GENERAL TERMS AND CONDITIONS OF eSimFLAG SERVICE

1. GENERAL TERMS AND CONDITIONS AND ACCEPTANCE

1.1. Purpose.

The General Terms and Conditions described below (hereinafter, the "Specific Terms and Conditions") govern the relationship between Telefónica Móviles España S. A.U., with Tax ID No. A-78923125 and registered office at Ronda de la Comunicación s/n, Distrito Telefónica, Edificio Sur 3, 28050 Madrid, registered in the Madrid Commercial Registry, ST-1, Volume 8958, General 7804, Section 3 of the Companies Register, Page 92, Sheet No. 85226-1, 1st Entry, and the Customer of the Service (hereinafter, the ’ Customer") in all matters relating to the provision of the eSimFLAG Service (hereinafter, the “Service”).

1.2. Acceptance.

Unconditional acceptance of these Terms and Conditions is essential for the provision of the Service. The Customer hereby declares that they have read, understood and accepted these Terms and Conditions, which are available at all times at www.esimflag.com and by calling 900 444 747 (+34 91 707 47 47 for calls from outside Spain).

Use of the Service implies acceptance by the Customer of the terms and conditions of use of the app and any notices, regulations and instructions brought to their attention by eSimFLAG after acceptance of these Terms and Conditions. Failure to accept these Terms and Conditions within the period specified for this purpose will result in termination of the Service by the Customer.

1.3. Confidentiality of communications and integrity and security of networks and services.

eSimFLAG shall adopt the necessary technical measures available at any given time to protect the confidentiality of communications, as recognised in the Spanish Constitution, without prejudice to lawful interceptions that may be ordered. eSimFLAG shall be exempt from any liability arising from the recording, use, or disclosure of communications by the Customer or third parties, or from any actions or omissions beyond eSimFLAG’s control that may compromise the confidentiality and secrecy of telephone communications. eSimFLAG shall implement the technical measures permitted under applicable legislation to preserve the integrity of the networks and to ensure their security against any unauthorised access.

2. DESCRIPTION OF THE SERVICE

2.1. eSimFLAG

eSimFLAG supplies a digital SIM card that can be downloaded and activated on a mobile phone without the need for a physical SIM card. This allows users to connect to local networks abroad without having to purchase a physical SIM card at their destination. Customers can purchase day packages with unlimited data at their chosen destination(s) and will automatically connect without changing their device or eSIM.

The packages provide unlimited data in the chosen destination, but do not allow the user to connect to networks in other countries. Likewise, it is not possible to make voice calls or send messages with this eSIM.

The plans purchased can only be used in the specific destination for which they are purchased.

2.2. Contracting requirements

Users must register to purchase the eSimFLAG through our website www.esimflag.com or via the eSimFLAG app. To do this, the purchaser will be asked to provide their email address, password and mobile phone number.

3. SERVICE AVAILABILITY

To use the service, eSimFLAG will provide the customer with an eSIM that can be downloaded to any eSIM-compatible device.

Once the data package has been purchased and within 90 days of purchase, use of the service will start automatically when the device connects to the network of the country covered by the package during the contracted period, with unlimited data available.

In this regard, "contracted day" should be understood as a period of 24 hours, regardless of the time of day.

Likewise, users can extend the duration of the package they have purchased by purchasing another package for the same destination, either before or during the use of the first package, thereby extending the period of days during which the service is available. Once the number of days contracted has been exceeded, the user will no longer have connection through our eSimFLAG, but the card will remain on their device for subsequent purchases, without the need to download it again, thus facilitating future purchases.

The user can remove the eSIM at any time via their device settings. However, the eSIM must remain in the device in order to use the service, so it should not be deleted until the data plan has been used up or has expired.

Downloading the eSIM and signing up for any of the data plans requires a stable internet connection.

The eSimFLAG service is subject to 24/7 availability. The company is not responsible for service interruptions or coverage problems caused by factors beyond the control of eSimFLAG.

4. START AND DURATION OF SERVICE

This contract shall remain in force for as long as the customer keeps their eSimFLAG credentials active and shall have a monthly duration of up to a maximum of 24 months from the acceptance of these conditions at the time of purchase, unless the customer requests the cancellation of their credentials before the end of this period.

