Terms and Conditions
Effective from: 22 January 2025
These Terms and Conditions (the 'Terms') set out the conditions for using the eSIM Surfer mobile application and related services (the 'Service'). By using the Service, you accept the following terms.
Please read this document carefully before using the Service.
1. Provider details
Name: Derecskei Miklós egyéni vállalkozó
Registered office: 1039 Budapest, Jendrassik György utca 2., Magyarország
Tax number: 90374571-1-41
Registration number: 59560355
Email: support@esimsurfer.app
Website: https://esimsurfer.app
Hosting providers:
Website: Vercel Inc. (440 N Barranca Avenue #4133, Covina, CA 91723, United States; https://vercel.com)
Application backend: DigitalOcean, LLC (105 Edgeview Drive, Suite 425, Broomfield, CO 80021, United States; https://www.digitalocean.com) – data is stored in the European Union (Frankfurt)
2. Definitions
- Provider: Derecskei Miklós egyéni vállalkozó, which operates the eSIM Surfer application.
- User: the natural person who uses the Service, registers or makes a purchase.
- eSIM: an embedded SIM, being a mobile-network profile that can be downloaded and activated digitally.
- Service: the eSIM sales and management service available through the eSIM Surfer application.
- Wallet: the in-app virtual balance that may be used for purchases.
- Consumer: a natural person acting outside their trade, profession or business activity.
3. Subject matter of the Service
Through the eSIM Surfer application, the Provider sells international eSIM plans. Through the Service, the User may:
- purchase eSIM plans for different countries and regions
- view and manage purchased eSIMs
- monitor data usage
- top up and use a Wallet balance
- take part in the referral programme
The Provider acts as an intermediary between the User and its contracted eSIM wholesale partners (currently including Airalo Singapore Pte. Ltd. and Roamify). The eSIM provider and its partners are responsible for operation of the eSIMs and provision of the mobile-network service.
4. Registration and account management
4.1. Registration
Registration is required to use the Service. Registration takes place by providing an email address. The User must:
- provide true and accurate information
- keep their information up to date
- keep authentication credentials for their account confidential
4.2. Account security
The User is responsible for all activity carried out through their account. If the User detects unauthorised access, they must notify the Provider without delay.
4.3. Account deletion
The User may request deletion of their account at any time within the application (Profile → Settings → Delete account) or by email. Detailed information on account deletion is available in the Account Deletion Notice.
5. Orders and payment
5.1. Prices
Prices displayed in the application are in Hungarian forints (HUF) and do not include value added tax (VAT), because the Provider is exempt from VAT under Section 187 of 2007. évi CXXVII. törvény. The Provider reserves the right to amend prices; this will not affect orders already commenced.
5.2. Payment methods
The User may pay using the following methods:
- Bank card (through the Stripe payment service provider)
- Apple Pay / Google Pay
- Wallet balance
5.3. Formation of the contract
The contract is formed when payment has been processed successfully. The User will receive confirmation of a successful purchase in the application and by email.
5.4. Invoice
The Provider issues an electronic invoice for the purchase and sends it to the User by email. The invoice is also available in the application.
5.5. Technical steps for entering into the contract
Placing an order in the application involves the following steps:
- selecting the required eSIM plan (country/region, data allowance, validity)
- viewing the plan details and price
- selecting a payment method or applying a coupon code or Wallet balance
- checking order details on the summary (payment) screen
- approving payment, by which the User places an order subject to an obligation to pay
- receiving confirmation in the application and by email
5.6. Correction of input errors
Before submitting an order (approving payment), the User may check the information provided and the order contents on the summary screen, correct errors, amend the selected plan or discontinue the process at any time. The User may report input errors relating to an order that has already been submitted at support@esimsurfer.app.
5.7. Language, form and filing of the contract
The contract may be concluded electronically in Hungarian or English. The concluded contract is not deemed to be a written contract; the Provider does not file it and it is therefore not subsequently accessible. The Provider makes the material details of the order available to the User in the confirmation email on a durable medium. The Provider has not adopted a code of conduct.
