dpaymobile.com Terms of Service

Version 1.1

This is an English translation of the Polish Terms of Service. In case of any discrepancy, the Polish version (dpaymobile.com/regulamin) prevails.

§ 1. Seller and subject matter of the Terms

1. The dpaymobile.com Service is operated by Payments Lab sp. z o.o., with its registered office in Warsaw, ul. Chmielna 2/31, 00-020 Warszawa, KRS 0000845085, NIP 5252825300, REGON 386243396, share capital PLN 50,000, e-mail: [email protected] ("DPAY").
2. DPAY sells, in its own name, prepaid travel eSIM plans providing data transmission only (the "Plan") and is a party to the contract concluded with the customer (the "Contract"). To perform the Contract, DPAY uses foreign providers of profiles and connectivity as well as local operators (the "Network Providers"). The Network Providers are not parties to the Contract, and DPAY remains liable to the Customer for its performance, customer service, settlements and complaints.
3. "Customer" means the party to the Contract, "User" means the person actually using the Plan, "eSIM Profile" means a digital profile installed on a compatible device, "Plan Card" means the statement of the parameters of a specific Plan presented before purchase, and "Activation" means the event indicated in the Plan Card which starts the Plan or begins its validity period.
4. The Contract consists of: individual arrangements confirmed by DPAY, the Plan Card, the Order confirmation and these Terms, in that order of precedence within the scope covered by each document. The Privacy Policy describes the processing of data. Wholesale terms not disclosed to the Customer are not binding on the Customer.
5. These Terms apply to purchases made in the dpaymobile.com Service, in the dpaymobile mobile application, in DPAY vending machines and kiosks, and via an individual payment link provided by DPAY or its partner. If the Plan was purchased on an external sales platform, the conclusion of the Contract is additionally governed by the rules of that platform, whereas the delivery of the Plan, customer service, settlements and complaints are handled by DPAY in accordance with these Terms.

§ 2. Customer, Account and conclusion of the Contract

1. A Plan may be purchased by an adult with full legal capacity or by a person duly representing an organisation. An Account is required only where the purchase process indicates so; a purchase in the Service is possible without creating an Account, and Accounts are maintained in the dpaymobile mobile application. The Customer is responsible for the accuracy of the data provided and for protecting the password, QR code, installation link and other Profile data.
2. Before placing an Order, the Customer receives the Plan Card, the total price, these Terms and the required pre-contractual information. The Contract is concluded when DPAY accepts the Order or delivers the Plan, whichever occurs first. The Contract confirmation, the accepted documents and the installation data are provided on a durable medium.
3. The e-mail address given in the Order is the primary channel for delivering the Contract confirmation, installation data and documents, and must therefore be correct and accessible to the Customer. If the Order was received from a channel which provides DPAY only with an intermediary (proxy) address, DPAY may ask the Customer to provide their own e-mail address.
4. DPAY may decline an Order if the Plan is unavailable, payment has not been confirmed, the data provided are incomplete or manifestly untrue, or performance of the Order would breach the law, sanctions, the requirements of the relevant network or security. In such a case, any amount collected is refunded without undue delay.
5. The Customer may make the Plan available to another person, unless the Plan Card excludes this, but remains the party to the Contract, is responsible for the use of the Plan and shall communicate its terms to the User. The Plan may not be resold without DPAY's written consent.
6. The Plan does not renew automatically, unless the frequency, price and method of cancellation have been clearly displayed and separately accepted. For purchases made in a vending machine or kiosk, the actual time and manner in which the Contract is concluded determine whether the provisions on distance contracts apply.
7. DPAY provides, by electronic means, access to the Service, the Account, the purchase process, electronic delivery of the Plan, transactional notifications, support and forms. The following are required: an up-to-date browser or application, Internet access, support for JavaScript and strictly necessary cookies, an active e-mail address and the ability to save documents; § 4 and the Plan Card also apply to the Plan. Providing unlawful content is prohibited.

