duly communicated to the CUSTOMER.

10.2 eSimFLAG uses cookies to collect information about User interactions and how they use eSimFLAG. If you would like to know more about what cookies are, what types of cookies we use and how we use them, you can consult the Cookie Policy at www.esimflag.com.

10.3 eSimFLAG has robust measures in place to ensure the security, confidentiality and privacy of your information and the secrecy of your communications, but it will not control or monitor the content of those communications, as it is merely an intermediary between Users.

To use certain services or features, depending on your device's operating system, you will need to give your prior consent to the eSimFLAG app to collect additional information about you or information stored on your device. This consent may be revoked or granted again at any time in the permissions section of your device.

Specifically, the eSimFLAG app may request permissions for the following features:

1. Access permission via Face ID: by consenting to this permission, available only for iOS devices, you authorise eSimFLAG to collect the information available on your iOS device for facial recognition, so that you can access the eSimFLAG app without having to enter your login credentials.
2. Fingerprint access permission: by granting this permission, available only for Android devices, you authorise eSimFLAG to collect the fingerprint information available on your Android device so that you can access the eSimFLAG app without having to enter your login credentials.
3. Notification permission: by consenting to this permission, available for all types of devices, you will be able to display and receive notifications in real time.
4. Permission to access photos, multimedia content and device files: by granting this permission, you authorise eSimFLAG to send to your device the bills for your eSimFLAG products and services that you wish to download.

12.1 eSimFLAG has all the necessary rights, licences and authorisations for the eSimFLAG app, including both its trademarks and the mobile app itself. In this regard, you are granted only a limited, non-transferable, non-sublicensable, temporary, non-exclusive, revocable and, unless otherwise notified, free licence to use, download and/or install eSimFLAG on your devices, in accordance with these Special Terms and Conditions and for the intended uses. You shall not be entitled to sublicense, sell, assign, rent, distribute, transfer or otherwise grant third parties rights to eSimFLAG. Likewise, you must not take any action to jeopardise, limit or in any way interfere with the intellectual property rights of eSimFLAG, which shall be used subject to these Special Terms and Conditions. In any case, eSimFLAG reserves all rights not expressly granted to the User under these Special Terms and Conditions.

12.2 Although you will retain all rights to the content you generate or send through eSimFLAG, you grant eSimFLAG a non-exclusive, worldwide licence, limited to the time your account is active and/or until you decide to delete it, to reproduce and adapt the content to the technical requirements of eSimFLAG.

13.1 eSimFLAG does not guarantee Users the use, or permanent use, of the eSimFLAG app. Specifically, the eSimFLAG app services are offered without any guarantee of any kind, given that their quality and availability may be affected by multiple services and may be interrupted when necessary for maintenance work. eSimFLAG does not guarantee, and therefore shall not be liable for, any inaccuracies, errors, defects, failures, delays, viruses or interruptions in the eSimFLAG app. Nor does it guarantee, and therefore shall not be liable for, its reliability, quality, accuracy, completeness or validity. The eSimFLAG app is provided in the condition in which it is available for download or use, and eSimFLAG makes no guarantees of any kind regarding the app and expressly disclaims any liability for the provision, usefulness, availability, storage and handling of information, security, ownership and/or rights related to the eSimFLAG app. The eSimFLAG app is downloaded and used at the user's sole risk.

13.2 eSimFLAG shall not be liable for any damages, loss of profits or any other consequential damages arising from the use of the eSimFLAG app. In any event and insofar as it can block access to the eSimFLAG app from any device, eSimFLAG shall not be liable for any charges incurred as a result of use on lost, stolen or stolen devices.

13.3 eSimFLAG reserves the right to interrupt, suspend and/or modify, at any time, the services in the eSimFLAG app, either permanently or temporarily. No User consent will be required, nor will any prior notice be necessary.

13.4 For all these reasons, eSimFLAG shall not be liable for any problems concerning access to or the availability of the eSimFLAG app and/or its services, nor for any damages that may be caused by this, when these arise from factors beyond its control. Likewise, eSimFLAG shall not be liable for any faults, incompatibilities and/or damage to your terminals or devices that may arise from downloading and/or using eSimFLAG, especially when these are not compatible with or suitable for using our services. Specifically, eSimFLAG shall not be liable for the loss or damage of messages, contact lists or the loss of history that may occur when using eSimFLAG.

13.5 Any access and/or use of the eSimFLAG app contrary to these Special Terms and Conditions, the specific terms and conditions of each service and, in general, to current legislation, the principles of good faith, morality and public order is prohibited. The User is responsible for the use they decide to make of the eSimFLAG app and must ensure that its use does not infringe the rights of third parties. eSimFLAG may suspend or interrupt the eSimFLAG app if it suspects that the User is violating these Special Terms and Conditions or the General Terms and Conditions and/or special terms and conditions of eSimFLAG Products and Services, or is using it illegally, unauthorised or inappropriately.

13.6 eSimFLAG services are offered exclusively for your personal and private use as an End User. Therefore, you may not resell them or use them for any financial, commercial or similar purpose without the authorisation of eSimFLAG. Failure to comply with your obligations as a User may result in the immediate termination of the eSimFLAG app and/or its services, without the right to receive compensation and/or reimbursement of any kind.

13.7 The conditions applicable to the Wi-Fi service and/or internet access provided by third-party operators, with which you may use the eSimFLAG app, are unrelated to eSimFLAG and will be those that you agree to with the provider in question. eSimFLAG will therefore bear no liability in this regard.

13.8 If the information or data provided by the User is not true, the User will be liable for any damages that this may cause.

14.1 eSimFLAG is intended for use by any registered User who complies with these Special Terms and Conditions. Furthermore, eSimFLAG may have restrictions, may not function or its services may not be available at all times. As a general rule, and as long as eSimFLAG is directly connected to the associated User's line, the suspension or cancellation of the eSimFLAG Products or Services, or the breach of its General and/or Special Terms and Conditions for any reason, will result in the suspension or cancellation of the eSimFLAG app, or any of its services, as applicable.

14.2 eSimFLAG reserves the right to revise these Special Terms and Conditions at any time for legal, technical, commercial or strategic reasons. Should this occur, we will notify you by publishing the changes on the eSimFLAG app. If you continue to use the app and do not request the cancellation of your User account, we will understand that you accept the changes.

14.3 Any suggestions and comments you make may be taken into account, implemented and/or adapted by eSimFLAG without this giving rise to any rights in favour of the User.

14.4 You understand and agree that these Special Terms and Conditions and the eSimFLAG app are governed by Spanish law. Any dispute arising from the interpretation of these Special Terms and Conditions and/or the eSimFLAG app shall be submitted to the competent courts at any given time in accordance with the provisions of current legislation.