The user may activate and use the service within a maximum period of 90 days after purchasing a data plan. After this period, the data allowance purchased will no longer be valid/will expire.

5. PRICES, BILLING AND PAYMENT

eSimFLAG will apply the prices in force for each type of contract. These financial conditions are made available to the customer in an annex to this contract. The prices for eSimFLAG are also available, fully updated, and can be consulted on the website www.esimflag.com. Alternatively, price information can also be obtained by calling the customer service number provided for this purpose. The customer may request and receive the requested price information in writing at any time, free of charge.

Contracting the service through eSimFLAG entails payment via the methods indicated on the purchase page, such as bank card, Bizum, PayPal or Apple Pay.

By default, a simplified bill will be generated containing the following information:

  1. Email
  2. Description and price of the plan purchased
  3. Taxes applied
  4. Transaction details
  5. Billing information

Only if the customer requests a full invoice after the sale will they be asked for the remaining necessary information, which will not have been obtained previously:

  1. Name and surnames
  2. Billing address
  3. ID document

All eSimFLAGs are provided on a prepaid basis and prices include any indirect taxes, unless otherwise specified.

The services offered consist of unlimited data plans for specific countries, which will be listed on our website www.esimflag.com. Notwithstanding the foregoing, eSimFLAG reserves the right to restrict or limit the availability of such data plans in certain countries.

The number of eSimFLAGs per purchase is limited to a maximum of 10 eSims and 10 plans per eSim.

6. PERMANENT SUSPENSION OF SERVICE.

This contract shall be terminated, with the consequent permanent suspension of the service, for the general reasons accepted by law and, in particular, for the following reasons:

a) At the customer's request, communicated to eSimFLAG at least two working days prior to the termination date. The customer may exercise their right to terminate the contract by sending an email to help@esimflag.com.

b) For serious breach of the obligations arising from this contract, as well as for use of the service contrary to good faith or to practices commonly accepted as correct use in mobile telephone services.

c) The maximum period for using the package is 90 days from the date of purchase; once this period has expired, the package will no longer be valid and cannot be used.

d) Upon expiry of the contract 24 months after purchase and acceptance of the terms and conditions, without renewal.

e) For illegal or improper use of the service that involves using customer status to carry out a business, professional or economic activity whose purpose is the transfer or resale of the eSimFLAG service and/or the redirection of calls or traffic to third parties.

7. COMMITMENTS TO QUALITY

eSimFLAG will apply the best technical and procedure developments to ensure maximum quality at all times in all communications involved in the service.

I.- In the event of a temporary interruption of service, the customer shall be entitled to automatic compensation (provided that this exceeds 1 euro), the amount of which shall be three times the daily amount of the plan in force at the time of the interruption, prorated for the duration of the interruption.

In the event of a temporary interruption in Internet access service, whether continuous or intermittent, lasting more than six hours between 8 am and 10 pm local time according to the customer's plan, the customer shall be entitled to automatic compensation, the amount of which shall be the refund of the plan amount, prorated for the duration of the interruption. In the event of interruptions due to force majeure, eSimFLAG will automatically compensate the customer by refunding the amount of the plan prorated for the duration of the interruption.

Compensation will be made by means of a refund to the same payment method used.

II.- Except for interruptions due to force majeure, eSimFLAG undertakes that the cumulative service interruption time over a billing period will be less than 8 hours. The service interruption time shall be calculated as the sum of the total downtime of the data service during the term of the plan. eSimFLAG shall compensate the customer for an amount equal to three times the daily amount of the plan that has been interrupted, prorated for the time by which it has exceeded its individual 8-hour commitment.

The compensation provided for in this section shall be understood to be cumulative with that provided for in Section I of this General Condition.

III.- Compensation will be made by means of a refund to the same payment method used.

For the purposes set out in the preceding sections, and in the event that the temporary interruption of service occurred while the customer was roaming, the customer must submit their request for compensation within ten days of the date of service restoration by contacting the Customer Service Centre or at www.esimflag. com, expressly indicating the interruptions experienced.