§ 3. Plan Card and scope of the Service

1. The Plan Card forms part of the Contract. DPAY presents it before purchase, when the Plan is selected and in the Order summary, and it states at least: the countries and territories covered by the Plan, the data allowance, the validity period, the total price and the fair usage rules for unlimited Plans. Where relevant to the given Plan, the Plan Card also states: the time and deadline for Activation, speed restrictions and hotspot rules, device and installation requirements, whether top-up or reinstallation is possible, known additional requirements of the relevant network and the conditions of any voluntary refund. The technical data needed to start the Plan, including the APN and installation instructions, are provided to the Customer together with the eSIM Profile. A feature not stated in the Plan Card is not part of the Plan.
2. DPAY does not specify or guarantee any particular local network to which the device will connect. The Plan covers the countries and territories listed in the Plan Card, and the choice of network on site is made by the device and the Network Provider.
3. The Plan works only within the area stated in the Plan Card. It does not work in Poland unless Poland is listed. The term "unlimited" means that there is no overall cap that ends data transmission, but it may be subject to transparently described high-speed data thresholds and speed reductions: once the threshold is exceeded on a given day, the speed is restricted until the end of that day, and the threshold resets every 24 hours. DPAY states the applicable threshold values and the speed after the threshold is exceeded in the Plan Card and in the Service.
4. The version of the Plan Card assigned to the Order remains part of the Contract. A later change to the catalogue applies to future purchases. DPAY may change the Network Provider or the technical solution without amending the Contract, provided that the agreed parameters are maintained; otherwise, the Customer will receive an equivalent Plan, a price reduction or an appropriate refund.

§ 4. Delivery of the Plan, receipt of the code, installation and use

1. The eSIM Profile is delivered promptly after payment is confirmed, usually within a few minutes, unless the Plan Card provides for a different time or an additional requirement of the relevant network must be met. If delivery is delayed, DPAY informs the Customer and either completes the Order or refunds the amount paid.
2. The installation data are: the QR code, the activation code together with the SM-DP+ address and, where required, the APN and start-up instructions. DPAY makes them available:
   1. on the individual order page, the link to which the Customer receives after purchase,
   2. in an e-mail sent to the address given in the Order,
   3. in the dpaymobile mobile application, in the Customer's list of eSIM cards,
   4. on a printout issued by a vending machine or kiosk, with a code leading to the order page.
   Use of any of these methods constitutes making the installation data available.
3. The order page is accessible without logging in to anyone who knows the individual link or the code from the printout. The link, printout and installation data must be protected in the same way as an access code, because their disclosure allows a third party to install the Profile. DPAY is not liable for the consequences of the disclosure of such data by the Customer or the User.
4. If the installation data are to be made available before the withdrawal period expires, DPAY first obtains the Consumer's express request to begin performance and the Consumer's declaration: in the Service, during the Order process, and, for purchases made at a kiosk, vending machine or via an external channel, on a separate screen displayed before the code is revealed. Until confirmation is given, the installation data remain hidden and the Order may be cancelled with a full refund of the price.
5. The installation data remain available under the same link and in the application for the duration of the Plan, so the Customer may return to them at any time. If the message has not been received or the Customer has lost the link, DPAY, upon request submitted to [email protected], provides the installation data again after verifying the requester's entitlement.
6. Before purchase, the Customer should check whether the device supports eSIM, is not carrier-locked, operates on the required frequency bands and allows a Profile to be added. Installation requires Internet access. As a rule, the Profile and the installation code are single-use and intended for one device; a working Profile should not be deleted before the Plan ends. An incorrect confirmation of compatibility by DPAY does not limit the Customer's rights.
7. If the Profile was damaged during installation and cannot be reinstalled, DPAY issues, within the same Order, a new Profile with the same parameters, free of charge, provided that the Plan has not yet been used and the cause does not result from use of the Profile in breach of these Terms. The replaced Profile ceases to be valid.
8. Installation does not always mean Activation. For Plans offered by DPAY, validity usually starts when the Profile first connects to a supported network in a country covered by the Plan, and not on the date of purchase or installation; the applicable moment is stated in the Plan Card, which may also provide for manual start, first data transmission or another event. The Plan ends when the allowance is used up, the validity period expires or another stated event occurs. Unused allowance does not carry over, and, as a rule, the validity period cannot be paused after Activation.
9. The User follows the instructions, selects the Profile as the data line and, where required, enables data roaming for it, sets the APN or selects the network manually. DPAY is not liable for charges of the User's home operator incurred as a result of leaving that operator's SIM as the active data line.
10. For Plans with a data allowance, where the Network Provider makes monitoring available, the Customer can check the remaining allowance and validity on the order page, in the application and in the usage lookup tool in the Service. For unlimited Plans, a data allowance counter is not available, and use is subject to the fair usage rules in § 3(3).
11. Coverage, speed and technology depend, among other things, on the location, device, load on and upgrades of the local network, weather, interference and roaming. Data traffic may be routed through another country, so the IP address and detected location may differ from the actual location. DPAY does not guarantee that banking, streaming or OTP codes will work, or that geo-blocking can be bypassed, unless that feature is expressly included in the Plan.

§ 5. Data-only nature of the Plan

1. The Plan is a data-only service and covers only data transmission on the networks stated in the Plan Card. It does not include voice calls, SMS, MMS or a telephone number for contacting the User.
2. A number or other technical identifier visible on the device serves only for the operation of the network and does not mean that voice services, messaging, number portability, receipt of OTP codes or the ability to use it with banks or other services are provided.
3. The Plan does not allow emergency calls and should not be the only means of communication in critical situations or for recovering important accounts.