6. Activation and use of the eSIM
6.1. Compatibility
The User is responsible for checking whether their device supports eSIM technology and is not SIM-locked. The Provider accepts no liability for purchases made on an incompatible device.
6.2. Activation
Following purchase, the eSIM is activated by scanning the displayed QR code or entering the manual details. Detailed activation steps are available in the application.
6.3. Validity
The validity of eSIM plans depends on the plan type and runs from first activation or purchase, as stated in the plan description. Any unused data allowance expires when the validity period ends.
6.4. Usage restrictions
The eSIM may only be used in the countries/regions specified in the plan description. The User must comply with local telecommunications regulations.
6.5. Fair use and speed restrictions
For certain plans, particularly those with an 'unlimited' data allowance, connection speed may be restricted (throttled) after the daily full-speed data allowance has been used. The specific terms of fair use and speed restrictions depend on the applicable provider and local network operator and may change independently of the Provider.
Before purchase, the User may obtain information about the daily allowance and the restricted speed in the application, on the relevant plan information page or from customer support (support@esimsurfer.app). Detailed rules are set out in the Acceptable Use Policy.
7. Wallet
7.1. Wallet top-up
The User may top up their Wallet balance using a bank card. The topped-up amount may be used for purchases immediately.
7.2. Use of the Wallet
The Wallet balance may be used to purchase eSIMs and access other services. The Wallet balance cannot be redeemed for cash.
Warning
When an account is deleted, any remaining Wallet balance is forfeited and cannot be refunded. Please use your balance before deleting your account.
8. Referral programme
The User has a unique referral code which they may share with others. The referral-programme terms are as follows:
- Both the referrer and the referred person may receive a discount following a successful referral
- The amount and terms of the discount are specified in the application
- The Provider reserves the right to amend or discontinue the referral programme
- In the event of abuse, the Provider may withdraw discounts and suspend the account
9. Right of withdrawal and refunds
9.1. Consumer right of withdrawal
A User who qualifies as a Consumer may withdraw from the contract without giving reasons within 14 days pursuant to 45/2014. (II. 26.) Korm. rendelet.
The right of withdrawal cannot be exercised:
- where the User has already activated the eSIM (performance of the service has begun)
- in respect of digital content, where performance has begun
By placing the order (initiating payment), the User expressly requests that the Provider begin performance of the service — making the eSIM available — before the withdrawal period expires, and acknowledges that, following activation of the eSIM, they lose their 14-day right of withdrawal for the reason stated above. The Provider also confirms this declaration in the order confirmation.
9.2. How to exercise the right of withdrawal
The Consumer may exercise the right of withdrawal by making an unambiguous statement to that effect, or by using the model form below, which must be sent by email to support@esimsurfer.app. The right of withdrawal is deemed exercised in time if the Consumer sends the statement before the 14-day period expires.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
- Addressee: Derecskei Miklós egyéni vállalkozó, 1039 Budapest, Jendrassik György utca 2.; email: support@esimsurfer.app
- I hereby give notice that I exercise my right of withdrawal from the contract for the provision of the following service: [name of purchased eSIM plan, order ID]
- Date of conclusion of contract: …
- Name of Consumer: …
- Address of Consumer: …
- Date: …
9.3. Refunds
In the event of a valid withdrawal, the Provider will refund the full amount paid by the Consumer within 14 days of becoming aware of the withdrawal, using the same means of payment used by the Consumer (another means of payment may be used with the Consumer's express consent and at no additional cost).
9.4. Defective performance and complaint handling
If the eSIM does not function properly and the fault does not arise from the User's device or improper use, the Provider will investigate the issue and, where justified, provide a replacement or refund.