IV.- The provisions of the preceding sections shall not apply when the temporary interruption is caused by any of the following reasons:

  1. Serious breach by customers of the contractual conditions, especially in the event of fraud, which will result in the temporary suspension and interruption of the service;
  2. Damage caused to the network due to the customer connecting terminal equipment that has not been assessed for compliance with current regulations;
  3. Breach of the code of conduct by a supplier of additional charging services, when the service contract is registered in their name.

• Data cover and speed may be subject to the network service provider's fair usage policy. This means that, in order to ensure high quality service for all users, the network service provider reserves the right to impose restrictions or limitations on data usage or speed if such usage is deemed excessive or if it adversely affects the network performance of other users.

• We do not guarantee the network capacity, network quality or availability of the Service connection. This includes (but is not limited to) any of the following circumstances:

i. when our service providers need to carry out improvement, maintenance or other work on their network services;

ii. when in areas not covered by our service providers' network or in accordance with the areas specified in the Data Plan;

iii. when factors beyond our control cause interruptions, such as interruptions caused by the features or functionality of the user's Device, regulatory requirements, failures in communication networks, weather, radio interference or other physical obstructions.

8. CUSTOMER INFORMATION.

Customers may receive information about services, cover, rates and any incidents that affect them through our customer service channels: by writing to us on WhatsApp at +34 696 88 66 82, via the chat available on the website www.esimflag.com and on the eSimFLAG app, by sending an email to help@esimflag.com or by calling 900 444 747 (+34 91 707 47 47 for calls from outside Spain, call charges according to your operator's rates).

9. CONTRACT MODIFICATION

The Customer undertakes to notify eSimFLAG of any changes to the contract details.

eSimFLAG, for the sole purpose of re-establishing the balance of services between the Parties, may modify the terms established in the contract and, in particular, the price of the contract, for any of the following reasons when they are due to situations that occur after eSimFLAG has established the Service rates:

  1. Increase in the costs of the business sector in which eSimFLAG operates and which have an impact on coverage, network quality or the characteristics of the service provided.
  2. Regulatory changes (including taxes, fees or administrative or judicial rulings) affecting the terms for the provision of the Service.
  3. Increase in the consumer price index (CPI) or, failing that, in the Producer Price Index (PPI).

eSimFLAG will inform the customer of any modification, indicating the precise reason for it, at least ONE (1) month prior to the date on which the modification is to be effective, and the customer will have the right to terminate the contract without penalty whatsoever, without prejudice to other commitments acquired by the customer. Once the period of one month has elapsed without eSimFLAG having received any communication, it will be understood that the Customer accepts the modifications.

10. NOTIFICATIONS

Any notifications that THE CUSTOMER must send to eSimFLAG in relation to the provisions of this Contract and in execution thereof shall be made either by telephone to the personal customer service numbers of eSimFLAG or in writing to the email addresses or postal addresses provided in each case throughout this contract.

Notifications and communications from eSimFLAG to the CUSTOMER will be made in one of the following ways:

  1. by email to any of the email addresses the CUSTOMER provides to eSimFLAG for this purpose;
  2. communication by telephone call or SMS, if applicable, to the telephone number provided by the CUSTOMER.
  3. communication via the customer's private eSimFLAG area, which can be accessed via the website www.esimflag.com or the eSimFLAG app, or any names that may replace these.

In this regard, THE CUSTOMER declares that all the information provided by them is true and correct, and undertakes to notify eSimFLAG of any changes that may occur in their contact details, as well as any other information necessary for the management and maintenance of the contractual relationship between eSimFLAG and THE CUSTOMER.

11. SECURITY DEPOSITS

I. In the request for registration in the service and at any time during the term of this contract, eSimFLAG may, in order to guarantee the fulfilment obligations arising from this contract:

  1. Ask the CUSTOMER to provide a guarantee, through a non-remunerated deposit in cash or a bank guarantee.
  2. Establish a credit limit for the client.

II. These measures will be adopted in the event of any of the following causes:

  1. The existence of non-paid amounts by the customer for any contract entered into with eSimFLAG.
  2. Repeated payment default of the corresponding invoices.
  3. The impossibility for eSimFLAG to verify that the customer has a sufficient level of solvency to meet its contractal obligations. This verification will be carried out with full respect for existing legislation, through access to the automated files in which the personal data has been obtained in accordance with the provisions of Article 6.1 b) of European Data Protection Rule 2016/679 in connection with Article 22 of the same rule as well as any regulations that replace it or which are applicable.
  4. Exceeding the credit limit set by eSimFLAG.