§ 6. Additional country or network requirements

1. Purchasing a Plan in the Service does not require verification of the User's identity. However, in some countries or networks, making the Plan available may depend on meeting an additional requirement arising from local law or network access rules. If the requirement is known before purchase, DPAY states it in the Plan Card. The requirement may be handled directly by the relevant Network Provider.
2. If an additional requirement arises only after purchase and, through no fault of the Customer, prevents Activation, DPAY will offer an equivalent Plan or a refund of the price for the unperformed part. Refusal to meet a requirement disclosed before purchase may prevent Activation.
3. Meeting an additional requirement does not limit the information obligations or data protection rules of the entity that handles it. The Customer may report an error or submit a complaint to DPAY.

§ 7. Price and payment

1. The total price, taxes, currency and mandatory fees are displayed before purchase. Payment is effective once confirmed by the payment operator. Currency conversion costs or bank fees beyond DPAY's control arise from the Customer's agreement with the relevant provider.
2. The available payment methods, in particular BLIK, fast bank transfer, payment card, Apple Pay, Google Pay and deferred payments, as well as the available currencies, depend on the country, device and selected currency; the Customer sees the current list when placing the Order. Choosing a deferred or instalment payment means concluding a separate agreement with its provider, on that provider's terms.
3. DPAY issues the sales document required for the given purchase. The Customer receives a VAT invoice, including one issued in a company's name, after ticking the relevant option when placing the Order or after submitting a request within the time limit laid down by law.
4. A voucher or discount code operates in accordance with the conditions stated when it was issued, is not electronic money and cannot be voluntarily exchanged for cash, except where required by law or in the event of non-performance.
5. If the Profile supports top-ups, the Customer can see the available packages on the order page or in the application. A top-up is a separate purchase for an existing Profile, has its own Plan Card and is subject to these Terms.
6. Where there are specific indications of fraud, DPAY may withhold delivery of an inactive Plan. A justified payment dispute in itself does not constitute fraud. Where a payment reversal creates an outstanding balance after the Service has started, DPAY acts in accordance with mandatory provisions of law.

§ 8. Rules of use and security

1. The Plan is intended for personal use or the ordinary internal use of a business. Without DPAY's written consent, the following are prohibited in particular: resale and mass sharing; SIM-boxing, SIM farms and artificial traffic generation; circumventing the FUP or security measures; impersonation and spoofing of identifiers; spam, phishing and fraud; attacks, malware and interference with the network; transmission of unlawful content; and any other use that infringes the law or the rights of third parties.
2. DPAY may apply a proportionate restriction of traffic or speed, a temporary suspension or termination of the Service where required by law or by a public authority, network security, fraud or a material breach of these Terms or the FUP. Unless the situation is urgent or the law prohibits it, the User will be informed of the reason and given the opportunity to remedy the breach or to submit a complaint.

§ 9. Support, performance of the Service and liability

1. Support is available at [email protected] and via the contact form in the Service and in the application. When reporting a problem, the Customer should provide the Order number or ICCID, the device model, the country, the time of the incident, the selected network, the settings and the error message, and should cooperate in safe troubleshooting.
2. DPAY will attempt to restore the Service, in particular by correcting the configuration, issuing a new Profile, changing the network, providing a replacement Plan or extending the validity period. If a problem for which DPAY or an entity it uses is responsible is not remedied, the Customer retains the right to a price reduction, a refund for the unperformed part, termination of the Contract or other remedies available under the law.
3. DPAY is liable for the acts of the Network Providers used to perform the Contract. However, it is not liable for any consequence caused solely by a properly disclosed device incompatibility, failure to follow clear instructions, use outside the Plan area, disclosure of the code by the User or an autonomous decision of a third-party service. This limitation does not cover incorrect information, instructions, security measures or actions of DPAY, and does not affect the rights of the Consumer.
4. With respect to a business Customer that does not benefit from consumer protection, DPAY's liability for lost profits and indirect damage is excluded, and its total liability relating to a Plan is limited to twice the price of that Plan. This limitation does not apply to wilful misconduct, personal injury, confidentiality, data protection, the secrecy of communications or cases in which liability cannot be limited.