10. Statutory warranty and guarantee
10.1. Statutory warranty for defects
In the event of defective performance by the Provider, the User may assert a statutory warranty claim in accordance with the rules of the Hungarian Civil Code.
10.2. Limitations of the Service
The Provider gives no warranty as to the quality, coverage or availability of mobile-network services provided by third parties. Operation of the eSIM depends on local network infrastructure and conditions.
11. Limitation of liability
The Provider shall not be liable for:
- losses arising from the User's device being incompatible with eSIM
- outages, slowdowns or quality issues in mobile-network services
- issues arising from incorrect installation or use of the eSIM
- losses arising from force majeure events
- losses caused by the User to third parties
- indirect, consequential or loss-of-profit damages
Except in the case of damage caused intentionally or through gross negligence, the Provider's liability is limited to the amount paid by the User for the relevant service.
12. User obligations
The User must:
- use the Service as intended
- provide true information and keep it up to date
- comply with applicable laws and these Terms
- refrain from any activity that jeopardises operation of the Service
- use the eSIM solely for personal use (resale is prohibited)
13. Suspension and termination of the Service
The Provider is entitled to suspend or terminate the User's access if:
- the User breaches these Terms
- the Provider detects activity indicating abuse
- the User provides false information or engages in fraudulent conduct
- required by a legal obligation
Where possible, the Provider will notify the User in advance of suspension or termination, but no later than at the same time as the decision.
14. Intellectual property
The eSIM Surfer application, its visual identity, content, source code and all related intellectual property are the exclusive property of the Provider and protected by copyright. Use of the Service does not grant the User any rights in that intellectual property.
15. Data protection
The Provider processes the User's personal data in accordance with the Privacy Policy, the GDPR and Hungarian data-protection legislation.
16. Complaints and disputes
16.1. Customer support
Please contact us with your complaint using the following details:
Email: support@esimsurfer.app
We investigate complaints and respond in writing within 30 days.
16.2. Conciliation body
If the complaint is rejected or we do not respond within 30 days, the Consumer may refer the matter to a conciliation body:
Budapest Conciliation Body
Address: 1016 Budapest, Krisztina krt. 99.
Telephone: +36 (1) 488-2131
Email: bekelteto.testulet@bkik.hu
The Consumer may also refer the matter to the conciliation body having jurisdiction over their place of residence or stay. A list of conciliation bodies and their contact details is available at bekeltetes.hu.
16.3. Consumer-protection authority
The European Commission's online dispute resolution (ODR) platform ceased to operate on 20 July 2025, so it is no longer possible to submit complaints through it. In addition to conciliation proceedings, the Consumer may contact the consumer-protection authority of the metropolitan or county government office having jurisdiction over their place of residence.
The contact details of consumer-protection authorities are available at fogyasztovedelem.kormany.hu.
16.4. Court proceedings
The parties will seek to settle disputes amicably in the first instance. If this is unsuccessful, disputes shall be subject to the jurisdiction of the Hungarian courts.
17. Amendments to the Terms
The Provider reserves the right to amend these Terms unilaterally. Users will be notified of amendments in the application or by email at least 15 days before they take effect.
If the User continues to use the Service after an amendment takes effect, they accept the amended terms. If the User does not agree with the amendment, they are entitled to delete their account.
18. Final provisions
- Governing law: These Terms and the legal relationship between the parties are governed by Hungarian law.
- Severability: If any provision of these Terms is invalid or unenforceable, this does not affect the validity of the remaining provisions.
- No waiver: A failure by the Provider to exercise any right does not constitute a waiver of that right.
- Entire agreement: Together with the Privacy Policy and the Account Deletion Notice, these Terms constitute the entire agreement between the parties concerning the Service.
Contact
Please contact us with any questions:
Email: support@esimsurfer.app
Provider: Derecskei Miklós egyéni vállalkozó
Address: 1039 Budapest, Jendrassik György utca 2., Magyarország
Related documents:
Last updated: 22 January 2025.