III. The non-provision of a guarantee will enable eSimFLAG to reject the registration application in the customer's service, restrict outgoing calls, suspend or terminate the contract, and permanently interrupt the service.

If the customer with outstanding debts requests termination of the contract or cancellation of the eSimFLAG service, change of ownership or transfer of the contract, eSimFLAG may enforce the guarantee for the total amount owed. Any remaining balance of the guarantee shall be made available to the customer.

In the event of non-payment, eSimFLAG may enforce the bank guarantee provided by the customer or retain the amount of the deposit up to the unpaid amounts, including, where applicable, any corresponding late payment interest. This shall be without prejudice to any other actions that may arise from the non-payment under this Contract or applicable law.

In the case of outstanding debts and non-payment, data relating to the debt may be communicated to the following entities engaged in credit information system management: 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.

12. FRAUD

The Customer shall be liable to eSimFLAG for any actual and proven damages, including damage to reputation, arising from the breach (whether through fault or negligence) of their obligations under this contract or from the infringement of the applicable regulations, when this favours, results in, contributes to or in any other way aids the committing of fraudulent acts against eSimFLAG and/or any third party. For these purposes, the Customer shall refrain from carrying out any action (whether by act or omission) on their line or by other means that entails a use not contemplated in this Contract of said line or of the related services provided by eSimFLAG. eSimFLAG may immediately suspend the service if it confirms any serious breach by the Customer of this obligation.

13. COMPLAINTS.

Without prejudice to other legal actions provided for by law, complaints about the operation of services, rates, billing, quality or any other issue that may arise in connection with the provision of the service may be addressed to eSimFLAG, through the customer service channels provided for this purpose or at www.esimflag.com within one month of becoming aware of the fact or cause giving rise to the complaint, without prejudice to those cases in which current regulations establish other deadlines for this purpose. In certain circumstances, and in order to resolve them in the most effective manner, eSimFLAG may offer the customer the option of submitting the complaint in writing.

When a complaint is made, the customer will be given a reference number and may also request a document certifying the submission and content of the complaint. Once the complaint has been filed, if the customer has not received a satisfactory response from eSimFLAG within one month, they may refer their complaint to the relevant Arbitration Board or to the Secretary of State for Telecommunications and Digital Infrastructure (SETID) or the body that replaces it.

14. ASSIGNMENT OF THE CONTRACT.

The service covered by this contract is of a personal nature, although the customer may assign it to a third party with the prior consent of Telefónica Móviles España, S.A.U. The company Telefónica Móviles España, S.A.U may assign this contract by previously informing the customer in accordance with the regulations in force, and without prejudice to the right that the customer may have to terminate the contract.

15. CORRECT USE OF THE SERVICES

The Customer undertakes to make reasonable use of the services and features included in the Service, as well as any other related services provided by eSimFLAG. The Customer shall be liable to eSimFLAG for any use other than the above that may cause damages of any kind to eSimFLAG or third parties and, in particular, for any use of eSimFLAG's services for purposes other than strictly personal communications, in the case of private customers, or for the resale or commercialisation of such services. Without prejudice to any other uses that also involve a use other than that contemplated in these conditions, the following shall be considered contrary to proper use, by way of example:

1. Its use in switchboards, SIMBOX, mass call routers or other elements for concentrating or transforming traffic or designed for making mass calls, traffic rerouting services and/or in general that constitute traffic sinks is expressly excluded and considered an inappropriate use.

2. The Customer may not resell the Service. Customers may not commercially exploit the Service and obtain any direct or indirect financial gain from the resale of the Service or any of its capabilities or functionalities.

3. Neither may it use the possibilities of the services, in any of its provisions and facilities, for purposes of remote hearing or surveillance, along with any connection, regardless of its duration, for purposes other than active communication between individuals. In the event of network congestion, traffic related to P2P and direct download portals may be given lower priority than other types of traffic.