§ 10. Withdrawal and consumer refunds

1. A Consumer may withdraw from a Contract concluded at a distance or off-premises without giving any reason within 14 days or, in cases provided for by law, within 30 days. The statement of withdrawal may be sent to [email protected], via an available electronic function or by post to DPAY's address. A model withdrawal form is available in the Service, but its use is not mandatory.
2. The eSIM Profile together with the installation data constitutes digital content not supplied on a tangible medium. Before the withdrawal period expires, DPAY makes the installation data available only at the Consumer's express and prior request, obtained in accordance with § 4(4), after informing the Consumer that they will lose the right of withdrawal once that data is made available, and after the Consumer has acknowledged this. The right of withdrawal expires at the moment the installation data is made available (Article 38(1)(13) of the Polish Consumer Rights Act of 30 May 2014). DPAY sends confirmation of the request and the statement on a durable medium.
3. As long as the Plan has not been Activated and the Activation deadline stated in the Plan Card has not passed, DPAY refunds the full price of the Plan at the Customer's request, including after the right of withdrawal has expired. The request is submitted in the manner described in paragraph 1. Activation of the Plan before the request has been processed excludes the refund.
4. Once Activated, a Plan is not refundable, either in whole or in part. This applies in particular to unused data or days of validity, cancellation or rescheduling of a trip, a change of device and removal of the eSIM Profile from the device. Activation starts performance with the Network Provider, which cannot be reversed. Activation is established on the basis of the Network Provider's data recorded for the given eSIM Profile, and DPAY makes this data available to the Customer on request.
5. After an effective withdrawal or approval of a request under paragraph 3, DPAY deactivates the eSIM Profile, and further use of it is not possible. DPAY refunds the amount due within 14 days using the same payment method, unless the Customer agrees to another method that involves no cost to them.
6. Paragraphs 3 and 4 and any refund terms described in the Plan Card do not limit the statutory right of withdrawal while it applies, nor the Customer's rights if the Plan does not conform to the Contract, including complaints (§ 11) and the remedies under § 6(2) and § 9(2).
7. If the entire Contract is concluded and paid for directly at a vending machine, the Polish Consumer Rights Act of 30 May 2014 may not apply. Where a kiosk issues only a code and the Contract is subsequently concluded online, the rules on distance contracts apply.

§ 11. Complaints and dispute resolution

1. A complaint may be submitted free of charge by e-mail to [email protected], via the available form or the application, or in writing to DPAY's address. It should enable identification of the Customer and the Contract and describe the incident and the request. DPAY may ask for additional information necessary to consider the matter.
2. A complaint concerning the Plan must be submitted within 12 months of the incident or the incorrect billing. A late complaint is not considered, which is not the same as the claim becoming time-barred. DPAY responds within 30 days; failure to send a response within that period means that the request set out in the complaint is deemed accepted. The response is provided on a durable medium.
3. After the complaint procedure has been exhausted, the Consumer may use out-of-court dispute resolution before the President of the Office of Electronic Communications (Prezes UKE), seek assistance from a consumer ombudsman or bring the matter before the competent court. Information is available at cik.uke.gov.pl.

§ 12. Personal data and confidentiality of communications

1. Payments Lab is the controller of the data used to conclude and perform the Contract, for the Account, settlements, complaints, security and legal obligations. To the extent necessary, the data may be disclosed, among others, to providers of payment, hosting, support, profile and connectivity services, to local operators and to public authorities. Some of these entities may be separate controllers or joint controllers.
2. Due to the global nature of the Plan, data may be transferred outside the EEA subject to appropriate safeguards. Details, legal bases, retention periods and data subject rights are described in the Privacy Policy.
3. DPAY protects the confidentiality of communications. Traffic data and location data are processed only to the extent permitted by law and necessary to perform and bill the Service, ensure security, handle complaints and fulfil obligations towards authorised authorities.

§ 13. Term, amendments and final provisions

1. The Contract remains in force until the Plan is used up or expires, until effective withdrawal or until termination. The Account agreement remains in force until the Account is closed; closing the Account does not deprive the Customer of an active Plan, documents or the ability to submit a complaint.
2. New Terms apply to future Contracts. The terms of an active Plan may be changed only in the cases and in the manner permitted by mandatory provisions of law, with the required advance notice, information on a durable medium and the right to terminate, where applicable. A change does not have retroactive effect and does not increase the price of a Plan already paid for.
3. The Customer may submit a withdrawal, a termination notice or a proposal to terminate by mutual agreement in documentary form, in particular by e-mail. DPAY may end the Plan where required by law or by a public authority, where performance has become permanently impossible, where a disclosed requirement of the given Plan has not been met, where payment has been reversed, or where the User materially breaches these Terms and has not remedied the breach despite being requested to do so; such a request is not required in an urgent situation, in the event of fraud or where there is a threat to the network. The settlement reflects the reason for ending the Plan and the Customer's rights.
4. The Contract is governed by Polish law. This choice of law does not deprive the Consumer of the protection afforded by the mandatory provisions of the law of the country of the Consumer's habitual residence. The invalidity of any provision does not affect the remaining provisions, provided that the Contract can remain in force without it. The Order is governed by the version of the Terms provided when the Contract was concluded.