← Back to Home

Distance Sales Agreement

Last updated: June 29, 2026

1. Parties

This Distance Sales Agreement ("Agreement") is entered into between:

and

  • Buyer: The individual who creates an account and purchases eSIM data plans through the Fibonacci eSIM mobile application ("Customer," "you," or "your")

Together referred to as "the Parties."

2. Definitions

  • App: The Fibonacci eSIM mobile application available on Apple App Store and Google Play Store.
  • eSIM: An embedded SIM (Subscriber Identity Module) that is digitally provisioned and installed on a compatible device without the need for a physical SIM card.
  • Data Plan: A prepaid mobile data package purchased through the App, providing internet connectivity in specified countries or regions for a defined duration and data allowance.
  • Digital Content: eSIM profiles and associated data plans delivered electronically through the App.

3. Subject Matter of the Agreement

This Agreement governs the sale and delivery of eSIM data plans through the App. The Company provides prepaid mobile data plans that enable internet connectivity in 190+ countries and regions worldwide. All products sold through the App are digital content delivered electronically.

4. Ordering Process

  1. The Customer browses available data plans in the App, selecting the desired country/region, data allowance, and validity period.
  2. The Customer reviews the plan details, including price, data allowance, coverage area, and validity period.
  3. The Customer proceeds to checkout and completes payment through the available payment methods.
  4. Upon successful payment, the Customer receives an order confirmation and the eSIM profile is made available for installation.
  5. The Customer installs and activates the eSIM profile on their compatible device.

The Agreement is concluded when the Customer completes the payment and receives the order confirmation.

5. Prices and Payment

  • All prices are displayed in the App in the applicable currency and include all applicable taxes unless otherwise stated.
  • Prices are subject to change without prior notice; however, the price at the time of purchase will be honored.
  • Payment is processed securely through Apple App Store (for iOS) or Google Play Store (for Android) payment systems, or through other integrated payment processors.
  • The Company does not store your full payment card details. All payment processing is handled by certified third-party payment processors.
  • The purchase is finalized upon successful payment confirmation.

6. Delivery

  • eSIM data plans are digital products delivered instantly upon successful payment.
  • The eSIM profile will be available for download and installation in the App immediately after purchase.
  • Delivery is deemed complete when the eSIM profile is made available to the Customer in the App.
  • The Customer is responsible for installing and activating the eSIM profile on a compatible device.
  • In the rare event of a delivery delay, the Company will notify the Customer and resolve the issue promptly.

7. Device Compatibility

The Customer acknowledges and agrees that:

  • eSIM functionality requires a compatible device that supports eSIM technology.
  • It is the Customer's responsibility to verify that their device supports eSIM before making a purchase.
  • The Customer's device must be carrier-unlocked to use eSIM data plans from the Company.
  • The Company is not liable for any issues arising from device incompatibility.

8. Right of Withdrawal and Refund Policy

Due to the nature of digital content and in accordance with applicable consumer protection laws:

  • Before activation: If the eSIM profile has not been installed or activated, the Customer may request a full refund within 14 days of purchase.
  • After activation: Once the eSIM profile has been installed and activated, or data consumption has begun, the right of withdrawal is waived. By activating the eSIM, the Customer expressly consents to the immediate performance of the digital content and acknowledges the loss of the right of withdrawal.
  • Technical issues: If the eSIM profile fails to work due to a technical fault on our end (not related to device incompatibility), the Customer is entitled to a replacement eSIM or a full refund.
  • Refund process: Refund requests should be submitted to support@fibonacciesim.com with the order details. Approved refunds will be processed within 10 business days to the original payment method.

9. Service Terms and Limitations

  • Data plans are valid for the duration specified at the time of purchase. Unused data does not roll over after the validity period expires.
  • Data speeds and network availability depend on the local network operators in the coverage area and may vary.
  • The Company provides data connectivity only. Voice calls and SMS services are not included unless explicitly stated.
  • Fair usage policies may apply. Excessive or abusive usage may result in throttling or suspension of service.
  • The Company reserves the right to suspend or terminate service in cases of fraud, abuse, or violation of this Agreement.

10. Customer Obligations

The Customer agrees to:

  • Provide accurate and complete information during registration and purchase.
  • Ensure device compatibility before purchasing an eSIM data plan.
  • Use the service in compliance with all applicable laws and regulations.
  • Not resell, redistribute, or share the eSIM data plans with unauthorized third parties.
  • Keep their account credentials secure and confidential.

11. Company Obligations

The Company agrees to:

  • Deliver the purchased eSIM data plans promptly upon successful payment.
  • Provide accurate descriptions of data plans, including coverage, data allowance, and validity periods.
  • Offer customer support to assist with installation, activation, and troubleshooting.
  • Process valid refund requests in accordance with the refund policy stated herein.
  • Protect the Customer's personal data in accordance with our Privacy Policy.

12. Limitation of Liability

  • The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use or inability to use the service.
  • The Company's total liability for any claim related to the service shall not exceed the amount paid by the Customer for the specific data plan in question.
  • The Company is not responsible for network outages, speed variations, or coverage gaps caused by third-party network operators.
  • The Company is not liable for damages resulting from the Customer's failure to maintain device compatibility or follow installation instructions.

13. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to natural disasters, wars, government actions, network failures, cyberattacks, pandemics, or any other force majeure events.

14. Intellectual Property

All content, trademarks, logos, and intellectual property displayed in the App are the property of Fibonacci eSIM or its licensors. The Customer is granted a limited, non-exclusive, non-transferable license to use the App and purchased data plans for personal, non-commercial purposes only.

15. Dispute Resolution

  • The Parties agree to first attempt to resolve any disputes amicably through direct negotiation.
  • If a dispute cannot be resolved amicably within 30 days, it shall be submitted to the competent courts.
  • For consumers in the European Union, you may also use the European Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr.

16. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Turkey. Mandatory consumer protection laws of the Customer's country of residence shall apply where required by law.

17. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original.

18. Amendments

The Company reserves the right to modify this Agreement at any time. Material changes will be communicated through the App or via email. Continued use of the App after such modifications constitutes acceptance of the updated terms.

19. Entire Agreement

This Agreement, together with the Privacy Policy, constitutes the entire agreement between the Parties regarding the purchase and use of eSIM data plans through the App. It supersedes all prior agreements, representations, and understandings.

20. Contact Information

For any questions or concerns regarding this Agreement, please contact us:

By completing a purchase through the Fibonacci eSIM App, the Customer acknowledges that they have read, understood, and agreed to the terms of this Distance Sales Agreement.