4. In accordance with the European Roaming Regulation, if inappropriate, abusive or fraudulent use is detected, a surcharge may be applied for traffic in Roaming Zone 1 or Zone EU, or any other measures that may be applicable in the event of any of the circumstances described in the following paragraph, applying the control mechanisms based on the objective indicators described. The following shall be considered use exceeding the "reasonable use policy":

  1. The customer's predominant presence and consumption in EU and EEA roaming compared to their domestic presence and traffic.
  2. Long periods of inactivity of SIM cards associated with predominantly roaming use.
  3. Acquisition and sequential use of multiple SIMs by the same customer while roaming.
  4. The organised resale of eSimFLAG SIM cards.

5. Any use that is contrary to Spanish or European regulations. This includes any breach of regulations regarding content, intellectual property, security, privacy, etc., which are in force at the time the service is contracted.

The user agrees to make reasonable, non-fraudulent, non-abusive, and non-anomalous use of the services and features included in the Service, as well as any other related services.

In all the aforementioned cases, as well as in any others that involve improper use or purposes other than the intended personal communication for which the service is provided, eSimFLAG reserves the right to suspend or permanently terminate the Service. Should eSimFLAG decide to restore the Service, it may condition such restoration on the customer providing the guarantees requested by eSimFLAG).

The Customer shall be liable to eSimFLAG for any actual and proven damages, including damage to reputation, arising from the breach (whether through fault or negligence) of their obligations under this contract or from the infringement of the applicable regulations, when this favours, results in, contributes to or in any other way aids the committing of fraudulent acts against eSimFLAG and/or any third party. For these purposes, the Customer shall refrain from carrying out any action (whether by act or omission) on their line or by other means that entails a use not contemplated in this Contract of said line or of the related services provided by eSimFLAG. eSimFLAG may immediately suspend the service if it confirms any serious breach by the Customer of this obligation.

16. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the eSIM is owned by us (or our licensor) and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics on the app (collectively, the ‘Content’) and the trademarks, service marks and logos contained therein (the ‘Trademarks’) are owned by us, controlled by us or licensed to us and are protected by copyright, trademark and other intellectual property laws.

Unless expressly stated in these terms and conditions, no part of the eSIM, the app, the Content or the Trademarks may be copied, reproduced, aggregated, republished, posted, shared, publicly displayed, encoded, translated, broadcast, distributed, sold, licensed or otherwise exploited for any commercial purpose without our express prior permission.

17. CANCELLATION

The customer may request cancellation of the eSimFLAG Service at any time by sending an email to help@esimflag.com. The cancellation of the eSimFLAG user account implies the cancellation of the eSim provided at the time of the contract, and therefore the termination of the contract.

The service will be automatically cancelled 24 months after the last purchase and acceptance of the general terms and conditions. Should eSimFLAG discontinue the Service, it may unilaterally terminate the Service after notifying Customers in advance of the date on which the Service is scheduled to be discontinued.

If, at the time of cancellation, the customer has an eSIM, it will be disabled and the customer will not be able to use any packages available at that time.

Uninstalling the app or eSIM does not cancel the eSimFLAG service.

18. PROTECTION OF PERSONAL DATA

eSimFLAG reports that data of its customers 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 on the website 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 for all the purposes indicated in the Privacy Policy in execution of the contract, for the provision of the Service.

Processing this customer data allows us to be more efficient and helps us to keep providing the highest levels of security and trust in the services we offer. To this end, 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 do this, based on our legitimate interest, taking into account customers' reasonable expectations and unless they object, we process their data to create a commercial profile and make personalised recommendations through our channels or by sending commercial campaigns, for which we will make eSimFLAG recommendations based on the data provided to us, the consumption and billing data of our Products and Services, data generated when using eSimFLAG Apps and Websites (including ‘cookies’ if these have been accepted), as well as data calculated to create a basic profile and offer our customers, by any means, eSimFLAG recommendations tailored to their needs.

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.

eSimFLAG guarantees that it will take all measures to ensure the confidential processing of this data and hereby notifies the possibility of exercising rights of access, rectification, elimination, limitation, opposition and portability, in accordance with regulations. This can be done by writing to te_datos@telefonica.com, REF: eSimFlag

19. RESPONSIBILITY FOR SERVICES AND CONTENT ACCESSIBLE THROUGH THE SERVICE.

20.1. Usefulness and fallibility of the services and content accessible through the Service.

ESIMFLAG does not guarantee that the services and content are useful for carrying out any particular activity, nor does it guarantee their infallibility and, in particular, although not exclusively, that Customers will be able to effectively access the various sites on the Internet through the Service or that through the Service they will be able to transmit, disseminate or make available to third parties information, data or content, or access information, data or content disseminated or made available by third parties. eSimFLAG accepts no liability for damages of any kind that may arise from disappointment in the usefulness that users may have attributed to the services and content obtained through the service and to the reliability of the services and content, including, but not limited to, failure to access the various sites on the Internet through the services, in the transmission, dissemination, storage or making available to third parties of content through the services, or in the reception, obtaining or accessing of content through the services.

20.2. Privacy and security when using services and content.

ESIMFLAG does not guarantee Customer privacy and security when using the services and content and, in particular, does not guarantee that unauthorised third parties will not be able to gain knowledge of the type, conditions, characteristics and circumstances of the Customers' use of the Internet or that they will not be able to access and, where applicable, intercept, delete, alter, modify or manipulate in any way the content and communications of any kind that Customers transmit, disseminate, store, make available, receive, obtain or access through the Service.

eSimFLAG excludes all liability to the fullest extent permitted by law for damages of any kind that may arise from the knowledge that third parties may have of the type, conditions, characteristics and circumstances of the use of the Internet by users or that may arise from access and, where applicable, interception, deletion, alteration, modification or manipulation in any way of the content and communications of any kind that customers or users transmit, disseminate, store, make available, receive, obtain or access through the service.

20. COMPLIANCE OF THE CONTENT OR DIGITAL SERVICE.

a) The Customer has the right to ensure that the Service/good/content or digital service covered by this contract complies with the description, type, quantity, quality, safety and functionalities set out in the Contract, as well as to obtain the corresponding updates.

If the Service/good or digital content does not meet these requirements, the Customer has the right to demand that eSimFLAG comply with them, choosing between repair or replacement, unless eSimFLAG can provide an alternative corrective measure that does not cause significant inconvenience to the Customer. In any case, if the repair requires the delivery or collection of goods in the Customer's possession, the Customer must make these available to eSimFLAG in accordance with the instructions provided for this purpose.

Should such compliance prove impossible or involve disproportionate costs, as well as in those cases where the repair has not been carried out within a reasonable period of time, the Customer has the right to request from eSimFLAG, by means of an express statement, a reduction in the price of the Service by means of a discount on the invoice proportional to the period of time during which the Service/good or digital content or service has not met the contractual requirements, or the termination of the Contract, unless this is of minor importance.

b) eSimFLAG shall be liable for any lack of conformity existing at the time of delivery of the digital content or service and which becomes apparent within two years of delivery, without prejudice to eSimFLAG ensuring that any updates, including security updates, necessary to maintain conformity are communicated and provided to the consumer or user, in accordance with the provisions of current legislation.

In the case of digital content or services or goods with digital elements, where the contract provides for the continuous supply of digital content or services for a specified period of time, eSimFLAG shall be liable for any lack of conformity of the digital content or services that occurs or becomes apparent within the period during which the digital content or services must be supplied in accordance with the contract. However, if the contract for the sale of goods with digital elements provides for the continuous supply of digital content or services for a period of less than three years, the liability period shall be three years from the time of delivery.

21. APPLICABLE LAW AND DISPUTE RESOLUTION

In the event that the Customer has any incident or query in relation to the Service provided by eSimFLAG, in accordance with the provisions of these Terms and Conditions, they may contact eSimFLAG to resolve the issue by calling 900 774 747 (+34 91 707 47 47 for calls from outside Spain, call charges according to their operator's rates).

These Terms and Conditions shall be governed by Spanish law. In the event of any dispute regarding the interpretation or execution of these Terms and Conditions, the user may refer any disputes arising from or related to the service to the courts and tribunals with jurisdiction at any given time, in accordance with the provisions of current legislation.

Other mandatory laws of other states may also apply to a customer's use of the eSIM.

The Service and the App are not intended for use by any person or entity in any jurisdiction or country where such use would be contrary to applicable law or regulation. Consequently, anyone who decides to access the service and/or the App from places where such use is prohibited does so on their own initiative and is solely responsible for compliance with local laws, to the extent that local laws are applicable.